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HomeMy WebLinkAboutApril 27, 1982 ~ REVISED AGENDA ~ ~ 01 ANDOVER o REGULAR PLANNING AND ZONING COMMISSION MEETING APRIL 27, 1982 AGENDA Call to order - 7:30 P.M. Approval of Minutes l. Comm. #2-82-3 Westview Industrial Park Review 2. Comm. #4-82-2 Ordinance 8, Section 5.03 Amendment Public Hearing 3. Comm. #4-82-3 Lloyd Reimann Variance 4. Comm. #4-82-4 Dwell ing Unit Requirements 5. Comm. #3-82-4 Multiples in R-4 Zones, Cont. 6. Comm. #2-82-5 Ordinance 8, Section 6.02 Amendment, Cont. 7. Comm. #12-81-1 Noise Control Ordinance, Cont. 8. Comm. #11-81-1 Firearms Committee Update, Cont. 0 9. Comm. #3-82-5 Ordinance Update Proposals, Cont. o o 0 ~ 01 ANDOVER o REGULAR PLANNING AND ZONING COMMISSION MEETING . APRIL 27, 1982 MINUTES The regularly scheduled Andover Planning and Zoning Commission meeting was called to order by Chairperson d'Arcy Bosell at 7:32 P.M., Tuesday, April 27, 1982 at the Andover City Hall, 1685 Crosstown Boulevard N.W., Andover, Minnesota. Commissioners Present: Apel, Anstett, Perry, Randklev, Spotts Also Present: Dennis Bjorngjeld; George Pitman; Lloyd Reimann; Frank Padula; others Approval of Minutes April 13, 1982 MOTION by Perry, seconded by Spotts to approve the minutes of April 13, 1982 as written. Vote on motion: Yes - Perry, Spotts, Bosell; Present - Anstett, Apel, Randklev. Motion carried. Apri 1 20, 1982 MOTION by Anstett, seconded by Randklev to approve the minutes of April 20, 1982 as written. Vote on motion: Yes - Anstett, Perry, Randklev, Spotts, Bosell; Present - Apel. Motion ca rri ed. o Westview Industrial Park Review (Comm. #2-82-3) Chairperson Bosell noted that City Engineer Jim Schrantz reviewed the well log for the building already on this property and it satisfied his questions regarding the soil borings. A grading plan has been submitted which is compliant; a letter of consent from the fee owner has been provided. She noted that the items left to be done on the plat are: the type of surface and width of 161st Avenue to the west of the plat needs to be shown and the rear yard setback shown on the plat is actually a side yard setback and only needs to be 10 feet. Dennis Bjorngjeld asked what the next step is after the preliminary plat is approved by the City Council. Chairperson Bosell noted that the grading and filling is normally done between the time the preliminary is approved and the final plat is submitted. The above changes will be made on the plat and will go to the City Council on May 4, 1982. Ordinance 8, Section 5.03 Amendment Public Hearing (Comm. #4-82-2) Chairperson Bosell opened the Public Hearing. She noted that the Commission has already sent to the City Council an amendment to Ordinance 8 to allow beauty salons and barber shops as in-home occupations in non-sewered areas. Commissioner Perry felt that the section dealing with off street parking should be more specific. Chairperson Bosell suggested the following: 'parking requirements as set out in Ordinance 8, Section 8.08.' o Other items that should be included in the amendment are: owner-occupant; conditions of Special Use Permit on file with title at county; upon sale of the premises, termination of the Special Use Permit would occur. Planning and Zoning Commit ._.! Meeting April 27, 1982 - Minutes Page 2 L~ ,'-'\ (Ord. 8, Sec. 5.03, Cont.) "--../ Linda Mills, 4471 - 148th Lane N.W. - in-home beauty salons were approved. same as is being suggested tonight. asked what criteria was followed when the existing Chairperson Bosell noted that the criteria was the MOTION by Anstett, seconded by Apel to close the public hearing. Motion carried unanimously. MOTION by Perry, Seconded by Randklev that the Andover Planning and Zoning Commission recommend to the City Council adoption of an amendment to Ordinance 8, Section 5.03, as presented. A public hearing was held and there was no opposition to the proposed amendment. Motion carried unanimously. This will go to the City Council on May 4, 1982. Lloyd Reimann Variance (Comm. #4-82-3) Lloyd Reimann, 2813 - 142nd Avenue N.W. - noted that he is requesting a variance on the property at 3121 - 161st Avenue N.W. They added a storage section onto the liquor store and it is only 1.5 feet from the lot line. Chairperson Bosell noted that on the drawings received by the Commissioners that the lot is shown as being split into Parcel A and Parcel B. She asked Mr. Reimann who did the lot split. Mr. Reimann stated that he did not know; the property was split when he bought it. / " Commissioner Perry asked if a sketch had been submitted when the building permit was :'-..-) applied for. Mr. Reimann noted that one was submitted. Commissioner Anstett asked how long it took to put the building up. Mr. Reimann noted it was about a week. Chairperson Bosell noted that in order to approve a variance, the criteria states that it must have to do with the characteristics of the land; it must be necessary to the reasonable use of the land; and it cannot adversely affect the existing or potential use of adjacent land. She felt that this variance would have an adverse affect on Westview Industrial Park. If someone builds on the lot west of the liquor store, they will have to move their building further to the west for fire fighting, emergency vehicles, etc. George Pitman, 15566 Kiowa Street N.W. - expressed concern that with the ponding that is required of the industrial park, the building will have to be built on the eastern part of the lot. Dennis Bjorngjeld - noted that this presents a problem for them because of the county requirement for 50 foot easements, the setback requirements, the ponding and the county requirement that the driveway for this lot be on the eastern part of that lot. Chairperson Bosell left the meeting to ask the City Engineer about the ponding. Commissioner Perry noted that Mr. Reimann has suggested that they might have a zero lot line with Lot 2 of the Industrial Park. , , '----' Chairperson Bosell stated that City Engineer Schrantz determined that on the ponding in the Westview Industrial Park, as long as they stay above the 894 elevation it doesn't make any difference where the building is put. He also that that if the city requires that Westview Industrial Park is required to have a 20 foot setback from the side yard rather than 10 feet, there should be some compensation. An alternative is that Mr. Reimann purchase -' ,.