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HomeMy WebLinkAboutDecember 8, 1992 o o o o o (}\ CITY of ANDOVER PLANNING AND ZONING COMMISSION MEETING - DECEMBER 8, 1992 MINUTES The Regular Bi-Monthly Meeting of the Andover Planning and zoning Commission was called to order by Chairperson Bonnie Dehn on December 8, 1992, 7:30 p.m. at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Commissioners absent: Also present: Steve Jonak, Becky Pease, Randy Peek Maynard Apel, Bev Jovanovich, Marc McMullen City Planner, David Carlberg Others APPROVAL OF MINUTES November 24, 1992: Correct as written. MOTION by Peek, Seconded by Jonak, approval Motion carried on a 3-Yes, I-Present Jovanovich, McMullen) vote. of the Minutes as presented. (Pease), 3-Absent (Apel, PUBLIC HEARING: LOT SPLIT, 165XX MAKAH STREET NW, RAINTREE REALTY, INC. 7:31 p.m. Mr. Carlberg reviewed the request of Raintree Realty, Inc., to subdivide a five-acre parcel into two 2 Ij2-acre parcels. Each parcel would have access onto Makah Street. The Building Department will determine the addresses. Mr. Carlberg also stated the five-acre parcel to the west will access onto CoRd 7; however, that is not a part of this request. Staff recommends approval, advising that park dedication fees be set in the amount of $400 for each parcel. All ordinance requirements will be met. Chairperson Dehn opened the hearing for public testimony. none. There was MOTION by Peek, Seconded by Jonak, that the public hearing be closed. Motion carried on a 4-Yes, 3-Absent (Apel, Jovanovich, McMullen) vote. MOTION by Peek, Seconded by Pease, that the Planning and Zoning Commission recommend forwarding the presented resolution to the City Council for approval with the following adjustments: In the fifth paragraph, the last line, "and variance as requested" be stricken; in the last paragraph, the third line, "and variance" be stricken. Motion carried on a 4-Yes, 3-Absent (Apel, Jovanovich, McMullen) vote. 7:40 p.m. u (~ _1-- -" "-) Andover Planning and Zoning Commission Meeting Minutes - December 8, 1992 Page 2 PUBLIC HEARING: AMENDED SPECIAL USE PERMIT - ADDITION TO CHURCH, 16045 NIGHTINGALE STREET NW, FAMILY OF CHRIST LUTHERAN CHURCH 7:40 p.m. Mr. Carlberg reviewed the request by the Family of Christ Lutheran Church to construct an addition to the church. All ordinance requirements and criteria will be met, and it does not appear the proposal will have a detrimental effect. Staff is recommending approval subject to an annual review, a sunset clause unless renewal is granted by the City Council, and site approval of a site plan. Chairperson Dehn opened the hearing. There was no public testimony. MOTION by Peek, Seconded by Pease, to close the public hearing. Motion carried on a 4-Yes, 3-Absent (Apel, Jovanovich, McMullen) vote. MOTION by Pease, Seconded by Peek, to forward to the City Council with the recommendation of approval from the Planning and Zoning Commission the resolution that we were given, specifically with the clauses at the bottom, the sunset clauses, annual review, and those types of things to be included. Motion carried on a 4-Yes, 3-Absent t(Apel, Jovanovich, McMullen) vote. 7:44 p.m. .',\ (~ VARIANCE - ADDITION TO GARAGE ENCROACHING INTO REQUIRED SIDE AND FRONT YARD SETBACKS, 13364 GLADIOLA STREET NW, DAVID A. METZ Mr. Carlberg explained David Metz has asked to be allowed to construct an attached garage which would be within 4 feet of the side yard of the property and 22 feet from the front property line. The ordinance requires a minimum of 6 feet at the side yard and 35 feet in front; however, the front setback can be such to maintain the uniformity of existing structures. To the south, the front setback is 33 feet; to the north it is 25 feet. Staff recommends the applicant try to work the placement of the garage to meet the setback requirements, especially on the side yard. There is a six-foot drainage and utility easement which would have to be vacated if the building is allowed to encroach on it. If the building is reduced two feet on the side and setback a minimum of 25 feet from the front, no variance would be needed. In discussing the request, the Commission was not comfortable with encroaching in the drainage and utility easement. They also felt a larger sideyard setback is needed for potential access to the lake. They recommended the applicant work with the Staff to construct the building such that it meets the setback requirements. David Metz - stated he would work with the City on this. r " ,-...J MOTION by Jonak, Seconded by Peek, that we recommend denial for the variance on the grounds that there is no good reason for the encroachment into the side yard setback. We do recommend maintaining the six-foot side yard setback and that the building be reduced to maintain the uniformity with existing structures on the front yard setback. Motion carried on a 4-Yes, 3-Absent (Apel, Jovanovich, McMullen) vote. , \ \J \ \J Andover Planning and Zoning Commission Meeting Minutes - December 8, 1992 '\ Page 3 ) DISCUSSION - ATV/SNOWMOBILE ORDINANCE Mr. Carlberg reviewed the research regarding the regulations and operations of all-terrain vehicles in other cities of Anoka County. Jerry Barber, 14443 Raven Street - explained that Andover is below the agriculture zone designated by the State; therefore, ATV's could not be driven on any State or county roads between April 1 and August 1. The State also regulates who can and cannot ride in the ditches. He also noted a handout from the various ATV organizations as to what they stand for. They are not out to do destruction to property. If there is a problem, they are available to take care of it. Harold Sullivan, 15300 prairie Road - stated the authorities feel Andover's ordinance are not strong enough in defining noise pollution. He noted the problem of both snowmobiles and dirt bikes and their infringement on his life style. He felt noise is the biggest objection to allowing the ATV's. \ ) Serqeant Campbell, Anoka County Sheriff's Department stated the problem with snowmobiles on Round Lake has been excessive speed. That seems to be