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HomeMy WebLinkAboutJune 22, 1982 cJ c~ ~ 01 ANDOVER /~ U REGULAR PLANNING AND ZONING COMMISSION MEETING JUNE 22, 1982 AGENDA Call to order - 7:30 P.M. Approval of Minutes - June 8, 1982 l. Comma #11-81-1 Firearms Ordinance Public Hearing 2. Comma #5-82-6 Frank Padula Special Use Permit Public Hearing, Cont. 3. Comma #6-82-2 P & R Properties Rezoning Publ ic Hearing 4. Comma #5-82-10 Gerald Palluck Variance 5. Comma #6-82-1 Jerry Snyder Variance 6. Comma #4-82-4 Dwelling Unit Requirements, Cont. 7. Comma #6-82-3 Ordinance 8, Section 7.03 Amendment Publ ic Hearing o o o () ~ 01 ANDOVER o REGULAR PLANNING AND ZONING COMMISSION MEETING JUNE 22, 1982 f.1INUTES The regularly scheduled Andover Planning and Zoning Commission meeting was called to order by Chairperson d'Arcy Bosell at 7:33 P.M., Tuesday, June 22, 1982 at the Andover City Hall, 1685 Crosstown Boulevard N.W., Andover, Minnesota. Commissioners Present: Anstett, Apel, Perry, Randklev, Spotts Commissioners Absent: None Also Present: Mrs. Gerald Palluck; Jerry Snyder; Frank Padula; others Approval of Minutes June 8, 1982 MOTION by Anstett, seconded by Spotts to approve the minutes of June 8, 1982 as written. Motion carried on a 5 yes, 1 present (Apel) vote. Firearms Ordinance Public Hearing (Comm. #11-81-1) Chairperson Bosell opened the public hearing. Commissioner Apel noted that he has talked to a lot of people regarding the draft ordinance and the only comment received was that it looks O.K. There is one change in the map, which adds some more area to the allowable district. c=) Commissioner Anstett asked if it is practical to split Round Lake in half, allowing hunting in the north half and not allowing hunting in the south half. Commissioner Apel noted that it is not practical; however, the DNR would like to see that lake left open for hunting. He also noted that we would not even need a firearms ordinance if the State Firearms Ordinance was enforced. He stated that a provision could be made in the ordinance where a person with a large amount of land in the prohibited district could hunt on their own property. John Zillhardt, 3753 - 145th Avenue N.W. - noted that he would like to see no hunting at all on Round Lake. It would make enforcement easier. He asked if anyone on the firearms committee had checked the houses around the lake to see how far out into the lake a 500 foot radius would be. He felt that there wouldn't be much room left on the lake for hunting if that was done. Carroll Abbott, 2917 - 142nd Lane N.W. - asked if a person could obtain a permit to hunt on a large amount of acreage in the prohibited district. Chairperson Bosell stated that they could not. John Zillhardt - suggested putting an acreage requirement in the section dealing with target practice. Commissioner Anstett asked Mr. Zillhardt what size acreage he felt would be reasonable. Mr. Zillhardt stated that they should have at least 5 acres. c=) Chairperson Bosell asked who is going to determine if a person has a proper back stop for target practice. Commissioner Apel felt that it would be the responsibility of the law enforcement people. Chairperson Bosell noted that the section dealing with target practice doesn't cover bows and arrows. Commissioner Apel felt that bows and arrows should be Planning June 22, Page 2 /-~~ (Firearms Ordinance, Cont.) ~) dealt with under a completely separate ordinance. (, and Zoning commissio~Meeting 1982 - Minutes C~ Carroll Abbott - noted that at Blaine Senior High School there is a class where they fire BB guns right in the classroom. Chairperson Bosell stated that if we set the criteria for the target, we have to inform the people and then we have to have someone go out and check the target to make sure it meets the criteria. She questioned the definition of rifle which includes standard rifles. She asked if this means there is a sub-standard rifle. Commissioner Apel noted that the definition was taken out of a firearms code and he doesn't know what is meant by a standard rifle. Chairperson Bosell noted that under Section II(a) regarding the permit, it says that it is issued by authority of the City Council. She asked if this meant that the City Council has to issue the permits or if they can delegate this to city staff. Commissioner Apel noted that they can delegate the authority to someone. Chairperson Bose11 also noted that the fee should not be stated in the ordinance ($3.00), but it should state that the fee shall be set by City Council resolution. In the event we want to raise the fee, the City Council