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HomeMy WebLinkAboutJuly 26, 2005 ~ GA./ urut(LrI <? -Cl-6S / PLANNING AND ZONING COMMISSION MEETING - JULY 26,2005 The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Daninger on July 26,2005, 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 Associate Planner, Andy Cross Associate Planner, Chris Vrchota Others \ I / APPROVAL OF MINUTES. June 28, 2005 Motion by Vatne, seconded by Casey, to approve the minutes as presented. Motion carried on a 6-ayes, O-nays I-absent (Kirchoff) vote. PUBLIC HEARING: CONDITIONAL USE PERMIT (05-08) FOR CO-LOCATION OF CELLULAR ANTENNAE ON PROPERTY LOCATEDAT 3121161sT AVENUE NW. Mr. Cross stated the Planning Commission is asked to review the Conditional Use Permit request for the placement of a cellular telephone antenna on the existing tower located at 16191 Round Lake Boulevard. The request also includes the placement of several equipment cabinets on the premises. Mr. Cross discussed the information with the Commission. \ Commissioner Vatne asked how long the Conditional Use Permit is good for. Mr. Cross stated the CUP has no sunset date unless included in the approval. He stated the CUP is attached to the land. Regular Andover Planning and Zoning Commission Meeting Minutes - July 26, 2005 Page 2 / Commissioner Vatne wondered ifthere were any limitations on tower heights. Mr. Bednarz stated any tower above thirty-five feet in height require a CUP which gives the Planning Commission the ability to review impacts on surrounding properties. Commissioner Vatne stated he was concerned where this area was going in terms of a TIF District in the area and that this area is adjacent to residential properties. Commissioner Jasper asked if the CUP for the tower itself had a sunset clause on it. Mr. Cross stated it did not. Any limit that is put on this CUP is only for this antenna Commissioner Holthus asked if any of the surrounding neighbors were notified of this public hearing and did they hear anything from anyone. Mr. Cross stated all properties within 350 feet of the property were notified. He indicated he heard from two property owners, one from 3l2ll6lst Avenue who indicated it was not his property with the tower on it and another who wanted to [rod out what was going on and that there would not be an additional tower on the site. Motion by Greenwald, seconded by Casey, to open the public hearing at 7: 1 0 p.m. Motion carried on a 6-ayes, O-nays, I-absent (Kirchoff) vote. '. / No one wished to address the Commission. Motion by Greenwald, seconded by Jasper, to close the public hearing at 7:10 p.m. Motion carried on a 6-ayes, O-nays, I-absent (Kirchoff) vote. Commissioner Vatne indicated the drawings reference 161 st and Hanson, the road is not Hanson but Round Lake Boulevard. Mr. Dan Lesher, representative ofCingular Wireless, 532 Oakhill Circle, Chaska, stated when Cingular Wireless issues a ring to them, they issue a cross street and it does not mean where the antennae will be placed. Motion by Greenwald, seconded by Casey, to recommend to the City Council approval of the Conditional Use Permit request. Motion carried on a 6-ayes, O-nays, I-absent (Kirchoff) vote. Mr. Cross stated that this item would be before the Council at the August 16, 2005 City Council meeting. WORK SESSION: ZONING ORDINANCE UPDATE Ms. Sylvia Munson, indicated she lived on Coon Creek. She stated she is having a problem with four wheelers across the creek from her and came to get some information and to see what could be done to help this situation. Regular Andover Planning and Zoning Commission Meeting Minutes - July 26, 2005 Page 3 Chairperson Daninger explained the process the City goes through when reviewing and changing City Codes. 1. City Code 12-13 1 B Animals (Continued) The latest changes suggested by the Planning Commission have been made and are reflected in the staff report. Mr. Bednarz summarized the staff report. Commissioner Jasper stated they should add a limit of twenty farm animals without needing to get a Conditional Use Permit from the City. Commissioner Greenwald wondered what cost for a Conditional Use Permit is. Mr. Bednarz believed the application fee is $350. Commissioner Greenwald stated he did not remember the logic of a limit of twenty animals. Commissioner Jasper explained this was part of the discussion from the previous meeting. \ J Commissioner Greenwald wondered what the biggest lot size was in Andover. Mr. Bednarz stated the biggest farm land is the turkey farm but they are exempt from this ordinance. 11. City Code 9-9-11 Housing Maintenance (Continued) Mr. Vrchota summarized the staff report. Commissioner Jasper stated on page 11,9-9-3, defInitions, it talks about the State Building Code, the International Building Code and the International Residential Code, after that they should add the word "as" so those are changed, they do not necessarily change the City Code. Mr. Vrchota believed that was the intent so that every time those were updated, they did not have to do a Code amendment. Commissioner Jasper stated on page 15, number I, indicated the dwelling has to be heated up to 68 degrees and then page 19 at the top basically has the same requirement. As a matter of clarity and drafting, was this redundant or did it serve a purpose. He thought they both meant the same thing. Mr. Vrchota stated the reason the new language is repeated is because the language that was stricken was also repeated. One section is under responsibilities for owners and occupants in regards to the heating of rental properties. The other is speaking more specifIcally to heating standards. He stated they could see if one of those could be removed. '\ Commissioner Jasper stated on pages 20,9-9-12, it says that "every dwelling within the City shall conform to these different Codes." His suggestion was to drop the language Regular Andover Planning and Zoning Commission Meeting Minutes - July 26, 2005 Page 4 that was added and say "shall conform to the Andover Building Code" since the Andover Building Code is defined as those codes otherwise it does not make sense to have the defined term of "The Andover Building Code". Mr. Vrchota stated he would look through this to see where the Andover Building Code is referenced. Commissioner Vatne wondered if the garbage information was referenced here. Mr. Vrchota stated it was referenced elsewhere in the Code, not here. 111. City Code 12-8-7B.3 Bulk Fuel (Continued) Mr. Bednarz summarized the staff report. Commissioner Jasper stated the change says "all liquid storage tanks not