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HomeMy WebLinkAboutJune 28, 2005 Sl\NDbVE~ C~/)j\..!-0t 0/.L.; Luu.:tt:::u'l "\ - J.. (p-aS 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US PLANNING AND ZONING COMMISSION MEETING - JUNE 28,2005 The Regular Bi-Monthly Meeting ofthe Andover Planning and Zoning Commission was called to order by Chairperson Daninger on June 28, 2005, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Chairperson Daninger, Commissioners Rex Greenwald, Dean Vatne, Jonathan Jasper, Michael Casey and Valerie Holthus. Commissioners absent: Commissioner Tim Kirchoff. Also present: City Planner, Courtney Bednarz APPROVAL OF MINUTES. j June 14,2005 Motion by Greenwald, seconded by Holthus, to approve the minutes as presented. Motion carried on a 6-ayes, O-nays, I-present (Daninger), I-absent (Kirchoft) vote. WORK SESSION: ZONING ORDINANCE UPDATE 1. City Code 12-13 I B Animals (Continued) Mr. Bednarz summarized the staff report. Commissioner Jasper stated on non-domestic animals he thought pleasure, recreational animals should be added to the exclusions in the definition of non-domestic animals. Commissioner Jasper stated a concern was they could have 5 animals on 5 acres and no animals on 4.9 acres and 5 animals on 100 acres. He did not think it made sense. He thought it would make sense to allow a smaller number on a smaller parcel and a larger number on a larger parcel. Chairperson Daninger agreed but wondered how they would control this. Mr. Bednarz stated they are suggesting there could be more than 5 animals on parcels larger than 5 acres but that would require a conditional use permit whereas 5 or less Regular Andover Planning and Zoning Commission Meeting Minutes - June 28, 2005 Page 2 would simply be a permitted use. Commissioner Jasper thought that made sense because that would allow a way to address this. Commissioner Vatne asked if horses were allowed on 2.5 acres or larger. Mr. Bednarz stated they were. Commissioner Vatne wondered if they would see a lot of requests for a conditional use permit. Commissioner Jasper asked ifthere was a limit for horses. Mr. Bednarz stated after three acres they could have one additional horse per acre with a maximum of up to seven horses. Commissioner Jasper thought something like this would make sense for farm animals also. Chairperson Daninger thought that was why they should go with the Conditional Use Permit and see how many applications there were. Commissioner Jasper stated they could have five at five acres and one for each additional acre over five acres up to twenty acres and then there would need to be a conditional use permit. Commissioner Holthus indicated she did not have a problem with this at all. , / Commissioner Jasper stated in looking at the notes for definitions, Commissioner Greenwald brought up for discussion the idea of including ducks as farm animals but some people have them as pets, which would be considered a domestic animal. He did not know if this was something they should address. Commissioner Greenwald stated he understood that some of the kids in the City have ducks as pets and this would be one way to regulate it without saying no. Commissioner Jasper stated if it can be bought at a pet store it should be a domestic pet. Commissioner Vatne stated he was comfortable with everything except the last item, which is deer. Mr. Bednarz stated staff would consider deer to be a non-domestic animal because they do carry the potential to damage property and generally are not kept for a productive purpose. Commissioner Vatne agreed. Commissioner Jasper asked if there was somewhere in this code which requires a farm animal to be contained. Mr. Bednarz stated there is a code that does cover this along with domestic animals. Mr. Bednarz discussed the exemption in the Code for animals licensed by the State with the Commission. Commissioner Jasper stated based on the fact that three days ago a child was attached by , J a wild animal that was a pet, he wondered if this exception would allow any vicious animal to be kept in Andover if the DNR permits it. He thought the idea was they were Regular Andover Planning and Zoning Commission Meeting Minutes - June 28, 2005 Page 3 , J not going to allow vicious animals in Andover and he did not think the exception should be in the code. Commissioner Greenwald agreed. Commissioner Casey stated it does stipulate that animal control that is prohibited animals and they have lions, tigers, jaguars, etc listed. Commissioner Jasper stated the exception swallows the rule. The exception states "except for as regulated by the DNR". Chairperson Daninger thought the intent was for the citizen input regarding falcons. Mr. Bednarz thought there may be a way to adjust the item to prevent the conflict. They do have the list of prohibited animals. He thought if they referenced Section 5 under Section 3, the proposed addition that would start them moving in the right direction. Commissioner Vatne stated for clarification they would add, "As permitted by the MN DNR with the exception..." referencing back to the prohibited animal section. Commissioner Jasper stated this does not work because