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HomeMy WebLinkAboutOctober 4, 1988 :)J~ / \ ,j o o CITY of ANDOVER SPECIAL PLANNING AND ZONING COMMISSION MEETING - AGENDA OCTOBER 4, 1988 7:30 P.M. 1. Call to Order 2. Ordinance 8 Amendments, continued 3. Mining Permits/Erosion Control Discussion 4. Ordinance 8 Non-conforming Uses and Structures Discussion 5. Ordinance 10 Metes and Bounds Discussion 6. Other Business A. Setbacks B. Motions C. ATV Definitions 7. 8. Adjournment o o :_) "Cj.\ CITY of ANDOVER PLANNING AND ZONING COMMISSION SPECIAL MEETING MINUTES OCTOBER 4, 1988 The special Andover Planning and Zoning Commission meeting was called to order by Chairman Marjorie Perry at 7:30 p.m., Tuesday, October 4, 1988, in the Conference Room of Andover City Hall, 1685 Crosstown Boulevard N.W., Andover, ~innesota. Commissioners present included Chairman Marjorie Perry, Becky Pease, Bev Jovanovich, d'Arcy Bosell, Bill Bernard, and Don Jacobson. ORDINANCE 8 AMENDMENTS. CONTINUED Chairman Perry stated that the changes to Ordinance 8 had gone to the Council and asked if the Planning Commission members had any further changes or revisions. Don Jacobson had a concern with the language on page three, Section 5.04 wherein it states that "economic considerations alone shall not constitute an undue hardship." Mr. Jacobson felt the word alone should be deleted from that sentence. Ms. Bosell stated that this wording was from the language used in the state statutes. Dave Almgren, Building Official, stated that the Commission should be careful before making any changes to Section 4.05 Accessory Buildings and Structures. He had a concern in amending the ordinance to read "a maximum of two (2) accessory buildings per lot are permitted in all residential districts." He did not feel any reason to change the present language for this Section. He also stated if the Commission was inclined to use this language, to make it applicable to R-3 and R-4 zoning, instead of R-2. There was some discussion as to whether agricultural buildings were defined as an accessory building. Ms. Bosell stated that agricultural buildings were not considered accessory buildings. Also Ms. Bosell was concerned, if this amendment was passed, that it may prove difficult for the City of Andover to enforce. C) The Planning Commission agreed to change Section 4.05 (B) to read, "A maximum of two (2) accessory buildings per lot are permitted in R-3 and R-4 districts. o u \ Andover Planning Rnd Zoning Commission Special Meeting Minutes - October 4, 1988 Page T\Vo The Commission also discussed Section 4.15, Setbacks Along Arterials. They agreed to make the follo\Ving change in that paragraph to read: "Along streets designated as "arterial" in the adopted Comprehensive Plan, the minimum setback from the arterial for all buildings should be 50 feet from the planned right-of-way line. Where the right-of-way \Vidth has not been established on the City Street Plan, a 110 foot minimum setback from the section line and/or center line of all existing art,erials shall be required." There was also discussion on Section 6.02 regarding lot width at front setback line for R-4 zoning, and it was a~reed to change the number of feet from 80 feet to 90 feet. Also the "any yard set back" (arterial) should read for Rl, R2, R3, R4, R5, M1, M2 and a change from 40 feet to 50 feet should be made. It was recommended by ~s. Bosell to leave Section 4.05 (K) as it is currently written, \Vith no amended changes 1n reference to the gnrden sheds. A motion was made by Commissioner Jacobson, seconded by COI~missioner Bernard that the Andover Planning and Zoning Commission recommends to the City Council thnt Section 4.05 of Ordinance 8 remain the same as currently written, that Section 4.15 (Setbacks) be changed pursuant to the discussion above, and that the Section 6.02 on lot width be also changed pursuant to the discussion above. Under Section 5.04, Variances and Appeals, the \v'ord "alone" in reference to economic considerations as discussed above, should be deleted from paragrnp!1 five in Section 5.04. All voted yes. Motion carried. MINING PERMITS/EROSION CONTROL DISCUSSION It was requested that the Andover Planning and Zoning reV1ew the mining and site development sections of Ordinance 8 and 10. Ms. Bosell asked if there \Vas a place where stockpiled somewhere, perhaps the landfill site. was not sure if this was a possibility. fill could be Dave Almgren , / , , , J ./ CJ u Andover Planning and Zoning Commission Special