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HomeMy WebLinkAboutNovember 9, 1993 o o C) I '\ V (J ~ CITY of ANDOVER PLANNING AND ZONING COMMISSION MEETING - NOVEMBER 9, 1993 MINUTES The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Bonnie Dehn on November 9, 1993, 7:30 p.m. at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Bev Jovanovich, Becky Pease, Randy Peek, Jerry Putnam, Jay Squires Maynard Apel City Planner, David Carlberg Others Commissioners absent: Also present: APPROVAL OF MINUTES October 26, 1993: Page 3, First paragraph, Last sentence, "The ordinance was changed in July, 1983, to reflect the three-acre minimum size requirement for the construction of pole buildings, " MOTION by Peek, Seconded by Jovanovich, approval of the October 26 Minutes as amended. Motion carried on a 6-Yes, 1-Absent (Apel) vote. VARIANCE CONTINUED: ACREAGE REQUIREMENT AND EXTERIOR FINISH FOR POLE BUILDING - 16551 FLINTWOOD STREET NW, LARRY CARLSON Mr. Carlberg recommended the item be tabled. The applicant met with the Building Official last Friday, and he wanted time to consider his options. Mr. Carlberg recommended the item be tabled to the November 23 meeting. MOTION by Peek, Seconded by Putnam, to table the variance request as suggested by Staff. Motion carried on a 6-Yes, 1-Absent (Apel) vote. PUBLIC HEARING: SPECIAL USE PERMIT - HOME OCCUPATION IN AN ACCESSORY STRUCTURE, 17528 FLINTWOOD STREET NW, TIM DUGAS 7:35 P.M. Mr. Carlberg reviewed the request of Tim Dugas for a Special Use Permit to operate a cabinet making business as a home occupation to be conducted in an accessory structure at 17528 Flintwood Street NW, which is a five-acre parcel. He also reviewed the applicable ordinances, noting the only concern of the Staff is the noise factor in a residential area. A similar use was approved in April, 1993, for a molding operation. Based on that, Staff is recommending approval. There was some discussion on Ordinance 8, Section 4.30 which defines home occupation uses. Commissioner Squires was uncomfortable with the catch-all phrase, "and similar uses" under which this use is being (J u Regular Andover Planning and Zoning Commission Meeting Minutes - November 9, 1993 Page 2 , ) (Public Hearing: Special Use Permit, 17528 Flintwood, Continued) categorized. If these types of uses are considered acceptable uses for home occupations, and he felt they were, then the ordinance should be amended to specifically include them. He thought Coon Rapids had a provision that specifically allowed these types of uses and suggested that be researched. Mr. Carlberg stated the Planning Commission has been directed to look at the Home Occupation Ordinance, and this can be specifically reviewed at that time. The hearing was opened for public testimony. " , / Tim Duqas, 17528 Flintwood Street - stated he will be the sole employee initially. At some point it may be necessary to hire one more person, but that would be the maximum to eliminate a lot of traffic. The structure will be insulated and the doors and windows kept closed to minimize the noise. He does not use much loud machinery. Mr. Dugas stated he petitioned the neighbors around him, all who signed a waiver saying they understand and agree with what he is proposing. He presented that petition to the Commission. Mr. Dugas also explained the location of his house and accessory building in relation to the other homes in the neighborhood. The closest home is more than 300 feet away. He plans to work only during the day time hours, and most neighbors are not home at that time. He agreed with the 8 a.m. to 4:30 p.m., Monday through Friday, hours of operation. Mr. Dugas also explained there will be very little traffic, as he will be picking up materials and delivering product himself. There would be no on-site sales. If there would be any traffic, it would come from CoRd 58 to the north and would pass only two other houses before his place. The addition to his accessory structure for this business would be 800 square feet, and the existing wall would be the partition between the business and the personal storage building. It will be heated with natural gas. He plans on using nonflammable pastes and glues. The Commission questioned whether the accessory building meets the 30- foot sideyard setback, as that is not mentioned in the proposed resolution. Mr. Carlberg stated the setback requirements are met, and that should be added to the fourth condition. The following changes to the prepared resolution were agreed to: Item 4, "...lOO-foot front yard setback, a 50-foot rear yard setback, and a 30-foot side yard setback or as required in Section 6.02." Item 13, "The hours of operation shall be between 8 a.m. to 4:30 p.m., Monday through Friday." There being no further public testimony, Chairperson Dehn asked for a motion to close the public hearing. MOTION by Pease, Seconded by Jovanovich, to so move. Motion carried on a 6-Yes, l-Absent (Apel) vote. , ) MOTION by Squires, Seconded by Jovanovich, that the request be recommended for approval to the City Council under the phrase, "similar uses" as similar to repair services, with the noted changes. Motion carried on a 6-Yes, l-Absent (Apel) vote. The item will be placed on the December 7, 1993, City Council agenda. 