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HomeMy WebLinkAboutNovember 25, 1980 o Call to order o o 0 ~ ~ ANDOVER PLANNING AND ZONING COMMISSION MEETING NOVEMBER 25, 1980 7:30 P.M. Approval of Minutes - October 28, 1980 & November 13, 1980 1. Corom. #8-80-5 2. Comm. #11-80-1 3. o Dog Ordinance Continued Public Hearing Christopher Westlund Variance Charles Skaug Discussion o o o 0 ~ ~ ANDOVER o o REGULAR PLANNING AND ZONING COMMISSION MEETING NOVEMBER 25, 1980 MINUTES The regularly scheduled Planning and Zoning Commission meeting was called to order by Chair- person d'Arcy Bosell at 7:33 P.M., Tuesday, November 25, 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 Virgil Wes tlund Approval of Minutes October 14, 1980 MOTION by Kishel, seconded by Scherer to approve the minutes of October 14, 1980 as amended. Motion carried on a 6 yes - 1 present (Apel) vote. November 13, 1980 Page 2, under Rosella's Addition discussion, Commissioner Johnson's comment should be changed to read ". .noted that it didn't seem like the Park Board", rather than Council. MOTION by Kishel, seconded by Apel to approve the minutes of November 13, 1980 as corrected. Motion carried unanimously. Christopher Westlund Variance (Comm. #11-80-1) Virgil Westlund, representing Christopher Westlund, stated that he plans on building a house for his father on the southeast corner of l42nd Avenue and Heather Street N.W. He is requesting the variance because he wants the front of the house to face Heather Street, which is the long side of the lot, rather than l42nd Avenue. His reasons for this request are that he doesn't want any windows facing north and the house has a south facing roof line for solar heating. He noted that there is a 100 percent heat loss from north windows. Chairperson Bosell asked if there are any homes on the south side of the lot. Mr. Westlund noted that there are not any houses to the immediate south and across Heather Street is a park. Commissioner Lobb asked which side of the house would have the solar panels. Mr. Westlund stated that they will be on the south side. Chairperson Bosell questioned if there is any way to protect Mr. Westlund's solar rights if someone builds to the south of him. Commissioner Scherer noted that at the present time there is nothing. Mr. Scherer stated that he has quite a lot of material on solar heating and earth sheltered homes. MOTION by Anstett, seconded by Kishel that the Andover Planning and Zoning Commission recommend to the City Council approval of a variance for Christopher and Ellen Westlund to build a ~10use facing the long side of the lot rather than the short side of the lot on the property located on the Southeast corner of Heather Street and l42nd Avenue N.W. (Plat 65928, Parcel 1 Planning November Page 2 d . ~ .'-, . an zon~n, ?mm~SE~ Meet~ng 25, 1980 ~Minutes o o / ',6765), for the following reasons: 1) It will not adversely affect the existing or potential .~use of the adjacent properties; 2) It is necessary to the reasonable use of the land; 3) A hardship is created because the property is longer on 142nd Avenue then on Heather Street, which is the reason for varying from the ordinance; 4) It is in conformance with the Comprehensive Plan insofar as future solar heating possibilities are concerned. Motion carried unanimously. This will go to the City Council on December 16, 1980. Dog Ordinance Continued Public Hearing (Comm. #8-80-5) Chairperson Bosell reopened the public hearing. Section 9 - Notice of Impoundment - Discussion centered on whether this notice should be posted in 3 conspicious places in the city. Commissioner Lobb felt that it shouHbe posted; Commissioner Scherer felt that it doesn't need to be posted; Commissioner Anstett stated that it's difficult for someone who is working in Minneapolis to check places like City Hall to see if there is a notice posted. Chairperson Bosell felt that in the notice, it should read: Name of Owner (if known). Section 3 - Requirements for License - Chairperson Bosell stated that since the ordinance does not set any fees for kennels or impounding, but instead states they shall be as set by City Council resolution, the license fee for each dog should be eliminated and be typed as follows: "The license shall expire on the 31st of May in each odd numbered year except as hereinafter provided, shall be issued only upon payment of the .license fee as set by City Council resolution to the City Clerk." Section 4 - Restrictions on Number of Animals - Chairperson Bosell felt that the second sentence sounds contradictory. She felt that it should be taken out. Commissioner Anstett also felt that it should be deleted. Section 15 - Quarantine of Certain Dogs - Commissioner Lobb asked who the City Health Officer is. The clerk noted that the Building Inspector is the City Health Officer. Section 17 - Proceedings for Destruction of Certain Dogs - Commissioner Anstett questioned what would happen if an owner is taken to court because his dog has been proven to vicious and then the dog is picked up again. The clerk will ask the City Attorney his opinion. Commissioner Lobb felt that cats should be licensed. Commissioner Scherer felt that the Commission should send the ordinance to the City Council with the changes proposed. MOTION by Kishel, seconded by Scherer to close the public hearing. Motion carried unanimously. MOTION by