HomeMy WebLinkAboutMay 8, 1990
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CA..
CITY of ANDOVER
REGULAR PLANNING AND ZONING COMMISSSION MEETING
May 8, 1990 MINUTES
The Regular Bi-Monthly Meeting of the Andover Planning and
zoning Commission Meeting was called to order by Chairperson
Rebecca Pease on May 8, 1990, 7:30 p.m., at the Andover City
Hall, 1685 Crosstown Boulevard N.W., Andover, Minnesota.
Commissioners Present: Bill Coleman, Bev Jovanovich,
Randy Peek, and Wayne Vistad
Commissioners Absent: Ron Ferris and Don Spotts
Others Present: d'Arcy Bosell, City Zoning
Administrator; and Todd Haas,
Assistant City Engineer; and
Ray Sowada, City Tree Inspector
APPROVAL OF MINUTES
MOTION by Peek and seconded by Pease to approve the minutes
of the Planning and Zoning Commision held on April 24, 1990.
VOTE ON MOTION: Yes--Peek and Pease. PRESENT--Coleman,
Jovanovich and Vistad. Motion carried.
PUBLIC HEARING, SPECIAL USE PERMIT, JAY STREET AUTO PARTS DEALERS,
~DVERTISING SIGN AT 13678 Jay Street, N.~.
Bosell reviewed this item with the Commission and stated that
the site on which the sign is requested to be located is owned
by Commerical Auto Parts, although Commerical Auto Parts does
not do business at this location. There is currently a sign
on this parcel which advertises Commercial Auto Parts, and
the request is to remove this sign and erect a new sign advertising
the three auto parts businesses who are a part of the application.
Bosell reviewed a sketch of the proposed sign and it meets
all guidelines established by the City. Bosell stated that
the sign currently located on the premises is becoming somewhat
faded and worn, and a new sign would not detract and may enhance
the scenic views of the surrounding area.
However, this business is a lawfully existing, non-conforming
use of the area; and under Section 4.03 of Ordinance No.8,
an intensification of the non-conforming use is not allowed.
Staff requested Attorney Bill Hawkins review this request
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Regular Planning & Zoning Meeting
Minutes--May 8, 1990
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and a copy of his supporting opinion was reviewed. His opinion
also stated that a new sign would intensify the non-conforming
use and is not allowed under the ordinance.
Both Staff and City Attorney Hawkins stated that the existing
sign may be maintained and repainted with whatever wording
the owners wanted.
PUBLIC HEARING
JOANNE WILBER, WILBER AUTO PARTS, stated she did not see any
difference between installing a new sign or advertising in
the media. She stated it was her feeling that they would
probably just redo the existing sign.
MOTION by Peek and seconded by Jovanovich to close the Public
Hearing. Carried unanimously.
Bosell stated the applicants have been good stewards as far
as the City is concerned. All of their permits are in place,
and they have met the fencing requirements.
MOTION by Vistad and seconded by Jovanovich that the Andover
Planning and Zoning Commission recommend to the Andover City
Council approval of the Special Use Permit requested by Andover
Auto Parts, Commercial Auto Parts and Wilber Auto Parts for
a sign at 13678 N.W. Jay Street, legally described as Lot 1,
Watts Garden Acres. The proposed request, as iti pertains to
Ordinance No.8, Section 5.03, does not pose any threats to
health, safety, morals and general welfare of occupants of
surrounding lands; would not increase parking conditions
difficulty; would not have a negative effect on either the
property values of the surrounding properties nor would it
impair the scenic view of the surrounding area; and is not
contrary to the Comprehensive Plan and is not in conflict
with the overall development of this area.
The existing sign and any other advertising signs that may
be on the property are to be removed.
The Special Use Permit shall be subject to an annual review.
A Public Hearing was held and there was no opposition.
VOTE ON MOTION: Yes--Peek, with comment. No--Jovanovich,
with comment; Vistad, with comment; Coleman, with comment;
Pease, with comment. Motion did not carry.
Jovanovich stated she believed the request intensifies the
non-conformi~g use and agrees with the comments of the City
Attorney.
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Regular Planning & Zoning Meeting
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Vistad stated he thought it was very well worded by the City
Attorney: "under Ordinance No.8, auto salvage yards are
considered non-conforming uses since they are no longer allowed
in the zoning district within which they are located. Section
4.03 deals with the operation of non-conforming uses. Under
Subsection 8 of 4.03, an owner of property or buildings, which
are considered non-conforming may conduct normal maintenance
of the building or other structure related to the non-conforming
use, however, such maintenance must not extend and intensify
the non-conforming use." It is my understanding that this
is definitely changing location and it is a definite increase
of non-conforming use.
Coleman stated that he concurred with Vistad.
Peek stated that since it has been demonstrated that existing
sign could be used and virtually replicate the same thing,
I don't follow the logic that this represents intensification.
I think this would be an improvement to the property, and
improve the situation.
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Pease stated that she thinks this is a true d~l~ma I for the
Planning and Zoning Commission, because there is a good case
for allowing this, but I believe it is up to the City Council
to make that decision. I can see this as that something could
occur with the existing sign, but due to the fact that it
is a non-conforming use for business, it creates the problem.
