HomeMy WebLinkAboutAugust 28, 1990
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CITY of ANDOVER
REGULAR PLANNING AND ZONING COMMISSION MEETING
August 28, 1990 MINUTES
The regular Bi-Monthly Meeting of the Andover Planning and Zoning
Commission was called to order by Chairperson Rebecca Pease on
August 28, 1990, 7:31 p.m., at the Andover City Hall, 1685
Crosstown Boulevard, N.W., Andover, Minnesota.
Commissioners Present: Bill Coleman, Ron Ferris, Randal Peek,
and Wayne Vis tad
Commissioners Absent: Steve Jonak and Bev Jovanovich
Others Present: d'Arcy Bosell, City Zoning Administrator;
David Carlberg, City Planner; John Bills,
Equestrian Council Chairperson; Ray Sowada,
Tree Inspector
Bosell introduced David Carlberg, the new City Planner, to the
members of the Planning and Zoning Commission.
c=) REVIEW AND APPROVAL OF MINUTES
The Commission reviewed the minutes of the Planning and Zoning
Commission Meeting held on August 14, 1990.
MOTION by Vistad and seconded by Coleman to approve the
August 14, 1990 Minutes. Yes--pease, Coleman, Peek and Vistad;
Present--Ferris. Motion carried.
PUBLIC HEARING: 16060 CROSSTOWN BOULEVARD, N.W. AMENDED SUP
TO ERECT TWO TEMPORARY CLASSROOMS
This is a request to consider the Amended Special Use Permit
application of Constance Evangelical Free Church to construct
two garage-type buildings to be used as temporary classroom space.
Bosell reviewed with the Commission Sections 7.03 and 5.03
of Ordinance No. 8 as they pertain to this request.
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Staff's opinion is that the request meets the criteria as
set forth in Ordinance No.8, Section 5.03 (B) in that the
proposed use would not have a negative effect upon the health,
safety, morals and general welfare of the surrounding lands;
that the proposed use would not have a negative effect on
the existing and anticipated traffic conditions; that the
proposed use would not have a negative effect on the values
of property and scenic view in the surrounding areas; and
that the proposed use would not be in conflict with the
Comprehensive Plan.
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Planning & Zoning Commission Minutes
August 28, 1990
Page -3-
It was agreed that in defining "variance" it should reference the
existing Ordinances covering variances.
It was requested that Staff obtain a legal opinion as soon as
possible on Section XII (B) and Section XIV to make sure they are
worded properly and legally.
Bills stated he spoke with two neighbors who liked the way the
amendment had been drafted.
Bosell stated Staff had not received any response from the
information sent out prior to tonight's meeting.
CAROLYN RUCKS. Andover stated she did not see the reason to
restrict the number of horses for five acres because you needed
hay to feed that many horses on that amount of acreage anyway.
There was discussion if this item should be moved on before the
legal review was completed.
PUBLIC HEARING
At this time, the Public Hearing portion of the meeting was
opened.
ERNIE TRETTEL. 1412 Andover Boulevard stated his concerns if the
Public Hearing was closed tonight before the review by the City
Attorney and the review of the final draft.
There were no further comments.
MOTION by Coleman and seconded by Ferris to continue the Public
Hearing on this matter to the September 11, 1990 meeting of the
Planning and Zoning Commission. Motion carried unanimously.
PUBLIC HEARING CONTINUED: ORDINANCE NO. 29 DISEASED SHADE TREES
(DUTCH ELM. OAK WILT AND PINE BARK BEETLES)
The Commission reviewed the proposed amendment to the existing
Ordinance. There was much discussion whether this was a
community problem versus a landowner problem.
Sowada reviewed the difficulties in enforcing the Ordinance, in a
large part due to a lack of available funding.
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Planning & Zoning Commission Meeting
August 28, 1990
Page -2-
Bosell stated that these would be temporary structures to be
removed eventually when the Church expanded its building or moved
to a new location.
Loren Devine was in attendance to represent the Church, and
stated it is the intent of the Church to build on land that they
own across the street from the current structure. Their time
frame is to begin construction sometime in the Spring of 1992 and
to complete construction sometime in the Fall of 1992. He did
not feel there would be a problem to put a three year limit on
these temporary structures.
The Commission expressed concern in making a recommendation on
this item until after the ARC review had been completed.
PUBLIC HEARING
At this
opened.
receive
time the Public Hearing portion of
There were no comments and Bosell
any response before the meeting.
the meeting was
stated Staff did not
MOTION by Ferris and seconded by Peek to close the Public
Hearing. Motion carried unanimously.
In order to try to move this item in as timely a manner as
possible, Staff will look into having the ARC review completed
before the special meeting of the Planning and Zoning Commission
on August 30, 1990.
MOTION by Vistad and seconded by Coleman to continue this agenda
item until the special meeting of the Planning and Zoning
Commission on August 30, 1990. Motion carried unanimously.
PUBLIC HEARING: ORDINANCE NO. 23 REGULATING THE RAISING AND
KEEPING OF EQUINES (HORSES)
The members of the Planning and Zoning Commission and Equestrian
Council in attendance reviewed the current draft of the proposed
amendment. It was agreed by both bodies that matters concerning
variances should be handled by the Planning and Zoning Commission
and all other matters should be handled by the Equestrian
Council. It was agreed to clarify the wording in the amendment
to reflect the difference betr.een an "exception" and a
variance" .
In Section V, it was agreed that the wording should read "without
review by the Equestrian Council and approval of the City
Council."
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Planning & Zoning Commission Minutes
August 28, 1990
Page -4-
PUBLIC HEARING
At this time the Public Hearing portion of the meeting was
opened. There were no comments.
MOTION by Coleman and seconded by Ferris to close the Public
Hearing. Motion carried unanimously.
Sowada stated there may be some funding available in the future
from the State for cities that have a good ordinance in place.
MOTION by Ferris and seconded by Coleman that the Planning and
Zoning Commission pass on to the Andover City Council a request
for assistance in creating Ordinance No. 29 Diseased Trees, that
the Planning and Zoning Commission has been debating this
Ordinance for a number of months and have come to the conclusion
that the Ordinance itself is not the problem, but rather the
problem is the ability to enforce the Ordinance.
Specifically stated, the Planning and Zoning Commission is
requesting that the City Council set aside reasonable funds to be
used by the Tree Department to control the spread of disease
amongst the tree population within the City.
Furthermore, we consider it unreasonable to consider the control
of diseased trees to be a resident problem, when in fact it is a
city-wide problem. More specifically, the cost of removal in
many cases may exceed the land value of the property, including
house and property. It is not unusual for the removal of one
mature oak tree to be $500-$1,200 and for trenching one tree to
be $200. It is impossible to put that kind of cost on a
homeowner.
Therefore, we are asking the City Council for financial relief or
a financial statement as to what the City's position is in trying
to acquire a budget for the Tree Department which can be used to
control diseased trees. Motion carried unanimously.
MOTION by Vistad and seconded by Coleman that the Andover
Planning and Zoning Commission pass on to the City Council the
current draft of the proposed Amendment to Ordinance No. 29.
Motion carried unanimously.
OTHER BUSINESS
MOTION by Coleman and seconded by Vistad to continue the
remainder of the Agenda to the next regular meeting of the
Planning and Zoning Commission, Motion carried unanimously.
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Planning & Zoning Commission Minutes
August 28, 1990
Page -5-
There being no further business on the approved agenda,
Chairperson Pease declared the meeting adjourned at 11:48 p.m.
Respectfully submitted,
17__':'11 /1 ~it;
~~~dY M. Nutter 't~
Recording Secretary
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