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HomeMy WebLinkAboutNovember 23, 1982 '1 '. ./ : ) '- ~, ) ( , "-..I l) CITY OF ANDOVER REGULAR PLANNING AND ZONING COMMISSION MEETING NOVEMBER 23, 1982 AGENDA Call to order Approval of Minutes - 10/26/82 & 11/9/82 1. Comm. #10-82-5 City of Andover Variance 2. Comm. #11-82-1 J. Eveland Eligibility for Ag Preserve 3. Comm. #11-82-2 J. Eveland Rezoning Public Hearing 4. Comm. #11-82-3 Group W Cable Special Use Permit Public Hearing 5. Comm. #11-82-4 James Glatt Eligibility for Ag Preserve 6. Comm. #11-82-5 James Glatt Rezoning Public Hearing 7. Comm. #3-82-4 Single Family Homes W/Apartments U 0 ~ ~ ANDOVER o REGULAR PLANNING AND ZONING COMMISSION MEETING NOVEMBER 23, 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, November 23,1982 at the Andover City Hall, 1685 Crosstown Boulevard N.W., Andover, Minnesota. Commissioners Present: Commissioners Absent: Also Present: Anstett, Elling, Randklev, Spotts Apel, Perry Frank Padula; Janett Eveland; Jim Commers, Group W Cable; James Glatt; and others Approval of Minutes October 26, 1982 MOTION by Anstett, seconded by Spotts to approve the minutes of October 26, 1982 as written. Motion carried on a 5 yes, 1 present (Randklev) vote. November 9, 1982 Page 2, Commissioner Spotts' comment stating that he went to the and had to wait so he had a cup of coffee was hypothetical. c=) MOTION by Spotts, seconded by Randklev to approve the minutes of corrected. deli and ordered a chicken November 9, 1982 as Motion carried on a 5 yes, 1 present (Anstett) vote. City of Andover Variance (Comm. #10-82-5) Chairperson Bosell noted that at the last meeting, Mr. Padula was requested to obtain documentation from SignCrafters as to when the sign was installed. She asked if he had obtained that documentation. Frank Padula, 4550 - 173rd Avenue N.W. - stated that he spoke to SignCrafters and they said the work order was dated April 28th. Chairperson Bosell asked Mr. Padula if the sign on property owned by Westview Industrial Park is temporary. Mr. Padula stated that it is. She then asked why he couldn't make arrangements with the owners of Westview Industrial Park to put the sign in question on their corner. Mr. Padula noted that their property is for sale and it would be a dis- advantage to them to have that sign on their property. Mr. Padula noted that Mr. Zanlow stated he would send him the time tickets from SignCrafters showing that the sign was erected on April 28th. Commissioner Anstett asked why this item came to the Planning Commission as a variance. Chairperson Bosell noted that that was the direction the City Council gave us. o Commissioner Elling felt that it should have come in as a Special Use Permit. Chairperson Bosell noted that Ordinance 8, Section 8.07 (p)(2) states that no advertising sign can be located within 75 feet of a residential district. We would be varying from that section. ( ~ Planning and Zoning Commissi'v" ,:eeting November 23, 1982 - Minutes Page 2 ,(City of Andover Variance, Cant.) '- ./ MOTION by Spotts, seconded by Elling that the Andover Planning and Zoning Commission recommend to the City Council disapproval of a variance requested by the City of Andover to erect a sign on property known as Lot 2, Block 4, Pine Hills Addition for the following reasons: 1) According to Ordinance 8, Section 8.07 (E)(p)(2), no advertising sign shall be located within 75 feet of a residential district. This particular parcel is zoned residential; 2) There was no hardship created due to the topography and it does not conform with Section 5.04 of the variance code of city ordinances which has to do with characteristics of the land and not the property owner; 3) There was some noted opposition at the last Planning Commission meeting; 4) The original sign permit application was accepted at the city on the 28th of April and monies were received for payment of that permit. It was issued to P & R Properties and paid for on their draft. o Motion carried unanimously. This will go to the City Council on December 7, 1982. NOTE: Chairperson Bosell noted that in reviewing the ordinances under the sign section, it does not allow advertising signs in a residential district. The variance section of Ordinance 8 by its criteria, does not allow for the granting of a variance for the error made at City Ha 11. Janett