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HomeMy WebLinkAboutApril 12, 1977 o o 0 CITY of ANDOVER o o PLANNING AND ZONING COMMISSION Regular Meeting - April 12, 1977 AGENDA Time Capsule Approval of Minutes 1. Comm. #12-76-5 Lot Split Ordinance Public Hearing 2. Comm. #3-77-4 Obscenity Ordinance discussion 3. Comm. #4-77-1 Buildability Ordinance discussion 4. Progress Report from Subcommittee for Ordinance Revision 5. Ordinance Violations Report Committee to appoint individual to represent Andover to Met Council o Publish on April 8, 1977 r--, U o o o o o 0 CITY of ANDOVER o REGULAR PLANNING AND ZONING COMMISSION MEETING April 12, 1977 MINUTES The Regular Meeting of the Andover Planning and Zoning Commission was called to order at 7:30 P.M. by Chairman Don Jacobson on April 12, 1977 at the Andover Community Center, 1685 Crosstown Boulevard NW, Anoka, Minnesota. Commissioners Present: d'Arcy Bosell, Walter Bruns, James Elling, John Johanson, Ralph Kishel Commissioner Absent: Larry Retzlaff Also Present: Councilman Ted Lachinski, Richard Schneider, and others Minutes Motion by Commissioner Bosell, seconded by Commissioner Johanson, that we accept the Minutes of March 22, 1977 as written. Motion carried unanimously. Time Capsule Richard Schneider, who is a member of the Andover Bicentennial Committee, informed the Commission of the intentions of the Bicentennial Committee to seal a time capsule (to be opened on July 4, 2076) and to make a cassette tape recording to put in it. They are requesting each of the elected and appointed officials of the City of Andover or past Township of Grow to speak for 1 minute on the tape. This will be done during a break later in the meeting. Committee to appoint individual to represent Andover to Met Council Councilman Ted Lachinski spoke to the Commission regarding a motion made by the City Council last Tuesday night (April 5, 1977). He asked how much power the Met Council has relative to Andover planning? Particular items were the airport and definition of critical development. Councilman Lachinski stated that he felt the Met Council was being very evasive. Andover doesn't appear to have anything to say about these issues. The motion that was made by the City Council was for the Mayor to appoint a select committee of two Council and two Planning and Zoning Commission members to recommend an appropriate individual who could represent Andover in matters of Metropolitan significance. First - Mayor Windschitl appointed Don Jacobson, Larry Retzlaff, Mary VanderLaan and Ted Lachinski; however, the appointments were never approved by the City Council. Thus no committee. Any other method or idea to get an individual to represent Andover should be'mentioned to the City Clerk. o o o o f\ \J Planning and Zoning Commission Meeting Minutes - April 12, 1977 Page 2 Lot Split Ordinance Public Hearing (Comm. #12-76-5) Chairman Jacobson called the public hearing to order and explained briefly the intent of the Planning and Zoning Commission, when drafting the Lot Split Ordinance, was to help people when sewer and water came through with the large expenses for assessments, etc. Commissioner Bruns wrote the initial ordinance and he was asked to explain the Ordinance and go over some of the specific points. He said that the intent was to provide the residents of Andover with the procedure to split a lot without having to go through the process and expense of platting. This applies particularly in the Urban area when they are faced with large sewer assessments, then a lot may be divided into 2 parcels. They would still have to go before the Planning and Zoning Commission and City Council and meet the current zoning and ordinance requirements. It is not meant to circumvent the platting ordinance. He read and went through each section and explained to those people that were in the audience. C) Chairman Jacobson readvised the Commission of Ordinance 10 - Section 14.02 and that the City Council and Attorney said this portion could be used to grant a variance at this time. Tom Cherney, l40th Lane & Raven Street, "I have a large lot and about $24,000 worth of assessments with the sewer and streets. In order to keep the land, I have to split the land into 3. The lots would be 120' of frontage (in R4 Zoning). The land has not gone up $24,000 in value. I think there should be room in the Ordinance to give people the chance to divide into what would meet the Zoning. These lots will exceed the size of the other lots in Red Oaks." Discussed where to draw the line on how many times to split a lot. Talked about having Mr. Cherney apply for a Variance under Ordinance 10 - Section 14.02. Richard Schneider, 1343 Andover Boulevard NW, "I would like to commend the Planning and Zoning Commission for going ahead with this as its been long overdue and we need a lot split Ordinance." He had a question on the $50 fee. He said that the fee is supposed to cover just the cost of handling and that the City shouldn't earn money on it. Discussed costs, fees and the present fees for variances, special use permits and rezoning applications, how the $50 fee was originated, engineer costs that might be incurred and how to arrive at a fair and accurate fee for a lot split. () Bob Snyder, 167th Lane, "It seems to me that a developer could use this ordinance to develop his property. With 40 acres, in 9 years he could have 16 parcels for $200. It would be very advantageous for a developer rather than platting to use this ordinance. Also, there isn't any way to protect yourself from someone owning a parcel then splitting it, selling it to someone else and they could again split it." o o o o o Planning and Zoning Commission Meeting Minutes - April 12, 1977 Page 3 Ted Lachinski, "If there are engineering fees, who will pay them?" It was suggested that the fee should state "plus Engineering