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HomeMy WebLinkAboutMay 25, 1982 n '-- o o C) 0 e<<, 01 ANDOVER REGULAR PLANNING AND ZONING COMMISSION MEETING MAY 25, 1982 AGENDA Call to order - 7:30 P.M. Approval of Minutes - May 11,1982 l. Comm. #5-82-2 Carl Stromer Variance 2. Comm. #5-82-3 Blake Contracting Special Use Permit Public Hearing 3. Comm. #5-82-4 Vicky Pieper Variance 4. COrml. #3-82-4 Ordinance 8, Sections 5.03 & 7.03 Amendment Public Hearing, Cont. 5. Comm. #4-82-4 Dwelling Unit Requirements 6. Comm. #11-81-1 Firearms Ordinance o 0 e<<, 05 ANDOVER o REGULAR PLANNING AND ZONING COMMISSION MEETING MAY 25, 1982 ~lINUTES The regularly scheduled Andover Planning and Zoning Commission meeting was called to order by Chairperson d'Arcy Bosell at 7:32 P.M., Tuesday, May 25,1982 at the Andover City Hall, 1685 Crosstown Boulevard N.W., Andover, Minnesota. Commissioners Present: Commissioners Absent: Also Present: Apel, Perry, Randklev, Spotts Anstett City Engineer, James Schrantz; Carl Stromer; Jerry Freeman; Vicky Peiper; others. Approval of Minutes May 11, 1982 MOTION by Apel, seconded by Perry to approve the minutes of May 11, 1982 as written. Motion carried unanimously. Carl Stromer Variance (Comm. #5-82-2) Carl Stromer, 13336 Gladiola Street N.W. - stated that he is requesting so that he can pour a cement slab under his existing deck and extend the cement out 10 to 12 feet for a hot tub or spa. The upper portion will be a glass roof for solar heat. The variance c=> is needed because it will be closer to the lake than is allowed in our ordinance. Chairperson Bosell noted that she didn't feel that Mr. Stromer needed a variance because Ordinance 8, Section 4.06 deals with permitted encroachments and she felt that this was a permitted encroachment. Commissioner Apel also felt that the variance was unnecessary. MOTION by Apel, seconded by Spotts that the request for a variance requested by Carl Stromer of 13336 Gladiola Street N.W. be withdrawn because it is the feeling of the Planning and Zoning Commission that in this instance no variance is required pursuant to Ordinance 8, Section 4.06 (B) and (G), Permitted Encroachments. The section of the ordinance seems to provide all of the basics necessary for Mr. Stromer to construct his patio and spa. It is also recommended that Mr. Stromer's application fee be refunded. Motion carried unanimously. This will go to the City Council on June 15, 1982. Blake Contracting Special Use Permit Public Hearing (Comm. #5-82-3) Chairperson Bosell opened the Public Hearing. Jerry Freeman, 13533 Jay Street NW - stated that they would like to grade and remove extra dirt from 13533 Jay Street in order to make a parking lot. Chairperson Bosell noted that the ordinance requires a finished grade plan and the route that the trucks hauling the dirt will take. She asked Mr. Freeman if he has provided these o items. Mr. Freeman noted that the finished grade should be on the drawing that the Commissioners received. Chairperson Bosell asked City Engineer Schrantz if the drawing constitutes a Planning and Zoning Commissi~eeting May 25, 1982 - Minutes Page 2 u ~_~(Blake Contracting, Cont.) final grade plan. City Engineer Schrantz felt that it did. Chairperson Bosell noted that the truck route must be provided. City Engineer Schrantz noted that the truck route is required so that the streets are not damaged. He suggested that they go north on Jay Street to Bunker Lake Boulevard and then east or west on Bunker Lake Boulevard. He noted that he revised the contour map provided by Mr. Freeman. He noted that the water was draining in three different directions; now it will run down by Kottke's Bus Company; that area is capable of handling it. There should not be too much of a dust problem. Don Boeke, 13414 Jay Street N.W. - noted that Jay Street is getting rough again and with trucks going up and down it, it's going to get worse. Commissioner Perry asked if the topsoil and seeding in the parking lot will be adequate for having road construction equipment in their. City Engineer Schrantz noted that it will be adequate. MOTION by Perry, seconded by Randklev to close the public hearing. Motion carried unanimously. MOTION by Apel, seconded by Perry that the Andover