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HomeMy WebLinkAboutSeptember 13, 1988 ~ '\ '---./ ,'9\ u u CITY of ANDOVER REGULAR PLANNING AND ZONING COMMISSION MEETING - AGENDA SEPTEMBER 13, 1988 8:01 P.M. 1. Call to Order 2. Approval of Minutes; August 9th & 23rd 3. Larry Braun Special Use Permit, continued 4. High Risk Sexual Conduct Ordinance, continued 5. Lot Split (Adler) 6. Dreher Special Use Permit Public Hearing, Outlot A, Hidden Creek 2nd Addition 7. Variance (Hoffman) 8. Set Special Planning & Zoning Meeting 9. 10. Adjournment o o o ;~ CITY of ANDOVER PLANNING AND ZONING COMMISSION MEETING MINUTES SEPTEMBER 13, 1988 The regularly scheduled Andover Planning and Zoning Commission meeting was called to order by Chairman Marjorie Perry at 8:00 p.m., Tuesday, September 13, 1988, in the Council Chambers of Andover City Hall, 1685 Crosstown Boulevard N.W., Andover, Minnesota. Commissioners present included Chairman Marjorie Perry, Bev Jovanovich, Wayne Vistad, d'Arcy Bosell, and Bill Bernard. Also present was Assistant City Engineer, Todd Haas. APPROVAL OF MINUTES Motion was made by Commissioner Vistad, seconded by Commissioner Bernard to approve the minutes of August 9, 1988. All voted yes. Motion carried. There was discussion on the August 23rd minutes. Wayne Vistad had a correction on page three -- his vote should have been a "no" vote, and Commissioner Bernard's "no" vote should have been a "yes" vote. Also on page 12, sixth paragraph -- it should be stated that Tonson, Incorporated (instead of Recycling) is not in compliance due to the violation of items 1, 3 and 4 as listed in the agenda and also to make the same correction for the last paragraph. Commissioner Bosell stated that she wanted a correction made in regard to page 10 indicating that she carried the information regarding the Tonson agenda item to the Planning Commission, as Zoning Administrator. Also it was requested that the first paragraph on page 11 of the minutes be moved to be put under Tonson, Incorporated on page 10. Motion was made by Commissioner Jovanovich to approve the August 23rd minutes. Commissioner Jovanovich withdrew her motion to approve the minutes because she was not present at the August 23rd meeting. (j Motion was made by Commissioner Bernard, seconded by Commissioner Vistad to approve the minutes of the August 23, 1988 Planning Commission meeting. Three yes votes, two present. Motion carried. , \ o u \ ) Andover Planning and Zoning Commission September 13, 1988 Page Two LARRY BRAUN SPECIAL USE PERMIT, CONTINUED Todd Haas stated that this item was tabled from the August 9th Planning Commission meeting to determine if Mr. Braun could comply and continue Hith the Special Use Permit. Also, the commissioners Here handed a letter from Mr. Braun's attorney, Charles Philipsek. Larry Braun did indicate that the windows were inspected. It was stated by Commissioner Bosell that it would be necessary for Mr. Stephen Nemeth (property owner) to sign the special use permit request form, Mr. Philipsek stated he would contact Mr. Nemeth to make this request. Chairman Perry stated that a letter from Nemeth stating that he was aware of this request would be sufficient. Also, ~ls. Bosell stated the City Hould need a copy of the purchase agreement, with the appropriate signatures. She also stated that only one stub fee and one connection fee has been paid. / Motion was made by Commissioner Bosell, seconded by Commissioner Vistad that the Andover Planning and Zoning Commission recommend to the City Council approval of the special use permit request made by Larry Braun on the property identified as 2722 - 134th Avenue NW to allow the continuance of a multiple residence in a single-family dHelling unit. This home was constructed in approximately 1961 and at that time its use was multiple dwelling and has been continued to this day. The applicant has brought the lower level of the home into compliance with the Uniform Building Code, Section 3.02 (1) as it applies to the bedroom windoHs. Plans have been submitted to City Hall and inspection thereof has been made and smoke detectors have been relocated pursuant to the letter from the Building Official dated December 15, 1982. This special use permit would be contingent on the City receiving the additional assessment for one sewer stub and one sewer connection charge applicable to this residence. This request is recommended for approval because the use was grandparented in and falls