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HomeMy WebLinkAboutMarch 5, 1990 o o o ..CA. CITY of ANDOVER PLANNING AND ZONING COMMISSION MEETING MINUTES MARCH 5, 1990 The Regular Meeting of was called to order by 5, 1990 at the Andover Andover, MN. the Andover Planning and Zoning Commission Chairman Pease at 7:34 P.M., Monday, March City Hall, 1685 Crosstown Boulevard N.W., Commissioners Present: Commissioners Absent: Also Present: Ferris, Peek, Sabel, Spotts, Vistad Jovanovich Jay Blake, City Planner; Todd Haas, Assistant City Engineer; d'Arcy Bosell, Zoning Administrator; others Approval of Minutes - February 13, 1990 On Page 4, the 4th paragraph it states that Tracts G & H have structures on the, which is not correct. o MOTION by Ferris, seconded by Peek to approve the minutes of February 13, 1990 as corrected. Ordinance 62, Discussion with Anoka County Sheriff's Department Jay Blake noted that a copy of the revised ordinance was presented tonight. Dick Kangas, Detective with the Anoka County Sheriff's Office explained that he checked the complaints from September, October, and November of 1989 regarding shooting. There were 24 complaints made and most involved shooting in areas where people were concerned about trespassing. The deputies responding to these calls can either enforce the violations by using the city's ordinance or the State Law. One change that Detective Kangas felt was helpful was that the projectile does not carry beyond the property line, rather than it cannot carry beyond the property line. Commissioner Vistad asked how many times a person was hurt in the city by shooting. Detective Kangas was not aware of any cases of injury; there have been cases of vandalism where windows were shot out. o Commissioner Ferris asked if it would be helpful to have a map that shows the areas where shooting is prohibited. Detective Kangas felt that would be very helpful. Commissioner Peek asked how many of the 24 complaints were actually violations of the ordinance. Mr. Kangas stated 85%. u o ~ Regular Planning Commission Meeting March 5, 1990 - Minutes Page 2 (Ordinance 62, Cont.) Mr. Vistad asked Detective Kangas if he felt that deer hunting with a shotgun presents a problem in Andover. Mr. Kangas stated no, as long as the person shooting is 500 feet from a residence and on a 10 acre parcel of land. Mr. Vistad asked what the Sheriff's Office would like the ordinance to say to keep it clear and to the point. Detective Kangas stated that the easiest way is to prohibit shooting in the entire city, but he asked if that is reasonable. He noted that the ordinance should make it understandable where the boundary lines are located. He also noted that the suggested ordinance is workable. Discussion then centered on whether or not we want to have hand guns allowed in the city. Commissioner Spotts asked what other cities have ordinances pro- hibiting hand guns and rifles. Detective Kangas explained that south of Highway 242 any type of gun is prohibited. The northern cities have ordinances similar to this ordinance or just use State Law for enforcement. u Commissioner Sabel asked if most of the hunters are residents of the city. Detective Kangas stated that most are the younger people who live in the city and are not responsible adults. Chairman Pease asked if there is any way of educating the 16 and 17 year old hunters. Detective Kangas felt that the newsletter is a good way and also ask that the parents inform their children about the ordinance. Ms. Bosell also felt that the firearms safety classes would be a good place to inform people. Mr. Blake asked if this item could be tabled until later in the meeting. MOTION by Vistad, seconded by Spotts to table discussion on Ordinance 62 until later in the meeting. Motion carried. o Lot Split, Michael Walker, 1640 - 177th Avenue N.W. d'Arcy Bosell explained that Mr. Walker has submitted a request to split his property into two parcels. One parcel would be 3.81 acres and have a single family residence and a pole building on it and the second parcel would be 5.85 acres and is vacant. The 5.85 acre parcel has some drainage easements to the county. The Anoka County Highway Department has indicated that the drawing is incorrect regarding the right-of-way for Hanson Boulevard. The line should be on the west side of Parcel 14, not the east side as shown. The drawing will need to be corrected. The County also addressed the right-of-way along Hanson Boulevard and has requested that the right-of-way along Parcel B be 60 feet the entire length of the parcel. This 10 feet will not cause any o o , "\ \.J Regular Planning Commission Meeting March 5, 1990 - Minutes Page 3 (Walker Lot Split, Cont.) difficulties to the request and will simply take the jog out of the right-of-way line. Ms. Bosel1 also noted that on the northern edge of Parcel A there is 33 feet of road easement running with 177th Avenue. Approval of the lot split should include the property owner deeding that road easement to the city. Mr. Walker has a business that he operates off that property. As part of that business he has stored various pieces of equipment such as front end loaders, backhoes, dump trucks, etc. We would request that Mr. Walker remove that equipment from the property. In talking with Mr. Walker, he noted that he might have a buyer for his home and that he would be moving off the site along with his equipment. Ms. Bosell stated that staff recommends the lot split be granted subject to park dedication fees on both parcels. Todd Haas explained that the park dedication fees for lot splits have been changed and that the fees will be determined on 10% of the market value of the land. Mr. Walker felt that 