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HomeMy WebLinkAboutAugust 9, 1988 ~(CA " "- \J .... o u CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (612) 755-5100 PLANNING AND ZONING COMMISSION AUGUST 9, 1988 1. Call to order 2. Approval of Minutes 3. Harstad property sketch plan 4. High Risk Sexual Conduct Ordinance Public Hearing. 5. Larry Braun Special Use Permit 6. Ordinance 10 Concept plan 7. Variance # 88-07 (Lazarz) 8. 9. Adjourment (", o o \(}\ CITY of ANDOVER ~ ,----,I PLANNING AND ZONING COMMISSION MEETING MINUTES AUGUST 9, 1988 The regularly scheduled Andover Planning and Zoning Commission meeting was called to order by Chairman Marjorie Perry at 7:30 p.m., Tuesday, August 9, 1988, in the Council Chambers of Andover City Hall, 1685 Crosstown Boulevard N.W., Andover, Minnesota. Commissioners present included Chairman Marjorie Perry, Rebecca Pease, Don Jacobson, d'Arcy Bosell, Bev Jovanovich. Also present was Assistant City Engineer, Todd Haas, and the City Building Inspector. APPROVAL OF MINUTES Motion was made by Don Jacobson, seconded by Rebecca Pease to table this item as the minutes for the Special Meeting of July 19, 1988 were just received and the minutes for the regular meeting of July 26, 1988 was not completed at this time. All voted yes. Motion carried. HARSTAD PROPERTY SKETCH PLAN Todd Haas stated that the location of the sketch plan was in the area of Hanson Boulevard and Bunker Lake Boulevard. The proposed sketch plan is located in three zoning districts __ Limited Business (LB), General Business (GB) and Single Family Urban (R-4). Todd Haas also reiterated the Andover Review Committee's concern of mixing the commercial traffic with residential and had recommended removing Lots 22-33 of Block 1, Lots 1-19 of Block 6 and Lots 28-31, 36-42 and 54-60 of Block 2 for commercial development. ~-) Ms. Bosell had a concern regarding the tax-increment financing district and in 1981 when the rezoning of the southern part of the community was done, a considerable amount of time was spent in determining where and why the LB and GB districts are to be located. They were to function as commercial properties and to buffer the residential property, known as Red Oaks. To change the integrity of that district and to put residential within the commercial district is not in line with what was decided to do as a community, and especially with the commercial concept plan that had been prepared. ) I 'J Andover Planning August 9, 1988 Page Two and Zoning Commission Rod Halverson, Midwest Land Services, stated that they had looked at the entire area and having commercial zoning going in at the south and east end of the property, including the natural topography of the area. The terrain (next to the commercial area proposed to near Bunker Lake Boulevard) lends itself more to a single-family layout and they had proposed to put in residential lots because of the trees and wetland area. Mr. Jacobson was of the opinion that Block 1 should be removed from the residential area and be put in the commercial zoning area; the water to the north of Block 1 would make a nice barrier into the residential area. Also, Block 6 should be commercial zoning too. He would agree to go with Block 2 as R-4 development, with minor street alignment to get rid of the two cul-de-sacs. Also, Mr. Jacobson had a concern with Jay Street being a 1/2 street and indicated it should be a full street. Ms. Bosell stated that if Lots 22-33 of Block 1 were developed as single-family residential, it would be necessary to obtain permits from the Department of Natural Resources, U.S. Army Corps of Engineers or any other agency which may be interested in site grading and filling activities. An environmental worksheet will also be necessary on this plat. HIGH RISK SEXUAL CONDUCT ORDINANCE PUBLIC HEARING Chairman Perry stated that Attorney Hawkins did not make a statement to the effect that the City wait for the outcome of the litigation against the City of Minneapolis' ordinance, but that Mr. Hawkins would defend an ordinance that the City of Andover might choose. Chairman Perry opened the public hearing. Steve McKinley, 3701 153rd Lane, serves as pastor for Grace Lutheran Church in Andover. He was concerned about "aids coming to Andover," and wants to urge the Planning Commission to take the appropriate action to slow the spread of the disease. He felt the City could act as a community to protect the citizens and neighbors of Andover. Guy Bavarian, 1484-148 Lane, stated he had moved here from Ft. Lauderdale a year ago and loves it here. His concern is for the future of Andover and he would like to see the Planning Commission pass this ordinance, as a protection to the community of Andover. / \.-.J Andover Planning August 9, 1988 Page Three and Zoning Commission Bruce Splachley, Assistant Pastor - Constance Evangelical Free Church sees the ordinance being pursued as a health issue, not a personal rights issue. He would like to encourage the Planning Commission to follow through on this type of legislation. Motion was made by Commissioner Jacobson, seconded by Commissioner Jovanovich to close the public hearing. All voted yes. Motion carried. Mr. Jacobson stated that the Planning Commission has been directed by the City Council to consider the High Risk Sexual Conduct Ordinance similar to the one adopted by the City of Minneapolis. He also mentioned that only two cities in the whole country have adopted this ordinance -- Minneapolis and Indianapolis, and both of them are in litigation as to the constitutionality of this document. He felt the wording was not constructed in a way for the City of Andover to adopt it -- as Andover does not have a health commissioner, etc. Also, he had a concern that there currently exists a lack of concrete evidence that high risk sexual conduct is taking place at the Vapors, the City's only establishment that currently would fall under the provisions