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HomeMy WebLinkAboutJuly 13, 1982 o o o c~ c-J ~ 01 ANDOVER REGULAR PLANNING AND ZONING COMMISSION MEETING JULY 13, 1982 AGENDA Call to order - 7:30 P.M. Approval of Minutes - 6/22/82 1. Comm. #11-81-1 2. Comm. #4-82-4 Firearms Ordinance Public Hearing, Cont. Dwelling Unit Requirements/Ord. 6 & 8 Amendment Public Hearing o C-J ~ 01 ANDOVER o REGULAR PLANNING AND ZONING COMMISSION MEETING JULY 13, 1982 MINUTES The regularly scheduled Andover Planning and Zoning Commission meeting was called to order by Chairperson d'Arcy Bosell at 7:33 P.M., Tuesday, July 13, 1982 at the Andover City Hall, 1685 Crosstown Boulevard N.W., Andover, Minnesota. Commissioners Present: Commissioners Absent: Also Present: Anstett, Apel, Elling, Perry, Randklev Spotts Interested residents Chairperson Bosell welcomed Commissioner Elling back to the Planning Commission. Approval of Minutes June 22, 1982 MOTION by Anstett, seconded by Apel to approve the minutes of June 22, 1982 as written. Motion carried on a 5 yes, 1 present (Elling) vote. Firearms Ordinance Public Hearing, Cont. (Comm. #11-81-1) Chairperson Bosell reopened the public hearing. C~hairperson Bosell noted that she has received a letter from the City Attorney questioning everal items in the ordinance draft. The attorney didn't feel that the City could require a permit because of the state law requiring a hunting license. Commissioner Apel noted that the City of Blaine requires a permit along with several cities. Frank Schoonover, 14329 Butternut Street N.W. - stated that the state license states that it is not valid in the cities of Minneapolis, St. Paul and Duluth because their ordinances supercede the state's. Commissioner Anstett asked if we could require people hunting to register at City Hall but not have them obtain a permit. Commissioner Elling asked if we are trying to control hunting or the discharge of firearms. Chairperson Bosell explained that the City Council wants to regulate and control the discharge of firearms for hunting or target practice in the Urban Service Area and to be aware of those hunting outside of the Urban Service Area. Commissioner Anstett noted that part of the problem is people coming from outside of the city to hunt here. Chairperson Bosell noted that the City Attorney also questioned Section 2(b) of the ordinance. He noted that there seems to be no restrictions on the discharge of rifles within platted areas or within 500 feet of a residence; however, there are restrictions on shotguns and bows and arrows. Chairperson Bosell felt that the words shotgun and bows and arrows could ~e added to that section. Commissioner Apel noted that the only person who can discharge a rifle is the owner of the property. lJ C) Regular Planning and Zoning Commission Meeting July 13, 1982 - Minutes ,~page 2 (Firearms Ord., Cont.) Commissioner Perry asked what would happen if a person has a target in their yard and it's within 500 feet of a residence and they miss the target. She felt that a distance requirement should be put in Section II(b). Commissioner Apel noted that Section II (b) was written so people could butcher their animals. A landowner has certain rights that a hunter does not have. Commissioner Anstett felt that neither (b) or (c) specifically deals with butchering animals. Commissioner Apel noted that an alternative was to require a permit for butchering animals. Chairperson Bosell asked what the smallest lot size is where someone would be butchering animals. Commissioner Anstett said it would be 2! acres with a Special Use Permit; the clerk stated it is 5 acres. Chairperson Bosell suggested that section (b) be changed to read: 'No person shall discharge a rifle in the City of Andover except at City authorized rifle ranges. Landowners may discharge ........'. Commissioner Apel noted that Section II (b) was written as it is to allow people to butcher their animals and also because some people thought we were infringing on their constitutional rights. Commissioner Elling noted that he has some problems with the definition of rifle and with :)Section II (b) in that it conflicts with Ordinance 8. He asked what a standard rifle is. , Commissioner Apel noted that that question came up and the last meeting and no one knows wha t it is. David Schneider, 1211 Andover Boulevard - felt that the biggest problem is where hunting will be allowed; the only time the city had any problems was during hunting season. Commissioner Elling again stated that he doesn't agree with the definitions of shotguns and rifles. Commissioner Apel stated that the Firearms Committee spent 8 to 10 weeks on this ordinance and no one showed up at the meetings to give any input. Chairperson Bosell asked Commissioner Ellingvif he knew of a definition that would be better than standard rifles. Commissioner Elling felt that in Section II (b) the word handguns should be taken out as according