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HomeMy WebLinkAboutNovember 13, 1980 o o Call to order. Approval of Minutes. 1. Comm. #10-80-2 2. Comm. #8-80-5 ...3. o o 0 ~ ~ ANDOVER o REGULAR PLANNING AND ZONING COMMISSION MEETING NOVEMBER 13, 1980 7:30 P.M. Jerry Schilling Variance Dog Ordinance Public Hearing ~.se.."""~ IlJJ;.f.,"" +h.. -:Pial-- I I I I I !o I o 000 ~ ~ ANDOVER REGULAR PLANNING AND ZONING COMMISSION MEETING NOVEMBER 13, 1980 MINUTES The regularly scheduled Planning and Zoning Commission meeting was called to order by Chair- person d'Arcy Bosell at 7:30 P.M., Thursday, November 13, 1980 at the Andover City Hall, 1685 Crosstown Boulevard N.W., Anoka, Minnesota. Commissioners Present: Commissioners Absent: Also Present: Apel, Kishel, Scherer, Anstett, Johnson, Lobb None City Engineer, Larry Winner; Rosella Sonsteby; Jerry Schilling Approval of Minutes October 14, 1980 The clerk was requested to listen to the tapes from this meeting to determine whether a road going to the west on Rosella's Addition was mentioned. Approval of these minutes will be postponed until the November 25 meeting. October 28, 1980 Page 1, paragraph 1, "dated" should be changed to "deeded". Page 1, paragraph 3, 5 years should be changed to read 9 years. Page I, last paragraph, last sentence, after Mrs. Sonsteby's the word "land" should be added. Mrs. Sonsteby stated that on page 2, the last paragraph, she was wrong when she said that the Hagens did not offer to buy the property. MOTION by Kishel, seconded by Anstett to approve the minutes of October 28, 1980 as corrected. Motion carried on a 5 yes, 2 present (Lobb, Bosell) vote. Jerry Schilling Variance (Comm. #10-80-2) Jerry Schilling, 14861 Evergreen Street N.W. - stated he would like a variance to build an accessory garage closer to his front lot line than his house. The reasons he noted were because it will be the most convenient place on his property, it will not detract from the layout of his lot, and it will be behind the neighbor's buildings. Chairperson Bosell asked Mr. Schilling if the Building Official had suggested he obtain a building permit. Mr. Schilling stated that he knew that the garage couldn't be in front of his house and therefore requested the variance. He stated that the garage will be 100 feet from the road and 18 feet from the lot line. Commissioner Anstett asked if trees would have to be cleared out if the garage is put in a different location. Mr. Schilling stated that there are a lot of big oak trees and underbrush that would have to be cleared. The location he would like to put the garage on has some dead trees that he would have to cut down. ~ai:p:rson Bosell noted that he could build this garage next to his existing garage without requ~r~ng a variance. Mr. Schilling stated that he would then have a drainage problem. 'planning November Page 2 d . r----. . .r'.,M . an Zon~ng ImUSSl eet~ng 13, 1980 -'~{nutes '-/ o o ~~r. Schilling stated that if the garage is put in another location he would have to provide .~1me kind of driveway to get to it. Chairperson Bosell asked Mr. Schilling what the purpose of the garage will be. Mr. Schilling explained that he has an old car and a boat that he wants to store. Chairperson Bosell noted that there are three other accessory garages in the neighborhood and they are all compliant with the ordinance. Mr. Schilling stated that he is at a disadvantage because his house is set out at an angle. Commissioner Kishel noted that he could not find any good reasons to approve this variance. Commissioner Apel stated that we're stuck with the ordinance whether or not we like it. MOTION by Apel, seconded by Johnson that the Planning and Zoning Commission recommend to the City Council denial of a request for a variance for Jerry Schilling, 14861 Evergreen Street N.W. to build a garage closer to his front lot line than his house for the following reasons: 1) There appears to be no hardship involved relative to the topography of the land; 2) It does not preclude the reasonable use of the land. Motion carried unanimously. This will go to the City Council on December 2, 1980. Rosella's Addition Preliminary Plat (Comm. #6-80-5) City Engineer, Larry Winner - presented an aerial map showing Mrs. Sonsteby's property and the land surrounding it. He stated that the Council's concern was that there should be road access to the west of this pmt. Mrs. Sonsteby had previously submitted a sketch plan showing the