the prohibited animal's section 5- Ic-2b says "Any non-domesticated animal including but not limited to the following..." and the non-domesticated animal definition is broader than the representative list. Commissioner Jasper thought before they decided how to fix this, they should decide if they should fix this. He appreciated the fact that people have different hobbies and interests than his but he did not know, in his opinion, ifbirds of prey within the City are j appropriate. These are hunting birds of prey. Mr. Bednarz stated this part in Title 5 is where the issue arises. Within this section there is provided an exception that allows a temporary permit for keeping animals prohibited up to thirty days under specific conditions or even a permanent permit for a public zoo or other public institution, which seems less likely. In the Title 5, there already is an exemption with a time limitation. If they reference Title 5 and the prohibited animals and the exemption already provided for them, does that satisfy the concern. Commissioner Jasper stated his opinion is that exception will allow for a temporary permit for a carnival coming through town or a temporary showing of animals at a school, which is fme, and if someone wants to get a temporary permit to engage in falconry for a short time period, they would fall under that. His hesitation is if they want long term of that or any ofthe other non-domestic animals as defmed and if they do, they should list specifically which ones they are allowing because to say as permitted by the DNR is to have the exception swallow the rule and basically allow any animal into the City of Andover without the City Councilor staff having any control over it. Chairperson Daninger wondered if Commissioner Jasper thought they should strike out item three. Commissioner Jasper stated it would be his recommendation to do this. / Commissioner Vatne stated he was troubled by. this one because it is specialized and he was back to some of the trade offs and he would be tempted to leave falconry in but the problem is how would they draw the line on others that are on the periphery ofthat as Regular Andover Planning and Zoning Commission Meeting Minutes - June 28, 2005 Page 4 / well. Commissioner Jasper stated he would not be nearly as offended by the idea of specifically making an exception for falconry with a permit than a blanket exception for anything permitted by the DNR. Chairperson Daninger stated they will add falconry as an exception with a Conditional Use Permit. Commissioner Jasper agreed but indicated there would also need to be a DNR permit as well. Chairperson Daninger agreed and thought this could be reviewed in the future for other animals as well. Commissioner Jasper stated he would take this as a compromised position because he would rather not see it at all. 11. City Code 9-9-11 Housing Maintenance Mr. Bednarz summarized the staff report. Commissioner Jasper asked on page 17 and 20, it references that if someone else is controlling the temperature it shall be 68 degrees Fahrenheit on the design heating day. He wondered what the definition was for a "design heating day" and is it really the intent that it stays exactly at 68 degrees. Mr. Bednarz sated it is not the intent to have a fixed degree, under the section I, at the beginning header to have that minimum heating capability. That statement comes directly from the building code and that is one of the criteria for being a habitable structure under the building code. He stated the "design heating day" is defined in the building code. The reason they were making that addition was to correct the previous strikeout which conflicted with the building code. Commissioner Jasper stated he would like to know at some point what the phrase meant. Chairperson Daninger thought they could put in a definition of this in the Code. Commissioner Jasper stated he would like to have the Commission have some comfort that this is an appropriate standard. Chairperson Daninger stated he was comfortable with this because it comes from a reliable source. Commissioner Holthus wondered if they should leave "at least" in the code and not strike it out. Commissioner Jasper stated on page 19, there were two changes as far as ventilation in habitable and non-habitable rooms, changing from 10 to 8 percent and from 5 to 4 percent. He wondered why the changes were chosen to be made. Mr. Bednarz stated those were taken directly from the International Building Code. Regular Andover Planning and Zoning Commission Meeting Minutes-June 28,2005 Page 5 / Commissioner Vatne stated on page 15 on the bottom, storage and disposal of garbage and refuse. He stated this is a difficult one and it has not been stated how often garbage should be removed which is a hard thing to do. It prompts the question to him if they should add in some periodic basis as to removing the garbage every so often. He thought it fits with the spirit of what they are trying to say on keeping dwellings clean but is was a tough call. Chairperson Daninger stated the garbage needed to be disposed of by a garbage hauler, which is a weekly occurrence. Commissioner Jasper stated he