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HomeMy WebLinkAboutJuly 12, 1988 , ') '-..J ~ ~(J1. ..1"\ 7:30 P.M. o o CITY of ANDOVER REGULAR PLANNING AND ZONING COMMISSION MEETING - AGENDA JULY 12, 1988 1. Call to Order 2. Approval of Minutes 3. All-Terrain Vehicle/Snowmobile Ordinance Public Hearing, Continued 4. Red Oaks Manor 6th Addition Sketch Plan 5. Variance #88-06 (Liesinger) 6. Variance #88-07 (Egart) 7. Non-Domesticated Animal Ordinance Public Hearing 8. Ordinance 8 (Zoning Ordinance) Amendment Public Hearing 9. Ordinance 10 (Subdivision and Platting Ordinance) Amendment 10. Ordinance 78 Amendment 11. Schedule Special Meeting 12. Adjournment o o . '\ ,..; '~ CITY of ANDOVER PLANNING AND ZONING COMMISSION MEETING MINUTES JULY 12, 1988 The regularly scheduled Andover Planning and Zoning Commission meeting was called to order by Chairman Marjorie Perry at 7:30 p.m., Tuesday, July 12, 1988, in the Council Chambers of Andover City Hall, 1685 Crosstown Boulevard N.W., Andover, Minnesota. Commissioners present included Chairman Marjorie Perry, Becky Pease, Don Jacobson, Bill Bernard, and Wayne Vistad. Also present were City Planner Daryl Morey, Assistant City Engineer, Todd Haas, and others. APPROVAL OF MINUTES Commissioner Vistad stated that on page 5, first sentence of the minutes, the minutes state it would be "unlawful to operate ATV's and snowmobiles on private property." This should be corrected to read "unlawful to operate on public property." MOTION was made by Commissioner Vistad, seconded by Commissioner Bernard to approve the corrected minutes of the June 28, 1988 minutes. All voted yes. Motion carried. ALL-TERRAIN VEHICLE/SNOWMOBILE ORDINANCE PUBLIC HEARING. CONTINUED Daryl Morey reviewed some of the changes on the proposed ordinance. He recommended wording that would make it unlawful to operate all-terrain vehicles in all rights-of-way within the City. Bill Lefevre, 14278 Undercliff, asked if it was necessary to have documentation to use certain pieces of land when snowmobiling. He indicated that it might be a problem to do this. Deputy Roessler stated that written permission is required to protect both the landowner and the rider of the vehicle. " Mr. Jacobson had one correction to the way the proposed ordinance read. In Section 3 (A), he would recommend striking the words "or wi thin the right-of-way of any' city roadway." Mr. Jacobson questioned if it would be right for the City of Andover to not allow ATV's on any street or right of way, as this would be contrary to what the county or state allows. \...J , I \ \.--1 Andover Planning and Zoning Commission July 12, 1988 Page Two Mr. Vistad would like to see some wording added to Section 3 (A) "except in designated areas." Chairman Perry asked Deputy Roessler if we didn't include the "right of way of any city roadway," are all the other areas of the city covered by state statutes. Deputy Roessler stated that the law reads that it's OK to operate ATV's in state or county ditches or in other municipalities, unless the city has other ordinances not allowing such operation of these vehicles (as does Anoka, Columbia Heights, Coon Rapids, Spring Lake Park). Deputy Roessler stated that there has been much damage to private property because of snowmobilers riding in right-of-way areas. He feels we should not restrict their operation but should take out the wording in the ordinance "right of way" and add that operation of the snowmobiles would be allowed in city streets to the paved portion of the roadway or shoulder, or right-hand most side of the road. Deputy Roessler also stated there was a problem with ATV's because the City of Andover is the only city that does not have ordinances prohibit ATV's in the county. People are trailering the ATV's from suburbs allover the metro area. MOTION made by Commissioner Vistad, seconded by Commissioner Jacobson, that the Andover Planning and Zoning Commission recommends to the City Council approval of the ordinance adopting restriction for operation of all-terrain vehicles and snowmobiles within the City of Andover with the noted changes to incorporate the wording from State Statues restricting all-terrain vehicles on all roadways, all right-of-ways and public land, under the jurisdiction of the city and to incorporate the wording as we had so discussed so as to allow them only on private property, with the following amendments to the ordinance: (Include in Section 3-A) "On right of way designated for City streets, snowmobiles shall be permitted only on the shoulder of the roadway or, in the absence of an improved shoulder, on the righthand-most portion of the roadway, and in the same direction as the street traffic on the nearest lane of the roadway adjacent thereto." Section 3 (C) - "No person shall operate an all-terrain vehicle within the right-of-way of a trunk, county state-aid, or county highway." , / , ~~ Andover Planning and Zoning Commission July 12, 1988 / Page Three There was a public hearing held and comments were taken from the public and by the adoption of this ordinance, the Commission feels that we are protecting the public health, safety, and general welfare of the city because of the potential destructiveness of some