HomeMy WebLinkAboutAugust 14, 1990
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CITY of ANDOVER
REGULAR PLANNING AND ZONING COMMISSION MEETING
August 14, 1990 MINUTES
The Regular Bi-Monthly Meeting of the Andover Planning and
Zoning Commission was called to order by Chairperson Rebecca
Pease on August 14, 1990, 7:31 p.m., at the Andover City Hall,
1685 Crosstown Boulevard, N.W., Andover, Minnesota.
Commissioners Present: Bill Coleman, Steve Janak, Bev Jovanovich,
RandalPeeki and Wayne Vistad
Commissioners Absent: Ron Ferris
Others Present: d'Arcy Bosell, City Zoning Administrator;
Todd Haas, Assistant City Engineer; and
John Bills, Chairman, Equestrian Council
REVIEW AND APPROVAL OF MINUTES
The Commission reviewed the minutes of the Planning and Zoning
Commission held on July 24, 1990.
MOTION by Coleman and seconded by Jonak to approve the Minutes
of the July 24,1990 Meeting. Motion carried unanimously.
1445X N.W. ROUND LAKE BOULEVARD, WOODLAND CREEK SPECIAL USE
PERMIT: AREA IDENTIFICATION SIGN--PUBLIC HEARING
This is a request for a Special Use Permit for Woodland Creek
Golf Course to erect an area identification sign for the purpose
of directing the public to the golf course, which is located
east of Round Lake Boulevard on South Coon Creek Drive.
Bosell reviewed the request with the Commission and stated
the request meets the criteria set forth in Ordinance No.8,
Sections 3.02, 7.03 and 8.07. She also stated that a maintenance
agreement needs to be drawn up for review by the City Attorney
to govern maintenance of the sign and sign area as to mowing,
visual quality, etc.
The City received inquiries from two residents concerned about
the lecatioh7 of the sign when trying to turn onto Round
Lake Boulevard. Bosell stated that both parties seemed satisfied
that the sign would not pose a hazard to visibility after
their questions were answered.
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Planning & Zoning Commission Minutes
August 14, 1990
Page -2-
PUBLIC HEARING
At this time the Public Hearing portion of the meeting was
opened. There were no other comments.
MOTION by Vistad and seconded by Coleman to close the Public
Hearing. Motion carried unanimously.
It was requested that the height of the sign be included the
maintenance agreement drawn up by the City Attorney.
MOTION by Vistad and seconded by Peek that the Andover Planning
and Zoning Commission recommend to the City Council approval of
the Special Use permit by Woodland Creek Golf Course and
A. R. Bullick to erect an area identification sign on the
property located at approximately 1445X N.W. Round Lake
Boulevard, Outlot A, Branson's Lakeview Estates, for the purpose
of directing the public to the golf course, which is located east
of Round Lake Boulevard on South Coon Creek Drive.
The proposed use will not be detrimental to the health, safety
and general welfare of the community. It will not cause serious
traffic congestions or hazards. It will not seriously depreciate
surrounding property values, and it is in harmony with the
general purpose and intent of the Zoning Ordinance and
Comprehensive Plan.
A Public Hearing was held and there were slight questions from
previous people that were not here, but there was generally no
opposition.
It is the recommendation that this Special Use Permit does comply
with Ordinance No.8, Section 7.03 concerning area use permit of
all projects of five acres or more. This should also comply with
Ordinance No.8, Section 8.07, Subsection (D) in that:
(1) The area for development is larger than five acres;
(2) There shall be only one sign per development;
(3) The maximum square footage of the sign is
32 square feet in area;
(4) The sign is located 10 feet away from any property
line.
This permit is subject to significant progress being made within
one year, or this permit becomes null and void.
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Planning & Zoning Commission Minutes
August 14, 1990
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This Special Use Permit is subject to a one year review.
This recommendation is subject to a signed maintenance agreement
to be drawn up by the City Attorney and signed by all parties.
Motion carried unanimously. This item will go to the City
Council on September 4, 1990.
ORDINANCE NO. 23 AMENDMENT DISCUSSION CONTINUED, KEEPING OF
EQUINES (HORSES AND MULES)
Bosell stated she had not received a response back from Attorney
Hawkins as of this date.