can pass a resolution rather than amending the ordinance. Also in Section II(b), rather than say his or her property line it should read their property line. ~ Commissioner Anstett noted that she has a problem with the size of the backstop required ( )for target shooting. Commissioner Ape1 stated that the dimensions were taken from the " Federal Firearms Ordinance and explained what the backstop looks like. Commissioner Anstett stated that we are not considering the farmer who butchers his animals with a hand gun. She asked if the ordinance means that a farmer in the prohibited district cannot slaughter his animals with a hand gun. Commissioner Apel felt that we would need some legal advice on that question. He also felt that perhaps we could allow hunting in the prohibited district by Special Use Permit. Frank Padula, 4550 - 173rd Avenue N.W. - asked if the Commission considered the $3.00 permit fee for a farmer who owns 1000 acres. The state says that you can hunt on your own property without a license. Commissioner Ape1 stated that the reason for the permit is to find out how many people want to hunt in Andover. Carroll Abbott - asked if this ordinance has been reviewed by an attorney. Chairperson Bosell noted that sometime in the process our City Attorney will review the ordinance. She suggested that the Firearms Committee meet again and ask the City Attorney to be present. She noted that they could meet prior to the City Council as the Attorney will be here at that time. John Zillhardt - again stated that we should have a separate ordinance for bows and arrows. This ordinance deals specifically with firearms and yet you have bows and arrows in it. C~ Commissioner Apel explained that the problem is hunting. We could call it a hunting ordinance, but people don't want to call it that. This item will be continued on July 13, 1982. Planning June 22, Page 3 ( '\ and Zoning Commis',- -"Meeting 1982 - Mi nutes ' L~ ~ ,Gerald Pa11uck Variance (Comm. #5-82-10) \..j Mrs. Gerald Pal1uck, 17127 Tulip Street N.W. - stated that they would like to build a 24' x 40' pole building which would be parallel with their garage but in front of the house line. They are 500 feet off of Tulip Street; the building will be gold and brown. Chairperson Bosell asked Mrs. Pa11uck who owns the easement. Mrs. Pa11uck stated that it is on their legal description. Commissioner Anstett noted that the neighbor's house is closer to Tulip than Pal luck's house. She asked how far the neighbor's house is off Tulip Street. Mrs. Pal1uck noted that their house is closer to Tulip than the Pa11uck's. Commissioner Anstett asked if they have considered other areas on their property where the building could be put. Mrs. Pa11uck noted that they have looked at other areas but there are trees and shrubs in the way. Chairperson Bosel1 asked what the building will be used for. Mrs. Pa11uck noted that it will be for storage. Commissioner Spotts asked when the garage was built. Mrs. Pa11uck stated that it was built in 1970, before the zoning ordinance went into effect. She also stated that they feel that it would look better if the pole building is parallel with the garage rather than having it parallel with the house. MOTION by Perry, seconded by Apel that the Andover Planning and Zoning Commission recommend to the City Council approval of a variance requested by Gerald Pa11uck, 17127 Tulip Street .' "N.W. to build a pole storage building closer to the property line than the house. The ~~ proposed structure would be on a non-accepted public road. Reasons for approval are: 1) it will not adversely affect the existing or potential use of adjacent land; 2) it will conform to the existing structures on the property. The variance is being recommended for approval pursuant to Ordinance 8, Sections 4.05 (F) and Section 5.04. Both of the existing structures on the property were built prior to the enactment of the Zoning Ordinance. Motion carried unanimously. This will go to the City Council on July 6, 1982. Jerry Snyder Variance (Comm. #6-82-1) Jerry Snyder, 4915 - 159th Avenue N.W. - stated that he is requesting a variance for a 45' x 75' pole barn. It lies in front of the plain of the house and is attached to the garage. It will stick out 10 feet in front of the garage and will be painted brown. Mr. Snyder noted that his house is in the middle of 20 acres and is at least 1000 yards from any other house. The barn will be used for horses, hay and storage of snowmobiles, boats, etc. However, the main use will be horses and hay. Chairperson Bose11 asked how tall the building will