of this ordinance. It was still Mr. Jacobson's opinion to be in favor of the earlier recommendation to the Council of making adult bookstores, adult cinemas, etc. not acceptable uses in any zoning districts within the City, therefore making them illegal. Chairman Perry stated that the City Attorney's law clerk is researching what has happened in other cities in the United States who have attempted to totally ban those activities. Some of that research indicates that those cities which have an ordinance attempting to totally ban the high-risk sexual activities have had a difficult time in court and those cities who have attempted to restrict those high-risk sexual activities to a zoning district have done much better. Until there is a definite opinion from the City Attorney, Chairman Perry did not feel the City Council would move on the original recommendation made by the Planning Commission. Chairman Perry stated that she made some revisions to the City of Minneapolis ordinance, replacing and deleting sections as necessary to fit the City of Andover. Examples of the wording she recommended to be changed are as follows. , ".J u \ j Andover Planning and Zoning Commission August 9, 1988 Page Four Starting with Section 219.500 Findings -- she highlighted "to the spread of communicable disease" (5th Sentence) and changed City of Minneapolis to City of Andover and continued to highlight the rest of the section. In section 219.510 Definitions, she highlighted item (6) and changed Commissioner of Health to read "Building Official" (who is the City's health official). She continued with Section 219.520 Building Standards and delete paragraph (1) the powers of the Commissioner of Health (Section 219.530) and in the 2nd paragraph, she deleted it. Instead, adding the wording, the Building Official instead of Commissioner of Health. Also the wording public health "nuisance", instead of hazard. Also in Section 219.530 (3) (a) the word Commissioner in second line should be substituted with the wording, "City Council." The word Commissioner listed twice further in that paragraph should be changed to read "Building Official." In subsections (b) of Section 219.530, the wording Commissioner should be changed to read, City Council. In item (4) of Section 219.530, the word Commissioner should be changed to read "Building Official." Also on the last page of item (4) the Commissioner of Health should be changed to read, "City Council." Mr. Jacobson did not feel that the City of Andover's Building Official does not qualify and does not have the expertise in the health area to conduct these inspections. He felt this was very dangerous to try to modify an ordinance that has so many differences than what the City of Andover would even require. Again, he restated that he preferred the original recommendation to the City Council. Ms. Bosell asked if there was any urgency in getting the draft to the City Council. Chairman Perry stated that the City Council was interested in holding a public hearing on this item. It was Ms. Bosell's suggestion to make the modifications of the ordinance as Ms. Perry recommended and put it in a draft form for the Commission to review again and also pull the recommendation for Ordinance 8 as it relates to the adult bookstores, cinemas, etc. \ j Motion was made by Commissioner Bosell, seconded by Commissioner Jacobson that the Andover Planning and Zoning Commission continue this agenda item until the next scheduled planning commission and that the ordinance amendments be put in draft form together with the recommendations previously made to the City Council. In addition, it was suggested to have the City Attorney review the drafts for the Planning Commission. Roll call: All voted yes. Motion passed. - J , ) ~~ J Andover Planning and Zoning Commission August 9, 1988 Page Five Motion was made by Commissioner Jacobson, seconded by Commissioner Pease to leave it up to the Chairman's decision as to whether this item could be handled during the next one or two regularly scheduled Planning Commission meetings or to hold a Special Planning Commission meeting. All voted yes. Motion carried. Chairman Perry will check with the Council to determine if the Council has some time frame in mind to hear this item or if the next 2-3 meetings would be an adequate time frame. The Planning Commission dismissed for a break at 8:45 p.m. and reconvened at 8:50 p.m. LARRY BRAUN SPECIAL USE PERMIT Todd Haas explained that the special use permit was requested by Larry Braun to allow the structure on subject property to be continued as a duplex in an R-4 district. In 1982, the City Building Official wrote a letter to the property owner advising him that there were things which must be done in order for the property to continue as a multiple residence. Ms. Bosell stated that in 1979, a complaint was received at City Hall that this property was being used as a multiple residence. If the residence was to continue to be used as a multiple residence, the owner would have to pay the appropriate fees. The owner was sent a statement, and the owner did pay these new fees. The question remains why did the City tell the owner to pay the fees; why didn't the City tell the owner no, that a multiple residence is not allowed. The building official feels this is a violation of the city code and zoning ordinance. Ms. Pease asked what has been happening during these past six years and why has it come up now. Chuck Phillipsic, representing Larry Braun, stated the reason it comes up now is because the contract of deed needs to be paid off in February of next year and his client is concerned that he might not be able to sell the property. Mr. Phillipsic indicated that the items stated in the letter of 1982 from the building official have been completed. The property has not been inspected by the building official to determine if in fact these items have been done. Mrs. Douglas Frye, 2721 