Scherer, seconded by Kishel to forward to the City Council the draft ordinance as revised for the following reasons: 1) The Commission has received a dog ordinance from Ham Lake and obtained materials from the League of Minnesota Cities and the City of Coon Rapids; 2) A public hearing was held. There was no public interest shown. Motion carried unanimously. This will go to the City Council on December 16, 1980. ~(Recess 8:55 - Reconvene 9:12) U Planning November Page 3 d Z "r~ "'" M t" an onu: omm~sf 1 ee ~ng 25, 1980 ~Minutes'-l o o /~,Dialogue with City Council I '---'. At this time the City Council joined the Planning Commission in a discussion on the goals and responsibilities of the Commission. Chairperson Bosell stated that she, as Chairman, has felt that the Council and the Planning Commission are not heading in the same direction and wondered if the Commission needed to be reinstructed by the Council as to what they should be doing. As an example, Hawk Ridge East and Rosella's Addition were sent back to the Commission after they had made a recommendation for approval to the Council. Councilman Lachinski felt that the Commission and the Council should again review some of the plats, variances, etc. that have come in. Commissioner Lobb asked if the Commission didn't give the Council enough reasons for the approval of Rosella's Addition. Mayor Windschitl stated that they always had plats that they're getting plats that don't have through streets. has been opposed to the plats the way they were drawn. had continuity of streets. Now He noted that the Fire Department Commissioner Kishel noted that the land left to be developed in the city is not the most desirable. He stated that it's a little hard to build a road through a swamp. Councilman Peach stated that the Council has to be concerned with public safety. Commissioner Apel questioned if we are to design the city for the Fire Department or for the people liVing here. Commissioner Kishel stated that the City Engineer is the one who should be telling the Commission what should be done on the streets. He noted that there are no professional land surveyors on the Council but they are trying to design the City. Chairperson Bosell asked the Council if they feel the Commission is not doing their job adequately when they send a recommendation to the Council that's unanimous and the Council sends it back to the Commission. Mayor Windschitl stated that it's been basically because of the streets. Councilman Orttel noted that the Planning Commission is an advisory The basic function of the Commission is to interpret the ordinances. were selected by the Council, so obviously the Council has confidence commission to the Council. All of the Commissioners in them. Commissioner Lobb stated that in other cities the the City Attorney attends all Planning meetings. help like haVing the attorney at the meetings. Planning Commission has help - in Ham Lake, He felt that the Commission could use some Commissioner Scherer noted that the Council doesn't see everything that is done by the Planning Commission. He felt that part of the problem is a lack of communication. Councilman Orttel stated that there is no procedure for items going back to the Commission from the Council. He felt that instead of sending it back to the Planning Commission, r~perhaps it could just go to the City Engineer and then to the Council. "----) Mayor Windschitl noted that another problem is that the Park Commission and the Planning . Planning and Zonin/'~'onunis(r",} Meeting November 25, 1980 ~Minutes'-.- Page 4 - " V o ,-~Conunission don't always agree on the park dedication. \... ..I,t Councilman Lachinski felt that at the time the Engineer receives a preliminary plat he should present it to the City Council. If the Council has any problems they can be taken care of at that time. Councilman Orttel stated that after the total review of a plat, maybe a step called Technical Review could be added. Mayor Windschitl noted that what needs to be done is to figure out how we want, roads contained in plats. Councilman Lachinski felt that the problem could be solved by having the engineer make a presentation to the Council at the beginning of the platting process. Conunissioner Anstett stated that whenever the Conunission has a new ordinance to write or a question regarding something else, they don't get adequate help from the attorney. Mayor Windschitl stated that a discussion with the attorney regarding this problem will be put on the next City Council agenda. The City Council left the meeting at this time. Conunissioner Johnson stated that he is not able to adequately prepare for the meetings as he does not receive his material until the Saturday or Monday before the meetings. Conunissioner Anstett noted that she has a problem in getting the City Council and Park Commission minutes. Usually she doesn't receive them until the night of the meeting. Chairperson Bosell felt that the Commissioners should make arrangements to pick their material up at City Hall if they don't feel they're getting it soon enough. Conunissioner Lobb noted that the engineer does not get his recommendations to the Conunission until the night of the meeting. MOTION by Lobb, seconded by Scherer to adjourn. Motion carried unanimously. Meeting adjourned at 10:20 P.M. Respectfully submitted, LL.~ Vicki Volk, Clerk r-" \.'./