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HomeMy WebLinkAboutOctober 11, 1988 ,. ) '----' () o o {;i7\ '.. '1'\ CITY of ANDOVER REGULAR PLANNING AND ZONING COMMISSION MEETING - AGENDA OCTOBER 11, 1988 The Planning and Zoning Commission of the City of Andover, Minnesota will hold their regular meeting on Tuesday, October 11, 1988 at the City Hall Offices, 1685 Crosstown Blvd. The meeting is scheduled to begin at 7:30 p.m. 7:30 P.M. 1. Call to Order 2. Approval of Minutes 3. PUBLIC HEARING: Holm/Raudio: Rezoning Request 4. PUBLIC HEARING: Holm/Raudio: Preliminary Plat, Red Oaks Manor, Sixth Addition. 5. PUBLIC HEARING: Ordinance 8: Amendment on Accessory Buildings 6. Other Business A. Ordinance 8, Amendments B. Mining Permits/Erosion Control C. Metes and Bounds Lots Splits D. ATV Ordinance, Amendments 7. 8. Adjournment o o ',-",,'(}\ ,'- ') '-...- CITY of ANDOVER PLANNING AND ZONING COMMISSION MEETING MINUTES OCTOBER 11, 1988 The regularly scheduled Andover Planning and Zoning Commission meeting was called to order by Acting Chairman Don Jacobson at 7:30 p.m., Tuesday, October 11, 1988, in the Council Chambers of Andover City Hall, 1685 Crosstown Boulevard N.W., Andover, Minnesota. Commissioners present included Becky Pease, Bev Jovanovich, Wayne Vistad, d'Arcy Bosell, Bill Bernard, and Acting Chairman Don Jacobson. APPROVAL OF MINUTES The minutes for the October 11, 1988 had the following corrections: Becky Pease had a correction on page six, and Becky's remarks should reflect that she stated a special permit, not special use permit. d'Arcy Bosell stated on page five, the largest paragraph, it should read "handicapped person". Mr. Vistad had a correction on page five, the last paragraph should read "ATV's are dangerous on hard surface roads" (take out the words golf carts), A motion was made by Commissioner Bernard, seconded by Commissioner Pease, to approve the minutes for October 11, 1988 as amended. All voted yes. Motion carried. PUBLIC HEARING: HOLM!R.AUDIO: REZONING REQUEST City Planner, Jay Blake, stated that two developers (Holm/Raudio) have applied for rezoning of property located between Red Oaks Manor 4th Addition and Bunker Lake Boulevard. The area is 13.25 acres and is within the Urban Service Area and the land is currently zoned LB, Limited Business District. The developers are proposing rezoning to R-4 that would be compatible to most adjacent land uses. o d'Arcy Bosell had a question concerning that the property is owned by Barbara J. Duerr and Ralph Van Hyning; and although Barbara J. Duerr had sent a letter stating she consented to that use of the property, what vehicle does the City have to ensure that she has the right to allow that use to occur. Barbara J. Duerr, 2143 Bunker Lake Road, stated that Mr. Van Hyning is her uncle and she has po.ver of attorney for him. Mr. Van lIyning owns 12 acres, and she owns two acres. ~) u '\ / AnJover Planning and Zoning Commission October 11, 1988 Meeting Minutes Page Th~O Ms. Bosell asked if Mrs. Duerr could send a copy of the Power of Attorney to the City. Mrs. Duerr stated yes, she could do t,l1:t t . Acting Chairman Jacobson opened the public hearing. Carol Dusell, 2120 138th Avenue NW, asked when the plans for development arc to begin. ~r. Raudio stated he probably would not begin until next Spring and that the homes would be single- family homes. Carol McLean, 2110 138th Avenue NW, asked llbout the price range of the homes to be built. Barbara Duerr stated that her proposed house would be approximately 5100,000 range. A motion was made by Commissioner Pease, seconded by Commissioner Jovanovich to close the public hearing. All voted yes. Motion carried. Commissioner P~ase had a concern about changing the zoning again. Commis~;ioncr ""istad asl,ed the staff, if this zoning \YilS changed, how many areas in the City are left for light business zoning. Mr. Vis tad had a strong feeling that the City should retain this LB zoning because many other LB zoning areas have GC2n eliminated, and the City will soon be left with no LB zoning area. The City Planner Jay Blake made the comment that it was his understanding that this particular district was established to provide a buffer between a heavier commercial district and the residential area - as a transitional zone. ~r. Vistad stated that it might be negative for' the City's future planning to continue eliminating LB districts. Ms. Bosell also shared Mr, Vistad's concern about changing the LD zoning, because in 1981 when this area was rezoned, there was a considerable amount of tllOUght put