be. Mr. Snyder noted that it's approximately 20 feet. Chairperson Bosel1 asked how tall the house is. Mr. Snyaer': stated 15 feet. Chairperson Bosel1 asked Mr. Snyder why he didn't get a building permit, as the building is already under construction. Mr. Snyder noted that he was told by some people that he didn't need one and he also felt that he didn't need one because he was building it by himself. Chairperson Bosel1 felt that Mr. Snyder might need a Special Use Permit because the pole r-, barn is taller than the principle structure. Also, the State Building Code says that you \.._/ cannot build a building for storage that is more than 1000 square feet. Chairperson Bosell asked if the property is in Green Acres. Mr. Snyder said it is not. However, they do have cows, horses and chickens. / , ~J Planning and Zoning Commission Meeting June 22, 1982 - Minutes Page 4 c=) (Snyder Variance, Cont.) Commissioner Anstett asked how far the building will be from the property owner on the east. Mr. Snyder stated it is about 1000 yards. LJ MOTION by Apel, seconded by Spotts that the Andover Planning and Zoning Commission recommend to the City Council approval of a variance requested by Jerry Snyder of 4915 - 159th Avenue N.W. to build a pole barn which will be closer to the front lot line than the principal structure for the following reasons: 1) it will not adversely affect the potential or existing use of adjacent lands; 2) it is in conformance with the spirit of the Comprehensive Plan and the Zoning Ordinance; 3) it is necessary to the reasonable use of the land. The variance is being recommended for approval pursuant to Ordinance 8, Section 4.05 (F). There was no opposition to the request. Motion carried unanimously. This will go to the City Council on July 6, 1982. Chairperson Bosell felt that the Planning Commission should recommend to the City Council that they start enforcing the violation section of the ordinance. A lot of the variances that we have dealt with lately are for structures that have already been started. Commissioner Perry felt that we should have more publicity about the requirements in the city for building permits. At the present time there are only the signs on the borders saying that building permits are required. /~) Commissioner Apel asked what the penalty is for violating the ordinance. Chairperson '-/ Bosell noted that there is a $500.00 fine and possibly a jail sentence. Commissioner Apel felt that some people wouldn't care about the $500.00 and would build what they wanted anyway. Recess 9:25 - Reconvene 9:35. Ordinance 8, Section 7.03 Amendment Public Hearing (Comm. #6-82-3) Chairperson Bosell opened the public hearing. She stated that at the last Planning Commission meeting we had a request for a Special Use Permit for Frank Padula to put a deli and cheese shop next to JJ's Liquor. The City Attorney said that this was not appropriate and Mr. Padula should request a rezoning. In further looking at that and at the uses allowed in a General Business zone, the better approach would be to allow retail shopping in a Limited Industrial district rather than rezone this property. There are other business in the area at the present time where retail shopping is occurring. Commissioner Anstett agreed that it would be better to amend the ordinance rather than have one little property zoned General Business in the middle of a Limited Industrial area. She felt that rather than have the amendment say Retail Shopping, it should be Retail Sales. Chairperson Bosell asked if there is a definition in the ordinance for either Retail Shopping or Retail Sales. After checking the ordinance, she noted that there is a definition for Retail Shopping and read what it says. Retail Shopping allows for food, /_~ which would take care of the deli and cheese shop. ~~ Commissioner Perry asked if anyone had found out what an exclusive liquor store is. Frank Padula noted that the State code says that you have to have a dividing wall between the liquor store and the deli and they must have separate entrances. You cannot go directly from the liquor store into the deli. C.J Planning and Zoning Commission Meeting June 22. 