Planning and Zoning Commission recommend to the City Council approval of a Special Use Permit requested by Blake Contracting to remove in excess of 400 cubic yards of dirt from the property located at 13533 Jay Street. The proposed use will not be detrimental to the health, safety or general welfare of the .. . community; it wi 11 not cause seri ous traffi c congestion or hazards; it wi 11 not seri ously ~~depreciate surrounding property values; it is in harmony with the general purpose and intent of the zoning ordinance and the Comprehensive Plan; a public hearing was held and there was no real opposition; the request is compliant with Ordinance 8, Section 4.24. The Special Use Permit is subject to Mr. Freeman using the following route for his trucks that are hauling the dirt: North on Jay Street to Bunker Lake Boulevard and east on Bunker Lake Boulevard. Also that he pay particular attention to the grading plan as adjusted by the City Engineer. Consideration shall be given to the parking lot surface such as seeding of the topsoil to reduce the dust on the adjoining properties. Mr. Freeman's drawing will serve as a final grading plan and will be attached to the Special Use Permit. Motion carried unanimously. This will go to the City Council on June 15, 1982. Chairperson Bosell noted that Mr. Freeman had talked to Councilman Orttel about using his drawing as a sketch plan so that he can plat his property. They want to split it in half so they can build another building. The property is 327.9' x 660', which is approximately five acres. Chairperson Bosell told Mr. Freeman the things he needs to to in order to plat his property. Vicky Pieper Variance (Comm. #5-82-4) Vicky Pieper, 10340 Maple Lane, Maple Grove - noted that she is requesting a variance to enable her to put up a 4' x 8' sign advertising her pick-your-own vegetable garden on 179th Avenue and Round Lake Boulevard. , ~There was some discussion as to whether a Special Use Permit is needed rather than a variance '--/'with Commissioner Perry noting that Ordinance 8, Section 8.0,7 (E) (i) allows'for temporary signs for commercial special sales. Inasmuch as this sign is for a seasonable use, it could be removed when the picking season is over. / ' l~ Planning and Zoning Commission Meeting May 25, 1982 Page 3 CJ , )(Pieper Variance, Cont.) MOTION by Perry, seconded by Apel that the Andover Planning and Zoning Commission recommend to the City Council approval of a variance requested by Vicki Pieper of VP Garden Farms for a temporary commercial sales sign to be located at 179th Avenue and County Road 9, according to Ordinance 8, Section 8.07 (E) (i). The sign will be in excess of the 30 square feet allowed by 2 feet. The sign will be removed by Mrs. Peiper at the end of the picking season and it is necessary to the reasonable use of the property. Motion carried unanimously. This will go to the City Council on June 1 , 1982. Ordinance Update Proposals (Comm. #3-82-5) Chairperson Bosell noted for the record that three firms were interviewed by the Planning Commission on Wednesday, May 19, 1982. City Engineer Schrantz noted that he suggested interviewing firms like BRW and Barton-Aschman because they do traffic engineering work and he has dealt with them before, but not on ordinances. He felt the Commission's prime consideration should be someone that they feel comfortable with. (The engineer was excused at this time - 8:37 PM.) Further discussion on this item was tabled until the other agenda items were taken care of. Ordinance 8, Sections 5.03 & 7.03 Amendment Public Hearing, Cont. (Comm. #3-82-4) / '\ ~ ---,Cha i rperson Bose 11 reopened the pub 1 i c hea ri ng . Chairperson Bosell suggested that Section B.2.b. on the amendment be changed to read: The principal dwelling unit shall contain 960 square feet and the apartment unit shall contain not less than 800 square feet. Commissioner Perry asked if this would be applicable to new construction as well as existing houses. It was noted that it would be. Rosella Sonsteby, 4151 - 141st Avenue N.W. - asked why only those properties connected to the sanitary sewer were eligible for this. Chairperson Bosell explained that because of the additional unit in the home; some of the older homes have