of these vehicles when operated in the manner that they have been in the past. Roll call: Commissioners Perry, Pease, Jacobson, Vistad, and Bernard all voted yes. Motion carried. This item will go to the City Council on August 2nd. RED OAKS MANOR 6TH ADDITION SKETCH PLAN Todd Haas indicated that the developer will not be present. Commissioner Jacobson stated we should table this item, but did mention that this area may be a good site for elderly housing. Chairman Perry recommended this item be put on the agenda for the upcoming Special Meeting. VARIANCE #88-06 (LIESINGER) Mr. James Liesinger is requesting a variance to convey ownership of a 33-foot easement to Mr. Heidelberger. At the time of purchase, it was the intent of the seller and buyer that the Heidelbergers would retain ownership of the 33-foot easement, but because of an improper warranty deed description, the Liesingers find they retain title to the 33-foot easement. On this parcel tires have been dumped, and now the Liesingers are responsible for removal and disposal of these tires. Mr. Liesinger would like a variance to transfer the ownership of the 33-foot easement back to Mr. Heidelberger, as originally intended. It would brought up that it should be Mr. Heidelberger's responsibility to remove the tires and not Mr. Liesinger's responsibility. The hardship is created by this improper warranty deed description. MOTION by Commissioner Vistad, seconded by Bernard, that the Andover Planning and Zoning Commission recommends to the City Council approval of the variance requested by James Liesinger, 4547 Snelling Avenue South, Minneapolis, to the property located at Lot 1, I-acre parcel, PIN 34-32-24-31-00007, to allow transfer of title on the west 33 feet and south 33 feet of the parcel to Cecil Heidelberger for the following reasons: \ / u Andover Planning and Zoning Ordinance / July 12, 1988 Page Four The request is to vary from Ordinance 10, section 14, Restriction on Filing and Recording Conveyances. The conveyance for the foregoing restrictions will create an unnecessary hardship and failure to comply does not interfere with the purpose of the subdivision regulations. It is felt there is a hardship created due to the fact that when the property was bought, it was with the intent of the 33-foot easement on the west and south property lines to remain in Cecil Heidelberger's name and this would create an undue hardship onto the current property owner. The Commission does not feel it will adversely affect the existing or potential use of the adjacent land and that the hardship was created by an improper warranty deed. All the commissioners voted yes. Motion carried. This item will go to the City Council on August 2nd. VARIANCE 88-07 (EGART) Daryl Morey stated that John and Patricia Egart are requesting a variance from Ordinance 52 (Scenic River Ordinance), Section 5.01.01 (4), Building Setback from Ordinary High Water Mark. John Egart, 501 185th Avenue, explained that the reason for the variance request is to allow for the installation of a functional septic system in the front yard and the home needs to placed as shown on the site plan. Mr. Vistad though the septic could be put in the back or side of the house, and there might not be a variance. Mr. Jacobson thought there would be 50 feet in the back, to allow the installation of a septic system in the back. The DNR was not in a position to offer a commitment on this request, but if a variance was requested, it would be handled on its own merit. MOTION was made by Commissioner Jacobson, seconded by Commissioner Pease, that the Andover Planning and Zoning Commission recommends to the City Council the granting of a variance for John and Patricia Egart at PIN 19-32-24-33-0002 better known as Lot 5, Block 1 of Ivywood Estates. The variance would be from Ordinance 52, Scenic River Ordinance, Section 5.02.01(4) which calls for a setback of 30' from the bluff line to any structure and 150' setback from the ordinary high water line to any structure. The request for variance is to vary from i the 150 foot mark and make the setback 128 feet. The Planning " / o Andover Planning and Zoning Commission " July 12, 1988 J Page Five Commission has looked at the site plan and proposal and finds in its recommendation that because the home does not actually sit on the bank of the Rum, but on a back water that the variance of 22 feet would not be contrary to the full intent of the ordinance to protect the Rum River and the visual sightings from the visual level and would recommend that the variance be granted to allow the landowner the best use of the property which has physical limitations due to elevations and low spots. The Commission finds that the Plan presented to them at the meeting is the best use of the property including the variance. This variance will be subject to the final approval of the DNR. All the commissioners voted yes. Motion carried. This item will also go to the City Council on August 2nd. HILLS OF BUNKER - (NONAGENDA ITEM) Several residents of the Hills of Bunker wanted to convey their concern that many of the houses being built in their development are all looking very much the same, with a minor change in roof pitch. Chairman