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HomeMy WebLinkAboutNovember 27, 1979 (2) U 0 ~ ~ ANDOVER 00 1685 Crosstown Blvd, NW. . Anoka, Minnesota 55303 . (612) 755.5100 \...../ REGULAR PLANNING AND ZONING COMMISSION MEETING DECEMBER 11, 1979 7:30 P.M. ; " Call to order Approval of minutes 1. 2. Cornm . 115-79-8 3. Corom. #11-79-1 4. Cornm . ff12-1-79 5. 6. /" ---, "'----, Solar Access Protection Chris Ha1uptzok Canfield Road Location John zi11hardt Variance Baker & Sons Rezoning Continued Public Hearing - Ordinances 8 & 10 Amendments Continued Public Hearing - Rezoning Urban Service Area I.' 0 0 ~ ~ ANDOVER 00 1685 Crosstown Blvd. NW. . Anoka, Minnesota 55303 . (612) 755-5100 ~ REGULAR PLANNING AND ZONING COMMISSION MEETING DECEMBER 11, 1979 MINUTES The Regular meeting of the Planning and Zoning Commission was called to order at 7:30 p.m. by Chairperson d'Arcy Bosell on December 11, 1979, at the Andover City Hall, 1685 Crosstown Boulevard N.W., Anoka, Minnesota. Commissioners Present: Byron Copley, Ralph Kishel, Larry Retzlaff, George Lobb and Walter Dick Commissioners Absent: Richard Okerlund Also Present: Mark Schumacher, TKDA; Jim Uttley, John Zillhardt, William Baker, Jr., Doug Steele, Pat Anstead, Approval of Minutes: November 27, 1979 On Page 1, referring to Walter Vasecka speaking on Ordinance 8 & 10, the second sentence should read, He stated that he saw the notice .. , instead of He stated that in . Page 1, referring to the same paragraph as above, the word ask should be changed to asked, and further in that same sentence, the word suppose should be changed to supposed. Page 2, third paragraph, instead of one and half story, it should read one and ~ half story. Page 2, fourth paragraph, the word over should be inserted between carry and through. Page 3, last line, the word suppose should be corrected to supposed. Page 3, last paragraph, the word or should be corrected to of. Page 3, second paragraph under Pat Anstead, the word suppose should be corrected to supposed. Page 4, under Motion by Bosell, item 2, the words put up should be deleted and the word included inserted in their place. MOTION by Dick, Seconded by Lobb, to approve the minutes of November 27, 1979, as corrected. Motion carried unanimously on a 6-0 vote. ;] At this time Chairperson Bosell stated that Item #2 of the agenda would be continued to the December 17th meeting. o () Pla.nrf.] &Cling December 11, 1979 Page 2 Commission Meeting - Minutes o John Zillhardt Variance (Corom. #11-79-1) John Zillhardt, 3753-145th Avenue N.W. - stated that he is asldng for a variance on his proposed garage. He is also requesting that the easement on his property be vacated. Chairperson Bosell asked that Mr. Zillhardt submit a letter as an application requesting that the easement be vacated. Also, Bosell stated that the variance and the request for the easement being vacated should be handled at the same time because you cannot very well vary from something that has a contingency on it. Discussion: Bosell raised the issue that Ordinance 8, under the Shore land Section, does not allow placement of structures wi thin 75 feet of the ordinary high water mark; Mr. Zillhardt' s home is claser than that already. Mr. Zillhardt stated that the concrete slab was put in by the previous owners and he had had the garage almost ful~ completed when he was notified that there Nas a problem. MOTION by Retzlaff, Seconded by Lobb, that the Andover Planning and Zoning Commission recommend to the .~dover City Council approval of the variance for John Zillhardt at 3753-145th Avenue N.W., and the positioning of the garage in this location does not advorse~ affect the health, welfare or safety of the residents of _~dover, does not compromise the intent of the Comprehensive Plan or the Ordinances of the City of Andover. Discussion: Commissioner Retzlaff would like to emphasize that the Commission does want a vacation of the easement application. Byron Copley, 3723-145th Avenue N.W. - speaking as a neighbor stated that the garage is not offensive, it fits in with the neighborhood, in fact it improves the lot and the location. Vote on motion, 5 yes votes (Kishel, Retzlaff, Lobb, Dick & CopleYh 1 no vote (Bosell). This will go before the City Council on January 2nd, 1980. (or the next meeting) o Solar Access Protection James Uttley from Metropolitan Council - stated that what he would like to do is go over the material he sent to the