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HomeMy WebLinkAboutMay 24, 1983 :0 o o 0 e<<, 01 AN DOVER REGULAR PLANNING AND ZONING COMMISSION MEETING MAY 24, 1983 AGENDA Call to order - 7:30 P.M. Approval of Minutes - May 10, 1983; May 12, 1983 1. Comm. #4-83-6 Anoka County Parks Department Special Use Permit Public Hearing, Cant. (<-0 0 e<<, 01 ANDOVER c; REGULAR PLANNING AND ZONING COMMISSION MEETING MAY 24, 1983 MINUTES The regularly scheduled Andover Planning and Zoning Commission meeting was called to order by Chairman d'Arcy Bosell at 7:33 P.M., Tuesday, May 24,1983 at the Andover City Hall, 1685 Crosstown Boulevard N.W., Andover, Minnesota. Commissioners Present: Commissioners Absent: Also Present: Apel, Perry, Schreiner, Spotts Knutson, Rogers Dave Almgren, City Building Inspector; David Torklldson, Anoka County Parks Department; Bob Hockinson; Dennis Neimann; others Approval of Minutes May 10, 1983 MOTION by Perry, seconded by Spotts to approve the minutes of May 10, 1983 as written. Motion carried on a 3 yes, 2 present (Bosell, Schreiner) vote. May 12, 1983 MOTION by Spotts, seconded by Perry to approve the minutes of May 12, 1983 as written. Motion carried on a 4 yes, 1 present (Schreiner) vote. Anoka County Parks Department Special Use Permit Public Hearing, Cont. (Comm. #4-83-6) David Torkildson, Department of Parks and Recreation for Anoka County, 550 Bunker Lake Blvd. - stated they are asking for a permit to install three 560 gallon tanks in the ground adjacent to their new maintenance shop. One tank will be for gas, one for diesel and one for waste oil. This is part of their overall Comprehensive Plan that was approved by the City. Dave Almgren, Building Inspector - noted that there are also three 10,000 gallon tanks going in on the west side of the building. Chairman Bosell asked what the 10,000 gallon tanks will be used for. Mr. Torkildson stated that they are for diesel and gas. The others (560 gallon tanks) are for heating oil and waste oil. Chairman Bosell noted that the City Council said the County could start installing the tanks before the Permit is issued if the Fire Marshal and Building Inspector inspected them. Commissioner Schreiner asked if the county had obtained a permit from the state for the tanks. Mr. Torkildson noted that they contacted the state and they said that if the tanks are used for the shop only, a permit is not required. He also checked with the surrounding communities, and the only city requiring a special use permit is Andover. Commissioner Schreiner asked if there is going to be a testing site. Dave Almgren stated that there will be. n ,-,~OTION by Spotts, seconded by Apel to close the public hearing. Motion carried unanimously. MOTION by Perry, seconded by Spotts that the Andover Planning and Zoning Commission recommend u u Regular Planning and Zoning Commission Meeting May 24, 1983 - Minutes Page 2 \ I -\County Special Use Permit, Cont.) to the City Council approval of a Special Use Permit requested by the Anoka County Parks Department to install three 10,000 gallon tanks on the west side of the maintenance building at 1350 Bunker Lake Boulevard N.W. and three 560 gallon tanks on the east side of the building. A public hearing was held and the Andover Building Inspector was present and stated that the plans had been approved by the Building Department and Fire Marshal and the building inspector is staying in contact with the Parks Department during the construction states. The Special Use Permit would be pursuant to Ordinance 8, Section 4.26. The granting of the Special Use Permit would not affect the health or welfare of the citizens nor would it have an adverse affect on property values. Motion carried unanimously. This will go to the City Council on June 21, 1983. Dave Torki1dson noted that after looking at the plans, the three 10,000 gallon tanks will be used for regular gas, diesel, and unleaded gas. The building will be heated by gas. Chairman Bose11 noted that at the last City Council meeting, the Council sent some items back to the Planning Commission. One of the items is the Hockinson Lot Split and Rezoning. The Mayor had asked Mr. Hockinson if he was desirous of leaving the western piece of the property zoned Neighborhood Business. Mr. Hockinson had stated that he was under the impression that he had to rezone the entire property in order to get a lot split. The City Attorney said he could split the lot and only rezone the eastern parcel if the lot split and rezoning are both done at the same time. On the drawings that the Planning Commission and City Council had, the side yard setback was only 6 feet instead of the required 10 feet. On the new drawings received tonight, this has been corrected. Bob Hockinson, 13305 Crooked Lake Boulevard - stated that he would like to leave the western parcel zoned Neighborhood Business as he would eventually like to start a business at that location. MOTION by Ape1, seconded by Spotts that the Andover Planning and Zoning Commission recommend to the City Council approval of a rezoning request by Robert W. Hockinson, 13305 Crooked Lake Boulevard N.W. to rezone Parcel A, pursuant to a registered survey #12263, from Neighborhood Business to Residential R-4 pursuant to Ordinance 8G, Sections 5.02 and 5.03. Reasons for approval are: 1) The proposed use will not be detrimental to the health, safety or general welfare of the community; 2) It will not cause serious traffic congestion or hazards; 3) It will not seriously depreciate surrounding property values; 4) It is in harmony with the general purpose and intent of the zoning ordinance and the Comprehensive Plan. Approval is contingent on a lot split based upon the registered survey being granted. Motion carried unanimously. This will go to the City Council on June 7, 1983. MOTION by Schreiner, seconded by Spotts that the Andover Planning and Zoning Commission recommend to the City Council approval of a lot split requested by Robert W. Hockinson, 13305 