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HomeMy WebLinkAboutAugust 10, 1982 o o o c) c,'J ~ 01 ANDOVER REGULAR PLANNING AND ZONING COMMISSION MEETING AUGUST 10, 1982 AGENDA Call to order - 7:30 P.M. Approval of Minutes - July 27, 1982 l. Comm. #7-82-1 Bunker Lake Auto Sales Special Use Permit Public Hearing, Cont. 2. Comm. #7-82-4 Andover West Discussion (New Generation Homes) 3. Comm. #7-82-5 North Birch Creek Estates Sketch Plan 4. Comm. #11-81-1 Firearms Ordinance Public Hearing, Cont. 5. Comm. #7-82-2 Ordinance 10 Amendment/Subdivision Regulations, Cont. 6. Comm. #7-82-3 Accessory Buildings C) 0 ~ 01 ANDOVER o REGULAR PLANNING AND ZONING COMMISSION MEETING AUGUST 10, 1982 ~1INUTES The Regularly Scheduled Andover Planning and Zoning Commission meeting was called to order by Chairperson Bosell at 7:34 P.M., Tuesday, August 10, 1982, at the Andover City Hall, 1685 Crosstown Boulevard N.W., Andover, Minnesota. Commissioners Present: Apel, Elling, Perry, Spotts Commissioners Absent: Anstett, Randklev Also Present: Jim Rolow, representing Bunker Lake Auto Sales; William Edes, representing New Generation Homes; interested residents Approval of Minutes July 27,1982 MOTION by Spotts, seconded by Elling to approve the minutes of July 27, 1982 as written. Motion carried on a 3 yes, 1 present (Apel) vote. Bunker Lake Auto Sales Special Use Permit Public Hearing (Comm. #7-82-1) Chairperson Bosell opened the public hearing. Jim Rolow, 12731 - 95th Street N.E., Elk River - noted that he is part owner of Bunker Lake ~Auto Sales. The other owners are Calvin Jellison and Harold Jellison. Chairperson Bosell asked how many cars they expect to have on the lot at one time. Mr. Rolow noted there will be 20 to 30 cars. Chairperson Bosell noted that the travel trailer that they plan to use for an office is not allowed by ordinance. Mr. Rolow explained that they have abandoned that idea and are using the office of Anoka Auto Wrecking for their offi ce. MOTION by Apel, seconded by Spotts to close the public hearing. Motion carried unanimously. Commissioner Elling asked if the parking area had to be blacktopped. Chairperson Bosell noted that they have to meet the parking requirements; whatever the Building Official says is required. Mr. Ro10w noted that they were going to ask for a year's time to do the blacktopping because of the expense involved. However, if the parking lot can be Class V or crushed rock, they will do it now. Mr. Rolow stated that he spoke to the Building Official regarding the parking lot and the Building Official said it was up to the Planning Commission as to what kind of surface is required. MOTION by Elling, seconded by Ape1 that the Andover Planning and Zoning Commission recommend to the City Council approval of a Special Use Permit requested by Calvin Jellison, doing business as Bunker Lake Auto Sales, to operate a used car sales business at 1656 Bunker Lake Boulevard for the following reasons: 1) The proposed use would be in compliance with the surrounding uses and would not be detrimental to surrounding lands; 2) The proposed use O is in harmony with the general purpose and intent of the zoning ordinance and the Comprehen- sive Plan; 3) The proposed use will not be detrimental to the health, safety or general welfare of the community; 4) No future traffic problems would be generated by this use; 5) The granting of the Special Use Permit is contingent upon the completion of fulfilling the requirements of Ordinance 8, Section 8.08 (A); 6) The Special Use Permit will be subject l~ Planning and Zoning Commission Meeting August 10, 1982 - Minutes Page 2 o (Bunker Lake Auto, Cont.) to an annual review by the City Council. C~ Motion carried unanimously. This will go to the City Council on September 7, 1982. Andover West Discussion (New Generation Homes)(Comm.#7~82-4) William Edes, 8641 Oak Drive, Eden Prairie - noted that he is one of the partners in New Generation Homes and that they have purchased the remainder of Andover West that has not been finaled. They don't know yet if they will start with the northern most part of the original plat or do the part just above the already finaled plat. They would like to have the corner of County Road 20 and County Road 7 zoned commercial for a 7-11 store or some- thing similar. Chairperson Bosell noted that that corner is within 1/4 mile of the Tom Thumb store. Commissioner Perry noted that she has a problem with rezoning that corner to commercial. Commissioner Elling concurred with Commissioner Perry. Discussion centered on the street layout of the plat with Chairperson Bosell noting that the streets have to be blacktopped. Mr. Edes will return when they decide what they plan to do. (~Firearms Ordinance Public Hearing, Continued (Comm. #11-81-1) Chairperson Bosell reopened the public hearing. Commissioner Apel stated that the ordinance should be adopted as it has been presented tonight. John Bollencamp, 140 Andover Boulevard - felt that Section II (a) and (b)(l) conflict with each other. It was explained to Mr. Bollencamp that the requirement of not discharging a firearm in a platted area or within 500 feet of any residence applies to (b)(l). Chairperson Bosell asked if a person has a 10 acre lot that is platted whether or not he can hunt on his property. Commissioner Elling stated no, because it is platted. She then asked if a person has a 5 acre lot in a plat could he slaughter his animals on that property. Commissioner Elling noted