in under Ordinance 8, Section 4.10 Lawfully Existing Non-Conforming Uses. A public hearing was held, and there was input received from the neighbors as it concerned the change in residency, but it was felt that concern in and of itself was not enough reason to turn down the request. It is also recommended that this item does not go on to City Council unless a statement from Mr. Nemeth, or the purchase agreement with his signature is received. All voted yes. Motion carried. This item will be on the City Council agenda October 4. , \ 'J u ) Andover Planning and Zoning Commission September 13, 1988 Page Three HIGH RISK SEXUAL CONDUCT ORDINANCE. CONTINUED Todd Haas stated that this item was tabled from the August 9th Planning meeting to allow the City Attorney to review the proposed ordinance and incorporate the necessary language to include the City of Andover. Also there has been additional information provided to the Commissioners on activities at the Vapors. The U.S. District Court challenge of the Minneapolis ordinance was not successful. Chairman Perry opened the public hearing. Motion was made by Commissioner Vistad, seconded by Commissioner Jovanovich to close the public hearing. All voted yes. Motion carried. Motion was made by Commissioner Vistad, seconded by Commissioner Bosell that the Andover Planning and Zoning Commission recommends to the City Council to approve the Ordinance Relating to Contagious Diseases and High-Risk Sexual Conduct as so written. Commissioner Bosell questioned why there is not a penalty if Article 3 of the ordinance has been violated. She reiterated that if it was one of the concerns that high-sexual activity was being conducted in any building, that it should not be allowed to continue, and there should be a penalty; otherwise they could re- engage in the activity. Chairman Perry stated that on page 6, (d) it states that "If, within thirty (30) days from the issuance of orders to the management, owner or tenant of the hazardous site, the Health Officer determines that such corrective measures have not been undertaken, then the Health Officer may order the abatement of the hazardous site as a public nuisance." Commissioner Bosell asked Chairman Perry if she could verify with the City Council if it was the intent to state in the ordinance that the penalty deal with only the posted notice and not with the activity talked about in the paragraph above. Roll Call: All commissioners voted yes. Motion carried. This item will go to the Council on October 4th. LOT SPLIT (ADLER) I / Todd Haas stated that the proposed lot split is currently zoned R-4, Single Family Urban and is located outside the current Metropolitan Urban Service Area (MUSA) an the lot contains 39,000 square feet of land which is buildable. \ ~ u / Andover Planning and Zoning Commission September 13, 1988 Page Four There is a problem with the frontage -- there is a requirement of 300' and that is required for a 2-1/2 acre lot and it would be 165' if it was split. Ms. Bosell stated Mr. Adler needs 108,900 square feet and 300 feet of frontage and the property is not in the MUSA area. She does not see any vehicle by which a lot split could be granted as there appears to be no hardship evident. Marlene Adler stated that she talked with Ms. Bosell about the procedures for a lot split. She stated they were told that they would not be getting water and sewer until 1992 according to a meeting with the City Attorney and other City officials. Thomas Adler asked then if it was true that they couldn't build on anything smaller than 2-1/2 acres until the year 2,000. Chairman Perry stated that was correct unless there was a change in the MUSA boundaries. Chairman Perry asked if the Adlers would be interested in withdrawing their request, and the monies not spent could be refunded or another option would be to make a recommendation to the City Council. The Adlers preferred to have the Planning Commission vote on this item. Motion was made by Commissioner Vistad, seconded Commissioner Bernard that the Andover Planning and Zoning Commission recommends to the City Council denial of the lot split of the property located at 1480 Andover Boulevard for Marlene and Thomas Adler for the following reasons: The property is not in the current Metropolitan Urban Service Area (MUSA). It is outside of the future MUSA boundaries, it does not conform to Ordinance 10, Section 9.06 a (3) wherein it starts it IVould have to be a 2-1/2 acre parcel to be