She also relayed comments from Pat Schroeder expressing concern
about a lack of public land to ride horses and Ms. Schroder"s
opinion in favor of riding on privately owned land with written
permission of the owner.
Equestrian Council Chairperson John Bills stated that he would
like to open the meeting up to comments at this time, since he
had no further information to relay since the last Planning and
Zoning Commission Meeting.
DON EVELAND. 14744 Crosstown Boulevard said in retrospect after
the last meeting that he was not really comfortable with limits
of no more than 2 equines per acre for over five acres of land.
He was also uncomfortable with requiring permits as discussed at
the last meeting.
ERNIE TRETTEL. 1412 Andover Boulevard was very concerned about
the requirements for permits and was concerned about a
grandfather clause for existing horse owners.
He stated that he had called 25 surrounding cities and only one
city, Victoria, required a permit to keep horses. Only two of the
cities he called do not allow horses. Seven of the cities had no
limit and no permit requirements and regulated by maintenance
laws.
He also stated that raising horses is an agricultural pursuit and
cannot be compared to home occupations or dog kennels. He felt
that requiring a permit would be putting an undue burden on
people who meet all of the other criteria, and the regulation
should be done through maintenance ordinances.
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Planning & Zoning Commission Minutes
August 14, 1990
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PERRI MEDINE, 16440 Ward Lake Road, stated that when she attended
the meetings last fall she was told there would be no limit on
the number of horses she could have since she owns 10.3 acres.
Based on that information, she has expanded her business, which
includes breeding and boarding of show horses.
She stated that her business is unique in that her horses require
very little pasture. She is concerned if there is not a
grandfather clause in the new ordinance.
She also expressed her opposition to the permit process.
Chairperson Pease reminded everyone that this was a working
session only and that she felt the Equestrian Council had done a
wonderful job in drafting the proposed amendment to the
Ordinance. The intent is to try to come up with a contemporary
ordinance that meets today's needs.
DAN SQUORT. 18017 Hanson Boulevard, questioned if the intent of
the permit was to provide more revenue for the City. He stated
that they also have a unique situation in that they raise
miniature donkeys, which require less space for stalls and
pasture.
SHEILA SMITH. 181st Avenue N.W., stated that their 100 acres is
half in Andover and half in Oak Grove. She stated that barbed
wire is bad for horses but that there is nothing wrong with
electric fences and children should be taught not to trespass.
She also stated that they had to go through a lot of red tape to
try to get help for an abused horse in the neighborhood.
CARLA HANCOCK, 1636 Macaw Street, stated that she just moved here
recently. She is not in favor of requiring permits.
Bills stated that the Equestrian Council tried to match the
ordinance with the concerns of the City.
It was the general consensus that there were three main concerns;
the limit on number of equines, the grandfather clause, and the
requirement of permits.
After polling the Commission and in response to feedback from the
residents, the following changes were recommended in the proposed
draft of the amendment:
Under Section II, "More than 5 acres--no more than 3 equines
per acre", with the understanding that a variance would
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Planning & Zoning Commission Meeting
August 14, 1990
Page -5-
be required for special situations such as raising
miniature donkeys.
Under Section IX, delete the words "or herd of more than
twenty horses".
This item is scheduled for a Public Hearing on August 28, 1990.
ORDINANCE NO. 44 DISCUSSION CONTINUED. FENCING OF JUNKYARDS
At the request of the owners of the junkyards, it was decided to
table this item and schedule a special meeting to cover it.
MOTION by Vistad and seconded by Coleman to hold a Special
Meeting of the Planning and Zoning Commission to consider
Ordinance No. 44, Fencing of Junkyards on August 30, 1990, with
the meeting to start at 7:00 p.m. Motion carried unanimously.
2622 138TH AVENUE N.W. (KANGAS) VARIANCE SIDE YARD SETBACK FOR
DECK
Haas reviewed this request with the Commission. This is a
request for a variance so that David and Michelle Kangas can
build a 12 x 14 foot deck onto their existing home.