to the definition, rifles and handguns are the same thing. He asked what the backtop would consist of, as 2 inches of styrofoam wouldn't stop a bu 11 et. Rosella Sonsteby, 4151 - 141st Avenue N.W. - felt that the biggest problem is kids with 22's. She felt that the parents should be responsible for their children. Commissioner Apel noted that Brooklyn Center uses the term deadly weapons; the City of Ramsey has made it very difficult to hunt by requiring that they be 1500 feet from residential or other structures and when using shotguns, the largest size shot they can use is size 4. /~~Chairperson Bosell suggested that perhaps Ordinance 12 is fine as it is and that we should \ )have a completely separate hunting ordinance. Commissioner Elling asked why bow and arrow does not have a definition. Commissioner Apel stated that they discussed that but decided not to put one in the ordinance. lJ L) Regular Planning and Zoning Commission Meeting July 13, 1982 - Minutes Page 3 , '1 \._~ (Firearms Ord., Cont) Commissioner Elling felt that we could just take a map showing the prohibited and allowed districts and attached it to our present Ordinance 12. It was decided that Commissioners Elling and Apel would work together on a hunting ordinance and this item will be continued on July 27, 1982. Recess: 9:00; Reconvene 9:14. Ordinance 6 & 8 Amendments/Dwelling Unit Requirements/Public Hearing (Comm. #4-82-4) Chairperson Bosell opened the public hearing. Commissioner Perry noted that Ordinance 6, Section 2 (c) should be changed, taking out moible home and putting in manufactured home. Chairperson Bosell noted that what the city has tried to do is make our ordinances compatible with State legislation so we cannot discriminate against manufactured housing. City staff has suggested that in R-5 districts, platted lots must be 13,000 square feet. The lot size in R-5 now is 5,500 square feet. Chairperson Bosell questioned whether section 7.01 of Ordinance 8 should be amended (permitted uses). Commissioner Anstett felt that it does not need to be amended as it says everything /~ that we need. "J Rosella Sonsteby - suggested that the city lower the square footage requirement of 960 and eliminate the requirement for a garage for a period of 5 years. That way, more people could afford to build in the city. MOTION by Anstett, seconded by Apel to close the public hearing. Motion carried unanimously. MOTION by Apel, seconded by Anstett that the Andover Planning and Zoning Commission recommend to the City Council adoption of an amendment to Ordinance #6 as attached for the following reasons: 1) We must have this adopted by August 1, 1982; 2) We have reviewed the ordinance and it appears to fit in nicely with the State law; 3) It is in compliance with the Comprehensive Plan; 4) It does not adversely affect the health, safety and general welfare fo the community. Vote on motion: Elling - no (He felt that one of the reasons for approval should be that it was written by the building inspector and City Attorney) Motion and second withdrawn. MOTION by Perry, seconded by Ell ing that the,'Andover Pl ann i ng and Zoni ng Commi ssi on recommend to the City Council adoption of an amendment to Ordinance 6, entitled 'An Ordinance Regulating Mobile Home Parks'. The draft of the amendment came to the Planning and Zoning Commission via City Attorney, Bill Hawkins, and City Building Inspector, Dave Almgren. The purpose of the amendment is to bring Andover's Ordinance 6 into comformance with Minnesota Statutes, 1980,394.25, Subdivision 3 and 462.357, Subdivision 1. Motion carried unanimously. c=)MOTION by Elling that the Andover Planning and Zoning Commission recommend to the City Council adoption of an amendment to Ordinance 8 per the attached exhibit in compliance with Minnesota Statutues 1980, 394.25, Subdivision 3 and 462.357, Subdivision 1. Motion withdrawn. l_) LJ Regular Planning and Zoning Commission Meeting July 13, 1981 - Minutes Page 4 ''\ \- j (Ord. 8 & 6, Cont.) MOTION by Elling, seconded by Perry that the Andover Planning and Zoning Commission recommend to the City Council adoption of an amendment to Ordinance 8 as proposed, for the following reasons: 1) The amendment will bring existing Ordinance 8 into conformance with the State laws per City Attorney, Bill Hawkins; 2) It is further recommended that the City Council review Section 8.23, items 2 and 6, for conflict with existing building practices. Motion carried unanimously. Chairperson Bosell noted that Bill Short of Barton-Aschman will be at the July 27th Planning Commission meeting for the kick-off meeting for the updating of our ordinances. She asked that the Commissioners use the Ordinance 8 that was typed by the clerk rather than using the printed ordinance. MOTION by Anstett, seconded by Randklev to adjourn. Motion carried. Meeting adjourned at 11:05 P.M. Respectfully submitted, /, [;LJ' U--L/ '--_J Vicki Volk, Commission Secretary ,. , \)