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HomeMy WebLinkAboutSeptember 25, 1990 o o o o o fA CITY of ANDOVER REGULAR PLANNING AND ZONING COMMISSSION MEETING September 25, 1990 MINUTES The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Rebecca Pease on September 25, 1990, 7:31 p.m., at the Andover City Hall, 1685 Crosstown Boulevard, N.W., Andover, Minnesota. Commissioners Present: Bill Coleman, Steve Jonak, Bev Jovanovich, Randal Peek and Wayne Vistad Commissioners Absent: Ron Ferris Others Present: David Carlberg, City Planner; d'Arcy Bosell, City Zoning Administrator; and Don Olson, City Building Inspector REVIEW AND APPROVAL OF MINUTES The Commission reviewed the minutes of the Planning and zoning Commission held on September 11, 1990. MOTION by Coleman and seconded by Jovanovich to approve the Minutes of the September 11, 1990 Meeting. Motion carried unanimously. PUBLIC HEARING: ORDINANCE NO. 44 FENCING REQUIREMENTS FOR JUNKYARDS Carlberg reviewed with the Commission his findings on the use of Tax Increment Financing (TIF) for berming purposes along Bunker Lake Boulevard. He indicated that TIF money could be used for this purpose, but there is no TIF money available at this time. The City has received many inquiries concerning TIF funding in the Redevelopment District. Staff recommends that the Andover Economic Development Committee review the current requests and develop a policy which will provide direction for the use of TIF revenues. The Commission requested Staff to pursue this at the next AEDC meeting, which is scheduled for October 11, 1990. This item was continued from the August 25, 1990 Planning and Zoning Commission meeting. Bosell stated that all interested parties were mailed copies of the new draft of the proposed amendment to the Ordinance. u , " '0 Planning & Zoning Commission September 25, 1990 Page -2- Minutes \ , J The Commission reviewed with Staff the latest draft of the Ordinance with the following comments: 1) There is a new definition for "junkyard" and the term "Automotive Recyclables" has been inserted where appropriate. 2) Staff will reword Section 1.7 to give a better definition to the term "Screening Fence.~ 3) Section 5.1 should read "consistent over any area as measured from the street level." 4) Section 5.2(b) should read "come into view of adjacent residences," 5) In Section 6.3, remove the word "his" PUBLIC HEARING At this time, the Public Hearing was reopened for additional comments. , ROBERT PEARSON, Andover Auto Parts, 13526 Jay St., asked if there was any news about the new streeting going in along and through his property. He stated he does not want to pay for any new fencing if it will need to be torn down or moved for the new road. Bosell stated the City would take that into consideration before they would require him to do so. .J He asked for a time frame for this new fencing requirement. Staff suggested that with winter nearing it would probably not be considered a reasonable request before spring. Pease stated the majority of the changes to the Ordinance were to update some of the verbage and make sure the terms did not conflict with other Ordinances. JOANNE WILBER, Wilber Auto Parts, 13608 Jay St., inqured about the proposed service road along Bunker. Staff stated it was in the plans for the south side of Bunker, but there has not been any definite timeframe established yet, other than it is scheduled within the next five years. SUE HURST, 13400 Jay St., stated that she lives behind the Andover Auto Parts. She and her neighbors had two FHA inspectors to do an on-site inspection of their properties in December of 1990. '\ ,) , " : ~ '.-..J 0 Planning & Zoning Commission Minutes September 25, 1990 Page -3- ) The inspectors told her their property would not be approved for FHA financing based on the condition of the fence of Andover Auto Parts. They told her the fence itself is worse than what it is trying to hide. She passed photos of portions of that fence to the members of the Commission. She stated she does not mind being neighbors with the auto yards, but she is afraid if she needed to sell her property, there could be a problem with the financing. She commented on the attractive fence that Anoka Auto Parts has. FHA would not give her or her neighbors any other guidelines to obtain FHA financing, so they do not know if the fencing is the only problem. Carlberg will try to work with FHA and pin them down as far as fencing guidelines. Hurst stated that part of the fencing of Andover Auto Parts is good, and she appreciates that. Coleman stated she has a right to expect a fencing along the back of her property that meets the guidelines as set forth in the Ordinance. Staff expects to start their inspections of the fences in November. , ) DON BOELKE, 13414 Jay St., stated that he has talked to FHA and feels the City will really have to "get on their backs" to get any kind of answers or guidelines from them. MOTION by Coleman and seconded by Vis tad to continue this agenda item until the meeting on October 9, 1990. Motion carried unanimously. Staff will set this item up for a Public Hearing on that date and make the changes to the draft of this Ordinance. 