In reviewing the request, staff researched the preliminary plat
and found a resolution that the home and driveway was to be
located as far west as possible on the lot to remove it from the
intersection.
The builder, Herbert Blommel, was in attendance and stated that
it was his understanding that the location of the house met the
City's requirement. At the time he built, it was his impression
that the City just wanted to be sure that the driveway was on the
west side of the property.
David and Michelle Kangas stated that they did not know there was
a problem and feel they should be able to install a deck off of
their patio door and that their sketch drawing shows a proposed
deck.
It was discussed if it would be possible to install a free-
standing deck if it were not attached to the house. It was
advised that the owners check with the City Building Inspector
about that possibility.
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Andover Planning & Zoning Commission
August 14, 1990
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Haas stated that staff does not feel this request meets the
criteria for a variance in that there are options to reduce the
deck size and/or construct the majority of the deck on the rear
side of the home.
MOTION by Coleman and seconded by Vistad that the Andover
Planning and Zoning Commission recommend to the City Council
denial of the variance request by David and Michelle Kangas for a
seven foot side yard setback variance to allow for the
construction of a deck on the property described as Lot 2,
Block 2, Creekhaven Addition, Anoka County,
The Commission finds the proposal does not meet the requirements
set forth in Ordinance No.8, Sections 5.04 and 6.02. They
further find that the applicant fails to show a hardship due to
the unique shape or topography of the parcel, and the landowner
would not be precluded from reasonable use of the property.
Motion carried unanimously. This item will go before the City
Council on September 4, 1990.
c=) 15357 NIGHTINGALE STREET N.W. (LEET) VARIANCE SETBACK FROM
RESIDENCE FOR BARN
Bosell stated that this is a request to consider a variance to
allow Carol and Randy Leet to place a barn approximately 80 feet
from their residence as opposed to the 100 feet required by the
Ordinance. The Leets have indicated that placing-the structure
at the 100 foot mark would cause them undue hardship in that
their property is very low at this point and would require a
substantial amount of fill.
They are also concerned that with the addition of the fill
material, it may affect the drainage onto adjacent properties.
Carol Leet stated that she feels they would not need to do any
grading if the barn was placed 80 feet from the house.
Haas stated that he and Bosell made a physical inspection of the
property. It is his opinion that there would be only minimal
grading required at the 100 foot site, and that there would also
be minimal grading required at the 80 foot site.
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MOTION by Vis tad and seconded by Jovanovich that the Andover
Planning and Zoning Commission recommend to the City Council
denial of the variance request by Carol and Randy Leet at 15357
closer to their residence than allowed under Ordinance No.8,
Section 8.19(F).
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Andover Planning & Zoning Commission Minutes
August 14, 1990
Page -7-
The request is to place the barn approximately 80 feet from their
residence as opposed to the 100 feet required by the Ordinance.
Ordinance No. 23, Section l(D), also requires the structure be at
least 100 feet from any occupied structure.
Under Ordinance No.8, Section 5.04, the hardship in granting a
variance has to do with the characteristics of the land and not
of the property owner. Under Subsection (D) also, economical
considerations should not be constituted an undue hardship if the
reasonable use of the property exists under the terms of the
Ordinance.
Assistant City Engineer Todd Haas has made a visual inspection of
the property; and based on his measurements and site inspection,
the barn could be placed at the 100 foot mark with very little
difficulty. He also further noted that either location would
need grading to be done prior to construction of the barn. In
his opinion, there is no hardship issue associated with this
request.
Motion carried unanimously. This item will go before the City
Council on September 4, 1990.
ORDINANCE NO. 29 DISCUSSION CONTINUED, DISEASED TREE ORDINANCE
AMENDMENT
Bosell stated that Ray Sowada is on vacation.
MOTION by Coleman and seconded by Jonak to table this agenda
item.
OTHER BUSINESS
Bosell stated that they are continuing the interviews for a new
City Planner and have narrowed the field down to three
applicants.
There being no further business on the approved agenda,
Chairperson Pease declared the meeting adjourned at 11:33 p.m.
Respectfully submitted,
S:~ ~~?4
Recording Secretary