into changing that property from R-~ to LB. She also stated that the Comprehensive Plan would have to be amended because it states that this area should be retained for Limited Business Use. She also stated that she was not sure if LB use was appropriate because the other areas surrounding this property are zoned R-l. Mr. Jacobson stated that again the adjacent properties were zoned R-l and if the area was left as an L8 district then, it would just be a small island of Lti, ,,-i th hO\lses in the \Vest, to the north, and City property to the east (City wetlands). / o o / Andover Plannin~ and Zoning Commission October 11, 1988 ~eeting ~inutes Page Three ~r. Jacobson also stated that if this area is used as an R-4, that within five years Bunker will be redone to be u four- Inner nnd this would be enough of a buffer between the two districts. He felt the uses on the south side of the road will be changing, eventually to a higher-quality industrial park. Mr. Jacobson's opinion would be to make that area a solid R-4 district. with no businesses in that area. Mr. Art Raudio spoke and stated that he wanted to rezone the property because all of the adjacent properties were residential, and this would be in conformance with the rest of the properties. lie also stated that a considerable amount of the trees could be saved if this property was zOllcd as R-~, and also that the hill in that area would have to be leveled if the property was left as LB zoning. ~Ir. Vistad also brought up a concern about the City's desire to have some senior housing }lrojects developed in the near futtlre, and this nrea might be appropriate for that use. Todd Haas stated that he felt the Planning Commission should table this item in order to review it further and because the Council is discussing the multiple dwellings issue tonight also. A motion was made by Commissioner Vistnd, seconded by Commissioner Pease, to table this item until the next regularly scheduled Planning ~eeting. All voted yes. ~otion carried. PUBLIC HEARING: SI~ ADDITION HOLM/R~UDIO: PRELIMINARY PLAT. RED OA~S M~NOR. Todd Haas stated that the Planning Commission was requested to review the preliminary plat, grading, drainage and erosion control pursuant to Ordinances 8 and 10. The plat consists of 29 single-family residential lots and the plat is within the Metropolitan Urban Service Area. He stated the soils report was not done by a professional engineer and this work was not accepted. The boorings have not yet been received, although the consultant stated they would be here tonight and, therefore, Todd recommends that this item be tabled tonight. \ ) Andover Plannin:~nd Zonin~ Commission ~) October 11, 1988 Meeting Minutes Page Four " Ms. Bosell had a concern on the right of way on Quinn Street. She didn't feel it made sense to reduce the widtll at Bunker, but instead it should be wider to accommodate turning lanes. She felt there should be GG feet from the intersection of Bunker and Quinn to 137th, and then could be reduced to GO feet. Ms. Bosell stated that the plat should have gone to the D~R when it first came to the city hall. Todd Haas stated that the park dedication has been taken care of -- some land was given. Mr. Vistad stated he had a problem with Block 1, Lot G and Lots J, ~, 5 are all butt lots to Lot G. He also thought Block 2, Lot 1 on Quinn Street was an unusual lot, and this could be done better. Ms. Bosell stated that if butt lots 3, ~, 5 are allowed, it could create a problem with accessory structures, as they would be- very visible to lot 6. It was asked of ~jr. Raudio if he had any covenants on these properties. Hr. Raudio stated no, but they're tryin~ to work with the City on the best possible design of lots. Mr. Holm stated that it was very difficult to eliminate butt lots altogether. A motion was made by Commissioner Vistad, seconded by Commissioner Bernard to table this item Ilntil the next regularly scheduled Planning Heeting. This plat was reviewed as an informal discllssion and the public hearing portion will be continued at the next regularly scheduled Planning Meeting. All voted yes. Hotion carried. Acting Chairman Jacobson recessed the meeting for ten minutes at 8:~O p.m. and reconvened the meeting at 8:50 p.m. ORDINANCE 8 .