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HomeMy WebLinkAbout06/10/2014ANLb 6 W 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV Andover Planning and Zoning Commission Meeting Agenda June 10, 2014 Andover City Hall Council Chambers 7.00 p.m. 1. Call to Order 2. Approval of Minutes — May 27, 2014 Regular Meeting 3. Public Hearing: Consider a Variance to construct a fence eight (8) feet in height in the rear yard. The Variance request is for the parcel located at 14068 Aztec Street NW - Timothy Lee 4. Other Business 5. Adjournment Wk . C I T Y 0 F JY+ ••V'• -IND OVE 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755.5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Planning and Zoning Commissioners FROM: Stephanie L. Hanson, City Planner SUBJECT: Approval of Minutes —May 27, 2014 DATE June 10, 2014 REQUEST The Planning and Zoning Commission is requested to approve the minutes from the May 27, 2014 regularly scheduled meeting. r ' PLANNING AND ZONING COMMISSION MEETING — MAY 27, 2014 The Regular Bi- Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Holthus on May 27, 2014, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Chairperson Holthus, Commissioners Bert Koehler IV, Kyle Nemeth and Steve Peterson. Commissioners absent: Timothy Cleven, Dean Daninger, and Lynae Gudmundson. Also present: Community Development Director Dave Cariberg City Planner Stephanie Hanson Associate Planner Brett Angell Others APPROVAL OFMINUTES. April 8, 2014 Commissioner Nemeth had a couple of minor changes to make. On page two, sixth paragraph, the second to the last sentence should have a period rather than a comma. On page three, fourth paragraph, first sentence should read "what the impact of home values should be." Motion by Peterson, seconded by Koehler, to approve the minutes as presented. Motion carried on a 4 -ayes, 0 -nays, 0- present, 3- absent ( Cleven, Daninger, Gudmundson) vote. PUBLIC HEARING: Consider Rezoning 40 Acres North of Wintergreen Street NW and 161" Avenue NW from R -1 Single Family Rural to R -4 Single Family Urban — SW Land, LLC City Planner Hanson noted the purpose of this item is to hold a public hearing and take public input on rezoning the parcels located directly north of Country Oaks West residential development from R -1 Single Family Rural to R -4 Single Family Urban as requested by SW Land, LLC. 11 Regular Andover Planning and Zoning Commission Meeting Minutes — May 27, 2014 Page 2 City Planner Hanson reviewed the proposed rezoning request with the Commission. Motion by Koehler, seconded by Nemeth, to open the public hearing at 7 :08 p.m. Motion carried on a 4 -ayes, 0 -nays, 0- present, 3- absent (Cleven, Daninger, Gudmundson) vote. There was no public input. Motion by Nemeth, seconded by Koehler, to close the public hearing at 7:08 p.m. Motion carried on a 4 -ayes, 0 -nays, 0- present, 3- absent (Cleven, Daninger, Gudmundson) vote. Motion by Koehler, seconded by Nemeth, to recommend to the City Council approval of the rezoning request based on the fact that the property is located within the MUSA, water and sewer are available to the property, and the request is in harmony with the Andover Comprehensive Plan. Motion carried on a 4 -ayes, 0 -nays, 0- present, 3- absent (Cleven, Daninger, Gudmundson) vote. City Planner Hanson stated that this item would be before the Council at the June 3, 2014 City Council meeting. PUBLIC HEARING: Consider a Preliminary Plat fora 64 -Lot Residential Development Known as Country Oaks North — North. of Wintergreen Street NW and 161" Avenne NW— SW Land, LLC City Planner Hanson noted the purpose of this item is to hold a public hearing and take public input on the preliminary plat of Country Oaks North. The plat contains 64 -urban lots as proposed by SW Land, LLC. City Planner Hanson reviewed the proposed preliminary plat with the Commission. Commissioner Koehler asked on Outlot A, would the emergency access road be to access the railroad, the neighborhood or both. Ms. Hanson indicated it would be to service the neighborhood. Commissioner Koehler indicated he appreciated seeing this because of issues that have come up in the past. Commissioner Koehler asked if moving the storm water further back into the lots by the railroad tracks was to open up some more space for a backyard and was the intention also to lose some trees. Ms. Hanson stated that was correct. The City requested the storm water be moved further back with the intention of planting more trees. Commissioner Koehler asked if there has been any discussion with the developer about some type of barrier between the railroad