permitted by this section" but there is nothing in this section that permits anything. He stated all it did was have different prohibitions so he did not think this clarified. He thought the intention was that they were not prohibiting tanks of less than one thousand gallons. Mr. Bednarz stated this was correct but Part D listed the provisions that this subchapter does not apply to. Commissioner Jasper stated the Conditional Use part and exception part he understood but the permitted part, there is not anything specifically permitting anything. All there is prohibitions. He thought to reach the same conclusion; to get to the same intent, he thought the added wording would clarify it. On page 1, 12-8-7, the definition, the third line is talking about a liquid storage tank "that is used to contain or dispense an accumulation of liquid substances deemed by the City to pose a threat". He suggested adding "of' after accumulation, the term "One thousand gallons or more ofIiquid substances". By doing that, they have now defined the term "liquid storage tanks" as being in excess of one thousand gallons. He stated on page two in the fourth line, it talks about prohibiting things or requiring a Conditional Use Permit. "Any tank having a capacity in excess of one thousand gallons shall be required to obtain a Conditional Use Permit". He thought it made more sense instead 0 "required to obtain", it should say "shall be prohibited unless the applicant obtains." If those two changes are made, then under prohibition, because liquid storage tanks is now defmed as tanks in excess of one thousand gallons, you could take out the new bold language and say "All liquid storage tanks not listed as a Conditional Use or as an exception is prohibited" because now the term has been defmed as those being in excess of one thousand gallons because he did not think there was any permissive language in the Statute, he thought this accomplished exactly what they are trying to accomplish, but in a clearer way. Mr. Bednarz thought this was more appropriate there and does cross reference where the trigger for the Conditional Use Permit is. lV. City Code General Discussion Item - Front Porches (Continued) \ Mr. Bednarz summarized the staff report. Regular Andover Planning and Zoning Commission Meeting Minutes - July 26, 2005 Page 5 Commissioner Jasper stated he had a couple of drafting questions. On page 26, B, talking about the porch or stoop not going more than eight feet in front of the normal front yard setback. In the new D2, they talk about the decks not going more than eight feet into the required rear yard setback. He thought for consistency they should both say "the otherwise required front yard or rear yard setback" or they should both say "the normal front yard or rear yard setback". His preference would be the fIrst change he stated. Commissioner Jasper stated in B, 2, says prohibited in the encroachment area. Item 3 says beyond the encroachment limit and item 4 says beyond the encroachment limit. He thought for consistency the word limit should be replaced with the word "area" so in each of those it is encroachment area He noted in the main part of item B, "Shall be allowed to encroach up to eight feet in front ofthe normal front yard setback for dwelling unit", he would change it to read "...in front of the normal front yard setback (encroachment area)..." so that term is defmed. Mr. Bednarz stated under B2, they are proposing not to allow at all windows or full walls in front of the front yard setback line. His concern would be using the word "encroachment area" where they are allowing encroachment and where they are not. Staff discussed the wording for the Code with the Commission. \, Mr. Bednarz stated he did not see a problem with changing the wording in item B3 from "encroachment limit" to "encroachment area" and item B4 to the same. The only question he had was with the term "encroachment area" and if it is sufficiently defIned under point B. Commissioner Greenwald wondered if they were talking about a screened in porch that has walls and windows with screens in them. Mr. Bednarz stated there would not be any walls or windows. He stated it would be an open air front porch with an eve or roof covering it and a rail but not solid two by four walls or windows but should clearly state they would allow it to be screened. The Commission discussed the defInition of "porch" and what they could rename this type of porch so it would not be confusing. v. City Code General Discussion Item - Dirt Bikes (Continued) Mr. Cross summarized the staff report. Chairperson Daninger indicated there was concurrence on the time. Mr. Cross stated it was. " Commissioner Greenwald indicated they needed to retitle the section in the Code to read "Snowmobiles, All-Terrain Vehicles and Off-Highway Motorcycles. Regular Andover Planning and Zoning Commission Meeting Minutes - July 26, 2005 Page 6 Commissioner Jasper stated it was his understanding to limit both OHM and ATV's to a time of 8:00 am. to 8:00 p.m. for operation. He stated that was the concern and request of the resident that was at the meeting tonight. Commissioner Greenwald stated in section 6-4-10, they need to reference both OHM and A TV Hours of operation and leave the snowmobiles as is. Commissioner Jasper agreed. Commissioner Greenwald thought they needed to list the specific definitions for A TV, snowmobiles and OHM's. Mr. Cross stated there is a specific definition for ATV's and thought they had one for snowmobiles. VI. Crematorium Regulations (Continued) Mr. Bednarz summarized the staff report. Mr. Bednarz stated they found it difficult to put a static number on an operation or site that they do not know. Chairperson Daninger wondered how the Commission felt about the definition. The Commission felt comfortable with it. The Commission discussed the setbacks and where crematoriums should be allowed in the City with staff. Consensus of the Commission was to have a 300 foot setback from residential for the crematorium and only allowed in general business along with industrial zones. Funeral homes would be permitted in all of the zones discussed. OTHER BUSINESS. Mr. Bednarz updated the Planning Commission on related items. Mr. Bednarz mentioned that there will be a public hearing for all of these items at the August 9th meeting. ADJOURNMENT. Motion by Greenwald, seconded by Casey, to adjourn the meeting at 9:05 p.m. Motion carried on a 6-ayes, O-nays, I-absent (Kirchoff) vote. Respectfully Submitted, ) Sue Osbeck, Recording Secretary TimeSaver Off Site Secretarial, Inc.