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HomeMy WebLinkAboutOctober 11, 1994 (J u ~ \ol;lS I qJ-j o "~~.,~-., ",,>,:,'-- ",--" ::";ii' ":;\ c. .... '; 6 " .... ;' CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N,W. . ANDOVER, MINNESOTA 55304 . (612) 755-5100 PLANNING AND ZONING COMMISSION MEETING - OCTOBER 11, 1994 MINUTES The Regular Bi-Monthly Meeting of the Andover Planning and zoning Commission was called to order by Chairperson Jay Squires on October 11, 1994, 7:05 p.m. at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Bonnie Dehn, Bev Jovanovich, Randy Peek, Jerry Putnam Maynard Apel, Becky Pease City Planning Director, David Carlberg Others Commissioners absent: Also present: APPROVAL OF MINUTES September 27, 1994: Correct as written. MOTION by Jovanovich, Seconded by Dehn, to approve the Minutes. Motion carried on a 5-Yes, 2-Absent (Apel, Pease) vote. ~) SKETCH PLAN: TUTOR TIME SUBDIVISION - LOT 1, BLOCK 1, WOODLAND TERRACE _ SOUTH HALF OF SECTION 32 - NATIONAL RESOURCE GROUP, INC. Mr. Carlberg reviewed the proposal of National Resource Group, Inc., to divide Lot 1, Block 1, Woodland Terrace, into two lots. The property currently exists as a Neighborhood Business approved under a Planned Unit Development. All subdivision of commercial property must be done through Ordinance 10, the Platting Ordinance. The property is located within the MUSA, with sanitary sewer and water existing for the proposed Lot 2. A variance is being requested for Lot 2 for lot width as that width does not meet the 150-foot requirement of the ordinance. The property is adjacent to an existing NB zone, so the zoning is continuo~s and meets the minimum area requirements. The proposal is to construct a day care facility called Tutor Time on Lot 1. It is proposed that Lot 2 would be for office space use. A six-foot wood fence already screens the residential area to the south; however, the developers are aware of the additional need for screening and the setback requirements. " '\ o The Commission had some concern with access to Lot 2 as it relates to the service road, to the future upgrading of Bunker Lake Boulevard, and where the school bus picks up children in that area. Mr. Carlberg stated that will need to be addressed during the site plan review. There is a concern with adding additional accesses onto the service road, plus the additional traffic. The developers may be required to have a shared access to the service road with Lot 1 or to access Lot 2 from Narcissus near the southern end of the lot, though Narcissus does have a median along the entire length of the lot. Staff will be addressing these concerns. \ \. ) u Regular Andover Planning and Zoning Commission Minutes - October 11, 1994 'I Page 2 / (Sketch Plan - Tutor Time Subdivision, Continued) The Commission noted the beautiful mature oak trees on the parcel and asked about protecting as many as possible through the Tree Preservation Plan. It would be especially helpful to save as many as possible in the back to provide a natural screen to the southern residential area. Mr. Carlberg noted some trees must be removed for the buildings and parking lots; but hopefully some of the trees toward the rear of the lots can be saved. Staff will look at that issue. There was also concern by the Commission on whether Lot 2 can realistically be developed because of its size. Mr. Carlberg explained the "window of development", that area left for the building and parking areas once all the setbacks are considered. He thought it would be tight but there should be enough room for a small office building. The Commission suggested the developers demonstrate that Lot 2 can be developed meeting all the requirements, which would be used as the test of whether or not a variance would be granted to the lot width. Commissioner Dehn understood the reason for the lot split but would have preferred the day care to utilize the entire parcel to keep as many of the trees as possible and because of the concerns with traffic and the developable area on Lot 2. Mr. Carlberg noted the sketch plan with the Commission's comments will be forwarded to the City Council at their I October 18, 1994, meeting. PUBLIC HEARING: SPECIAL USE PERMIT - KENNEL LICENSE - 16541 VALLEY DRIVE NW - ROB-LYN AND TIM HILTZ 7:20 p.m. Mr. Carlberg reviewed the request of Rob-Lyn and Tim Hiltz for a kennel license at 16541 Valley Drive NW. The property is zoned R- 1 and consists of approximately ten acres. The applicable ordinances and criteria to be examined were outlined. The petitioners own four dogs and would like a hobby kennel license to keep up to eight adult dogs and to breed one or two litters per year. They do not intend