track and the back property lines. Ms. Hanson indicated he could ask the builder. r Regular Andover Planning and Zoning Commission Meeting Minutes — May 27, 2014 Page 3 Commissioner Peterson asked where the outline of the storm water ponds will be on the lots. Ms. Hanson showed a map of the development with the buffer and ponding. Commissioner Peterson stated previously discussed was a future connection to Hanson Boulevard to the west and he asked where it would be located. Ms. Hanson directed Mr. Peterson to the developer. Motion by Koehler, seconded by Nemeth, to open the public hearing at 7:21 p.m. Motion carried on a 4 -ayes, 0 -nays, 0- present, 3- absent (Cleven, Daninger, Gudmundson) vote. Mr. Scott Wold, developer, explained at the last meeting in September there was a strong concern about a connection to the west. Since then they have met with property owners to the west and have acquired, under contract, the additional land that it takes to go to the west. Mr. Wold reviewed the drawing with the Commission. Mr. Wold stated they decided to make every effect to go to the west sooner than later because of neighborhood and City concerns. Chairperson Holthus asked what the timeline will be for connection of the road. Mr. Wold thought that once construction got to 50 percent complete they would start phase two going west. This will be a benefit to their subdivision as they sell lots. Chairperson Holthus asked if they anticipate any problems with acquiring the land. Mr. Wold stated they did not have any problems acquiring the land, the problem will lie with crossing the wetlands. Mr. Carlberg indicated the area that has been sketched over the race track area is not currently in the MUSA so a Comprehensive Plan Amendment process would have to ensue to bring that in. It does not mean the road could not be brought in but in order for that area to develop there would need to be a Comp. Plan Amendment process. Commissioner Koehler asked if there was anything between there and Hanson in the MUSA. Mr. Carlberg indicated there was not. Commissioner Nemeth stated there is a memo in the packet regarding Lot 1, Block 3, and the grade that is there. The grade is not supposed to exceed eight percent however on that lot the grade is 10.3 percent and he wondered if this has been reviewed and what is the plan to correct the grading issue. Mr. Wold indicated it has been taken care of with the last revision done on Friday, May 23`d. It Regular Andover Planning and Zoning Commission Meeting Minutes —May 27, 2014 Page 4 Commissioner Koehler asked if there was any type of boundary buffer between the back of the lots and the railroad tracks. Mr. Nash, DBS Engineering, stated on their latest plans they have moved the storm sewers back towards the railroad tracks while saving some trees along the railroad. He showed a layout of the tree preservation being proposed on the east and west side. Chairperson Holthus asked if the bike track will be gone. Mr. Wold indicated that was correct. Chairperson Holthus wanted to make sure that all of the concerns noted in the memo to staff from the City Engineers will be taken care of before going before the City Council. Mr. Wold indicated they would. Commissioner Peterson stated regarding 167"', is there any way an cast/west trail could be placed along here. Mr. Carlberg indicated there is a trail planned on the north side of 167th that will eventually connect. Commissioner Nemeth stated on Outlot A, is there anything to east of the outlot that would allow emergency vehicles to come through. Mr. Wold stated they have requested permission from the property owner and it has been granted to have a 16 foot crossing. The goal is this will be temporary until the road goes through to the west. Mr. Jeff Simms, 16526 Sycamore Street, asked on behalf of Peter Stiger, what was the limitation on the number of driveways on a State Aid Road and has the development met those limitations. Mr. Carlberg indicated they have tried to limit the number of accesses where possible. The City Engineering Department has reviewed this and is accepting of those accesses onto the street. Mr. Simms stated at the meeting last fall there was a lot of talk to the road to the west and one of the topics that came up was as people go down Wintergreen in the morning they will cross to Hwy 65 so the idea would be to go out of the development to the west, down Hanson to 161St and then around to Hwy 65. This does not alleviate the traffic problem of people going down Wintergreen. Something to ponder during the approval process. Mr. Simms stated regarding the emergency access, in