septic systems that are marginal. Mrs. Sonsteby also asked why the apartment unit had to be so big. She felt that an efficiency apartment would be sufficient. Chairperson Bosell explained that this ordinance is allowing for a calamity; someone cannot afford their house payments because of increased taxes, etc. so they can remodel and rent out a' part of their home. Mrs. Sonsteby felt that the city should allow people to build houses smaller than the required 960 square feet and with no garages while the economy is so poor. MOTION by Randklev, seconded by Spotts to close the public hearing. Motion carried unanimously. _ MOTION by Randklev, seconded by Spotts that the Andover Planning and Zoning Commission ~recommend to the City Council adoption of an amendment to Ordinance 8 and 8M, Sections 5.03 and 7.03 to allow for single family homes with apartments in R-3 and R-4 districts. The amendment was discussed by the Planning Commission and a public hearing was held. There Planning and Zoning Commissi,~:eeting May 25, 1982 - Minutes Page 4 (Ord. 8, Cont.) , '~,'was opposition voiced with the following comments: Non-sewered areas should be considered and the 800 square feet for the apartment unit is too limiting; it was felt that an efficiency apartment could be considered rather than the 800 square feet. The question was also brought up as to whether or not these homes should be required to have garages. , , "--.J The reason for this amendment is to fall in line with current housing trends to provide affordable temporary housing. The proposed amendment was sent to the City Attorney for his comments and he found it satisfactory. Motion carried unanimously. This will go to the City Council on June 15, 1982. Recess 9:03 - Reconvene 9:12 Dwelling Unit Requirements (Comm. #4-82-4) Chairperson Bosell read a memo from the secretary stating that she spoke to the City Attorney regarding this item. He had stated that the law that was passed covers mobile homes and manufactured housing that meet the Manufactured Housing Code. He also stated that mobile homes and manufactured housing are considered the same thing. The secretary was asked to obtain a copy of the Manufactured Housing Code. Chairperson Bosell noted that the City Attorney, Building Inspector and she are supposed to meet to discuss this item to see what the city wants to do with it. ~ ;Commissioner Perry stated that according to the law we have to designate areas where mobile - homes and manufactured housing will be allowed. Chairperson Bosell noted that we have already done that with our R-5 districts. This item will be continued on June 8, 1982. Firearms Ordinance, Cont. (Comm. #11-81-1) Commissioner Apel noted that the last time the Firearms Committee met, the only change they made in the ordinance draft was to redraw the line separating the prohibited district from the allowable district. The line now goes over to Hanson Boulevard so that the people with large acreages east of Hanson Boulevard will be able to hunt.on their property. Rosella Sonsteby - asked what a person can do in the prohibited district. Commissioner Apel stated that you cannot hunt in the prohibited district with Chairperson Bosell noting that you can fire a hand gun in the prohibited district for the purpose of protection or to slaughter animals. Ms. Sonsteby felt that a person with a lot of land should be able to hunt that land. Chairperson Bosell explained that the ordinance is mainly for those people who do not live in the city but come out here to hunt. Commissioner Apel noted that the next time the Firearms Committee meets he will bring up the idea of allowing large property owners to hunt on their own land even if they are in ,the prohibited district. ~./ The secretary will check to see if the Planning Commission has to have a public hearing on this ordinance. This item will be continued on June 8, 1982. ( , ~J Planning and Zoning Commission Meeting May 25, 1982 - Minutes Page 5 : ) ~- ; ~/Drdinance Update Proposals (Comm. #3-82-5) The secretary noted that she had two responses to the letter she sent to the Mayor and City Council asking them what the Planning Commission should do about the consultants inasmuch as almost all of their bids were in excess of what