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HomeMy WebLinkAboutMarch 9, 1976 '-j , '\ '- ) , '\ \.-.j () CITY 01 ANDOVER \ - ) PLANNING AND ZONING COMMISSION REGULAR MEETING - March 9, 1976 AGENDA Approval of Minutes 1. Comm. #2-76-2 Continued Special Use Request - JoAnn Chouinard 2. Comm. #3-76-1 Special Use Permit Request - Steve Slyzuk 3. Comm. #11-75-3 Private Sanitary Sewer Ordinance 4. Cornm. #1-76-6 Street Opening Ordinance & Specifications 5. Comm. #10-75-6 Topographical Map Discussion 6. Comm. #3-76-2 Double Garage Ordinance , ) Publish On March 5, 1976 \ '- ) / ~ , / ) ~ / \ () ~ / ~ ,I 07YoIANDOVER \ ) REGULAR PLANNING AND ZONING COMMISSION MEETING March 9, 1976 The Regular Meeting of the Andover Planning and Zoning Commission was called to order at 7:40 P.M. by Post.Term Chairman Dave Jack on March 9, 1976, at the Andover Community Center, 1685 Crosstown Boulevard NW, Anoka, Minnesota 55303. Commissioners Present: Art Jaworski, Dean Johnson, Ken Orttel Commissioners Absent: Mark Arnold, Ken Heil, Arleane Nehring Also Present: James Thurston, Building Inspector, and others Minutes Motion by Commissioner Jaworski, seconded by Commissioner Johnson, that the Minutes of February 26, 1976 be approved as written. Motion carried unanimously. \ ) JoAnn Chouinard Special Use Permit (Comm. #2-76-2) The Commission reviewed the attached memo from the Clerk regarding a refund to Mrs. Chouinard. Motion by Commissioner Jaworski, seconded by Commissioner Orttel, that the Planning and Zoning Commission recommends that the City refund the balance of the costs, less the publication notice fee, administrative costs, and Commission costs as noted on the March 5, 1976 memo from the Clerk, inasmuch as Mrs. Chouinard requested that the matter not be pursued any further. Motion carried unanimously. Steve Slyzuk Special Use Permit (Comm. #3-76-1) Mr. Slyzuk stated that he would like to put in one (1) mobile home for hired help, migrant or seasonal workers. He has one mobile home already on his property that was put in before the Ordinance was adopted regarding mobile homes. The mobile home would be used for perhaps 6 months a year only. The existing trailer is back in the woods approximately 600' off the road and he plans to put the new one 100' from it. He plans to buy a 4 or 5 year old, 3 bedroom, 12 or 14' wide, and 65 or 70' long mobile home. \ None of the adjoining property owners were present. Jim Thurston, Building Inspector, asked about the septic system and well for the mobile home. Mr. Slyzuk stated that the present septic system is 40' to the West of the existing trailer and 100' from the new one. The well is 75' from the existing septic system and he plans to use the one well for both mobile homes. Chairman Jack referred to Ordinance 8, Section 5.03 B, Section 7.02, Section 7.03, and Section 8.15. Mr. Slyzuk stated that there would be 5 acres to park on, no garage, and was advised to designate a specific parking area according to Ordinance. ~/ Planning and Zoning Commission Meeting Minutes - March 9, 1976 Page 2 Commissioner Jaworski stated that the land is designated R-1 but it is afamsteadnot "residential". Mr. Slyzuk noted that there are 30 acres where the buildings are but he owns almost 300 acres. The Commission felt it should be encouraged to be left as long as possible for agricultural use. Commissioner Jaworski noted that anywhere else he would be against a mobile home but in this type of situation he is in favor of it. Ordinance 8 Definitions was brought up by Commissioner Johnson, regarding "EEE" and "FFF", and he asked if the City would be establishing a mobile home park by allowing another mobile home? The Commission decided that perhaps a special stipulation should be added so that the home could be used only 6 months of each year. The City should protect itself so that it does not get i~to the mobile home hassle it has in the past. As long as he is not charging rent and the living quarters are provided as part of the job, perhaps it wouldn't be a mobile home park. The Commission asked