the winter time the fire truck will not be able to get through the snow in an emergency. Also, in Country Oaks West there are a bunch of lots along the railroad tracks that are not sold and he wondered if there was a concern that they have a bunch of lots in the new development getting those sold. He also stated it feels like developers attend the meeting showing plans for future development and he wondered if it was up to the developers to drive those plans or is it up to the Planning Commission to dictate how they want the City to look because it feels like the developers have control. He also wanted to know why if the Planning Commission votes differently tonight from the rezoning of the property last fall, the reason for it. Regular Andover Planning and Zoning Commission Meeting Minutes — May 27, 2014 Page 5 Mr. Carlberg indicated there was no rezoning before them last fall, there was a Comp. Plan Amendment before the Commission to include this in the MUSA so this is the rezoning part of the development and that was not asked of the Commission previously. Mr. Carlberg explained the process the City goes through when reviewing a development. Commissioner Koehler stated his recollection of the meeting was that, not that they did not want to change the land use to urban but there were too many details that had not been reviewed yet for them to be comfortable with the change. Those issues did get hammered out through multiple meeting with the City, City Council and staff. The big issues were how they would get emergency vehicles into the development and that issue was worked out. He stated the City Council broke this into phases and the developer worked a way to get emergency vehicles in, with plowing, which is what eventually gets him to vote in favor of this. Commissioner Nemeth stated the biggest issue he had was the traffic issue and now that issue is being taken care of within the development. Mr. James Selmer, 17000 Ward Lake Drive, stated the road coming out of the development, 167 "', will go up by his property and he was concerned what the assessment will be on his property for the road. Also, the property where the dirt track is located appears not to have urban housing on it and was supposed to be rural housing. He wondered if their property will be considered for urban housing rather than rural housing. He indicated their lots are worth a lot less now because of the change. Mr. Carlberg stated as Mr. Wold has indicated, he has sketched the Kuiken property as urban and it is his desire to look at a Comp. Plan Amendment process to include that in the urban service area. The sewer will be coming from the Country Oaks North plat so it is logical to look at the extension to the west into this area as well as to the north, the Ganter property, so the likelihood of having City utilities to Mr. Selmer's property is very limited if at all possible. There was further discussion between the Commission and staff regarding the surrounding property and how that will develop in the future. Chairperson Holthus indicated her continued concern is the traffic that will be going out onto Wintergreen. She noted all the criteria have been met for the land use and zoning so it would be hard for the Commission not to recommend approval. Commissioner Nemeth wondered who is going to maintain outlot A and who will be responsible for maintenance of the emergency vehicle access. Mr. Carlberg stated this is something staff needs to check on and make sure the City has the authority to maintain the emergency access area across the tracks and out to Ward Lake Drive. They will need to have a discussion before the June 3rd City Council meeting to get it taken care of Regular Andover Planning and Zoning Commission Meeting Minutes — May 27, 2014 Page 6 Chairperson Holthus asked what the infiltration basin will look like. Mr. Nash stated the infiltration area will be a dry pond with a seed mix of prairie seed and buffer monuments around the area making this a no mow area which will treat the runoff water on the site. It will be a large rain garden. Mr. Mike Babineau, 16480 Wintergreen Street NW, stated he shared the south border of this property. He thought it was a mistake to allow more driveway accesses onto Wintergreen. There has also been concern about the housing butting up against the railroad tracks, he liked what was done at Winslow Woods by having multiple cul -de- sac's to limit the number of houses backing onto the railroad tracks. Motion by Koehler, seconded by Nemeth, to close the public hearing at 7:57 p.m. Motion carried on a 4 -ayes, 0 -nays, 0- present, 