COlTll'nissioners a couple of weeks ago, in the same order that it is presented in the handbook under the chapter entitled "Planning for Solar Access Protectim". Definition of BTU - is a very small unit of energy measurement. It is the energy that is required to raise the temperature of a pound of water 1 degree Fahrenheit, or another way, when you heat one quart of water to boiling it requires 300 BTU's of energy. Figure 1 - from 1978 Minnesota Energy Agency Bi-Annual Report to the Legislature. This was a projection of demand and supp~ of three types of fuels: coal, petroleum and natural gas. Demand is under supp~ until 1987 and then demand goes outside; which means we will be wanting more energy than there is energy available. Commissioner Retzlaff asked if nuclear energy is included in this. Mr. Uttley stated that it is not. Figure 2 - is a projection of price forecasts from 1975 to 1990 and they are all going up. How is energy used in the state? About 1/3 is used for industrial processes of various types. Thirty-five percent is used for transportation. Thirty-two percent is used for space heating, cooling and hot water heating. (The last figure of 32% can be readily converted to solar energy). o o o Planf..) Oning December 11, 1979 Page 3 Con~ssion Meeting - Minutes o (Solar Access Protection contI d.) Mr. Uttley sho~ed some diagra.'1lS of what active solar systems look like. The collectors can be put of roofs, on south facing walls, in the yard, in the garage roof. The distribution system is usually ~ater or air. The storage facility can be blocks for air, and for water a well insulated tank with a pump and heat dis- tribution system into the house. The t~o critical times of the year for solar access measuring are December 21st and June 22nd. The reason these are critical is because of the sun being much lower in the winter and also the shado~s cast by the sun. Thi s is important when making regulations to protect solar energy systems. A number or ordinances that are being proposed out of the country cite the need to protect a fixed amount of time during the day, say from 9 until 3 for solar energy systems. Mr. Uttley suggested that by using higher density single family zones on a south sloping hill or the use of to~n houses, you would be taking advantage of the topography for additional solar access. How does one plan for protecting solar access? Mr. Uttley suggested to collect data, analy3e it, develop goals and objectives, select the policies that fit your community and then move to implement those policies through ordinances and administrative procedures. Commissioner Retzlaff asked if anyone has solar access protection in Minnesota. Mr. Uttley stated there are none that he is aware of but that California, Arizona and Nel~ Mexico have passed some. He advised that because of the different weather conditions and direct sun in these states that it would not be good to use their types of plans. Mr. Uttley listed some ideas ~hich pertain to protection in the future: 1. The height of a building should be defined from the peak to the average grade. 2. Decide how much solar access you want to protect. \-Ihether you to protect to the southern facing top of the roof or to the entire south facing wall or perhaps to an area of the south yard. 3. Modifying lot dimensions is a way to approve solar access. 4. Reducing front yard setback. S. Propose more east/west streets. Mr. Uttley stated that Andover is required by State law as are all other cities, to have a solar access element as part of the Comprehensive Plan that is submitted to the !1etropolitan Council. (Recess taken at 9:20 to 9:30) Baker & Sons Rezoning (Comm. #12-1-79) William Baker, 16611 Yttrium St. N.W. - stated that the reason he is back is because the City Council recommended they would be more in favor of a rezoning Limited Business so that they could have more control of the type of business that could operate out of here and this would restrict it to a real estate office or office rather than the possiblity of having a restaurant. Chairperson Bose11 stated that the City Attorney said that before rezoning is granted to a property, there can be an agreement bet~een the applicant and the City as to limiting what use you are going to put on the land. Once the rezoning is done, this cannot be done. Mr. Baker says that he has not talked with anyone yet in regard to the agreement but he did indicate at the City Council meeting that he was willing to do this. Bose11 pointed out a couple of things that would require a variance on this rezoning: (1) the size, (2) the setback from the building. (This would not be a, variance, only that it does not conform with Ordinance 8, Section 6.02) o o Plan<~-) &.