Eveland Eligibility for Agricultural Preserve (Comm. #11-82-1) Chairperson Bosell noted that according to Ordinance 57A, this should have gone to the City Council first, but as long as it's on the agenda we can deal with it. " 'Commissioner Anstett stated '-../number of buil dings and the was that the property is in for Agricultural Preserve. of the Urban Service Area. that the property is the correct size, they have the correct property is being used for farming. The one question previously the Urban Service Area and those properties were not eligible However, Ordinance 57A deletes the requirement of being outside Chairperson Bosell noted that according to the State Law governing Agricultural Preserve, the property cannot be less than 20 acres and must be surrounded by eligible land on not less than two sides. Commissioner Anstett stated in that particular circumstance, this property was previously applied for and because of the ordinance, it was not dealt with. Chairperson Bosell asked if this property is low land. Donald Eveland, 14744 Crosstown Boulevard N.W. - noted that it is all low except for one acre. Commissioner Elling noted that the intent of the state law to have 20 acre parcels was to get away from spot zoning. He felt that this property is contiguous. MOTION by Elling, seconded by Anstett that the Andover Planning and Zoning Commission recommend to the City Council that eligibility be granted to Janett Eveland of 14722 Crosstown Boulevard N.W., for property consisting of 24.2 acres for the following reasons: 1) The land would be contiguous with already approved property (120 acres) and that due ',to the original Ordinance 57 this land was not allowed. With the amendment to Ordinance ~_)57, it now is available to become eligible; 2) It would be in keeping with the intent and general purpose of the State Law and the Comprehensive Plan. Motion carried unanimously. This will go to the City Council on December 7, 1982. I , ~~ u Planning and Zoning Commission Meeting November 23, 1982 - Minutes Page 3 \ , / Janett Eveland Rezoning Public Hearing (Comm. #11-82-2) Chairperson Bosell opened the public hearing. Don Eveland, 14744 Crosstown Boulevard N.W. - stated the reason for the request is so that they can continue farming like they have been for the last 40 years. Chairperson Bosell noted that with this property being approved, the Evelands would then have 140 acres in Agricultural Preserve. Mr. Eveland stated that one of the reasons they are applying for ag preserve is the eight year commitment. MOTION by Anstett, seconded by Randklev to close the public hearing. Carried unanimously. MOTION by Elling, seconded by Anstett that the Andover Planning and Zoning Commission recommend to the City Council approval of the Janett Eveland rezoning application to Agricultural Preserve in accordance with Ordinance 8, Section 5.02, the property described as The Southeast Quarter of the Northeast Quarter of Section 28, Township 32, Range 24, noting the following: 1) A public hearing was held and we received no opposition; 2) The rezoning would be in compliance with the Comprehensive Plan; 3) The health, safety and welfare of the residents of the community are not affected; 4) Surrounding property values would not be adversely affected. r-, ~_/Motion carried unanimously. This will go to the City Council December 7, 1982. Recess 9:00 - Reconvene 9:15. James Glatt Eligibility for Agricultural Preserve (Comm. #11-82-4) Chairperson Bosell noted that this request is to have approximately 115 acres declared eligible for agricultural preserve. Commissioner Elling asked Mr. Glatt which part of the property they are living on now. Mr. Glatt noted that they live on the 10 acre parcel. Commissioner Elling asked how long they have been living there. Mr. Glatt stated that they have lived there since January 1976. They bought the property from the Vanderlaans in 1975 but didn't close on it until 1976. Chairperson Bosell suggested that Mr. Glatt check his contract and if Mrs. Gordon's name appears on the contract she will have to sign the application for initiating placement of land into a metropolitan agricultural preserve. MOTION by Anstett, seconded by Elling that the Andover Planning and Zoning Commission recommend to the City Council the eligibility of the James Glatt property for agricultural