that he could. It was suggested that a variance provision be added to the ordinance with the concensus being that one is not needed. MOTION by Spotts, seconded by Perry to close the public hearing. Motion carried unanimously. MOTION by Ape1, seconded by Spotts that the Andover Planning and Zoning Commission recommend to the City Council adoption of an ordinance entitled 'An Ordinance Regulating the Discharge of Firearms and Bow & Arrows Within The City of Andover and Repealing Ordinances 12, 12A, 12B and 12C' for the following reasons: 1) Several public hearings were held. 2) The O Firearms Ordinance was well researched by a committee of seven individuals; 3) The ordinance , was compared for intent and content with other ordinances of surroundi ng communiti es; 4) The ordinance does attempt to increase the regulations of the discharge of firearms in the city but at the same time allows for recreational shooting and hunting in Andover in the district known as the Allowed District; 5) This ordinance was drawn up in response to the incidences that occurred in the 1981 early hunting season and as an attempt to correct Planning and Zoning commis(.v._~eeting August 10, 1982 - Minutes Page 3 / ' LJ _- (Firearms Ordinance, Cont.) ~ those problems; 6) The ordinance approves of it and its wording. has been reviewed by the City Attorney and indicates that he Motion carried unanimously. This will go to the City Council on September 7, 1982. Commissioner Elling asked if it is possible that the firearms ordinance could go to the City Council on August 17th because rabbit hunting season opens the first part of September. The clerk noted that the City Council agenda has already been sent to the newspaper but she will call to see if this item can be added. If it cannot, the ordinance will go to to the City Council on September 7th. Recess 8:52 - Reconvene 9:06 Ordinance #10 Amendment/Subdivision Regulations (Comm. #7-82-2) Commissioner Spotts noted that as he was reading through the State Law and the information from Coon Rapids, his thought was that there is too much paperwork involved with this. Ordinance 10, Section 9.06 spells out what has to happen. Commissioner Perry stated that the problem is that an individual can go to the County and record anything without even looking at our ordinances. Commissioner Elling felt that Ordinance 10, Section 14.01, Restrictions on Filing and Recording, should take care of the problems that have been occurring. ~.~ ~Commissioner Perry asked Commissioner Spotts if he found any problems other than the paper- work. He replied that he did not. Chairperson Bosell felt that this act was designed to prevent renegade subdivisions. It was the concensus of the Commission that the act should be adopted by the City so that we know what is happening. MOTION by Spotts, seconded by Apel that the Andover Planning and Zoning Commission recommend to the City Council adoption of a resolution electing to be governed by the provisions of Chapter 564 of the laws of 1982 relating to the certification of transfers of certain un- platted properties. Motion carried unanimously. This will go to the City Council on September 7, 1982. Accessory Buildings (Comm. #7-82-3) Chairperson Bosell explained that this was sent back to the Planning Commission after the City Council meeting dealing with the requests of Jerry Snyder, Gary Anderson for variances to place accessory buildings closer to the front lot line than their primary structures. The Planning Commission should decide when it would be proper to place an accessory building closer to the front lot line of the primary structure. Commissione," Apel noted that there are two areas in the city that have to be dealt with _ . the urban area and the rural area. He also felt that the people who don't have accessory ~buildings are the ones that complain about them. Chairperson Bosel1 suggested that we could require that the accessory building be finished in a like manner to the house if it is to be closer to the front lot line. She also felt I' ' I "--J' Planning and Zoning Commission Meeting August 10, 1982 - Minutes Page 4 ;~) (Accessory Bl dgs, Cont.) that maybe the problem is with the variance section of the ordinance rather than the section dealing with accessory buildings. /- '\ ~-') It was suggested that when the ordinances are being updated, the section dealing with accessory buildings be dealt with. Commissioner Elling stated that he is against having different rules for the urban and rural areas. He felt that the accessory building section of the ordinance should be modified for certain situations. Commissioner Perry volunteered to obtain from the League of Minnesota Cities copies of other cities' ordinances regarding the placement of accessory buildings. This will be continued on August 24, 1982. Commissioner Elling noted that he would like to get started on rezoning the parcels that are zoned Neighborhood Business that haven't been developed as yet. Chairperson Bosell noted that the Planning Commission worked on that last fall and have notified Mr. Conroy, Mr. Chutich and Mr. Nemeth that if nothing is done by October 1, 1982, the properties could be rezoned. The clerk will make copies of the materials from that meeting for the Commissioners and this will be placed on the next agenda. MOTION by Elling, seconded by Apel to adjourn. , " \.~) ~leeti ng adjourned at 10: 35 P.M. Respectfully submitted, ([L'~ Vicki Vo k, Recording Clerk / " ,-)