less of a problem as the speed trials have been moved to more northern lakes. He felt Mr. Sullivan had a legitimate point. Dirt bikes are a problem in Andover, but they don't have many complaints on ATV's or snowmobiles. He presumed if ATV's were allowed, they would receive more complaints on them. Kari Richner, 17750 Uplander - sympathized with the noise problem raised by Mr. Sullivan. She lives on the back of 58, and there is noise there too. She doesn't ride past 9 or 10 at night or try to make noise with her machine like she knows snowmobilers do. She suggested putting a restriction in the ordinance that they cannot ride after 10 o'clock at night. But she didn't know what a happy medium would be for the noise issue, questioning how to tell thousands of snowmobiles and four- wheelers that they can't ride because it interferes with another's lifestyle. A representative of the Anoka County Director of ATV's stated Mr. Sullivan has a point. But in the last few years, the DNR has required spark arresters for dealing with dry grasses and fields. Each year they have lowered the decibels on the ATV's and snowmobiles. Mr. Barber - stated they are asking for permission to ride in the northern portion of the City only such as north of CoRd 20. Last time it was brought up that the ordinance might be written to allow only Andover residents to ride ATV's or riding with an Andover resident. He thought that was a good idea. '\ Serqeant Campbell - thought it was a good idea in theory, but advised ~./ seeking legal counsel on the matter. One of the problems in the past is that dealerships would tell buyers to go up to Andover to ride their ATV's. After issuing many tags over one or two yearsr the problem was resolved. (j c..J Andover Planning and Zoning Commission Meeting Minutes - December 8, 1992 ,.) Page 4 (Discussion - ATV/Snowmobile Ordinance, Continued) Mr. Barber - wanted no more rights than the snowmobilers. He suggested they talk to the dealerships in the geographic area about riding in Andover. They would like to ride in the northern portion of Andover to access Oak Grove or Sherburne County, to places where they can ride. Mrs. Richner - stated they have to trailer their ATV two blocks to be able to ride because it is illegal to ride in Andover. Commissioner Peek did not support relaxing the ordinance for ATV's but did support being more restrictive on snowmobiles, especially in the southern portion of the City. Commissioner Jonak felt it is inevitable that snowmobiles will have more restrictions. He felt ATV's tear up the ground in this kind of weather. With the possibility of further restrictions on snowmobiles, he couldn't see being less restrictive on ATV's. Chairperson Dehn understood the desire to ride ATV's, but also saw the damage caused in boulevards, yards that go to the road, etc. She also sympathized with the noise issue raised by Mr. Sullivan. :) Residents present stated they did not initiate the discussion to place more restrictions on snowmobilers. There is talk of more restrictions and the damage they cause, but nothing is being done. They just want a few privileges that snowmobilers have and have a legal riding area in the City. MOTION by Peek, Seconded by Pease, that the Planning and Commission recommends no change regarding ATV's in the ATV/Snowmobile Ordinance; however, it strongly recommends greater restrictions on snowmobile usage within the City. carried on a 4-Yes, 3-Absent (Apel, Jovanovich, McMullen) vote. zoning current creating Motion OTHER BUSINESS Towing Service/Impound Lot in Industrial Area - Mr. Carlberg explained the Council has asked the Planning Commission to consider allowing the operation of a towing service in the Industrial Area. Lund's Towing Service has been operating at Eddie's Auto Body, Bunker Lake Boulevard, for a year. The use is not permitted under the ordinance, and Council thinking in the past has been to not allow any more automobile related uses in the City. Others who have inquired about opening a towing company have been told no. :J Robert Lund, 1329 Ouinn - stated he has been towing for the Sheriff's Department in Andover for accidents. Cars are only there until the insurance company adjusts them, and then they go to other body shops. The number of cars at anyone time is not more than 25. He does not buy or sell junk. He also provides 24-hour service for starting cars in Andover. He has been operating as a business for a year. Since the area is fenced and closely related to the other uses in the area, he thought it was permitted. \ . / , o Andover Planning and Zoning Commission Meeting Minutes - December 8, 1992 Page 5 , ) (Other Business, Continued) The Commission noted it is not a permitted use at this time. Commissioner Jonak felt this use could be allowed in the Industrial area by Special Use so the size and some other things can be controlled. As long as the size is controlled, he did not have a problem with the number of towing/impound lots in the Industrial area. They would look better than the auto body shops if guidelines are established. There could be no selling of parts. Commissioner Peek felt the City should have control over how long the cars will be in the yard. Mr. Lund - stated 90 percent are dealt with by insurance companies. They are responsible for the car. If he picks up snowbirds on the highway, he sells them to a junkyard if they are not claimed within 30 days. Mr. Carlberg was asked to research what controls other cities have on towing and impound lots and to schedule a public hearing on the issue for the first meeting in January, 1993. ') / Commissioner Terms - Mr. Carlberg stated the terms of Commissioners Peek, Jovanovich, and Pease expire on December 31. If they wish to be reappointed, he asked that they make their request in writing. The Commission recommended Mr. Carlberg check with the Council as to whether they wish to reappoint existing Commissioners or to advertise for and interview other applicants. There being no further business, Chairperson Dehn declared the meeting adjourned at 9:00 p.m. Respectfully submitted, ~~c;~~ Recording Secretary '\ j