understood the intent but he did not think they could easily defme garbage and require someone to throw out their garbage once a week. Commissioner Vatne stated it is a hard thing to do but without putting some teeth in it, it is hard to be enforceable and he was not sure if it was even right to put a time on it but it leaves it open for interpretation. Mr. Bednarz stated they could explore adding language indicated specifically when garbage needed to be picked up. Commissioner Jasper asked if garbage haulers were licensed by the City and are they required to provide a weekly service as part of the licensure. Mr. Bednarz stated they are licensed but he was not sure if weekly service is required but it is a matter of practice and all of Andover is serviced by the garbage haulers. Commissioner Vatne stated on page 12, item 4 is to prevent the overcrowding of dwellings but he did not see anything specifically that addresses that. Mr. Bednarz stated it is covered in the two statements and another section on page 22, which gives a minimum amount of square footage per occupant. The Commission discussed with staff what defined a family and the number of people allowed in a dwelling. . Commissioner Vatne stated the way he would read this section is in a housing unit, they can have a family that has blood relations as large as they may be however that would be subject to page 22 in number one, 9-9-13-a-1, which says you have to have 150 feet for each occupant. Mr. Bednarz stated this was correct and no more than two individuals per room under part two. Commissioner Vatne indicated he understood it and made sense to him. 111. City Code 9-4-4 Swimming Pools, Spas and Hot Tub '\ , / A provision of the pool ordinance allows pools in front yards on lots that are at least one acre in size provided the pool is 200 feet from the front property line. Staff believes that a 200 foot setback is too restrictive. Prior to 1983 no pool construction was permitted in Regular Andover Planning and Zoning Commission Meeting Minutes - June 28, 2005 Page 6 . / front of the house. In 1983, this provision was added to address one rural lot where the home sat several hundred feet back on the lot. The proposed change is Staff suggests reducing 200 feet to 60 feet to match the similar provision for detached accessory buildings. Commissioner Greenwald thought this made sense because there would not be room in the back of smaller lots especially if the home was pushed to the back of the lot. Chairperson Daninger did not think this would be too common. Commissioner Vatne asked if there would be any landscaping or screening requirements. Mr. Bednarz stated there is a fencing requirement. Chairperson Daninger wanted to make sure that the pool regulations did not conflict with the front yard fence regulations and it appears this is not the issue here. Commissioner Vatne did not think pools belonged in the front yard because they would be close to the street. Commissioner Greenwood thought it would be alright with the large lots and houses set further back on the lot. Mr. Bednarz stated the alternative if the Commission would be unwilling to reduce the two hundred foot, maybe they allow a variance request for people who can demonstrate there is no where else in the yard to put a pool. Commissioner Jasper stated he lived in a neighborhood of one acre lots and if a pool is put in the front yard sixty feet from the street it would be way out of place. Commissioner Greenwald wondered ifthey should allow it only on lots 2.5 acres or larger. Mr. Bednarz stated whether it is a 2.5 acre or 120 acre parcel, ifthey go to sixty feet the distance would be the same.. The Commission thought the code should not be changed at this time. IV. City Code l2-8-7B.3 Bulk Fuel (Continued) Mr. Bednarz summarized the staff report. Commissioner Jasper stated this prohibition in the uses table refer to section 12-13. He wondered if they have that in the materials, Mr. Bednarz did not think they did. Commissioner Jasper thought ifit was not listed in the table, it is not allowed. Up in Subsection A, it says "anything in excess of one thousand gallons requires a Conditional Use Permit" but he was not sure if something less than one thousand gallons was / prohibited by C or allowed by the table. Mr. Bednarz thought the wording could be refined to say "All liquid storage tanks not permitted by this section or listed..." Regular Andover Planning and Zoning Commission Meeting Minutes - June 28, 2005 Page 7 Commissioner Jasper thought it may be necessary to see the uses table to properly discuss this item. Mr. Bednarz stated they could bring this back with the changes suggested. Commissioner Vatne asked on page 27, the underlined paragraph, he wondered what appurtenances meant. Mr. Bednarz stated appurtenances are anything that is attached. v. City Code General Discussion Item - Front Porches At the previous meeting the group agreed to consider allowing front porches to encroach into the front yard setback area similar to the Woodbury example. On a similar topic, decks are currently required to meet rear yard setback requirements (between 30 and 50 feet depending upon the Zoning