3- absent (Cleven, Daninger, Gudmundson) vote. Chairperson Holthus thought the pipe should be moved to the back of the lot because trees can be planted on top of them. Mr. Wold explained revisions were made to accomplish both by moving the pipe back and keep the tree line in the back. Mr. Carlberg indicated there will be an easement over the pipeline so trees and plantings will not be able to be put over them. Mr. Wold indicated their desire is to save trees and by making the revisions they were able to save a considerable amount of trees. Motion by Koehler, seconded by Nemeth, to recommend to the City Council approval of resolution as stated with City Council taking into consideration some of the issues raised such as who will take care of the snow removal for the emergency access and understanding the trees will be preserved as stated in the latest documentation. Commissioner Peterson offered a friendly amendment to the motion to include: Regarding the roadway going to the west on Hanson, make sure the road will be built as part of the development. Commissioner Koehler stated the issue is they do not know how the road is going to get built, who will be responsible to build it and if the developer would be responsible. Mr. Carlberg indicated the forty acres that is Country Oaks North is allowed to develop under the phasing without the access onto Hanson, which is by Council direction given to Mr. Wold. Mr. Wold has indicated he will try to build the road as soon as possible, it is the development to the north that cannot happen without that access. To make that a condition of approval is probably not acceptable because it is not the direction that was given to Mr. Wold. Regular Andover Planning and Zoning Commission Meeting Minutes — May 27, 2014 Page 7 Mr. Peterson removed his amendment and strongly suggested the road get built as soon as possible. Motion carried on a 4 -ayes, 0 -nays, 0- present, 3- absent (Cleven, Daninger, Gudmundson) vote. City Planner Hanson stated that this item would be before the Council at the June 3, 2014 City Council meeting. PUBLIC HEARING: Consider a Sketch Plan Review for a 26 -Lot Residential Development Located at 139`J' Avenue NW and Martin Street NW — Povlitzki Properties, LLC City Planner Hanson noted the purpose of this item is to hold a public hearing and take input on a residential sketch plan for a single family urban residential development as requested by Povlitzki Properties, LLC. City Planner Hanson reviewed the proposed residential sketch plan with the Commission. Chairperson Holthus asked if the applicant or developer has seen the memo from staff regarding the review of the sketch plan. Mr. Hanson indicated they have. Commissioner Nemeth asked for a review of the length of cul -de -sac's the City likes to stay at. Mr. Carlberg indicated it is 500 feet. Commissioner Nemeth asked if there was any thought about running 139`h all the way through to the west and connecting it where 139`h ends in the adjoining neighborhood. Mr. Carlberg stated this has been discussed before and the answer is no, there is a trail connection but it was the desire of the City years ago not to connect the neighborhoods. Commissioner Nemeth asked for the reasoning of this. Mr. Carlberg stated there was a desire of the Red Oaks development not to have that connection and also running all the traffic from commercial areas over to Crosstown through 139`' was not good for the neighborhoods. Chairperson Holthus wondered if 139" going east ended up on Hanson. Ms. Hanson stated it ends up on Jay Street. Commissioner Peterson asked for an explanation on how the lot sizes do not meet the minimum requirements of the M -1 zoning. Ms. Hanson reviewed the requirements. Commissioner Koehler asked where the Walmart loading dock is located at. Mr. Carlberg showed on the aerial map where the loading dock is located at. Regular Andover Planning and Zoning Commission Meeting Minutes —May 27, 2014 Page 8 Commissioner Koehler asked if Walmart has come forward to the City to request a 24 hour permit. Mr. Carlberg stated they have not. Commissioner Peterson asked if there is enough space, given the ponds, to make those viable city lots. Ms. Hanson noted they will not know those details until they look at the preliminary plat. Commissioner Koehler asked if staff had any opinion on how the cul -de -sacs are laid out on the plans. He wondered if they met all the City requirements. Ms. Hanson stated they do meet all of the City requirements. Commissioner Nemeth wanted the developer to look at the cut -de -sacs because he did not think they looked right. Motion