-' Pl . d Z . C .l.) M . annlng an onlng ommlsslon eetlng April 27, 1982 - Minutes Page 3 l~ , .~ (Reimann Variance, Cont.) , '- .../ that 10 feet. Mr. Reimann stated that by buying that 10 feet, he would not be helping the situation as the Industrial Park would then have less land to work with. Frank Padula noted that the ponding area in Westview Industrial Park is the only ponding area for the entire industrial park area. Discussion continued on the ponding area and the adverse affect on the industrial park that approval of this variance would have. MOTION by Anstett, seconded by Randklev that the Andover Planning and Zoning Commission recommend to the City Council denial of a variance being requested by Lloyd Reimann for the property located at 3121 - 161st Avenue N.W. The request does not comply with Ordinance 8, Section 5.04 inasmuch as a hardship is not created due to the topography; it will adversely affect the neighbor's potential to the west due to the 3 acre feet ponding which will most logically be placed on the western portion of the neighbor's lot to compensate for drainage in a 100 year flood; the property owner to the west has expressed concern that his property will be losing flexibility in building layout because of the anticipated need to have a 20 foot side yard setback; the Comprehensive Plan indicates maintaining rural open spaces in the rural area; the variance is not necessary for the reasonable use of the land. Discussion: Commissioner Apel suggested that this item be tabled until more information can be obtained regarding the ponding, etc. and also to see if it is proper to make a ~ 'motion to deny a request rather than making a motion to approve and then deny it by the vote. \j Recess 8:55; Reconvene 9:08 Chairperson Bosell noted that during the break she spoke to the City Clerk who said that it is proper to make a motion denying a request. Vote on Motion: Yes - Perry; Randklev; Anstett; Bosell; Spotts; No - Apel. Motion carried. This will go to the City Council on May 18, 1982. Chairperson Bosell noted that the most proper way of resolving this problem would be for Mr. Reimann to attempt to purchase the additional 10 feet on the Westview Industrial Plat so that he meets the side yard setback requirement. The reason for the 10 foot setback is not only for vehicles driving through but to prevent a fire from hopping from one building to another. Mr. Reimann stated that a fire wall will do the same thing. Multiples in R-4 Zones, Cont. (Comm. #3-82-4) The Commissioners reviewed the draft ordinance and suggested that the following items be added: conditions of Special Use Permit be on file with the title at the County; add the word dwelling at the end of the second sentence so that it reads I 7,000 square feet for each dwelling unit'; add 'including garage' after parking so it reads 'off-street parking, including garage, for 4 cars'; subject to annual review. A public hearing will be held on the revised amendment on May 11, 1982. (- -\ '-_) Ordinance 8, Section 6.02 Amendment, Cont. (Comm. #2-82-5) The secretary was asked to contact the City Attorney to obtain clarification of the legis- lation allowing mobile homes and manufactured housing in cities. lJ Planning and Zoning Commission Meeting April 27, 1982 - Minutes Page 4 "(Ord. 8, Sec. 6.02, Cont.) '----' Commissioner Spotts noted that because of permit costs and other charges on building permits lot sizes are going to get smaller. l~ Commissioner Perry noted that Metropolitan Council feels we should have smaller lot sizes but those lots that are small should be within or adjacent to serviced areas. This item will be continued on May 11, 1982. Noise Control Ordinance (Comm. #12-81-1) Several changes were made in the draft ordinance including the exclusion of Section I, and taking a section from the City of St. Paul ordinance regarding noise and several minor changes. MOTION by Perry, seconded by Spotts that the Andover Planning and Zoning Commission forward for review to the City Attorney a copy of an Ordinance Relating to Noise, Providing for the Elimination and Prevention of Prohibited Noise,a~d Imposing Penalties for Violation. After such review by the City Attorney, the ordinance be forwarded to the City Council for their consideration and adoption. The ordinance does not include limitations as to the hours of enforcement but that was a concern of some of the Planning Commissioners and it was suggested that the City Council address that issue along with consideration of the ordinance as recommended. / -, The purpose of this ordinance is to satisfy the concern expressed to us by the City Attorney \_~ relating to noise in general and noisy parties, specifically the City Attorney's concern with prosecution of individuals involved in noisy parties. Motion carried unanimously. This will go to the City Council on May 18, 1982. Firearms Committee Update, Cont. (Comm. #11-81-1) This item will be continued on May 11, 1982 at which time Commissioner Apel hopes to have a draft ordinance ready for the review of the Planning Commission. Ordinance Update Proposals (Comm. #3-82-5) Commissioner Spotts noted that he called several of the references listed on the proposals. Inasmuch as the proposal from Howard Dahlgren Associates was just received, this item will be continued on May 11, 1982. MOTION by Anstett, seconded by Perry to adjourn. Motion carried unanimously. Meeting adjourned at 10:52 P.M. Respectfully submitted, , '1 LL f./O ,_/ Vicki Volk, Recording Secretary