10 percent is too high. Mr. Haas noted that State Law requires 10 percent. Mr. Blake also noted that 10 percent of the market value is in line with what other communities require. '~J Mr. Spotts noted that the letter from the County Highway Department indicates that access will be allowed and asked if that means access to Hanson Boulevard. Ms. Bosell stated that is correct. Mr. Ferris asked if there is some way that the structures on the property which are non-conforming can be made to be conforming. Ms. Bosell explained that if the lot split is granted, they will become conforming. Mr. Spotts asked if it is lawful to make approval of the lot split contingent upon the removal of the equipment on the property. Mr. Blake stated yes. Mr. Walker didn't feel that he should give the county 10 feet as well as 33 feet to the city. He noted that he put up a fence and if he gives this property to the county the fence will no longer be on his property. Other concerns Mr. Walker noted were the park dedication fee and having to remove his construction equipment. He stated that until he sells his lot, he has no place to move his equipment. He didn't feel it is fair that in order for him to use his land the way he wants he has to give something in return. ~ Mr. Vistad explained that the Planning Commission has to look at the ordinance and make a recommendation to the City Council. They can make the decision on whether to go with the ordinance or do something different. u u :J Regular Planning Commission Meeting March 5, 1990 - Minutes Page 4 (Walker Lot Split, Cont.) Mr. Ferris disagreed with the taking of the 33 feet. He asked if this is a requirement. Mr. Haas noted that it is a requirement according to Ordinance 10. Mr. Walker stated that the reason the 10 foot jog is there is because when Hanson Boulevard was constructed they could not move the right-of-way 10 feet closer to his house. Regarding the fence, Ms. Bosell noted that it falls within the parameters of the county. By acquiring the property does not mean that Mr. Walker does not own the fence any longer. She also noted that of the two rights-of-way, it will be more important to acquire the one for 177th Avenue. At this time, Chairman Pease opened the public hearing. No one in the audience carne forward with comments. MOTION by Vistad, seconded by Ferris to close the public hearing. Motion carried. ~ Mr. Spotts asked if the park dedication fee would be determined on the whole property including the 10 feet and 33 feet. Ms. Bosell explained that it would be on the property as it now stands. MOTION by Vistad, seconded by Peek that the Andover Planning and Zoning Commission recommend to the City Council approval of the lot split requested by Michael Walker on the property located at 1640 - 177th Avenue N.W., with the following conditions: The two parcels created meet Ordinance 8, Section 6.02 as to width, depth and area; Parcel A consisting of 3.81 acres (including the 33 foot road easement), and Parcel B consisting of 5.85 acres. The lot split will be contingent upon removal of construction equipment from Parcel B and further that it not be stored on Parcel A, pursuant to Ordinance 8, Section 8.01 and 8.02 and Ordinance 40, Section 3(A). A variance be granted for Parcel A pursuant to Ordinance 8, Section 6.02, setback along a major arterial, for the existing structures as non-conforming structures due to the decrease in setbacks caused by the creation of Hanson Boulevard. The hardship was caused by the creation of Hanson Boulevard and not the property owner. This lot split is also subject to park dedication fees as determined by the Park and Recreation Commission and Ordinance No. 10. A public hearing was held and there was no opposition. Approval is also subject to the drawing being corrected to show the correct right-of-way line for Hanson Boulevard. Motion carried unanimously. This will go to the City Council on March 20, 1990. ~~ (Recess 9:12 P.M. - Reconvene 9:25 P.M.) C) (J . '\ "~ Regular Planning Commisson Meeting March 5, 1990 - Minutes Page 5 Special Use Permit - U.S. West NewVector Ms. Bosell reviewed her memo regarding the request of U.S. West NewVector to erect a 200 foot low energy, self-supported, cellular telephone antenna and construct a pre-fabricated 12' x 30' equipment building on Lot 2, Block 1, Westview Industrial Park. The antenna and building will have access by a gravel driveway and the site will be fenced with a 6' chain link fence at the base of the antenna. The antenna is a self-supported tower as opposed to a guyed tower. If it were to fail, it would bend rather than fall. She also noted that if the tower were to fail at the base, it would strike the cabinet shop, the Adcon building and maybe the liquor store. Mr. Ferris noted that the reason people put up guyed towers is because they are less expensive. The proposed tower is much more heavy duty. Because it is a stronger, safer structure, vandalism is not a concern. Mr. Vistad asked how the rest of the property that the tower is on will be maintained. Ms. Bosell noted that U.S. West is only leasing a portion of the property and Adcon will be responsible for the remainder of the lot. r,J Bill Buell, U.S. West, stated that this antenna is built for cellular phone use only. Factors that go into the reason for having it in Andover are marketing, FCC license requirements that a site be in this area, topography, equipment available and how it falls into the cellular grid system. The lease on the property is for 25 years with the option for an additional 25 years. There will be a double fence around the tower. The site will be visited only once or twice a month for equipment checks. Mr. Peek asked