Mr. Slyzuk about making the mobile home a pemanent structure by putting in a foundation, etc. Motion by Commissioner Orttel, seconded by Commissioner Jaworski, to close the public hearing. Motion carried unanimously. The Commission discussed the importance of including in the recommendation every reason and condition for approving this application. Motion by Commissioner Jaworski, seconded by Commissioner Orttel, that the Planning and Zoning Commission recommend the Andover City Council approve the Special Use Pemit applied for by Steve Slyzuk to move in one (1) mobile home for seasonal workers subject to the following conditions and stipulations: 1) It will only be used 6~ months per year by seasonal agricultural workers. 2) The mobile home be placed and maintained at the location indicated on the Special Use Pemit sketch, approximately 400 feet South of the NW~ of the SE~ of Section 22, and at least 450 feet East of the East property line on Nightingale Street. 3) This would be allowing one mobile home only and in no way can this pemit be construed to mean the allowing of more than one mobile home or a mobile home park. 4) That it shall meet the Ordinance 8, Section 8.15 - A,B, and C requirements. 5) It shall be reviewed annually on the anniversary date by the City Council. Reasons for granting this Special Use Pemit are as follows: 1) It meets the spirit and intent of Zoning Ordinance 8 (Section 7.01 Residential as having first use as agricultural within the residential district and that this site would be used primarily for agriculture and that this use as a Special Use should be pemitted as an accessory use in addition to the listed uses in 7.02) and the proposed Comprehensive Plan as it relates to the encouragement of Agricultural use in a rural area. 2) There have been no negative comments from adjoining property owners. 3) The property is approximately 300 acres that is agricultural use and qualifies for "Green Acres" at this time and this use shall be its primary use. 4) It meets the "Criteria for Granting Special Use Pemits" (Ordinance 8 - Section 5.03 B). Motion carried unanimously. This item will be reviewed by the Commission on March 23, 1976 and will be on the City Council Agenda April 6, 1976. o (J lJ o () 7. ~!aintenance a.) At least once each 12 months, c~~encing with the acoption of this ordinance, the owner of property containing a ne'\-lly installed on-site' se"age disposal system, and in the case' o[ existing on-site sewage disposal systems within 90 C2yS ~nd ~hcreaftcr at ~c~s~ once e~c~ 12 ~onths, shall measu~c O~ ~rr~nge for mcasure~ent of the cepth of sludge and SCQ~ in the sep~ic tank. ~hen, 2S a result of such measure~ent, the top of the sludge layer in the tank or any compartment of the tank is found to be less than twelve (12) inches below the bottom of the outlet baffle or submerged pipe or if the bottom of the scu~ layer :s less than three (3) inches above the bottom of the outlet baffle or submerged pipe, the owner or agent shall arrange for the removal and sanitary disposal of the contents of the tan~; prov:ded that such requirements [or measuring shall be ,,'2ived for 2ny septic tank l-lhic:l is c~.c2n~~ (pumped) at least once ench 12 calendar montl1s. ,- ) ,-, At least once each 12 calendar months, the O1vner of any system equippe'd with a distribution box shall arrange for the opening of said box and the removal of any settled solids therein. Such material shall be disposed of in any acceptable sanitary :'"1.c:'..'