-'I~lENmlENT ACCESSORY STRUCTURE This item was moved to the end of the agenda to see if the Building Official could come in and address his concerns. OTHER BUSINESS ORDI\'A\'CE 8 MIE'JmlENTS Jay Blake stated that some changes were proposed on amendments to Ordinance 8 at the last Special Plannin~ Heeting. TherEc' lS a public hearing scheduled for October 25, 1988. i Andover Planning~__J'ld Zoning Commission U October 11, 1988 ~eetin~ Minutes Page Five ) ~r. Vistad thought that in item ;n, if the lot width requirements are changing from 80 to 90 feet, then the minimum square footage of the lot should also changed to 11,700. It was agreed that Jay should make this change before the public he!1r'ing. Commissioner Bosell asked if, during the varIance process, would it be the applicant's responsibility to provide the names or does it fall with the staff. ~s. Bosell would like the ordinance to state that the applicant provide that information. ~r. Bernard thought that there should be some checks and balances in handling this process, so that all appropriate parties are notified. ORDINANCE 8 A~!ENmlt;i\T\.c:.C.ESSQf{Y STRUCTURE Acting Chairman Jacobson opened the public hearing. ~ls. Bosell stated that one of her requests durinr; the last special meeting was to evaluate pole buildings or accessory buildings inside or outside the MUSA. She presented a map with HUSA boundaries. She felt that there were lots \,ithin the R-3 und R-4 districts that would be restricted from having !1ccessory buildings because of the clHlllges that are proposed. She \wuld like to see the amendment prohibiting the construction of pole buildings in either R-3 or R-4 districts, within the HUSA dLstrict. ~lr. Vist~ad stated that pole bui ldings were an eyesore. :!1'. Vistad recommended that construction of pole barns be prohibited in either R-J or R-i districts. Dave Almgren stated that the purpose of the ordinance was to upgrade the community. Mr. Alm~1'en wanted to take out the language regarding garden sheds. There was a discussion on what constitutes a "permanent" accessory building -- something on a concrete slab is permanent, something on skids is temporary. Dave Almgren was concerned about the tin siding. Dave stated that he was trying to make ~he ordinance fit with the situations that are presently existing in Andover, and by adding "except small garden sheds not exceeding 120 square feet and districts zoned R-3 and R-.l" Hould meet this objective. A motion was made by Commissioner Vistad, seconded by Commissioner to close the public hearing. All voted yes. Hotion carried. j \ d PI ,'\ 1 Z' , ' . l' n over ann1n,. /lnc onlnce; COlClmISSIon October 11, 198B-Meeting Minutes Page S i:~ u " J A motion was made by Commissioner Vistad, that the Andover Planning and Zoning Commission recommends to the City Council the Ordinance 8 changes, Section 1.05 Accessory Buildings and Structures as written. Acting Chairman Jacobson asked if there was a second and because there was none, the motion died for lack of a second. A motion was made by Commissioner Bosell, seconded by Commissioner Bernard that the Andover Planning and Zoning Commission recommends to the City Council adoption of the amendment to Ordinance 8, dealing with Section 4.05 Subsection K as presented with one addition in line four of that paragraph, after R-4, add within the MUSA boundary. There was discussion on the motion. Mr. Vistad asked why Ms. Bosell included the langllage, ",,'ithin the ~jt)SA boundary." She stated that the problem area is not outside the clUS,\ boundary. Also it was agreed to include in the language of the motion presented by Ms. Bosell that a public hearing was held and there was no public input. Also, that the Building Inspector presented to the Planning Commission the rationale behind the recommencJat"ion that has been presented and that the areas of her concern to the maker of the motion are 'vi thin the ~lt)SA boundary and outside the MUSA boundary, the potential conflict is very limited. There was some concern and discussion about adding the language "'vi thin the ~lUSA boundary," and some commissioners felt that it was not necessary to add that phrase and addressed their concerns with where the MUSA line is located. Mr. Jacobson thought that this line Ims a definite line on the map and it would be a clear-cut issue. Ms. Bosell withdrew her motion, and the seconder withdrew also. A motion was made by Ms. Dosell to get a ruling from the City Attorney on the definition of a permanent structure. For lack of it second, this mot ion died. A motion was made bv CommIssioner Jacobson, seconded by Commissioner Vistad to reinstate the original motion made by Commissioner Bosell. '. I , ~J u \ I Andover Planning and Loning Commission October 11, 1988 Meeting Minutes Page Seven Discussion continued regarding the insertion of the languuge "\,ithin MUSA