District). The Building Department has traditionally allowed decks to encroach in the rear yard setback if the deck is constructed as a "free standing accessory structure". Staff would like the Commission to discuss the potential for a provision; also currently used by Woodbury: "Decks are also exempt from the rear yard setback requirements, except that a deck may not be located closer than fifteen (15) feet from the rear property line." Commissioner Jasper stated on the porches, based on previous discussions, he would like to make sure nothing extends beyond eight feet. In the changes it says eight feet plus eves, which are really undefined and could be another three or four feet. Commissioner Vatne indicated likewise the stoop up to four feet. Mr. Bednarz wondered if it also included stairs. He noted on page 30, part 2, they have some exemptions there already in the existing code and although it isn't right now, the way it would be interpreted or linked together would be eight feet plus up to three feet of those items so then they would be up to eleven feet and what the Commission is saying is eight feet total including other items. The Commission agreed that eight feet should encompass all parts of the front porch with nothing, except stairs, encroaching further. Chairperson Daninger stated in the back, the change would allow up to fifteen feet for a deck. Commissioner Vatne thought it was reasonable. Commissioner Jasper stated he would not allow it. There is a reason for backyard setbacks and he did not think: there was any reason to make a blanket exception for a deck. If they are going to do that, they might as well allow any structure or addition back there and he did not see a rationale reason to reduce a setback for this type of structure. / Chairperson Daninger asked what the reason was for the change. Mr. Bednarz stated they see a lot of these requests in a summer on urban lots. Regular Andover Planning and Zoning Commission Meeting Minutes - June 28, 2005 Page 8 Commissioner Jasper suggested the deck be the same as the porch. If the porch encroached by eight feet then the deck could encroach by eight feet to keep it consistent. Mr. Bednarz indicated he liked that suggestion and thought it made a lot of sense. Commissioner Jasper asked on page 30, the new C. It talks about rear yard picnic shelters, the extension, the size within ten feet of the lot line and not more than five hundred square feet for picnic shelters, living rooms or patio decks. It seems to make an exception for a living room to go within ten feet of the rear lot line which did not make any sense to him. He understood the picnic shelter or patio deck but he thought the words living room should be stricken because it could be construed as an extension of the house. Commissioner Holthus thought it should be replaced with Gazebo. Commissioner Jasper stated he did not have a problem with changing it to Gazebo. Vi. City Code General Discussion Item - Dirt Bikes Mr. Bednarz sununarized the staff report. . ) Commissioner Jasper stated to him it would make sense if they can limit the hours to make it coterminous and the same as the limitations they put on snowmobiles because the rationale and reasons for the limitations he thought were the same. He thought this should also be applied to A TV s. He stated he would suggest using Minnesota Statute 84.90, which defines recreational motor vehicles. That way they are treating A TV's and offroad motorcycles the same and giving them the same hours as the snowmobiles. Commissioner Greenwald stated he disagreed and it was his opinion that snowmobiles can ride at night because they have regulation headlights. He did not think they should allow off-highway motorcycles ride after 8:00 pm because they do not have highway approved lights. Commissioner Greenwald explained his reasons for not wanting OHM's to be allowed to ride at night. He shared his knowledge of this item with the Commission. Commissioner Holthus did not think they should have the same hours and thought they should have an earlier stopping operating time because of the lighting and how dangerous off road trails would be at night. Chairperson Daninger concurred because he did not think dirt bikes were the same as snowmobiles. Chairperson Daninger thought 8:00 am to 8:00 pm was a good idea for riding times. The majority of the Commission concurred. Commissioner Vatne stated that the proposed definition of OHM extends to vehicles operated on the road, as well as those on private property. Regular Andover Planning and Zoning Commission Meeting Minutes - June 28, 2005 Page 9 Mr. Bednarz agreed that this needed to be adjusted and suggested dirt bikes licensed to operate on roads would only be affected when operated on private property. Commissioner Greenwald suggested they keep OHM's separate from ATV's. He stated he was only comfortable with adding the hours to this item but he would not want them combined with ATV's. The consensus of the Commission was to limit the hours of operation for dirt bikes from 8:00 am to 8:00 pm and keep dirt bikes defined separately from ATVs and snowmobiles with the definition changes suggested. Vll. Crematorium