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HomeMy WebLinkAboutAugust 12, 1980 o o Call to order Approval of minutes 1. Comm. #8-80-1 2. Cornm. #8-80-2 3. Comm. #7-80-4 o o 0 ~ 01 ANDOVER REGULAR PLANNING AND ZONING COMMISSICN MEETING AUGUST 12, 1980 7:30 P.M. Ostman Variance Stan Carlson Variance Field Party Ordinance o o o o 0 ~ 01 ANDOVER o o o REGULAR PLANNING AND ZONING COMMISSION MEETING AUGUST 12, 1980 MINUTES The regularly scheduled Planning and Zoning Commission Meeting was called to order by Chairperson d'Arcy Bosell at 7:33 P.M. on Tuesday, August 12, 1980 at the Andover City Hall, 1685 Crosstown Boulevard N.W., Anoka, Minnesota. Commissioners Present: Apel, Kishel, Scherer, Anstett, Johnson Commissioners Absent: Lobb Also Present: Stan Carlson; interested residents Approval of Minutes July 22, 1980 MOTION by Kishel, seconded by Scherer to approve the minutes of July 22, 1980 as written. Motion carried on a 5 yes - 1 present vote. Stan Carlson Variance (Comm. #8-80-2) Stan Carlson, 680 Constance Boulevard N.W. - wants to put up a 30'x32' Ceco building. The narrowest building they sell is 30 feet wide. If he puts the building 10 feet from the property line he will have to make his driveway wider, which he doesn't want to do. Is requesting a variance to put the building 5 feet from the property line. Chairperson Bosell noted that the building will have to be moved to the south so it will not be closer to the road than his house. Commissioner Kishel asked Mr. Carlson if there would be a hardship if the building is moved farther south. Mr. Carlson stated that he would have to cut a lot of trees out which he doesn't want to do. He also stated that if the building is 10 feet from the lot line, it would be very difficult to get a big vehicle into his existing garage. Commissioner Scherer mentioned that there are other companies that make smaller buildings and if Mr. Carlson had a different kind, he would not need a variance. Mr. Carlson stated that he does not want a pole building with trusses as he needs the overhead space for working on sailboats, etc. Commissioner Scherer asked if the building would be taller than Mr. Carlson's house. It was noted that it might be, but it will be up to the Building Inspector to make that determination. Michael Caouette, 643 Constance Boulevard N.W. - lives across the street from Mr. Carlson and has not objection to the size of the building or the side yard setback. It was noted that the bUilding as shown on Mr. Carlson's drawing is over 1000 square feet which is not allowed. Mr. Carlson stated that after he had submitted the drawing he talked to the BUilding Inspector and found out it was too large; therefore, he will put up a C==;uilding that is 10 feet smaller then shown. The Commission was concerned that the future property owners to the east might not like to have a building this size five feet from their property line. Mr. Carlson noted that the property is now owned by his brother-in-law and that the property is wet and would not be Planning ar:;onin~~mmiss( ') Meeting 'August 12, 1~80 - Min6tes --' Page 2 () o o ,.--'1 suitable building site. ~) Richard Volbruck, 223 Constance Boulevard - stated that he lives down the road from Mr. Carlson. There are three existing pole buildings in the area with another presently being built. He has not objections to Mr. Carlson's building. MOTION by Apel, seconded by Johnson that the Andover Planning and Zoning Commission recommend to the City Council approval of a variance for Stan Carlson at 680 Constance Boulevard N.W. to construct a building five feet from the side lot line, for the following reasons: 1) There was no opposition expressed by the public; 2) It would not affect the value of the adjoining properties; 3) The area is largely rural and it would be consistent with the properties in that area; 4) It would be consistent with the Comprehensive Plan; 5) It would not adversely affect the health, safety, or welfare of the residents. Vote on motion: Yes - Anstett, Scherer, Apel, Johnson; No - Kishel,Bosell. Motion carried on a 4 yes, 2 no vote. This will go to the City Council on September 2, 1980. Commissioner Johnson stated that he seconded the motion because of the public input. He appreciates very much the input from the residents. Chairperson Bosell and Commissioner Kishel noted that they voted no because they didn't find adequate proof that the building could not be located on the property so that a variance would not be required and no hard- ship would have been created by moving the building elsewhere. Field Party Ordinance (Comm. #7-80-4) Commissioner Kishel explained that at a previous City Council meeting, several residents complained about a party on Constance Boulevard that got out of hand