boundaries." Mr. Jacobson stated that he felt Hs. Bosell h'as trying to address in her motion the problem in the small city lots located in the southern part of the city, zoned R-3 and R-~, where people are crowded in. In the northern parts of the city, althougll the lots are zoned R-J and R-~, the lots are generally larger and these structures would be okay. When and if the ~'I\jSA line is changed, there would be more concentrated development and it would be inappropriate to have tllese structures at that time. Otherwise, tile language would be too restrictive, \V'ithout adding "within the "llJSA boundaries." Mr. Vis tad asked Mr. Almgren if this motion presents any problems in enforcing this amendment. He had a concern tllO.t the location of MUSA line should be stated. Commissioners felt that this was not necessary, as long as the motion did not date the MUS A line as of a certain period of time. It was felt that whatever the MUS A line is at the time is the appropriate way to interpret this item. ,,\11 voted yes. Hotion carried. MINING PERMITS EROSION CONTROL There \V'ill be a IJublic hearing held on October 25th and no official action IS required. OI],JU:--iANCE 1 0 ~IETES AND BOUNDS Jay Blake included a copy of state requirements on ~b and that the City of Andover is more restrictive than the state minimum requirements. He recommended that the item be continued because of the need to obtain further information. A motion was made by Commissioner Vistad, seconded by Commissioner Pease to table this motion until the next regularly scheduled Planning and Zoning Meeting. All voted yes. Motion carried. OTHEH BUSDJESS - ATV ORIHNA\'CE A~lENDHENT Mr. Vistad passed out some information to tile commissioners. He stated that other cities had adopted amendments regarding ATV's -- he found in thosp ordinance that they only adopted using motorized golf carts, not ATV's. , , Andover Plannin~..Jnd Zonin:s Commission .....~ October 11, 1988 Meeting Minutes Page Eight ,J \Jr. Vistad stated the literature put out by the manufacturers of the ATV's indicates that ATV's are never to be used on a hard-surfaced road, and recommends that operators be 14 years or older. He also found out that there are no smooth tires available for ATV's. ~r. Vistud stated he would like to see ATV's eliminated from the amendment, and insert, (like the other cities) mororized golf carts. Ms. Bosell stated that the intent of the amendment to include ATV's is to provide mobility for the handicapped. She also said that the intent put out by the manufacturers of ATV's is to promote a recreational vehicle to "ride in the dirt." Ms. Pease had a problem with the administration of the amendment and did not feel it would be necessary for the person to come before rhe Planning Commission to get this permit. She thou~ht it could be handled by the city staff. She also thought there should be a requirement of proof of insurance by the applicant. Also some guidelines regarding hours of operations should be included in this amendment. \11'. Jacobson stated that there arc tHO ls~.;Ues that need to be addressed before the Commission would be ready to vote. 1) Should we allow ATV's to be included in the ordinance or should they be excluded? 2) Should these handicapped persons be required to come before the Planning Commission and City Council? Mr. Bernard stated he liould be in favor of having someone from the Muscular Dystrophy Association speak on this subject. Ms. Bosell stated someone from this association would come out. After a straw ballot, there Here four ,,-es votes in keeping ATV's in the amendment, and two no votes. On the second question above, Mr. Vistad would require a handicapped person to come before the Planning Commission and City Council to obtain a permit (if ATV's Here alloHed for this use.) The other five commissioners tentatively voted no and would not mal~e thnt requirement. It was agreed by the commissioners to direct City Staff to prepare a revised amendment incorporating the language discussed above during the straH vote, including ATV's as an acceptable u~a for the handicapped, and the conditions for obtaining the permit. \ \ j o \ J October 11, 1988 Meeting Minutes Pac;e :--Jine Also it was suggested to invite a representative from the Muscular Dystrophy Association to once again address this issue before a final vote is taken. All voted yes. Motion carried. AD.JOUR\'\IE;\T A motion was made by Commissioner Bernard to aUJourn the Andover Planning and Zoning Commission Meetinq at 9:58 p.m. Respectfully submitted, t2#/J.tt~idf/~ (Plan.13) J