Regulations Crematoriums are currently not allowed in Andover due to the fact that they are not defmed or listed in the uses section of the City Code. As with other controversial land uses, cities that do not provide a location for them may be compelled to allow them in a location that may be less desirable if challenged. Therefore, it is important that the City designate appropriate zoning district(s) and regulations to provide an enforceable community standard for this land use. Crematoriums located in funeral homes generally require a conditional use permit and are located in commercial districts. Funeral homes are a permitted use in all of Andover's commercial zoning districts. Staff suggests that crematoriums be established as a conditional use in General Business (GB) Zoning District. As this district abuts residential property in different locations around the City, the Planning Commission may want to consider an additional setback between crematoriums and residential districts. Commissioner Greenwald asked if someone came in for a Conditional Use Permit, would it require a public hearing. Mr. Bednarz stated it would. Commissioner Greenwald wondered if they wanted to allow crematoriums in Andover at all. The majority of the Commission thought they should. Chairperson Daninger stated he liked staffs suggestion to allow it in General Business and he was in favor of a Conditional Use Permit. He thought this would give a buffer like a liquor license and they have to respect the perception of residents and by putting a certain distance, they would need to be careful not to make the distance so great that the setbacks would overlap. '. Commissioner Greenwald wondered on the CUP what would be the reason to deny it. Would it be specifically that it would not meet some setbacks or because they do not want it. Chairperson Daninger thought it was like the drive through. They need a CUP . / Regular Andover Planning and Zoning Commission A1eeting Minutes -June 28, 2005 Page 10 to make sure it follows regulations and so it can go to a public hearing and attach reasonable conditions. The majority of the Commission thought crematoriums should be a conditional use in General Business Districts but that more information was needed to determine an appropriate setback from residential. The Commissioners discussed how far the buffer should be from residential homes in the City. Mr. Bednarz indicated staff would bring back more information to help the Commission make a decision. Commissioner Jasper asked if they should limit the crematorium use to only those funerals at the site or allow off site funeral homes to use the crematorium. He stated he was not comfortable with bringing in large quantities of bodies from other funeral homes. Chairperson Daninger stated they could control this through the CUP. \ Commissioner Jasper stated he would rather include it in the original regulations. Chairperson Daninger did not know if that would be too restrictive. Commissioner Greenwald noted the machines are pretty expensive too. Commissioner Casey stated the investment in the equipment would cause business owners to want to retain flexibility on when it could be used. Chairperson Daninger thought they should look at the recommended distance from schools and residents and what appropriate limitations on the intensity of the operation should be. Commissioner Holthus indicated the chart does not indicate a crematorium in Minneapolis. Mr. Bednarz stated the chart is incorrect because Minneapolis has at least two of them. Commissioner Vatne thought these should be set up like a liquor store and he thought it would be wise to put some type oflimitations in, such as twenty miles for cremation services and limit the hours. Mr. Bednarz indicated staff would bring back more information and include the suggested changes. Vlll. City Code 12-5-4 Setbacks Along Thoroughfares Regular Andover Planning and Zoning Commission Meeting Minutes - June 28, 2005 Page 11 Mr. Bednarz summarized the staff report. Commissioner Jasper stated it refers to arterial streets and minor urban and minor rural streets and when they went through the whole road thing, all of the terms were refined and he wondered if these should be changed to be consistent. Mr. Bednarz stated the terms fit with what they are currently using. Commissioner Jasper stated it uses in several places".. .less than a typical roadway" on page 56. He stated those are parts of the statute and should they be minimmn instead of typical. Mr. Bednarz stated that could be changed. Commissioner Vatne stated there will need to be some grandfathering with this change. Mr. Bednarz stated as some existing structures are non-conforming, in the event that they burn to the ground or are removed, they will need to meet the new requirements if they were to be reconstructed. OTHER BUSINESS. '\ Mr. Bednarz updated the Planning Commission on related items. -' ADJOURNMENT. Motion by Greenwald, seconded by Casey, to adjourn the meeting at 9:15 p.m. Motion carried on a 6-ayes, O-nays, I-absent (Kirchoff) vote. Respectfully Submitted, Sue Osbeck, Recording Secretary TimeSaver OffSile Secretarial, Inc. '\ /