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HomeMy WebLinkAboutOctober 21, 1980 o Call to order 1. Comm. #8-80-5 2. Comm. #8-80-10 3. Comm. #8-80-12 4. Cemm. #9-78-6 o o o 0 ~ ~ ANDOVER SPECIAL PLANNING AND ZONING COMMISSION MEETING OCTOBER 21, 1980 7:30 P. M. Dog Bite Ordinance Ordinance 8, Sections 7.01 and 3.02 Multiple Conversion Ordinance Rum River Scenic River Ordinance o o o 0 ~ ~ ANDOVER o o SPECIAL PLANNING AND ZONING COMMISSION MEETING OCTOBER 21, 1980 MINUTES A Special Andover Planning and Zoning Commission meeting was called to order by Chair- person d'Arcy Bosell at 7:40 P.M., Tuesday, October 21, 1980 at the Andover City Hall, 1685 Crosstown Boulevard N.W., Anoka, Minnesota. Commissioners Present: Apel, Kishel, Lobb, Anstett, Johnson Commissioners Absent: Scherer Do~ Bite Ordinance (Comm. #8-80-5) Chairperson Bosell noted that the Commissioners had received some information from the League of Minnesota Cities which contained ideas on what could be put in an ordinance. Also received was a copy of the Coon Rapids Dog Ordinance. Commissioner Anstett noted that our ordinance already refers to nuisance dogs and what we need is something on biting dogs. Chairperson Bosell felt that dog bite complaints could be handled by someone other than the City Council, such as the dog catcher or the Sheriff. Commissioner Apel stated that we want to make sure we don't get too procedural. The City Attorney has suggested that we make it a misdemeanor to have a vicious dog. Chairperson Bosell noted that the way our ordinance now reads, the City Council has to determine what constitutes a vicious dog and a biting dog. Commissioner Apel suggested taking Section C, Classification of Biting Dog, out of Ham Lake's ordinance and use it in ours, but change City Council to some other person. Chairperson Bosell stated that one of the things she liked about the ordinance from the League was that they had some definitions in it. Commissioner Johnson liked Section 6-105 of Coon Rapids' ordinance regarding Confinement and Leashing. Commissioner Anstett stated that there is nothing in that section dealing with dogs under voice control. Commissioner Apel asked if there was anything at all in our ordinance dealing with dogs that are kept for protection. Chairperson Bosell noted that if you go to a home where a dog is kept for protection and no one is at home and the dog attacks you, it can be construed as running at large. It was the concensus of the Commissioners to have the clerk type up a draft ordinance using the long form as suggested by the League of Minnesota Cities. A public hearing will be held on this ordinance the first meeting in November. Commissioner Johnson wants to see a section in the ordinance making it a nuisance for a dog to leave excrement on someone's property. c=) Ordinance 8, Sections 3.02 & 7.01 (Comm. #8-80-10) Chairperson Bosell noted that at the last meeting the Building Official spoke to the Commission regarding floor area. The City Clerk suggested some language that should be I. d f~ f\ . P ann1ng an zO'J COIIIII\ )10n October 21, 1980 - Minut~ti Page 2 Meeting " \ U o r') put back into the ordinance. This language was previously taken out of the ordinance. ,~. The Building Official also felt that the language should be put back in. The language is necessary as the present ordinance does not deal with floor area for a double. MOTION by Johnson, seconded by Apel that the Andover Planning and Zoning Commission recommend to the City Council to reinsert the following language into Ordinance 8, to make it less restrictive to build doubles: (EE) Floor Are~ The sum of the gross horizontal areas of the several floors of the building or portion of the building thereof, devoted to a particular use, except in R-l through R-4 Districts for 1 or 2 family dwellings as defined in Section 6.02. In R-l through R-4 Districts for 1 or 2 family dwellings, floor area shall be defined as the square footage of ground coverage of the structure, exclusive of garage, except that full two-story structures shall have a minimum of 80% of the minimum requirement. However, the floor area shall not include basements or cellars, other than the area devoted to retailing activities, the production or processing of goods, or to business or professional offices. Motion carried unanimously. This will go to the City Council on November 5, 1980. Section 7.01 Permitted Uses - Chairperson Bosell stated that the Commission had recommended to change the word resident to owner in Section 3.02, Urban Agricultural Uses. The City Clerk didn't have any objections to that. Commissioner Anstett asked if we change the definition, doesn't that mean that it would apply to other areas of Urban Agricultural use. Chairperson Bosell noted that Urban Agricultural is allowed not allow