to the extent that several party goers broke into a house. The Council felt that the city should adopt a party ordinance to control future parties. Commissioner Anstett felt that the public's concern was whether they have to wait until someone breaks into a house or someone is hurt before the Sheriff's Department will do any- thing. Michael Caouette, 643 Constance Boulevard - stated that it was his house that was broken into. He was 65 miles away from home at the time and his wife was alone with their two small children. Noted that his wife had to sign a formal complaint before the deputy would arrest the intruders. Don Cann, 13828 Round Lake Boulevard; Joe Caskinette, 13852 Round Lake Boulevard; Stan Deden, 13836 Round Lake Boulevard - stated that the Sheriff won't do anything unless the city has an ordinance to control parties. Richard Volbruck, 223 Constance Boulevard - noted that the people in his area don't dare to drive down Constance Boulevard while one of the parties is in progress. Stan Carlson, 680 Constance Boulevard -- said that he called the Sheriff's office the day after the July 4th party and they told him to call the City Attorney, who told him to go to the City Council. The City Council sent the matter to P&Z. Michael Caouette - stated that an ordinance would stop a few people from having these parties, r'hich would be helpful. V Commissioner Anstett asked Mr. Caouette what he would suggest putting in the ordinance. Mr. Pl . r,. ~ . /\ M t' , ann1ng a~ ~on1ng,~SS,~ ee 1ng August 12. lY80 - Minutes Page 3 CJ o u ~Caouette felt that if the selling of liquor and beer was prohibited. a lot of parties would ' I \~,.lever get started. Chairperson Bosell noted that there is another area in the city which has had trouble with parties. She asked for comments regarding that area, which is on Round Lake Boulevard and l38th Avenue. Stan Deden- stated that the parties have been at the home of Robert Dallman. Whenever Mr. and Mrs. Dallman go on vacation their children have parties. This year, they had 5 parties in 6 days. There have also been parties on Good Value's property but the residents have had the road blocked off with dirt which has stopped those parties. These parties are attended by irresponsible teenagers. Michael Caouette - noted that 50-75% of the people attending the parties in his area are under age. Stan Carlson - noted that there are three areas of concern to him: trespassing. parking and noise. The noise is the worst because most of the people attending the parties in his area ride motorcycles. Joe Caskinette - stated that he had talked to Buster Talbot, the Anoka County Sheriff, about the parties. Mr. Talbot looked up an ordinance that states if a party is going on and the noise is disturbing the neighbors, it is unlawful. Don Cann - doesn't want to see an ordinance that would block wedding parties, etc. Chairperson Bosell stated that she talked to the City Attorney regarding this matter. He has talked to the County Attorney who is checking to see if an ordinance of this type would be constitutional. The city is looking for an ordinance that the Shefiff could enforce. Stan Carlson - stated that because of the annual 4th of July party on Constance, he has had to stay at home for the last three or four years on the 4th of July to protect his property. This item will be continued to August 26, 1980. Philip Hughes Discussion Chairperson Bosell explained that Mr. Hughes had sell both sides of a-duplex to separate owners. 8 and 10 should be amended to allow this or if a League of Minnesota Cities is mailing out copies called her to ask whether or not he could The Commission has to decide if Ordinances new ordinance should be drafted. The of ordinances dealing with this. Commissioners Johnson and Kishel stated that the Commission should wait until our ordinances are updated before deciding on Mr. Hughes' request. The Recor.ding Secretary will write to Mr. Hughes to notify him that our ordinances don't provide for this type of situation and that we are presently receiving bids to update our ordinances and this type of situation will be included. Ostman Variance (Comm. #8-80-1) / ":'he Ostman's are requesting a variance ,_:rdinance. They have installed a five states the fence must be unclimbable. from the fencing section of the swimming pool foot chain link fence around their pool. The ordinance However, the ordinance does not have a variance Pl' n. (- \ . r\ M t. . ann1.ng an, /on~ng0llll1~ssv ee ~ng August 12, 1980 - Minutes Page 4 (J o o ,.-Drovision. The Ostman's variance fee will be refunded. I '---' MOTION by Anstett, seconded by Kishel to adjourn. Motion carried unanimously. Meeting adjourned at 9:00 P.M. Respectfully submitted, fL.&; Vicki Volk Recording Secretary /- ...., ! "