preserve pursuant to Ordinance 57 and 57A and State Statute 473.H, Subdivision 1. The property is 115 acres and there is only one residence on that property. This is in harmony with the general purpose and intent of the zoning ordinance and the Comprehensive Plan. / , I ~~.Motion carried unanimously. This will go to the City Council on December 21, 1982. James Glatt Rezoning Public Hearing (Comm. #11-82-5) Chairperson Bosell opened the public hearing. Planning and Zoning November 23, 1982 - Page 4 c) Commission-Meeting Minutes L_) \ '--'(Glatt Rezoning, Cont.) James Glatt, 1750 - 177th Avenue N.W. - stated that the land is a farm and they want it zoned as a farm. Chairperson Bosell noted that ~1r. Glatt stated there is a dwelling unit on the 10 acre parcel but there is no house there. Barbara Feltl - stated they are living in the barn. The Building Inspector told them they could live there. Chairperson Bosell asked what kind of sewer and water system they have. Ms. Feltl stated they have a well and a chemical toilet. Their water from the kitchen sink and shower runs outside into a trench that is covered with straw. Chairperson Bosell noted that this creates a problem. There is no way that this should have occurred. She stated that a pole building is not built for the snow loads that a house is. Mr. Glatt stated that the snow load on his building is more than that for a house. A house is required to be 40 pounds per square foot and his building is more than that. He also stated that in the State of Minnesota you do not have to have a building permit to build a house if you're a farmer. Chairperson Bosell felt that Mr. Glatt will have problems when this goes to the City Council / -,because he is not living in a house. \ \ , , -'Barbara Feltl asked if you have to have a residence on agricultural land in order to have agricultural preserve. Chairperson Bosell stated you do not. Commissioner Elling felt this is going to pose on the ground is a violation of Ordinance #37. from people complaining about the property. Chairperson Bosell asked if Mr. Glatt had building permits for the silos on his property. Mr. Glatt explained that they are personal property and he didn't get a building permit because a farmer doesn't need a building permit. some questions. Having raw sewage run out He also noted that he had some phone calls Chairperson Bosell asked Mr. Glatt if all of the vehicles on his property are in running condition as the city does not allow any junkyards. Mr. Glatt stated that they are all used in their business for hauling vegetables. All are in running order except one car, which is used as a dog house. Commissioner Anstett asked if Mr. Glatt had any future plans for removing the car that is not in running order. Mr. Glatt stated they could have it removed. Ms. Feltl noted that someone complained about their livestock running loose but they are now fenced. There is also an area where there is some trash but that is going to be covered. F 'Commi ss i oner Ell i ng noted that the items we are deal i ng with are a certi fi cate of occupancy, '-J~n-site sewage system and building permits. Discussion was on the depth of the well with Mr. Glatt stating that it is 176 feet deep. Planning and November 23, Page 5 ,(Glatt Rezoning, Cont.) ) Ms. Feltl stated that she can see where we could find some opposition to their residence, but she didn't think that has anything to do with rezoning the property. ( '. \... ) Zoning Commission'Meeting 1982 - Minutes \.....) Commissioner Elling stated that the Planning Commission has to look at the following ordinances in regard to this item: Ordinance 57, Agricultural Preserve Ordinance; Ordinance 19, the Building Code; Ordinance 37, Septic System Ordinance; and Ordinance 8, The Zoning Ordinance. Commissioner Anstett stated that it would be her inclination to rezone the property and if necessary, pursue the other situations as separate issues. Ms. Feltl asked if they ceased their occupancy, if that would help. Chairperson Bosell noted that they would not be able to move back there unless they had a house. Commissioner Anstett asked if they would consider vacating the premises. Ms. Feltl noted that she was only speaking hypothetically. Commissioner Anstett then asked the Chairman what she would recommend. Chairperson Bosell stated that the Commission could