extension of Woodbine Street in the future. Mr. Winner noted that his recommendation is that a street would not be needed to the west because the most cost effective would be to extend Woodbine Street because of the swamp land to the west. There is only a small part of the 40 acres to the west that is buildable. Chairperson Bosell explained that the City Council has not approved Mrs. Sonsteby's plat because of this street. If the Commission recommends that this street not be put in, the Council should go ahead and approve the plat. Commissioner Lobb asked if the park question had been settled. Chairperson Bosell noted that the Commissioners received a recommendation from the Park Board this evening. Rosella Sonsteby, 4151 - l4lst Avenue N.W. - stated that it would be disastrous to have a road going to the west and having Woodbine extended. Chairperson Bosell noted that the Park Board has changed their recommendation from what was received previously. Mrs. Sonsteby stated that there is a petition from the people in the area for the park land to be on the lake. Commissioner Johnson noted that it didn't seem like the Council wants the lake lots. ,-nommissioner Lobb stated that if the Council wants a road to the West, the easement should be ,I d ,-_--,lprove . Commissioners Lobb, Apel and Anstett concurred with the Engineer's recommendation that no stub street go to the west. ~Planning November Page 3 d . /'" . .r" . an Zon~ng IlIU~SSl Meet~ng 13, 1980 - 'M{nutes '-/ () o .' ~OTION by Kishel, seconded by Anstett that the Andover Planning and Zoning Commission ~ ..'eco;;;mend to the City Council approval of Rosella's Addition Preliminary Plat without a 'stub street being constructed to the West for the following reasons: 1) Woodbine Street would give access to the area immediately to the west and consist of a street that is dedicated and proposed to be improved, allowing full access to that property when and if it is developed; 2) Stubbing the street to the west off of Vintage would create a difficult land pattern for that area to the west should it be platted; 3) The area that would be able to be developed to the west consists of a lot of land lying in the flood plain which is not suitable for building sites; 4) The City Engineer has reviewed the matter and his recommendations are attached. Motion carried unanimously. This will go to the City Council on November 18, 1980. Dog Ordinance Public Hearing (Comm. #8-80-5) Chairperson Bosell opened the public hearing. Commissioner Anstett noted that there are some clerical errors in the draft ordinance. Commissioner Johnson expressed concern over the fact that the entire City Council would have to issue a proclamation ordering the muzzling of dogs in the event of an outbreak of rabies. He felt that the Mayor alone should be able to do so. The clerk will ask the City Attorney for his opinion of this matter. Section 17. Kennels - Commissioners Anstett and Johnson felt that the following should be added because as it is stated, anyone can have a kennel anywhere they want: "and meeting the criteria as set out in Ordinance 8." They also felt that rather then putting actual dollar amounts in for the kennel license and the dog license and the impounding and boarding fees, it should state "as set by City Council resolution." Commissioner Johnson asked why the section dealing with dog hospitals was taken out. Commissioner Scherer noted that there are two issues - one is granting a license for a dog hospital and one is for controlling the behavior of dogs. The clerk will ask the City Attorney if we should have an ordinance that deals with licensing dog hospitals and what kind of language we should use. The reason for this being that we are eliminating the reference to dog hospitals and there is no language that requires a dog hospital to obtain a license. Commissioner Anstett noted that in the draft ordinance there is nothing that deals with a dog that bites. Chairperson Bosell stated that due to an oversight, Section 17 from the League of Minnesota Cities' model ordinance was left out. The clerk will add this section. The ordinance will be retyped making the changes as suggested by the Commission and forwarded to the City Attorney for his written opinion. This will be continued to the November 25 meeting. MOTION by Lobb, seconded by Kishel to adjourn. Motion carried unanimously. Meeting adjourned at 9:02 P.M. Respectfully submitted, ~-.~U' ~ Vicki Volk, Recording Clerk