1982 - Minutes Page 6 C~ (Padula Special Use Permit, Cont.) Commissioner Spotts asked if the deli would be open on Sundays. Mr. Padula said it will not be. u MOTION by Randklev, seconded by Anstett to close the Public Hearing. MOTION by Apel, seconded by Spotts that the Andover Planning and Zoning Commission recommend to the City Council approval of a Special Use Permit requested by Frank Padula to operate a deli and cheese shop adjacent to JJ's Bottle Boutique at 3121 - 161st Avenue N.W. This approval is based largely upon the fact that an amendment to Ordinance 8 was recommended for approval the same evening and Mr. Padula had no knowledge of the criteria of that ordinance amendment. This amendment will go to the City Council at the same time as this request. If the ordinance amendment is adopted, we believe this Special Use Permit should be approved because the proposed use will not significantly affect the health, safety or general welfare of the community in a detrimental fashion; it will not cause serious traffic congestion or hazards based upon information before this Commission; it will not seriously 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 certain opposition to the issuance of the Special Use Permit largely on the feeling that it could become a hangout for young people and would open the area up to like uses causing similar problems. Approval of this request is contingent upon the information asked for in the amendment being provided by Mr. Padula for the City Council meeting. c==) Motion carried unanimously. This will go to the City Council on July 6, 1982. Dwelling Unit Requirements (Comm. #4-82-4) Commissioner Spotts noted that he will check into this item with other cities to see what they are planning to do. A public hearing will be held on amendments to Ordinance 8 and 6 regarding this on July 13. 1982. It was noted that it must go to the City Council on July 20, 1982 as the law takes effect on August 1, 1982. MOTION by Anstett, seconded by Apel to adjourn. Motion carried unanimously. Meeting adjourned at 10:45 P.M. Respectfully submitted, L.U Vicki Volk, Commission Secretary o ( ~ ~~ Planning and Zoning Commission Meeting June 22, 1982 - Minutes Page 5 ~-) ~ ~) (Ord. 8, Sec. 7.03, Cont.) Karen Schelberg, 16135 Vintage Street N.W. - felt that if Mr. Padula gets a Special Use Permit then others will find out about it and more retail businesses will be coming in. She felt that it will become a hangout for children. Chairperson Bosell stated that the zoning is already there; the only change we're making is to make what is going on there legal. Commissioner Anstett explained to Ms. Schelberg that if she didn't want this, she could get a group of people together and go to the City Council meeting when this item is on their agenda. Chairperson Bosell asked Ms. Schelberg if she thought a deli and cheese shop would be a place where young children would go. She also asked if the kids go to the Tom Thumb to hang out. Ms. Schelberg answered yes. Chairperson Bosell asked Ms. Schelberg what other things could go in that district that would cause problems. Ms. Schelberg stated that if we allow this for one person we will have to allow it for others. MOTION by Anstett, seconded by Randklev to close the public hearing. Motion carried. ~- Commissioner Perry stated that she would like to see the Planning Commission recommend to , ) the City Council that we put a moratorium on all amendments to ordinances until such time '- as our ordinances are updated. Chairperson Bosell stated that we have to deal with this item as it has been on our agenda. Discussion was on whether some criteria should be added to the amendment. The concensus was that some criteria such as parking requirements, an annual review, a list of inventory, etc., should be added. MOTION by Spotts, seconded by Apel that the Andover Planning and Zoning Commission recommend to the City Council adoption of an amendment to Ordinance 8 to allow Retail Shopping in Limited Industrial Districts by Special Use Permit. The following criteria must be met: 1) annual review of the Special Use Permit; 2) Detailed drawings of the building to be used or converted; 3) the use that the Retail Shopping is to be put to must be stated; 4) parking requirements, if any; 5) a general inventory must be provided and other items determined necessary by the City Council. Motion carried unanimously. This will go to the City Council on July 6, 1982. Frank Padula Special Use Permit Public Hearing, Cont. (Comm. #5-82-6) Chairperson Bosell reopened the public hearing. She asked Mr. Padula if he has copies of the drawings. Mr. Padula noted that the Fire Department has them. Commissioner Spotts asked if it is possible to have the deli open and not the liquor store. Mr. Padula stated that it is possible because you cannot have an entrance from the liquor ~) store to the deli. They must be completely separate. Commissioner Apel asked how late the deli would be open. Mr. Padula stated it will close at 9:00 p.m.