Crooked Lake Boulevard for the property described as Lot 11, Auditor's Subdivision Number 37, pursuant to Ordinance 40, for the following reasons: 1) It is in conformance with the Comprehensive Plan; 2) All the necessary provisions of the Lot Split Ordinance have been met. A $100 park dedication fee is required. Approval of this lot split is contingent upon the rezoning requested in the previous agenda U Planning and Zoning Commission Meeting May 24, 1983 - Minutes Page 3 '-1 '\ ~Hockinson Lot Split, Cont.) item (Parcel A to Residential R-4 and leaving Parcel B as Neighborhood Business). Motion carried unanimously. This will go to the City Council on June 7, 1983. Dennis Niemann Variance Chairman Bosell noted that this is another item that the City Council referred back to the Planning Commission. Dennis Niemann, 2421 - 179th Avenue N.W. - stated that basically what happened is that he and the Building Inspector were measuring from two different points as far as the location of the garage. His measurements were from the centerline of the road and the building inspector's were from the property 1 ine. The motion made by the City Council states that the garage will be placed approximately 132 feet from the property line, when it actually should be only about 84 feet. Mr. Niemann suggested that rather than changing the ordinance, the part dealing with accessory buildings being in front of the principal structure should just be eliminated. He stated that with the setbacks, 43,800 square feet of his property is restricted from him doing anything with. Chairman Bosell noted that she and the building inspector came up with a formula to use in cases like Mr. Niemann's. In the rural residential area, the minimum front yard setback is always 40 feet. If the person puts their house back greater than 40 feet and then later he wants an accessory building, you take 121 feet from the property line, subtract 40 from that 121 feet and you end up with 81 feet. You take 3/4 of that (60'), add the 40 foot setback and he could put the building 100 feet from the property line. Commissioner Perry suggested either taking that section out of the ordinance if the Planning Commission feels it is advisable for people in the rural area to build in front of the house or leave it as it is and make a recommendation to the Building Inspector that whenever someone applies for a building permit, they are made aware of that part of the ordinance. She suggested that maybe they could sign a statement saying they are aware of the ordinance. Mr. Niemann noted that if he puts the garage where he wants it, all of his buildings will be on 1/3 of his property and if he splits it in the future there won't be a problem with the buildings. He also noted that there are a lot of trees between the proposed garage and the property line and when they mature, you won't be able to see the garage. He also felt that that section of the ordinance might be valid in the urban area but not in the rural area. Commissioner Schreiner didn't feel that the ordinance should be changed as it serves the purpose now. Chairman Bosell noted that when the City Council sent this item back to us, nothing changed except for the numbers. Mr. Niemann noted that according to our ordinance, he could build the garage where he wants and attach it to the house with a breezeway and he wouldn't need a variance. Commissioner Perry suggested sending a memo to the City Council stating that although the . ~~iginal statement was that the garage will be 132 feet from the property line, further . /vestigation has indicated that 132 feet was not an exact measurement and that the garage will be constructed in line with the parking apron that is already on the property. Pl . d Z . C . . ( ) t. anmng an onlng ommlsslon l'lee lng May 24, 1983 - Minutes Page 4 u /~iemann Variance, Cont.) Commissioner Spotts felt that Commissioner Perry's suggestion was a good idea. It was the concensus of the Commission that Commissioner Perry's suggested memo be sent to the City Council on June 7th. Mr. Niemann noted that he is possibly going to be building a warehouse type building in the future and asked what kinds of questions he should ask the city in order to find a place to put this building. Commissioner Spotts suggested asking what he cannot do. Commissioner Perry suggested calling the city, explaining the type of business and see where it would be allowed. Recess 9:12 - Reconvene 9:20 Accessory Building Setbacks Chairman Bosell stated that the City Council tal ked about this at their May 3rd meeting. They are looking for the Planning Commission to determine some numbers so that in the rural area the rules are different than in the urban area as far as accessory buildings are concerned. She stated that she and the building inspector came up with the formula previously mentioned. The commissioners received some variances tonight that were dealt with in the past and she asked them to apply the formula to these variances to see what would have happened. The Planning Commission has to come up with some way of dealing with accessory buildings in the rural area. Commissioner Apel felt that we cannot control the rural area the same as we control the urban area. Chairman Bosell noted that this is the fourth time since she has been on the Commission that this item has been sent to the Commission. She felt that perhaps we should just leave the restriction but change the criteria for granting a variance. Commissioner Spotts felt we should find out what other communities do about accessory buildings in front of the principal structure. This item will be discussed at the Commission's special meeting on May 31, 1983. Chairman Bosell asked the secretary to call Barton-Aschman to see if they have done anything on accessory buildings yet and if they haven't, not to do anything. MOTION by Spotts to adjourn. Motion carried. Meeting adjourned at 10:20 P.M. Respectfully submitted, ,J:z. /VL/ )cki Volk, Commission Secretary