Perry stated there is already an ordinance addressing this subject and recommended that the residents bring their concern to the City Council during the Residents Form section of the meeting. The Commission recessed at 9:10 and resumed the regular Andover Planning Commission meeting at 9:20. NON-DOMESTICATED ANIMAL ORDINANCE. PUBLIC HEARING Mr. Vistad had an objection to the wording in Section 2 (d) about crossbreeding and felt the sentence should be omitted completely. Mr. Jacobson indicated his feeling that the word "wild" should be stricken from Section 1 - Definitions. Also, it was asked that the words be added to Section 5 end of the first sentence, "may be destroyed or sold, or otherwise disposed of." Commissioner Bernard had a question on Section 6 and was wondering if someone had a wild animal for a long time, would the City force them to get rid of it within 90 days. Mr. Bernard felt this would be unfair to someone who had a wild animal for many years. j ~ j ~ Andover Planning and Zoning Commission July 12, 1988 Page Six I It was agreed to take out items f and g under Section 2 -- taking out raccoons and ferrets. Also, the Planning Commission agreed to change Section 2, item e to read "any poisonous viper" and deleting the rest of the sentence. After much discussion, it was also agreed to keep Section 6 in the proposed ordinance. Commissioner Jacobson also suggested striking the word Council from the first sentence in Section 4. Also in the second sentence of Section 4, he suggested changing the wording from such a permit shall to such a permit may be issued. Commissioner Vis tad had a concern regarding Section 1 and thought the word "wild" should be included in the definition. It was agreed to add "wild in nature." Commissioner Jacobson suggested that Daryl Morey prepare a revised Non-Domesticated Animal Ordinance with the changes as indicated and bring the updated version to the Special Meeting. The Planning Commission could review it one last time before approving the ordinance to be forwarded to the City Council. ORDINANCE 8 AMENDMENT PUBLIC HEARING Daryl Morey reviewed some of the definitions of the Section 3, of Ordinance 8. Mr. Morey stated that the health nurse of Anoka would like to talk with the Commission. The Commission felt this might be a good idea if she had any further information about the Vapors. Mr. Jacobson and Ms. Perry both stated all the adult uses should be listed in Ordinance 8 and that the ordinance should state clearly that these uses are not permitted in any district in the City. The Planning Commission members did not wish at this time to adopt the Minneapolis Ordinance. The following changes were made to the definition section: Adult bookstore - to use the one presently used in the state statute. Adult movie theatre - use Daryl's definition. It was agreed to delete the rap parlor definition. Section 5.04 (6) needs to be worded more clearly. , ~ o Andover Planning and Zoning Commission July 12, 1988 Page Seven j Mr. Morey will make the revisions on the proposed ordinance and present the revised ordinance to the Planning Commission for the next meeting. ORDINANCE 10 AMENDMENT The Planning Commission agreed that the wording from Plymouth's Ordinance included the best wording to include into the Andover Ordinance 8 and 10 pertaining to erosion control/vegetation requirements. Todd Haas was directed to specifically address problems/strengths of the Plymouth Ordinance for the next meeting. ORDINANCE 78 AMENDMENT This amendment would add the requirement that the owner and/or developer of commercial property enter into a site plan agreement with the City for required site improvements (for example, paving, curb and gutter, dumpster enclosures, lighting, landscaping, sidewalks and screening). Don Jacobson suggested one minor change in the site plan agreement ordinance under Section C. to read "Upon Andover Review Committee approval of a site plan, insert the word but (instead of and). Mr. Jacobson also stated that the ARC is doing a lot of things for the City, but expressed some concern in putting the final authority with a committee such as the Andover Review Committee. Mr. Morey felt that it would be well within their capacity to review site plan agreements, with a pre-approved checklist for them to review. Chairman Perry would like to see a landscape and site plan checklist developed, with specific guidelines. This could possibly be handled internally as a planning department function. MOTION was made by Commissioner Jacobson, seconded by Commissioner Pease, that the Andover Planning and Zoning Commission recommends to the City Council the adoption of the amendment as corrected to Ordinance 78. The purpose of the amendment is to clarify and ensure that work in commercial areas, in terms of landscaping and other developments, are completed and not left undone. , ) \ \j Andover Planning and Zoning Commission July 12, 1988 Page Eight / All commissioners voted yes. Motion carried. SPECIAL MEETING A special meeting of the Andover Planning and Zoning Commission was scheduled for July 19, 1988 at 7:30 p.m. ADJOURNMENT Chairman Perry declared the meeting be adjourned at 11: 30 p.m. Respectfully submitted, (Park.6) /