!1rlcr. ~) Planning and Zoning Commission Meeting Minutes - March 9, 1976 Page 3 Private Sanitary Sewer Ordinance (Crnttm. #11-75-3) The Commission and Jim Thurston, Building Inspector, reviewed their previous recommendation and a memo fram Jim dated February 10, 1976. Mr. Thurston stated that Mr. Machmeier, Extension Agricultural Engineer, and others he had talked to at the State said a controlled program seems to fail because of lack of control and enforcement. It becomes a paper work nightmare. The other extreme would be a mandatory pumping every 2 years or so. It depends on how people use or abuse their systems. Commissioner Orttel and Chairman Jack stated their belief in the previous recommendation. Motion by Commissioner Orttel, seconded by Commissioner Jaworski, that the Planning and Zoning Commission resubmit the Private Sanitary Sewer Ordinance to the City Council for their consideration with Section 7A, page 20, amended as follows: each owner of property containing an on-site sewage disposal system which has been in use for a period of 24 months or more shall, within 90 days from and after the adoption of this Ordinance, forward to the City verification that said system has been cleaned in it's entirety within the past 12 months, and the date of such pumping, or that inspection as per attached specifications (those specifications to be the ones submitted per James E. Thurston's February 10, 1976 memo) has deemed pumping or cleaning unnecessary at this time; and, during each subsequent 24-month period, either verify cleaning of the entire system to the City or in lieu of said cleaning, submit an affidavit showing that said system does not require cleaning as per attached specifications. But in no case may a cleaning interval exceed a period of 48 months regardless of inspection results. It is hereby noted that these are minimum requirements for private sewer system maintenance and some individual systems may require more frequent maintenance. The City of Andover assumes no responsibility or liability for costs incurred to property owners when additional system maintenance or system failures occur even though such systems have been maintained according to this Ordinance. Motion carried unanimously. Other Business - Not on Agenda Mr. and Mrs. David Mohs, who live on l39th Avenue _ 2 blocks off from Round Lake Boulevard, discussed the possibility of having a beauty saloon in their home. They were advised to get a copy of Ordinance 8 and review it. Street Opening Ordinance and Specifications (Comm. #1-76-6) Motion by Commissioner Jaworski, seconded by Commissioner Johnson, that the Planning and Zoning Commission recommends the Andover City Council accept the proposed Street Opening Ordinance and the Standard Specifications for Street Opening Permits in the City of Andover, Minnesota as revised by T.K.D.A. and submitted to the City of Andover on March 9, 1976. Motion carried unanimously. Planning and Zoning Commission Meeting Minutes - March 9, 1976 Page 4 Topographical Map Discussion (Comm. #10-75-6) Chairman Jack advised the Commission of the information he had received from the Soils Conservation District Office. The City will be getting one copy in the near future. The Commission felt that it would be a good idea to order another. Chairman Jack will order the necessary materials. Double Garage Ordinance (Comm. #3-76-2) This item was tabled until the next meeting. Ad;ournment Motion by Commissioner Ortte1, seconded by Commissioner Jaworski, to adjourn. Motion carried unanimously. Meeting adjourned - 10:39 P.M. , ' , . '--./ -. \.~ _J I \ , , ; ~. _/ C) ,''\ ''--.?:''fw-''''7' ~U L/ w (-\ '--./ OyO r', rv;'":",~, ',',,71::") or';' W U U \;l.I V L;, L.w. o .. ..., ":' " .., >J h M ;~ D U [,; :- c: MA YOR AND COUNCIL Co~ies io: PLANNING & ZONIi\'G COMMISSION i'r eLl: CLERK MARCH 5, 1976 .......,J." . .' ,. . ~ . -: ~ ;:; r ~ :1 C :; : REFUND OF SPECIAL USE PERMIT FEE Chouinard - Dog Kennel A Public Hearing for the above Special Use Permit was held by ~:'lC PlaIL"1.ing and Zoning Commission on February 26, 1976. SCYc:'2..~ area residents were present, all of which voiced :J,~):Jsi'cion to the request. It was suggested by the Commission ';}v.~ ';ne City refund the permit fee, less any costs incurred by ;:.~ City in the processing of said application, inasmuch as :V:~'S. Chouinard requested that the matter not be pursued any iu::-~hcr. The estimated costs to-date are as follo\vs: Publication of Notice J\Ci.ministrative Costs Commission Costs $ 8.10 5.00 12.00 Tnis itcm wil\appear on the February 16 Agenda. ) , / --) ~/ -. :=>::c;ricia K. Lindquist Clcl'},