recommend the rezoning with contingencies. Commissioner Elling asked Mr. Glatt if he still wished to pursue the rezoning. Mr. Glatt replied "Just give us our $150.00 back and we'll drop it.. You people are all f_____ up." '- >s. Felt stated "Yes, we'll drop it." MOTION by Elling, seconded by Spotts to close the public hearing. Carried unanimously. Group W Cable Special Use Permit Public Hearing (Comm. #11~82~3) Chairperson Bosell opened the public hearing. Jim Commers, Director of Government Relations for Group W Cable - presented the Commissioners with copies of their site plan. Mr. Commers stated that they have just recently received a Special Use Permit from the City of Anoka to put up a 150 foot tower where they will be microwaving their signal to the surrounding communities. The Minnesota Cable Commission Board issued Group W Cable a certificate to install cable in Andover,Champlin, Anoka and Ramsey. The hub locations in those cities will receive the signal and process it to the subscribers' homes. The cable will be run down the telephone and power poles. The hub site is necessary because that is where the signal originates. Mr. Commers noted that what they are proposing here in Andover is a tower not to exceed 120 feet with guy wires. A 300 square foot building is also needed. He stated that they are proposing to lease the property on the corner of 162nd Lane N.W. and County Road 9. It will be a 15 year lease with a 10 year option. Chairperson Bosell asked if this location will expand the area they will be offering cable to. Mr. Commers stated it will not. They have to have 40 homes per cable mile. If there is an outlying area they are not required to serve that area. However, if those people want cable, they can have it as long as they pay the cost to get it to their area. Mr. Commers '~lso noted that TVQ costs $16.95 per month and Group W Cable is $7.95 per month. Group W ~-/Cable also pays the city a 5 percent franchise fee. Chairperson Bosell asked if there will be someone working inside the 300 square foot building they will build. Mr. Commers noted that there will be no one working there; it's only for / ' Planning and Zoning Commissi,- ~eeting November 23, 1982 - Minutes Page 6 (Group W Cable, Cont.) \ .J equipment. ~) Commissioner Elling asked who will maintain the property as long as they are leasing it. Mr. Commers noted that that will be their responsibility. Chairperson Bosell asked if this will be fenced. Mr. Commers stated that there will be a fence around the building and the tower. Discussion centered on the height of the tower and the fact that if it falls, it must fall onto their own property, not anyone else's. MOTION by Anstett, seconded by Elling to close the public hearing. Carried unanimously. MOTION1 by Elling, seconded by Spotts that the Andover Planning and Zoning Commission recommend to the City Council approval of the Group W Cable application for a Special Use Permit as required in Ordinance 8, Section 4.16 to allow the construction of a microwave tower at 162nd Lane and County Road 9, not to exceed 125 feet for the following: 1) A public hearing was held; 2) It will not adversely affect traffic conditions; 3) It will have no adverse affect on surrounding property values; 4) It is in harmony with the general purpose and intent of the zoning ordinance and the Comprehensive Plan. It is also the recommendation of the Planning Commission that the Special Use Permit be reviewed on a yearly basis. Motion carried unanimously. This will go to the City Council on December 21,1982. ~ , "Single Family Homes WjApartments (Comm. #3-82-4) Chairperson Bosell noted that this item came back to the Planning Commission because some of the Council did not like the previous recommendation. Commissioner Elling stated that he spoke to the man who is going to speak at a Planning Seminar on this issue and that man has not as yet written a model ordinance. Commissioner Spotts noted that the City of Champlin does not allow single family homes with apartments; however, when they do occur the City turns their backs. Commissioner Elling suggested tabling this item for a year until there is more information available. The rest of the Commission concurred. MOTION by Spotts to adjourn. Meeting adjourned at 10:50 P.M. Respectfully submitted, &u Vicki Volk, Commission Secretary , I , /