anyone to build a residence in a commercial zone. change the word 'owner' to 'resident'. in all district but we do That is why we should Commissioner Anstett questioned whether this would prohibit someone fram renting a property and raising crops on the rented land. The Clerk will request an opinion on this fram the City Attorney. MOTION by Apel, seconded by Lobb that the Andover Planning and Zoning Commission recommend to the City Council approval of the attached amendment to Ordinance 8. Motion carried unanimously. This will go to the City Council on November 5, 1980. Multiple Conversion Ordinance (Comm. #8-80-12) The Commissioners received drawings of a party wall which meets the specifications of FHA and VA. Commissioner Lobb stated that the biggest difference in the party walls for a rental unit and one which would be sold is that one has an air space and the other does not. Chairperson Bosell asked if this could be effectively handled without writing an ordinance. The easiest way to deal with this is to have the consultant who will be rewriting our ordinances handle it. He can incorporate into our ordinance the necessary language. Same of the criteria we could use is the specifications for the party wall, air space, each unit be served by its. own well, sanitary sewer service for each unit, that a surveyor establish the zero lot lines, and a party wall agreement be drawn up. ~ The clerk will contact Philip Hughes, who wants to convert a duplex and explain that the ordinance will be changed and what we are looking at to convert duplexes. The clerk will Planning and Z: )~g CorC-)sion Meeting October 21, 198u - MinuLes Page 3 () u , ') \.../ also send a memo to the consultant who will be updating the ordinances. to the City Clerk and the City Attorney asking for their comments. Rum River Scenic River Ordinance (Comm. #9-78-6) Chairperson Bosell explained that some time back the City Council approved the Scenic River Ordinance; however. the DNR did not. They asked that a section dealing with substandard lots be inserted into the ordinance. There are no substandard lots in the scenic river district so this language can be added to the ordinance. Another item requested by the DNR was to have all of the lots 4 acres in size. (Recess 9:05 - Reconvene 9:19) MOTION by Apel, seconded by Kishel that the Andover Planning and Zoning Commission recommend to the City Council that the following be reinserted into the Scenic River Ordinance to come into compliance with DNR regulations: '5.03.02. If in a group of contiguous lots under single ownership. any individual lot does not meet the lot width requirements of this ordinance, such individual lot cannot be considered as a separate parcel of land for purposes of sale or development, but must be combined with adjacent lots under the same ownership so that the combination of lots will equal one or more parcels of land each meeting the lot width requirements of this ordinance, except that such lots which meet or exceed 60 percent or more of the lot width standards of these regulations may be considered as a separate parcel of land for the purpose of sale and development. if on-site sewage disposal systems can be installed so as to comply with these regulations." Motion carried unanimously. This will go to the City Council on November 5, 1980. Minimum Lot Size on River Lots - Commissioner Kishel suggested that the first tier of lots on the river be 4 acres and the second tier be 2~ acres. Other cities and the county have incorporated this into their ordinances. He suggested that our ordinance be changed to read: Minimum lot size: a) Riparian lots - 4 acres; b) non-riparian lots _ 2.1z acres. Commissioner Anstett questioned why we would change the lot size. Commissioner Kishel noted that we are too restrictive. Commissioner Anstett felt that all of the lots should be 4 acres. The area would become too cluttered if we allowed 4 acres on the river and then 2.1z acres after that. She stated that our rural areas should be kept as open as possible. MOTION by Kishel, seconded by Apel. that the Andover Planning and Zoning Commission recommend to the City Council that the following be inserted in the Scenic River Ordinance under Section 5.02.01: Minimum Lot Size: a) Riparian Lots - 4 acres; b) Non-riparian lots - 2.1z acres. Commissioner.Johnson asked if the rest of the requirements in that section are appropriate to 2.1z acre lots. Chairperson Bosell stated they would still apply. Vote on motion: Yes - Apel. Kishel. Johnson, Lobb. Bosell. No - Anstett. Motion carried on a 5 yes 1 no vote. This will go to the City Council on November 5, 1980. " ,I MOTION by Kishel. seconded by Anstett to adjourn. adjourned at 9:40 P.M. Motion carried unanimously. Meeting Respectfully submitted. iLL. I:/L/ Vicki Volk, Recording Clerk