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This request will go to the City Council on June 5th.
ORDINANCE NO.8 AMENDMENT, PARKING LOT STANDARDS, SECTION 8.08
This is a continuation of a discussion regarding amendments
to the Parking Section 8.08 of Ordinance No.8. 80sell and
Haas reviewed a side-by-side comparison of the existing Andover
Ord1nanc~=~nd draft of a proposed ordinance adapted from the
City of Maple Grove. Staff and Commission made the following
revisions and comments on the draft:
Under (0, 4.) incorporate the language in Andover's current
ordinance, inserting R-l into the first paragraph and change
automobiles to vehicles in the third paragraph.
Under (0, 6.) consider that including the words "across the
street" may make the regulation too extreme.
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Under (E, 1.) eliminate the words "perpendicular design".
Under (E, 3., a.) change forty feet to sixty feet so that
it is in compliance with Ordinance 10.
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Under (E,3., b.) reword to state 24 feet for residential and
30 feet for commercial.
Under (E, 3., e, 2.) address issue of horseshoe drives.
Under (E, 3., e, 5.) eliminate wording "of collector status
or greater" and replace with "unless approved by City Engineer".
Under (E, 4.) make into three paragraphs (a, b, c) or make
a chart.
Under (E, 5.) change heading to include driveway, lots, aisles,
and add wording "and shall not be less than 1%" at the end
of the paragraph. Also, check with HUD to see if it should
be 4% or 5%.
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Under (E, 6., a) make a new paragraph after the words paving
requirement. Change the next sentence to read "may be exempt
from the paving requirement and surface requirement with approval
by the City". Change the next paragraph to read "Except for
single family detached property, plans for surfacing and drainage
of driveways and parking lots shall be submitted to the City
Engineer for his review and the final plan shall be subject
to his written approval".
Under (E, 8.) check with surrounding communities on their
lighting ordinances. Consider retaining Andover's current
regulation and include a standard.
Under (E, 9.) after the words bounded by, insert "poured-in-
place concrete". Insert standards for curbing somplace and
word as "type of curb will be approved by City Engineer".
Under (E, 9., b) combine with (c) to read "Traffic safety
islands shall be required to maintain a safe and orderly flow
of traffic within the parking lot and shall be poured-in-place
concrete as determined by the City Engineer".
Under (F) check with other cities regarding landscaping on
parking lots and perimeters to quantify it as a percent of
budget for construction, a percent of stalls, or a percent
of surface area of parking lot and ground perimeter. Also,
check to make sure draft is not in conflict with Ordinance
No. 78.
Under (F, 1.) define so that it does not include the front.
\ Under (F, 1., a.) redefine the last sentence.
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Under (F, 1., a., 4) reword to read "shall not have a slope
of more than four feet horizontal to one foot vertical".
Under (F, 1., b.) change first sentence to read "A required
screening fence or landscape plan as approved by ARC Committee
shall be constructed of masonry, brick or wood". Also, change
the last two words of the paragraph from "City Council" to
"ARC Committee".
Under (H, 1.) define accessory off-street parking.
Under (H, 3. & 4.) check further regarding residential and
green space.
Under (H, 6.) reword so it is contiguous.
Under (I, 2.) change to read "Two (2) free spaces per unit,
at least one of whidh shall be in an enclosed garage". Clarify
the word "free" and check with other communities on this regulation.
Under (I, 3.) reword to read "One (1) space per each rental
unit plus one (1) additional space for each ten (10) units
, and one (1) additional space for each employee on any shift".
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Under (I, 4.) eliminate the words "At least".
Under (I, 5.) eliminate the words "At least" and insert the
word "maximum" before design capacity.
Under (I, 1. thru 28J put these in alphabetical order.
Under (I, 24.) check with other communities on parking spaces.
Under (I, 28.) replace the word "Subdivision" with the word
"Ordinance".
Under (J) check further on joint facilities.
Under (J, 1., e., 3) eliminate the words "the City Attorney,
shall be filed with the City Clerk and recorded with the Anoka
County Recorder" and replace with the words "all parties".
Under (K, 1.) reword to read "of this Ordinace shall require
a special use permit as regulated by Section 5.03 of this
Ordinance and shall be subject to the conditions listed herein".
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Under (K, 5.) reword to eliminate "one hundred feet" and include
approval by the ARC.
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The next draft of this ordinance will be available for the
next regular meeting.
ORDINANCE NO. 29, TREE ORDINANCE PROPOSED REVISIONS
Ray Sowada, Tree Inspector for the City, reviewed some of
the problems with the current ordinance, including having
to have a new ordinance for each disease. At the present
time he only follows complaints and is not able to enforce
the ordinances properly.
He also spoke of the possibility of the ordinance containing
some reclamation language so that when a developer goes in
and destroys a lot of trees, he is obligated to replace a
certain number of them.
This item was continued until the next meeting to give Sowada
a chance to meet with Jay Blake on proposed language:.
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There being nothing further on the approved agenda, Chairperson
Pease declared the meeting adjourned at 11:42 p.m.
Respectfully submitted,
{l~M!lj /0/ 71&
Cindy M. Nutter .
Recording Secretary
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