134th Avenue, stated her concern that a lot of people live in this residence and would like to see a single family living in the home. / \ ) ) '_J Andover Planning and Zoning Commission August 9, 1988 Page Six Mrs. Egge, 2706 - 134th Avenue NW, lives right next door to the home in question. She has the same concerns as there's been many problems over the years -- a lot of parties with the police being called. Sometimes there's been 2-3 families living there, and it's been a hassle for the neighbors. Douglas Frye, 2721 134th Avenue, stated that there's been a problem in keeping the property rented, and the fact that there are so many people living there. There's been such a turnover of people, and he'd like to see a single family living there. Mr. Jacobson stated that it was his feeling that although there was a quasi-understanding that this property could remain as a multiple residence if the items stated in the 1982 letter from the building official, that the owner does recognize there is a problem because of the request for a special-use permit. With this grandfathered in, Mr. Jacobson feels it could be remain as a duplex or home conversion as long as all the requirements are met in the ordinance: two lots, another well would have to be built, etc. Ms. Bosell made the statement that Mr. Braun nor his attorney were advised in regard to the two-family home conversion part of the ordinance. Mr. Braun hasn't had an opportunity to respond back to the 4.19 Ordinance. MOVED by Commissioner Jacobson, seconded by Commissioner Pease to continue this agenda item until the September 13, 1988 regular Planning Commission meeting to allow the applicants time to review the ordinance to determine if Mr. Braun could comply and could continue with the special use permit application. All voted yes. Motion carried. VARIANCE #88-08 (LAZARZ) Todd Haas stated that Mike Lazarz is requesting to build an attached garage. The existing house was constructed in the 1950's before the ordinance went into effect and is located within the 50 ft. setback area. Pursuant to Paul Ruud, it is the County's intention to get the road back on the section line and require a 60-foot right of way from the section line, and then there's the 50 foot setback. Mike Lazarz spoke and stated that he wanted to build an attached garage as a convenience and is presently parking his car outside. He stated that the land slopes from west to east. He felt by adding an attached garage it would add to the value (~~ ~~ \ ; Andover Planning and Zoning Commission August 9, 1988 Page Seven of his home. The location the City is proposing for the garage is right over the septic tank. Todd said that could be moved. Chairman Perry thought that because the construction is an addition to an existing residence, she felt that the variance request would be legitimate. Mr. Jacobson restated what constitutes a hardship to create a variance -- that it cannot be for economic reasons, that it cannot be something beyond the owner's control, that it makes the property non-functional. MOVED by Commissioner Jacobson, that the Andover Planning and Zoning Commission recommends to the City Council denial of the variance request #88-07 for Mike Lazarz, 3747 - 157th NW to build an attached garage closer to the setback than is allowed by ordinance. City ordinance requires that at least a setback of 110 feet from 157th Avenue be maintained. The Commission finds that the home, that was built prior to the enactment of the ordinances, is a non-conforming use and that under Ordinance 8 Section 4.03 Non-Conforming Uses and Structures Subsection (b) states that no structural alterations shall be made to a non- conforming use. In discussions with the applicant, it has been determined that it is his preference to have the garage attached and closer to the street. The Commission finds, however, that no real demonstratable hardship would be enacted by having the garage placed back of the proper setback lines for this County right of way and recommends that the application be denied. For lack of a second, this motion dies. MOVED by Ms. Bosell, seconded by Commissioner Jovanovich to direct Todd Haas to conduct an inspection of the land located at 3747 - 157th Avenue NW, Andover, to determine if the typography and contours of the land may create the hardship needed to grant the variance request. All voted yes. Motion carried. This item will be continued at the next regular Planning Commission meeting, August 23, 1988. Dan Johnson, Nightingale Estates, made a comment regarding the High Risk Sexual Conduct Ordinance. He heard on KTIS radio that homosexuals have an average of 60 different partners a year, and if one multiplies 60 times 60, it could have a big impact on the high-risk sexual conduct. ~ \ ) 1.__1 , 1 - --' ,; Andover Planning and Zoning Commission August 9, 1988 Page Eight ORDINANCE 10 CONCEPT PLAN The Planning and Zoning Commission was requested to review the attached EAW possible rule changes which mayor may not affect Ordinance 10. Mr. Jacobson stated that some developers were getting around the rules in saying that their development were mixed (some single family, some duplexes) and used the language to get around it. The EQB is now changing the language and tightening up the rules and regulations to catch some of the developers who were getting around the loopholes. Ms. Bosell asked if we should consider changing the language so that the concept plan or the sketch plan shall contain the contiguous property but the preliminary plat needs only to deal with the specific phase they intend to develop. Todd Haas agreed this has caused the City problems in the past. Chairman Perry asked if Ms. Bosell could put together a draft regarding the language for the sketch plans and the preliminary plats. ADJOURNMENT MOVED by Commissioner Jacobson to adjourn the Andover Planning and Commission meeting at 10:10 p.m. Respectfully submitted, (Plan.7)