~ning Commission Meeting December 11, 1979 - l1inutes Page 4 (j (Baker & Sons Rezoning cont'd.) Chairperson Bosell opened the public hearing at this time. There was no input from the audience. MOTION by Retzlaff, Seconded by Kishel, to close the public hearing. Motion carried on a 6-0 vote. !-rotion "Was made at this time by Copley but died for lack of a second. Copley reintroduced his motion. }I0TIOU by Copley, Seconded by Retzlaff, that the Planning and Zoning Commission recommend to the Andover City Council that they rezone the property described as: pt of the NE 1/4 of NE 1/4 of Sec. 17-32-24 Des as fol to-wit - comm at a Pt in the center of the road 59 rods S of the UE cor of said sec 17 - th W 10 rods - th S 10 rods - th E 10 rods to the cen of said road - th N 10 rods to the pt of cor.m - subj to Hwy easement to Co. of Anoka per f c 6/24/63, to Limited Business contingent upon an agreement drawn up beheen the applicant and the City Council as to the use of the property, (2) a public hearing was held and there was no opposition, (3) the use of the land is comparible to the surrounding area, (4) it is not detrimental to the health, safety or welfare of the City of Andover, (5) it is also recommended that the City Council grant a variance because the square footage of the land does not meet the requirement for Limited Business of Ordinance 8, Section 6.02. Discussion: Retzlaff inquired if Copley had put in the motion that it be contingent upon an agreement. The clerk read that portion of the motion. Dick requested that the full motion be reread. Motion read in full by clerk. Vote on motion - No - Lobb, Dick, Kishel & Retzlaff. Yes - Bosell & Copley. Motion fails on a 4-no, 2-yes vote. Kishel stated that his reason for voting no is because this is spot zoning, and he is against spot zoning; the building is too small and also it doesn't meet the stan- dards for setback for any type of public use. Retzlaff pointed out that because Copley'S motion failed, this does not deny it, the Commission still has to disposition it. Copley stated that the City allo"Ws real estate to be carried on from a person's residence, there isn't a lot of space needed, the building is already there, it is an improvement over what was there, and he sees it as a better use of what it is now than what it will be, and the fact that there is to be an agreement. Mr. Baker addressed Commissioner Kishel and stated that he did not understand his reasoning. Mr. Baker felt that they have improved the area and had planned to do more improvements. He stated that it would be more detrimental to the City to have a residence made of the structure. Retzlaff did not feel that this is a rezoning matter but said that it is more like a special use permit. (Councilman Peach was in the audience and stated that as far as the City Council was concerned, he interpreted that nobody was against this guy using his property as real estate property). The motion of Copley was reintroduced at this time and the second by Retzlaff was remade. Vote on motion - No - Dick, Kishel & Lobb, Yes - Bosell, Copley & Retzlaff. Tie vote. This will go to the City Council. Chairperson Bolsell stated that the Chair could withdraw her vote, but stated that she preferred to send this to the City Council with a tie vote. Retzlaff concurred with this action. 11ichael Beal, 3l53-l64th Avenue N.E. - He ha~ no opposition as being one of the closess dwellings to the real estate office.lIlfeIt that he couldn't see ho"W the Planning and Zoning Commission could approve this matter without first seeing the agreement between the City Council and the applicant. He would like to see this limit it on~ to the use of real estate and something specific as to what would .