fees". Discussed metes and bounds lots and, also, if park land was already given in an addition then no park fee shall be assessed. But if there is no park, perhaps it could be at the discretion of the Park and Recreation Commission. Bob Rylander, 167th Lane NW, "Why are you making a new ordinance? It seems to me that a variance covers it. What is the advantage of this Ordinance?" The Commissioners attempted to explain to Mr. Rylander and Mr. Snyder why they feel the ordinance is necessary. It is to be a guideline and a proper and better procedure and method instead of using a variance. Discussed splitting lots, size of lots, buildable lots, concern about too many divisions to one original parcel and how to revise the wording, fee, engineering costs, and park fee. The Metropolitan Council's new rules and regulations might require a much larger lot size. o Motion by Commissioner Bruns, seconded by Commissioner Kishel, the public hearing until the next regularly scheduled meeting. carried unanimously. to continue Motion A letter has not been received from the Attorney of his opinion on this Ordinance. It was suggested that a reminder be given so his opinion might be written prior to the next meeting. Obscenity Ordinance (Comm. #3-77-4) Chairman Jacobson told the Commission of his talk with the Attorney last week. No written statement has been received regarding the Attorney's opinion. ec--1ed J..-oc' ij_.J./v.17 Some of the comments and suggesyions were: could the City demand that things objectionable be plac€J6nder the counter, partial covering on the cover, or not in the City at all; the problem that "who" is to say what's objectionable - the Supreme Court has a very difficult time deciding; we should have something on the books; a lot of legal fees shouldn't be incurred to get an ordinance when we don't have a problem; if the ordinance were adopted, how would it be enforced; getting an okay to go ahead from the City Council, and if they don't think the ordinance is necessary at this time to just drop it for now; discussed the stores in the City. o Chairman Jacobson will ask the Attorney for his written comments and get copies of the State Statutes regarding obscenity and have the Obscenity Ordinance on the next meeting's agenda. o o o o o o (; Planning and Zoning Commission Meeting Minutes - April 12, 1977 Page 4 Progress Report from Subcommittee for Ordinance Revision Commissioner Elling reported that he and Commissioner Bruns had met the 1st and 5th of April and are working on the definitions and, also, are close to having a rough draft on Ordinance 8. Planning Sessions The City has again received information from the Center for the Study of Local Government regarding workshops to be held. Consensus after being asked for opinions of the last workshops: wasn't worth it, the materials were disappointing, the teachers weren't qualified, and they got more information from talking to other people in the class than from the instructors. Buildability Ordinance (Comm. #4-77-1) Commissioner Bruns had indited a Buildability Ordinance that was sent to the Commission for their review. Some of the items discussed were: 1) existing lots of record and how the building inspector would get a certificate of buildability; 2) the Planning and Zoning Commission brought up a buildability ordinance last year but nothing was done; 3) referred to letter from Attorney Hawkins of December 1976; 4) the seller of the land is the one that has to comply with the ordinance; 5) discussed "substantially completed" and decided to delete the last sentence in Section I. - This section shall not apply to lots or parcels upon which construction has been substantially completed as of the effective date of this Ordinance; 6) modifications needed and the recommendations to render the lot buildable - would there be a completion date or would another certificate be needed?; 7) water table and soil type - who would make the percolation tests and soil borings? This would create a lot of work for the building inspector. If the City inspector makes a mistake on the buildability of a lo~would the City be liable? 8) the necessity of having an Ordinance of this type and the rigid restrictions that may be needed for the Met Council and until City sewer is available; 9) discussed having a time limit on the buildability for the statement on the certificate; 10) discussed fees that should be charged. The Commission agreed that the Ordinance needs some more work and each Commissioner will be prepared at the next meeting with workable ideas to make the buildability ordinance effective and enforceable. o A;gh ~e.d e.Co' rf v~/).bf17 o <:0< <e~\e! <4 - ;).(.,-17 o o () '--', U o Planning and Zoning Commission Meeting Minutes - April 12, 1977 Page 5 Ordinance Violations Report Commissioner Bosell told of a call she had regarding a new home being constructed on Ward Lake Drive. The caller was concerned about the ~ water table in the area where the home was being built. She had directed the person calling to contact the City Building Official. Chairman Jacobson mentioned that at the SW corner of the Andover Boulevard and the railroad track intersection there are old structures falling down. They appear to be very dangerous and should be looked into and dismantled. Ordinance violation would be against Sections 4.03 F and 8.19 of Ordinance 8. Commissioner Bruns said that an obvious ordinance violation is the junk cars in various subdivisions. It was mentioned that it would be a good idea to have the Ordinance number and the specific section of the ordinance that is being violated in the future to aid the zoning administrator. Ad;ournment Motion by Commissioner Johanson, seconded by Commissioner Kishel, to adjourn. Motion carried unanimously. 1Y\e..e..i;,,~ QdjOLCO,e-d a...f /o~ 30 ",?,fYI., &,Qttr.'iiJ ~ Commission Clerk