developed. If the Council saIV fit to grant this request, the Commission IVQuld like to see the follolVing items attached: That lot contain at least 39,000 square feet of buildable land area. A dedication of Right-of-Way is recommended to be made to the County of Anoka of 60 feet from the section line. The applicant provide the City a neIV certificate of title and new legal description. Park dedication of $200 to be paid at time of approval. / u u " Andover Planning and Zoning Commission September 13, 1988 Page Five Chairman Perry stated it would be proper make a motion to recommend approval with conditions attached and then the vote would indicate to the City Council if there was support for that motion. Commissioner Vistad withdrew his motion, approved by the seconder. ~otion was made by Commissioner Vistad restated his motion, seconded by Commissioner Bernard that the Andover Planning and Zoning Commission recommends to the City Council approval of the request of lot split at 1480 Andover Boulevard by Thomas and Marlene Alder for the lot split into a one-acre parcel for the following reasons: That lot contain at least 39,000 square feet of buildable land area. A dedication of Right-of-Way is recommended to be made to the County of Anoka of 60 feet from the section line. The applicant provide the City a new certificate of title and new legal description. Park dedication of $200 to be paid at time of approval. Roll call: Bill Bernard-no, Wayne Vistad-no, Bev Jovanovich-no, D'Arcy Bosell-no, Chairman Perry-no (because according to the ordinances, it was be necessary to have 108,900 square feet, 300 feet of frontage because this property is not in the MUSA boundary). This item will go to the Council on October 4, 1988 with 5-no, O-yes votes. DREHER SPECIAL USE PERMIT PUBLIC HEARING. OUTLOT A, HIDDEN CREEK 2ND ADDITION This is a request by Dreher and Associates for the installation of gas tanks and motor fuel on the property known as Outlot A of Hidden Creek 2nd Addition. The Andover Review Committee will review the site plan in more detail when the applicant is ready to start construction. Commissioner Bosell asked the developer if he intended to put propane tanks In. The response was no. / ~J l) Andover Planning and Zoning Commission September 13, 1988 Page Six Chairman Perry opened the public hearing. Dick Dreher, President of Dreher and Associates, 5275 Edina Industrial Boulevard, made a couple of comments regarding his special use permit request. Mr. Dreher stated it was his intention that the development would be owned long term by his company and it was his desire to be a "good citizen" of the City of Andover. He mentioned he had met with some of the neighbors surrounding the proposed location of the retail center to bring some of their concerns out into the open and these things could be incorporated into their final plan. This would be a small retail center of 11,300 square feet and would meet the needs of the neighborhood. Mr. Dreher wanted it to go on record that the kinds of retail services the City could expect to see would be a superette (a single-pump island), a video store, a barber, a chiropractor. Tim Allen, 13677 Xavia Street, spoke about his uncertainty why a neighborhood grocery area would be needed and he didn't want to see a gas station in that location. There's a danger of explosion as it's right near his house. Susan Manlock, 2435 136th Lane NW, is concerned about the drainage easement if this area is developed. Todd Haas indicated that the natural drainage for that lot is going into direction of Mrs. Manlock's property. Chairman Perry stated that the ordinances require and in the development process, it must be assured that water must not be increased onto other property locations. Commissioner Perry stated that at the time of the plat was approved, this parcel as an outlot was discussed as being a potential commercial site. Doug Manlock, asked why this neighborhood center didn't go on Verdin Street. Chairman Perry indicated this was not an appropriate location and it was recommended that the corner lot for a neighborhood business center was more appropriate. Mr. Manlock asked if the voice of the citizens really mattered. Chairman Perry stated that yes, it did and recommended that the concerned neighbors follow this item up by continuing to attend meetings, and voice their suggestions. She also stated that the Council members are elected by the residents, and that they are sincerely