what will be in the building. Mr. Buell stated that it will contain electronics and some batteries. Commissioner Ferris asked if they would be leasing space on the tower to others. Steve Terhar, U.S. West, stated they will not as they are in the cellular phone business. The only potential people who would be on the tower would be U.S. West Paging. Mr. Buell explained that these towers are constructed to withstand winds up to 125 miles per hour. Mr. Buell then introduced letters from experts stating that failure is extremely rare with this type of tower. Mr. Blake noted that the City of Minnetrista did a study to see if these towers affect wildlife and found they have no impact. Discussion centered on the impact zone, where the tower would / \ fall. Mr. Buell stated that U.S. West accepts the 80 foot impact V zone. (J u Regular Planning Commission Meeting , \ March 5, 1990- Minutes '-~ Page 6 (U.S. West Special Use Permit, Cont.) Mr. Ferris asked if the tower will be lit and at what frequency it operates. Mr. Terhar noted that there will be two red lights on the tower, one a beam and one an obstruction light. It will operate at 880-894 megahertz. Ms. Sabel asked if safety during construction is an issue. Mr. Terhar noted that it is normal practice before they start that FAA is notified. A special permit is granted from them. They do not do any construction during high winds and before leaving the job site, everything is checked to make sure it is secure. At this time Chairman Pease opened the public hearing. No one was present to offer testimony. MOTION by Spotts, seconded by Vistad to close the public hearing. Motion carried. .~ MOTION by Ferris, seconded by Sabel that the Andover Planning and Zoning Commission recommend to the City Council approval of a Special Use Permit requested by U.S. West NewVector to construct a 200 foot tower for the purpose of cellular communications and U.S. West Paging. Said tower to be located on Lot 2, Block 1, Westview Industrial Park, more specifically, 'The north 75 feet of the east 90 feet, together with an easement for ingress and egress over the northerly 14 feet of the westerly 190 feet and the northerly 19 feet of the easterly 120.42 feet of said Lot 2'. The following restrictions will apply: 1) Construction will begin within 2 years; 2) a set of engineering specifications will be filed with the city engineer prior to construction; 3) a yearly inspection of the tower will be completed by U.S. West and the certificate will be filed with the city; 4) that the purpose of the tower is for conducting cellular communications and paging and that it not be leased for other purposes; 5) an annual inspection will be made to insure compliance with city ordinances; 6) building plans be reviewed and approved by the Andover Review Committee prior to commencement of construction. A public hearing was held and there was no negative input. Granting of this request will not be a detriment to the surround- ing land owners, it will not have a negative effect on the property values or scenic qualities of the surrounding properties, nor will it be contrary to the Comprehensive Plan. Motion carried unanimously. This will go to the City Council on March 20, 1990. ,.- '\ \.J (J : \ ~ :J Regular Planning Commission Meeting March 5, 1990 - Minutes Page 7 Kimberly Oaks Sketch Plan Todd Haas explained that this sketch plan was submitted by Dale Howard. The property is zoned R-1, single family rural with lots being a minimum of 2.5 acres. The Andover Review Committee discussed the possible extension of 166th Avenue north to 167th Avenue. Due to the transmission line and the pipeline on the property, future platting or splitting of the lots will not be reasonable. To of the lots on the sketch plan do not meet the 300 foot width requirement. They would require a 170 foot variance. The Review Commitee wanted more rectangular lots because when sewer and water come in they could be subdivided. As they are shown, they will not be able to be subdivided. There is also a DNR protected wetland on the southwest corner of the property. Mr. Vistad asked if a variance would be required on the lots if the cul-de-sac were extended. mr. Blake stated that the hardship with extending the cul-de-sac is the wetland. Mr. Blake then explained doing a Planned Unit Development where the homes could be clustered. ~ ) Dale Howard stated that at the present time, he has two of the lots sold and he has no desire to pursue a Planned Unit Develop- ment. Mr. Ferris noted that this property is 17 acres with more than half unbuildable. He could not see extending the cul-de-sac just so there would be a 140 foot variance rather than a 170 foot variance. Jay Blake noted that the developer is interested only in doing four lots and he felt that we should just let it go like that; he felt that staff would like to see the lot lines go north and south rather than angle off. This will go to the City Council on March 20, 1990. Ordinance 62, Cont. The concensus of the Commission was to add the word "hand gun" to Section II, 5. Other Business Jay Blake noted that the city is ahead of last year's new home construction. , \ Jay also noted that Theresa Hogan has resigned as the Planning ~-~ Commission and Park Board Secretary. r -., \..J /~ ......, \ I --...-..J ,J Regular Planning Commisson Meeting March 5, 1990 - Minutes Page 8 Mr. Blake noted with regret that Gretchen Sable has resigned from the Planning Commission but has asked that she be allowed to remain on the Comprehensive plan Task Force. MOTION by Sabel, seconded by Spotts to adjourn. Motion carried. Meeting adjourned at 11:40 P.M. Respectfully submitted, 'iL't~ Vicki Volk City Clerk '\ ,-.-J )