Meeting Minutes - October 4, 1988 Pagc' Three Chairman Perry reported that a question was raised at the City Council whether the City of Andover could require a developer to sell his fill to the City, for less money than he could ob~ain elsewhere. Commissioner Bernard didn't feel the City could make such requirements of developers. Commissioner Jacobson stated that the City could, in the mining permit process, require developers to reserve 10% of fill to the City, ~n lieu of a mining permit fee. Ms. Bosell stated that the Council passed this agenda item onto the Planning Commission, expressing their concern in reviewing the mining and site development ordinance, that the natural vegetation be left in place and the natural appearing contours will remain when the site is completed. Chairman Perry asked why this item was back on the agenda, as it was her recollection that tile Planning Commission had already addressed those issues and incorporated some language in amending Ordinance 10. Todd Haas also verified that he believed the Council did table this item without ever reviewing it. There were a couple of items discussed on the amended Ordinance that ',~as included in the agendR packet. In section 17.02 (n) it wns agreed by all the Planning Commission members to add the word "the" in this item. Also in Section 17.02, subsection (e) second sentence should be changed to read, "No area shall be left denuded for a period longer than the five days from initial grading on critical erosion areas. In addition, Section 17.03 Financial Guarantee, second sentence, it was agreed by the Planning Commission to add the words "51,000 of the total amount. In Section 17.04, the percent should be changed from 100% to 10%." A motion was made by Commissioner Bernard, seconded by Commissioner Pease to make the changes and corrections as listed above to the Amendmellt to Ordinance 10, and then send this item on to the Council as an agenda item for their review. All voted yes. ~otion carried. ORDINANCE 10 METES AND BOUNDS DISCUSSION The Plannill~ Commission HilS requested to review thejJrites and Bounds descriptions of Ordinance 10 ilnd determine how the City of Andover could protect future development from problems created by metes and bounds lot subdivisions. (J u \ Andover Planning and Zonin~ Commission Special Meeting Minutes - October 4, 1988 Page Four Ms. Bosell stated that she disagreed with Mr. Schrantz' proposal as indicated in the City Couricil August 2, 1988 minutes, in which he proposed assessing for the use of the road or requiring a driveway permit or connection charge, so properties / such as the Saarenpaas\ don't get a free ride. He then suggested they dedicate an easement on the proposed five-acre piece. She stated that this suggestion is contrary to what the ordinance allo\vs. Commissioner Jacobson suggested that the City Staff review the language used in the state statues and allow the Planning Commission to further review this item at the next Planning Meeting on October 11. OTHEH BlJS P,ESS Makinq the Motion Jay Blake stated that he had spoken with the League of Minnesota Cities and they indicated that the new rules of approving every motion is rarely used, and that it is a more confusing way to make the motion. It was agreed by the commissioners to continue with their current practice of making motions. ATV Ordinancp r\mendmel}..t Jay Blake called the City of Champlin as they have adopted a similar ordinance as the City of Andover is now considering in regard to the handicapped provision. The City of Champlin has had no problems with their ordinance. Commissioner Jacobson still raised his concern regarding the definition of a "handicapped" person. Commissioner Bernard asked if it really made a difference - if the person takes the time and effort to get the permit and then to follow the regulations, there should not be any problems. The commissioners agreed to table this item until the next regular Planning Commission Meeting, as Commissioner Vistad was not present to give his thoughts on the matter. Ordinance 8 / Chairman Perry asked Dave Almgren to submit a memo to the Planning Commission on his additional concerns within Ordinance 8, Section 4.05 that he would lil,e to see revised. r\ '-~ ~-.J '. ! Andover Planning and Zoning Commission Special Meeting Minutes - October 1, 1988 Page Five A motion was made by Commissioner Jacobson to adjourn the Special Planning Commission Meeting at 10:15 p.m. Respectfully submitted, (Plan.12) J/lU,(..:Ld-J2/0