to do commercial boarding of dogs. They have a purchase agreement on the parcel contingent upon City approval of the kennel license. MOTION by Dehn, Seconded by Jovanovich, to open the public hearing. Motion carried on a 5-Yes, 2-Absent (Apel, Pease) vote. 7:28 p.m. ; Rob-Lvn Hiltz - is an animal control officer for New Hope, and she and her husband are active in the Twin Cities St. Bernard Club. Her husband presented a handout with pictures of their four dogs; copies of their licenses, awards and advertisements; a layout of the lot showing buildings, stands of trees and shrubs and the dog run, plus pictures of the buildings on the lot and the housing for the dogs. Ms. Hiltz reviewed the background of each dog as to the type of dog, age, training, and accomplishments. Accomplishments included winning obedience awards on a national level, appearing in many advertisements, etc. All four dogs are certified as being good citizensr which includes having a good temperament, showing no aggressive behavior, being obedient, etc. The three big dogs are kept outside, but always either \ \ ) ,-J , Regular Andover Planning and Zoning Commission Minutes - October 11, 1994 Page 3 / (Public Hearing: Special Use Permit, Kennel License, 16541 Valley Drive NW, Continued) in the run or on a leash. They want the Special Use Permit to be legal and to live in Andover. They would like to breed the St. Bernard when it is old enough; but because of the work, they do not want to do more than one or two litters a year. Nor do they intend to keep more than eight adult dogs at a time. They don't plan to board any dogs; only have their own dogs. Because of the time factor when they take possession of the property, they would use the existing kennel run on the north side of the garage which is made out of a six-foot solid wood privacy fence. They would like to add an additional 12' x 24' to the existing kennel to make the area longer. It would be commercial kennel fencing, and there would be no way a dog would get out of the run. The dogs have their own dog house and electric water buckets in the winter. The kennels are cleaned twice a day, with the refuse double bagged and taken out with the weekly garbage. Ms. Hiltz went on that their dogs are important to them and they spend great deal of time training. Being in animal control, the last thing she wants is her dogs to be a nuisance to someone else. If someone comes to the property, the dogs bark. The yellow dog wears a bark collar whenever they are not home because barking has been a problem. A bark collar rests on the vocal cords of the dog and sends a small electrical jolt to the dog if there is vibration from barking. When she is home, she takes care of any barking. Chairperson Squires asked about the lots shown on the map to the north of this parcel. Mr. Carlberg stated Fire Station No.2 is to the north. There is some confusion on the smaller parcels which were created prior to the adoption of the platting ordinance. There are houses to the west and to the south, plus another kennel license which was issue for four to six dogs to the west on 165th. Commissioner Dehn noted to the east of the parcel is all agricultural land which is flood plain and low. Ms. Hiltz - stated the dogs never run free unattended. She does take them off the leash to work with them on obedience, but the dogs are not just allowed to run free because she has invested too much time and energy to take that risk. Mr. Carlberg also pointed out the ordinance addresses adult dogs, that is six months or older. There are no regulations on the number of puppies. Chairperson Squires read into the record a letter of opposition dated October 10, 1994, from Julia and Ronald Fisher, 3977 165th Avenue. Chairperson Dehn asked if Ms. Hiltz thought the dogs would be disturbed by the noise from the Fire Station or by the wildlife. Ms. Hiltz - stated they currently live on a busy street in St. Louis Park and fire trucks go back and forth. The dogs get used to it and do not howl. The dogs would bark if someone came to the house and they were not home; but not if they are at home. They have a lot of raccoons and stray cats in the City, so she didn't think the dogs would be disturbed by the wildlife. They maintain strict control on the barking. \ ) \ ,-) Regular Andover Planning and Zoning Commission Minutes - October 11, 1994 Page 4 (Public Hearing: Special Use Permit, Kennel License, 16541 Valley Drive NW, Continued) Noting the letter of opposition and not wanting to create a problem for the neighbors, the Commission expressed concern over the number of dogs being requested. Ms. Hiltz - explained they now have four dogs, and they want to breed the young