interested in what the residents think and in their concerns. I o u Andover Planning and Zoning Commission September 13, 1988 Page Seven Mr. Dreher wanted to assure the neighborhood that the drainage plan they come up is addressed by not only city staff but the neighbors who might be affected. Ed Ribkis, 13659 Xavia Street wanted to ask the Planning Commission to communicate and require Good Value Homes to inform the future residents of the area how things have been platted out. Chairman Perry stated that Good Value Homes has not been the firm that has sold each of these homes, and it has been difficult for them to know what other realtors may tell future homeowners. Arthur Matla, 13670 Xavia Street, asked who would really benefit from this development. Don Solenbak, 2449 136th Street, doesn't disapprove of this property being developed as proposed. Motion was made by Commissioner Vistad, seconded by Commissioner Bosell to close the public hearing. All voted yes. Motion carried. Motion was made by Commissioner Vistad, seconded by Commissioner Bernard that the Andover Planning and Zoning Commission recommends to the City Council approval of the special use permit requested by Dreher and Associates for the installation of gas tanks and motor fuel on the property known as Outlot A of the Hidden Creek, 2nd Addition. Pertinent to Ordinance 8, Section 7.03 and 4.26, this request is allowed in a Neighborhood Business District. In reference to the service station, the requirement is that 2,000 sq. feet of retail space be constructed prior to the time that service pumps be installed and it is the intent of the developer to meet that requirement. A public hearing was held, and there was opposition to the request before the Planning Commission. The site plan will be reviewed by the Andover Review Committee at the time of development and will pertain to such items as parking, requirement setbacks, green space, etc. All voted yes. Motion carried. This item will go to the Council on October 4th. ) u u .' Andover Planning and Zoning Commission September 13, 1988 Page Eight VARIANCE/HOFFMAN The Planning Commission was requested to review the request for a sign to exceed the maximum square footage allowed per Ordinance 8, Section 8.07. Chairman Perry confirmed that the ordinance indicated 24 square foot requirement for a sign in a residential area, and the sign could be 10 feet high from ground level. She asked Mr. Hoffman if he had considered a sign of lesser dimensions. Mr. Al Hoffman said they could consider an 8' x 8' sign. Commissioner Bosell stated there was another sign off of Hanson (North Lexington) that will have to be taken down because it was illegally put up and does not meet the requirements of size in Ordinance 8. Commissioner Bosell suggested that the Hoffmans could put more than one sign on their property, and this would still meet with the ordinance requirements. Chairman Bosell indicated that there are no hardships that could be used in granting this variance. Chairman Perry asked if the applicant would want to withdraw his request, then he could get his fee refunded if no monies were spent. The commissioners indicated they would vote no on this motion, giving Mr. Hoffman an opportunity to withdraw his request. Chairman Perry stated that because Mr. Hoffman was representing a corporation, the request could be tabled so he would have time to review this item with the officers of the corporation. Motion was made by Commissioner Vistad, seconded by Commissioner Jovanovich that the Andover Planning and Zoning Commission recommends that this item be tabled to the next Planning meeting or if the Hoffman Brothers Sod choose to withdraw their application, they could notify the City in writing by that time. All voted yes. Motion carried. Commissioner Bernard suggested that Mr. Hoffman work with the sign company in developing a sign to achieve the 24 foot square feet, in accordance with the ordinance. '--) u \ Andover Planning and Zoning Commission September 13, 1988 Page Nine " SPECIAL MEETING It was agreed by Commission members to have a special meeting on October 4th to discuss: Ordinance 8, Mining Vegetation Permits, Ordinance as it pertains to non-conforming structures and their enlargement, and to meet new City Planner. ADJOURNMENT Motion was made by Commissioner Bernard, seconded by Commissioner Vistad to adjourn the Planning Commission Meeting at 10:22 p.m. Respectfully submitted, , (//-441?-~ (Plan.lO)