7:52 p.m. ,-.J ( \ U Regular Andover Planning and Zoning Commission Meeting Minutes - November 9, 1993 \ Page 3 ) PUBLIC HEARING: LOT SPLIT, 101 157TH AVENUE NW, SECTION 13, STEVE HUGHES 7:52 P.M. Mr. Carlberg reviewed the request of Steve Hughes to subdivide an 8.2-acre parcel into two parcels of 4.26 and 3.94 acres. No structures exist on the property and all applicable ordinance requirements are met. Staff recommends approval with the conditions of paying $400 park dedication fee for each parcel and a one-year sunset clause as defined in Ordinance No. 40. The hearing was opened for public testimony. Mr. Carlberg noted the metes and bounds description is taken from the center line of 157th, which is an upgraded MSA street. It is all high, dry buildable area, so there should be no problem meeting the 39,000 square-foot requirement. MOTION by Peek, Seconded by Putnam, to close the public hearing. Motion carried on a 6-Yes, 1-Absent (Apel) vote. MOTION by Peek, Seconded by Jovanovich, that the Planning and Zoning Commission forward to the City Council the attached Staff prepared Resolution for a lot split at 101 157th Avenue NW with the recommendation for approval. Motion carried on a 6-Yes, 1-Absent (Apel) vote. This will be placed on the December 7, 1993, City Council agenda. 8:05 p.m. \ '- ) DISCUSSION CONTINUED - KEEPING OF POT BELLIED PIGS Mr. Carlberg reviewed his research on pot bellied pigs from the Minnesota Board of Animal Health, Swine Division, and from Dr. Hotaling, Andover Pet Center, who is considered somewhat of an expert on them. There is only one type of pot bellied pig, and that is the Vietnamese Pot Bellied Pig that weighs up to 30 to 50 pounds and can live for up to 30 to 40 years. Crossbreeds can get as large as 200 pounds. They can be very aggressive if not neutered or spade. They are very clean animals, and the chances of disease are probably less than with a cat or dog if there is just one pig in the home. Mr. Carlberg stated there are few regulations on them in Minnesotar though it was a fad on the west coast for several years. Because they live so long, the problem has become what to do with them when the owner no longer wants them. In California, adoption clinics have been set up so other people could adopt them. The question is whether Andover wants to treat them as pets and write an ordinance specifically for them, or wants to treat them as swine and allow them on five-acres or more per the current ordinance. ) After some discussion, the Commission generally did not want to write an ordinance specifically for pot bellied pigs as pets, feeling it would be difficult to enforce. Because there are definite drawbacks and concerns of housing the larger pigs in the urban area, and given the fact that the State does not differentiate between pot bellied pigs and other swine, it was felt the existing regulations are sufficient. Mr. Carlberg stated he is getting more information on the different types of pot bellied pigs, which he will provide to the Commission. For now, the ordinance will remain as is, that is all pigs are defined as swine and only allowed in the R-1 areas on five acres or more. <) f '\ U Regular Andover Planning and Zoning Commission Meeting Minutes - November 9, 1993 Page 4 :J The Commission recessed at 8:23; reconvened at 8:30 p.m. DISCUSSION - EXTERNALITIES Mr. Carlberg briefed the Commission on the Council directive to discuss the issue of externalities and how to address them as the City develops. Councilmember Jacobson has also written a memo on his concerns on hidden increased expenditures as a result of approving new plats or businesses. Some of the items have been addressed in the Comprehensive Plan, such as the traffic and open spaces. Police and fire protection must be considered. The school district has a responsibility to plan on growth; environmental issues are addressed by several agencies already. The Commission is to discuss the issues, then meet with the City Council to discuss them. , ) Commissioner Squires felt most of this comes to the issue of providing for the services as the demand grows. It is an impact fee question, which the courts have said cannot be imposed except for parks. Mr. Carlberg agreed, noting the disparity between what the City has been given for MUSA expansion versus the southern suburbs such as Lakeville. He will contact the City of Lakeville to learn how they have handled some of these issues. Andover is in the position now that if it does not receive additional MUSA expansion, the City will stop growing after next year. Mayor Jack McKelvey responded to the items listed in Councilmember Jacobson's memo on potential externalities. He stated he would not like to see the growth stop in Andover, as then the City will die. Regarding traffic, all of the developments access onto county roads, which is paid for through county taxes, not individual assessments. He felt there are enough agencies involved in the developments with regard to the environmental concerns that the City does not need to be involved just to add another layer of bureaucracy. Sewage costs remain the same no matter how many people are on the system. Right now the City needs 600 acres to develop in order to pay for the trunk sewer already in the ground. If the school district builds the middle school north of City Hall, they have already agreed to pay for half of the cost of running the trunk line to that facility. The Mayor also noted that 28 percent of the City's budget goes for police protection, which is considerably less than for those cities with their own department. The City of Ramsey is considering going back to the county Sheriff's Department for protection because their own department has become so costly to operate. He stated they are looking at other options, including forming a joint police department with another city to save costs. Also, the Fire Department has reduced its budget this year because