St. Bernard. The average life of a St. Bernard is eight years, and one is already five years old and retired from competition. They would like to keep one from the litter to replace the older adult, which would mean five adult dogs for a period of time. Normally puppies will be sold and off the premises before they are ten weeks old. She already has the litter sold and the dog isn't even bred yet. MOTION by Dehn, Seconded by Jovanovich, to close the public hearing. Motion carried on a 5-Yes, 2-Absent (Apel, Pease) vote. 7:46 p.m. Chairperson Squires noted the City Council disagreed with the Commission's recent recommendation to deny a kennel license on Andover Boulevard. He suggested this Permit limit the number of dogs; and if the applicant wishes, they can ask for an amendment to increase that number at some time in the future assuming there are no problems. He also suggested other criteria be established and followed when considering kennel license requests such as the ability to handle dogs, the lot size, proximity of the neighbors, and ownership of the dogs versus commercial boarding of them. In this application, the Commission was comfortable with limiting the number of adult dogs to five, that the applicants had demonstrated an ability to handle dogs, that the ten-acre parcel is of sufficient size for five dogs; that the neighbors are some distance away and should not be adversely affected; and that the dogs will be those of the property owner which usually is not as much of a problem as the commercial boarding operations. Ms. Hiltz - agreed to start with limiting the adult dogs to five. When they can prove themselves and if there is a need to have more, they will corne back for an amendment. The Commission noted many problems can be avoided if they would get to know their neighbors. MOTION by Peek, Seconded by Jovanovich, the attached Resolution be forwarded to the City Council with the recommendation for approval; and adjust all of the underlined phrases to reflect that. In the fourth paragraph, amend that to note that we did receive one letter in opposition to the Special Use Permit. Under the contingency, Number 3, that the number of dogs shall be limited to five. Change Item 4, the granting of this Special Use Permit is contingent on the purchase of the property by the applicant. Motion carried on a 4-Yes, I-Abstain (Dehn, as she is a neighbor), and 2-Absent (Apel, Pease) vote. This will be forwarded to the November 1, 1994, regular City Council meeting. 7:55 p.m. '. . \ '--) " ~ \ Regular Andover Planning and Zoning Commission Minutes - October 11, 1994 Page 5 / PUBLIC HEARING: SPECIAL USE PERMIT - KENNEL LICENSE - 3122 153RD AVENUE NW - LYNNE OLSON AND CHARLES BUCKMAN-ELLIS 7:55 p.m. Mr. Carlberg reviewed the request by Lynne Olson and Charles Buckman-Ellis for a Special Use Permit for a kennel license at 3122 153rd Avenue NW, Lot 2, Block 1, Kadlec Estates. The property is zoned R-l and is 2 1/2 acres in size. He pointed out the applicable ordinances and criteria to be examined. The applicants are seeking permission to keep six dogs as pets to be housed in either the garage or the house. Mr. Carlberg noted he received a phone call from Ed Fields, who expressed an objection to that number of dogs in the residential area. This is a relatively new subdivision with few other homes constructed yet. MOTION by Peek, Seconded by Dehn, to open the public hearing. Motion carried on a 5-Yes, 2-Absent (Apel, Pease) vote. 8:05 p.m. Chairperson Squires read a letter for the record dated October 6, 1994, from Lorraine Malamen, 15167 Round Lake Boulevard NW asking several questions on the request. / Lvnne Olson - stated she and her husband moved to Andover from St. Paul and want to be in compliance. They have four dogs as pets, all either neutered or spade. They are not going to board or breed dogs. They have fenced a little under two acres of their lot, plus the lot is very wooded around the perimeter. The average life expectancy of the Irish Wolfhound is six to eight years. They would like to get a replacement before it dies and would like to get two puppies because they play well with each other. It is better to have two puppies together, and that is why they are asking permission for six pets. For sanitation, they double bag and place it in the trash, which is removed once a week. The Whippets are kept inside the house at all times, where they have a crate to sleep in. The Irish Wolfhound has a large crate which is now in the basement, but will be moved to the garage. They are also planning to build an 8' x 10' dog shelter in the woods for the large dogs. She works away from the home during the day; but her husband is a writer and is