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HomeMy WebLinkAboutSeptember 22, 1992 o o o .r;\ CITY of ANDOVER PLANNING AND ZONING COMMISSION MEETING - SEPTEMBER 22, 1992 MINUTES The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Bonnie Dehn on September 22, 1992, 7:30 p.m. at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Maynard Apel, Steve Jonakr Bev Jovanovichr Becky Pease, Randy Peek Marc McMullen City Planner, David Carlberg Others Commissioners absent: Also present: APPROVAL OF MINUTES September 8, 1992, Special Meeting: Correct as written. September 8, 1992, Regular Meeting: Correct as written. o MOTION by Peek, Seconded by Apel, approval of the Special Meeting Minutes of the September 8 meeting. Motion carried on a 6-Yes, I-Absent (McMullen) vote. MOTION by Peek, Seconded by Pease, approval of the Regular September 8 Meeting Minutes as presented. Motion carried on a 6- Yes, I-Absent (McMullen) vote. PUBLIC HEARING: AMENDMENT TO ORDINANCE NO.8, SECTION 4.21, FENCING - DISALLOW ELECTRIC AND BARBWIRE FENCING IN DEVELOPED AREAS 7:33 p.m. Chairperson Dehn opened the public hearing. The Commission questioned whether the amendment as written would exclude horse areas in residential areas. Because horses are not allowed on lots smaller than 2.5 acres, the following wording was agreed to for Item E: (E) Barbed wire and electric fences shall not be permitted in residential areas of 2.5 acres or less. A sixty (60) day amortization period shall be established for non-conforming fences. The Commission also agreed to the following change in Item C, "...shall be removed or repaired by the owner upon action of the Andover City Council." o Mr. Carlberg explained most people call the City Hall about the fencing requirements, and they are told of the regulations. It was his opinion that this amendment does not impact the 20-acre parcel that may have an electric fence around it but is adjacent to a lot of less than 2.5 acres. The purpose of the amendment is to keep the barbwire and electric fences out of the urban area. CJ ! '\ V :J Planning and Zoning Commission Meeting Minutes - September 22, 1992 Page 2 (Public Hearing: Amendment, Ordinance 8, 4.21, Fencing, Continued) In discussing the last sentence of Item E, the question was raised as to whether or not the City will enforce the 60-day amortization schedule. Mr. Carlberg didn't think there are a lot of fences on less than 2.5- acre lots. The Commission agreed it should be a Council decision as to whether or not that is to be enforced. There was no public testimony. MOTION by Apel, Seconded by Jovanovich, to close the public hearing. Motion carried on a 6-Yes, I-Absent (MCMullen) vote. MOTION by Apel, Seconded by Jovanovich, that we send this ordinance amendment to the City Council with the changes as indicated for their approval. A public hearing was held and no one showed up. Motion carried on a 6-Yes, I-Absent (McMullen) vote. 7:45 p.m. PUBLIC HEARING: AMENDMENT TO ORDINANCE NO. 10, SECTION 4, DEFINITIONS - DEFINE THE TERM BUILDABLE ~~ 7:45 p.m. Mr. Carlberg explained the definition is being added due to recent lawsuits involving the City. The proposed amendment is to clarify the City's interpretation of buildable. In the non-sewered area, the interpretation will be that all 39,000 square feet will be required to sustain the building of a house. That is the interpretation the Staff has always used. Chairperson Dehn opened the hearing for public testimony. There was none. There was some concern on the part of the Commission as to alternative building methods or other things that can be done from an engineering standpoint rather than to remove all the peat from the site. Does this ordinance mean the lot is unbuildable and other engineering proposals not permissible? Mr. Carlberg stated the intent is that all marginal soils and peat would have to be removed before it can be declared buildable. If alternative methods become available, he under- stood some changes would have to be made in the ordinance to allow it. MOTION by Jovanovich, Seconded by Pease, to close the public hearing. Motion carried on a 6-Yes, I-Absent (MCMullen) vote. "J MOTION by Apel, Seconded by Jovanovich, that we send this to the City Council with our recommendation that they approve the change in order to clarify the situation at this point in time. There was a public hearing, and no one was opposed. DISCUSSION: Chairperson Dehn realized a definition is needed for buildability. At the same time, perhaps more time and effort should be expended looking at the term and include some type of futuristic clause. Commissioner Apel asked that the Council be made aware of the Commission's discussion. VOTE ON MOT ION: ABSENT-McMullen. YES-Dehn, Apel, Motion carried. Pease, Jovanovich; NO-Jonak, Peek; 7:57 p.m. , \ '-J . \ \.....-1 Planning and Zoning Commission Meeting Minutes - September 22, 1992 Page 3 "~ SKETCH PLAN - ECHO RIDGE Mr. Carlberg reviewed the proposed sketch plan of Echo Ridge as requested by Tony Emmerich located east of Jay Street in the southeastern portion of the City. The comments of the Andover Review Committee were summarized, noting 55 urban lots are being proposed located within two different zoning districts. One issue is the two cul-de-sacs at the north end of the sketch plan which could be connected very easily. The developer feels that these lots on cul-de-sacs will be much easier to sell, plus that layout minimizes the number of lots having backyards onto the proposed Commercial Boulevard. The cul-de-sacs meet the legal requirements. A decision has not yet been made as to whether or not the southern portion of Jay Street along the residential area will be connected to the north portion and the proposed Commercial Boulevard. Staff would like to see them completely severed. The City has not yet received the appraisals for the alternative alignments for Commercial Boulevard, so the alignment has not yet been determined. . \ i , / The Commission discussion was a preference for leaving the northern cul- de-sacs as proposed to reduce the number of lots backing onto the proposed Commercial Boulevard. With the cul-de-sacs, the lots are larger and more aesthetically valuable. They also suggested the possibility of a buffer to reduce the impact of the road on the lots, such as a berm, screening, etc. Tony Emmerich, Developer - stated he is in favor of not running Jay Street through to Commercial Boulevard as that would greatly impact the lots along Jay Street. The lots abutting Commercial Boulevard would be ten feet deeper. with the cul-de-sacs and the larger lots, only two homes would be facing the direction onto Commercial Boulevard. He felt Commercial Boulevard will provide a good buffer between the businesses and the residential area. The Commission felt the City needs to consider a buffer between the residential developments and Commercial Boulevard. A possibility would be to construct a berm on half of the additional ten-foot depth of the residential lots, with the other half to be on the road easement. City Council review of the sketch plan is scheduled for October 6. OTHER BUSINESS Mr. Carlberg reported the City Council has suggested they hold a joint meeting with the Planning Commission and the Economic Development Commission plus the owners of the auto salvage yards to discuss the idea of allowing commercial buildings in those uses if the size of the yards '. ) , '\ \. j I "'-.J' Planning and Zoning Commission Meeting Minutes - September 22, 1992 Page 4 '. ) (Other Business, Continued) are reduced. The owners have collectively agreed to several things, including a reduction in the number of acres of storage and to work on the fronts of their businesses to make them more aesthetically pleasing. The Commission suggested the City Attorney give an opinion on the question of whether or not the City can allow the construction of commercial buildings as long as the uses are non-conforming. It was agreed that the joint meeting, which will be hosted by the City Council, be held on Tuesday, October 13, 7:30 p.m. The intent would be to hold the regular Planning and zoning Commission meeting at 8:30 p.m. Mr. Carlberg reported the 90-day review period has begun for the City's Comprehensive Plan. There being no further business, Chairperson Dehn declared the meeting adjourned at 8:27 p.m. Respectfully submitted, ) ~~~a~~ Recording Secretary \ )