444 - 177TH AVENUE N.W. (SCARDIGLI) VARIANCE FRONT YARD SETBACK FOR ACCESSORY BUILDING This is a request from Anthony and Cesarina Scardigli to allow.. for the construction of a 26 ft. x 48 ft. accessory building (garage with a screened porch). Carlberg reviewed this item with the Commission and stated that the proposed assessory building is proposed to be located nearer the front property line than the principal structure and that the house fronts on County Road No. 58 (177th Ave.). As it is proposed, the accessory structure would be located 99 feet from the centerline of County Road No. 58. On a county road, the planned right-of-way is 120 feet, although at this time a 66 foot right-of-way exists. ,J u , , lJ Planning & Zoning Commission Minutes September 25, 1990 Page -4- \ , ) Staff and Commission reviewed the guidelines of Ordinance No. 8 for granting a variance. They also reviewed sketch plans submitted by the owner and their builder, Kimlinger Construction. Pete Kimlinger had shown a sketch to Building Inspector Don Olson who stated to Kimlinger it appeared to meet requirements. However, the streets were not labeled and Olson did not know a County Road was involved. No building permits were issued. Based on information from Kinlinger the owners removed trees. Now, in order to meet setback requirements, more trees will have to be removed, and the accessory structure cannot be located where the owners first desired. The Commission stated they were sorry that the trees had been removed, but it is proper procedure to obtain a building permit before you start any alterations. If this had been done, the trees could have been saved. Staff reviewed an alternative sketch plan for the accessory building that would meet the setback requirements. MOTION by Coleman and seconded by Peek that the Andover Planning and Zoning Commission recommend denial of the variance requested by Anthony and Cesarina Scardigli to allow for the construction \ of an accessory building encroaching into the front yard setback I / along County Road No. 58. The Planning Commission finds that the proposal does not meet the requirements as set forth in the City's Zoning Ordinance No.8, Section 5.04. The Commission finds that a hardship due to the unique shape or topography of the parcel does not exist and that the landowner would not be precluded reasonable use of the property. Discussion Vistad requested Coleman to attach that portion of Ordinance No.8, Section 4.05 and Section 6.02 as part of the motion, as well as the Staff's review for the criteria as far as number 1 and the information contained therein, number 2 and the information contained therein, number 3 and the information contained therein, and number 4 and the information contained therein with the rewording "The denial of the variance will..." Coleman stated he did not think all of those things needed to be in the motion since they are in the staff reports that the Council gets and are part of the resolution prepared by Staff. , ,~ Motion carried unanimously with comment from Vistad that the criterias for denial as mentioned above should be included in the motion, and comment from Jovanovich that she agreed with Vistad. , , v u Planning & Zoning Commission Minutes September 25, 1990 Page -5- "\ , ) ORDINANCE NO. 79 DISCUSSION CONTINUED--TRANSIENT MERCHANT'S LICENSE AND ORDINANCE NO.8, SECTION 7.03 This item was continued from the September 11, 1990 meeting. Bosell reviewed the draft of the proposed amendments. She reviewed a copy of the Special Use Permit that was granted to the Downtown Center. The Commission and Staff reviewed the intent of the Ordinance as it might apply to various situations. The Commission suggested that in lieu of a Public Hearing, which is not required, that Staff send a letter to the merchants in the City advising them that the change in the Ordinance will make it easier for them to have a one or two day event as covered under the Ordinance. MOTION by Vistad and seconded by Coleman that the Andover Planning and Zoning Commission recommend approval of the Ordinance No. 79 with the changes of Section 2, subsection (1) and (2), Section 3, subsection (1) thru (7), and the renumbering of the other Sections. Motion carried unanimously. "\ '. ) ORDINANCE NO.8, SECTION 4.06 DISCUSSION CONTINUED--PERMITTED ENCROACHMENTS This item was continued from the September 11, 1990 meeting. Bosell stated it was difficult to research the issue of encroachments in other cities since they are called different things, are not consistent, and often times just do not exist. In reviewing the draft, it takes into consideration that the window wells in ramblers are 36", which is greater than the 30" now used. It was decided to pull fencing, hedgesand walls from 4.06 and move it to 4.21. Staff will set this item up for a Public Hearing. OTHER BUSINESS Staff will set a Public Hearing for the same date as the agenda item previously for the purpose of changing Section 7.04 as it pertains to the removal of political signs. This needs \ to be changed from seven days to ten days to be in compliance " .J with State law. '\ , ) , / '- ) '0 \.J Planning & Zoning Commission Minutes September 25, 1990 Page -6- There being no further business on the approved agenda, Chairperson Pease declared the meeting adjourned at 10:13 p.m. R~. ectfully submitted, L~/.dj /7{ 77/J-/L Cindy M~utter ' ('-'r"'( Recording Secretary "