of the way they are responding to fire calls; ., and that will be reduced even further once the new fire station is built ,~) on the east side of town. He is also being told by the school district that expansion is needed in Andover to keep the school system going. Businesses are also looking to Andover to locater which provides a greater tax base for the City, which in turn helps pay for the costs of " ) \ '._) Regular Andover Planning and Zoning Commission Meeting Minutes - November 9, 1993 \, Page 5 ) (Discussion - Externalities, Continued) police and fire protection. He also felt the Comprehensive Plan provides for plenty of green space within the City with the parks, 2 1/2-acre or larger lots in the rural area, etc. He did feel the City has more parks than it needs in which there are no funds to develop or maintain. The Park and Recreation Commission has been taking cash in lieu of land for parks. If development stops, they will be receiving less cash. A trail system is also being talked about, plus the nature park of Kelsey Park. Mayor McKelvey also noted that the increased number of streets is not the only expense to the City. Equipment replacement is an expense that is incurred whether there is development or not; and the additional development provides the income necessary for those types of costs. He also elaborated somewhat on the problems with the Metropolitan Council regarding expansion. Also, the City has no control over the transportation issue, though there may be some hope if light rail transit is ever developed. The Mayor felt the development of 400 to 500 homes a year is about all the City can handle. Because of the policies at the Metropolitan Council, he did not foresee ever developing any faster than that. He didn't think the City was developing too fast, again stating the development is needed. \, / Chairperson Dehn stated Councilmember Jacobson's letter didn't include agricultural areas for consideration, and there is a vast amount in Andover. This is a viable concern for the people who farm. Commissioner Putnam felt the City has an advantage over others with regard to open spaces because of the large amount of wetlands that are undevelopable. That will preserve the green spaces, and there are controls in place. Councilmember Don Jacobson just arrived at the meeting and expressed his concerns about the externalities as the City is growing so fast. He felt the externalities have been overlooked as the plats have been approved. His purpose for the memo was to begin discussion on the issue, address them, and propose recommendations on what can be done or possibly that nothing should be done. For example, if the school bond issue last week had passed, it would be an additional tax burden to all residents in Andover. That is not thought about when approving plats. Generally speaking, environmental assessment worksheets are not required, with that area left to other agencies. He didn't know if that is sufficient or whether the City should also be involved. The City doesn't look at the traffic that will be generated by the new plats. Councilmember Jacobson stated he isn't opposed to development, but he wants to be sure the City is addressing all of the issues and is carefully managing them. He suggested the Planning Commission discuss the concerns, and maybe there are more than what he has listed in his memo, make recommendations to the City Council as to possible changes to " . J the Zoning Ordinance or whatever needs to be done to handle the additional impact to the City. Possibly a hearing should be held for public input. Again, he didn't have the answers but felt these things should be addressed. '- Regular Andover Planning and Zoning Commission Meeting Minutes - November 9, 1993 " Page 6 (Discussion - Externalities, Continued) There was a brief discussion with Councilmember Jacobson regarding personal opinions on the growth of the City, concerns with some of the items listed in the memo, and on how to proceed. Commissioner Putnam stated he has been involved in some of this with other cities, and he felt other communities will be addressing the impact of their growth and development on the various areas that were noted tonight and on the impact to the surrounding communities. He felt there will be more interaction between communi ties. It is a very, very large topic. Commissioner Squires stated it is a question of whether the City wants to be pro-active or reactive. Many of these issues should be addressed; but on the other hand, he was concerned about over-regulation. Does the City want to add another layer of bureaucracy in the wetlands area? He questioned the need for the City to require an EAW on every plat. He did agree, however, that some of the items have not been addressed. Councilmernber Jacobson didn't know if something needs to be done for all of the items mentioned in the memo. He just raised the question to start the dialogue and to then corne back with a recommendation, even if that recommendation is to do nothing. Mayor McKelvey stated the planning items are also being addressed by the North Metro Mayors' Association, of which Andover is a member. It is a coordinating group to look at the entire area and how the cities are affected by what the others do and by legislative action. \ / The Commission agreed to continue the discussion on externalities at future meetings. They asked that Mr. Carlberg research what is being done in other communities. There being no further business, Chairperson Dehn declared the meeting adjourned at 9:29 p.m. Respectfully submitted, 1~~~~l Recording Secretary