~ ,-, 1 ~ r\ ~ o Planr~) ~ning Commission }weting December 11, 1979 - Minutes Page S o (Baker and Sons Rezoning cont'd.) happen at the end of that duration. Doesn't care to see something like a Tom Thumb Store. Mr. Beal stated that the property has been improved and the use of it is better than it was in the past. He also said that he has talked to some of the neighbors and they had no opposition to a real estate business. Chairperson Bosell wanted to emphasize that this matter will be going back to the City Council and would like to highlight the facts: (1) the Planning Commission feels that the agreement should state that the use would be limited to real estate office and, (2) that there would be some stipulation as to what waid occur in case the use changes. Lobb was not in agreement with this. He feels that this is spot zoning, the setbacks do not meet the requirements, it does not meet the minimum size. He also feels that someday the road there will be continued. He agreed with Kishel in that this is not good planning and is not conducive to the Comprehensive Plan. Dick's feelings were the same as Lobb's. This will be dealt with either on January 2nd or January 8th, 1980 by the City Council. d'Arcy said that she would contact William Baker and let him know on which date the City Council will look at this matter. (Chairperson Bosell requested that Item #6, the continued Public Hearing on the Rezoning Urban Service Area, be dealt with at this time since there were people in the audience with regard to this matter). Continued Public Hearing - Rezoning Urban Service Area Bosell adviGed the commissioners and people in the audience, that the area east of the Urban Service Area may not be included in the moratorium because of a prior moratorium placed on this area during 1976-1977. This area is still being looked at for rezoning. Doug Steele, 643-140th Lane N.W. - felt that the area outside of the Urban Service Area which is being looked at for possible industrial use falls right into the middle of the Coon Creek Watershed District and is not conducive for industrial use. Mr. Steele says that Bunker Lake Park has been set aside for people to enjoy and does not think that this area is conducive to factories. He feels that the land in this area is most conducive to houses instead of factories. Arthur Fedie, 74S-14oth Lane N.W. - says that his personal feelings are that if this area is rezoned industrial, the City is just asking for a plastics factory here. He likes the area just the w~ it is, and prefers that the area be left the way it is. Robert Nehring, 14122 Prairie Road - wanted to know what the Commissions' intentions and reasons were for looking at this particular area as industrial zoning. Chair- person Bosell stated that the Commission is looking at this area for potential industrial use and is also at the same time listening to residents and their opinions. Copley stated that the Commission is looking at many alternatives which will benefit the City. Copley also felt that the railroad tracks in this area would provide a good transportation outlet for future industr1es. Mr. Doug Steele - spoke again, and stated that he ~isagrees wit~this land being industrial. He also felt that all landowners with~3S0 feet haM^oeen notified and said the meeting was being held illegally. Chairperson Bosell reassured MI. Steele that all proper landowners had been notified and that notice of the meeting had been in the paper. (Commissioner Walter Dick left the meeting at this time). u ,~.'\ \...) Plam':--'; Oning Commission }feeting Decembe'r 11, 1979 - Minutes Page 6 ,.-- '- , ,--/ (Public Hearing - Rezoning Urban Service Area cont'd.) Commissioner Retzlaff stressed the fact that the Commission is only looking at this land for possible rezoning. It is for getting input and different ideas. ,,,II Pat Anstead, 720 N.W. Andover Road - asked what she and her neighborsAdo as a public to help influence the Commission. Chairperson Bosell stated that the more numbers, the better. Pat Anstead said that she likes the residential living in this area and is opposed to industrial. Bosell also told Pat about the Residents Forum of the City Council meetings and recommended Pat to go and talk about any problems, ask any questions she may have, and get other neighbors involved. Pat Anstead asked what would be the next step in looking at this rezoning. Chair- person Bosell said that this would have to go before the Coon Creek Watershed and also the County Board. Chairperson Bosell continued this item to the meeting of December 17, 1979. Continued Public He~~ing - Ordinances 8 & 10 Amendments This item is to be continued to the next meeting. MOTION by Lobb, Seconded by Retzlaff, to adjourn the meeting. Motion carried unanimously. The meeting was adjourned at 11:40 p.m. /ruvrll. J{;k . Mary ~ ~iley r Recording Clerk ," " \ ;