the city has to spend. Both Councilman Peach and Councilman Orttel felt that Barton-Aschman should be hired. Commissioner Apel noted that he liked Barton-Aschman because they are working with Ham Lake and the money was not too unrealistic. He felt that there is a problem with Northwest Associated Consultants. v Commissioner Perry noted that she reviewed the zoning ordinance done by Barton-Aschman for Lino Lakes and that she liked the format. However, she did not see any chart in that ordinance like our Section 6.02 of Ordinance 8 and she felt that we should keep that chart. Commissioner Apel stated that in the Zoning Ordinance for Batavia, Illinois there are some drawings in the appendix which he felt the city should have. The secretary was asked to make copies of those drawings for the Commission members. Commissioner Perry stated that she was not impressed with Northwest. She liked the presentation that Wehrman Consultants did; Mr. Bergly seemed to show a real interest. She also felt that she would have no problem working with Barton-Aschman. She noted that if more consultants were interviewed what we would hear would be redundant. She noted that she would be willing to go with either Barton-Aschman or Wehrman, but would prefer Wehrman. 'Commissioner Spotts noted that Wehrman Consultants did the City of Anoka's ordinance and it '-~was typed with two different typewriters and they probably paid about $10,000 for it. Commissioner Randklev noted that what Wehrman had done was very easy to understand and was well organized. She also felt that Barton-Aschman was very well organized and would be easy to work with. She prefered Wehrman over Barton-Aschman however. Commissioner Spotts felt that we are going to get what we pay for. He felt we should go with Barton-Aschman. Chairperson Bosell liked Wehrman's presentation. will be a compilation of what other cities have. Barton-Aschman or Wehrman. She felt that we are going to end up with She stated that she would go with either MOTION by Apel that the Andover Planning and Zoning Commission recommend to the City Council that they consider the following three firms for the updating of the city ordinances: Barton-Aschman Associates, Wehrman Consultants and Tom Loucks. The first two were inter- viewed by the Planning Commission along with one other firm. These people were invited because we felt they were the best from those who submitted proposals. Tom Loucks was included in this list preimarily because he had the lowest bid figure. The Planning and Zoning Commission leans heavily in favor of Barton Aschman. Commissioner Perry noted that she has a real problem with Tom Loucks; he stated in his proposal that he will attend up to 5 meetings. _,Motion dies for lack of a second. ~ ) -- MOTION by Spotts, seconded by Apel that the Andover Planning and Zoning Commission recommend to the City Council two firms to update the city's ordinances: Wehrman Consultants and Barton-Aschman. These two were two of three who were interviewed on May 19th by the Planning Planning and May 25, 1982 Page 6 ,,(Consultants, Cont.) ,~./ Commission and from the presentations given the Commission felt these two are the better of those who have submitted applications and were at the meeting. f " Zoning commiss~n~~eeting - Minutes ~j ~ Motion carried unanimously. This will go to the City Council on June 1, 1982. Chairperson Bose11 noted that the City Attorney felt that in the Noise Control Ordinance there should be certain hours listed when noise is prohibited. The secretary was asked to retype the ordinance for the June 1 City Council meeting. Chairperson Bosell also noted that at the last City Council meeting, the Council approved the variance being requested by Lloyd Reimann for his building that is too close to the property line. Commissioner Perry presented a rough draft of a letter to the Council expressing the Commission's feelings on this variance and also on the denial of the Jerome Gau variance. The Commissioners will read over the letter and decide whether to send it to the Council. MOTION by cApel , seconded by Spotts to adjourn. Motion carried unanimously. Meeting adjourned at 10:20 P.M. Respectfully submitted, /: LL" b/./ ',jVicki Vol k Commission Secretary ~-)