home most of the time, so there is no problem with the dogs being unattended. The dogs are allowed to run only on their property in the four-foot fenced area. They are not let loose in the front, but are only on a leash. The dogs are really home-bodies, quiet and not wanting to run. They will bark if someone comes into the yard, but are more likely to lick a burglar than bark! They do bark if another dog comes into the yard, but the barking is not out of control. She also noted the houses that have already been built in the neighborhood. They have done quite a bit of landscaping with berming, trees, and shrubs, to seclude the rest of their property. / Commissioner Putnam stated that area is extremely heavily wooded. Commissioner Dehn asked if the dogs are obedient. Ms. Olson - stated they are. One has gone through obedience training, and the others are very obedient. The Irish Wolfhound was being showed by the people who had her previously. So far the dogs have not been \ J \ \ ) '-- Regular Andover Planning and Zoning Commission Minutes - October 11, 1994 Page 6 (Public Hearing: Special Use Permit, Kennel License, 3122 153rd Avenue NW, Continued) disturbed by the wildlife in the area, but they have only lived there since the end of June. The Whippets are hunters. They hunt small game by site; and when they get excited, they run, not bark. The two puppies will be ready for placement in the home in December. They will be neutered and spade because they do not want to breed dogs. Mr. Buckman-Ellis - stated they would not be asking for a kennel license except for the fact that the number of pets they have is an issue. This is really about pets, not an intent to have a dog kennel in the commercial sense of the word. They are asking for six because of the replacement; they will never want more. He stated it is infinitely better to have two puppies at one time because they are social animals who prefer to be with their friends. MOTION by Peek, Seconded by Dehn, to close the public hearing. Motion carried on a 5-Yes, 2-Absent (Apel, Pease) vote. 8:18 p.m. Using the same criteria applied to the previous permit, the Commission was comfortable with the number of dogs limited to six, that the applicants had demonstrated an ability to handle the dogs, that the lot size was sufficient for six adult dogs as well as screened with , I considerable natural vegetation and fenced, the use should not disturb adjacent neighbors plus the fact that there are few developed lots at this time, and the dogs are owned by the applicants and considered pets, not a commercial operation, are neutered or spade and are better behaved when in pairs. Commissioner Dehn suggested the applicants make an effort to meet their neighbors as they move in and communicate what they are doing to alleviate concerns. Commissioner Jovanovich asked the applicants how they would feel if another neighbor moved in and asked for a Special Use Permit for six dogs. Ms. Olson - stated if they are responsible dog owners, they would not have a problem with it. The Commission also noted the letter from Ms. Malamen was not an objection but a request for information on the kennel license. They suggested Staff sent her a copy of the Minutes to answer those questions. Mr. Carlberg agreed. MOTION by Dehn, Seconded by Putnam, to present the Resolution approving the Special Use Permit request for Lynne Olson and Charles Buckman-Ellis for a kennel license located at 3122 153rd Avenue with the appropriate designation for an approval. In paragraph 4, indicate there was a letter requesting information and Staff received one phone call in opposition. As to the number of dogs in Number 3, it should be limited to six. Eliminate Number 4 in the Resolution. Motion carried on a 5- Yes, 2-Absent (Ape1, Pease) vote. Mr. Buckman-Ellis - stated they just moved here and found the process to be orderly, efficient and fair. He stated they are glad to be here. This will be forwarded to the November 1, 1994, City Council meeting. 8:25 p.m. \ \ ) \ -) Regular Andover Planning and Zoning Commission Minutes - October 11, 1994 Page 7 I OTHER BUSINESS Criteria for Kennel Licenses - The Commission suggested that for future kennel license requests, Staff include the five criteria developed this evening as a part of the Staff report. Mr. Carlberg agreed. Review of City Council Action of October 4 - Mr. Carlberg reviewed the actions of the City Council at its October 4 meeting on the various items forwarded to them by the Planning Commission. MOTION by Putnam, Seconded by Dehn, to adjourn. Motion carried on a 5- Yes, 2-Absent (Apel, Pease) vote. The meeting adjourned at 8:35 p.m. Respectfully sUbm~ ~h0 :.l Recording Secretary I