by Nemeth, seconded by Peterson, to open the public hearing at 8:15 p.m. Motion carried on a 4 -ayes, 0 -nays, 0- present, 3- absent (Cleven, Daninger, Gudmundson) vote. Ms. Arlene Welk, 13809 Nightingale Street, stated her property is butted up against the new development. She wondered if there will be any emergency access through this. She also wondered how close the buildings will be built in the backyard to the lot lines. She thought the buildings looked very close together. She would suggest they back up and keep them at an acre lots like they used to be so they blend in with the homes surrounding them. She also asked what the orange bands on the trees are. Mr. Carlberg indicated they have some oak wilt they are looking at getting rid of and the developer may have some trees marked as well. Ms. Welk wondered how far the buildings are supposed to be from the lot line. Mr. Carlberg stated rear yard setback is thirty feet which is the standard for a residential structure. The question of access, they have 139`h Avenue where this project will abut and also Martin and Linnet Street coming in from the north and another access point to the north, 139`' Lane. So there are a couple of accesses to the project. There is not access to the development to the west but there is a few ways to get back into this area if there are emergencies. Ms. Welk asked if the thirty feet was from the front lot. Mr. Carlberg explained how the setbacks are measured. Ms. Welk wondered if there was any way to get larger lots so they looked nicer. Mr. Carlberg stated that would be an item for discussion with the developer. What the developer is proposing is to develop this site like the one to the north of it. Mr. Carlberg reviewed the possible emergency access plan. Mr. Jeff Gribner, 1917 139" Avenue NW, stated when Capstone put in the development they said the resident had to put in their own mailboxes but when he talked to the post office, they were upset with the developer that cluster boxes were not put in. He thought Regular Andover Planning and Zoning Commission Meeting Minutes — May 27, 2014 Page 9 it looked messy when everyone had their own mailboxes. He thought the developer should include that in their plans. Mr. Carlberg stated they are aware that the Post Office will be making changes regarding clustering of mailboxes. Mr. John Pratt, 13829 Nightingale Street NW, stated one concern is all of the trees were removed in the development to the north along with the marking of trees in this development. Another concern is the size of the lots. He also had a concern with the look of the cul -de -sac's and noted there was large equipment used when the development to the north was done and they heard rumbling, feel "mini earthquakes" and have noticed cracking in their homes because of this. Mr. Jeff Sims, 16526 Sycamore Street NW, stated he sees the same type of comment he stated before. There is a developer with a plan and meets all the specs, he would challenge the Planning Commission to ask why they don't try to match what the development to the west, with larger lots, looks like rather to the north. He told the Planning Commission to not let the developer decide what Andover should look like. The Planning Commission should decide that. Mr. John Pratt, 13829 Nightingale Street NW, stated with Walmart having gone in and other homes, property values have gone up and he wondered if this was because of the homes going in or just a sign of the times. Mr. Carlberg indicated the homes Capstone built are higher in value and would probably continue to see values increase. There has not been a decrease in values due to Wal -Mart. Mr. Brad Povlitzki, Povlitzki Properties and Jason Rudd, Rudd's Land Surveying were at the meeting to answer questions. Commissioner Nemeth asked if the developer was thinking about reconfiguring the two cul -de -sac's at all. He thought it best to get rid of one of the cul -de -sac and having larger lots. Mr. Rudd stated they gathered some information from the City before they started the sketch plan. He stated when they started the process they did have a triangle cul -de- sac. Mr. Rudd reviewed the previous drawing of the cul -de -sac. Mr. Rudd explained the triangle cul -de -sac was not viewed well by the City so they went with the current double cul -de -sacs which he did not like as much as the previous one. They are looking for feedback from the Commission and Council. He stated they want to maximize the use of the property and they followed the same standard as the development to the north. They are using the same standards. He stated they are proposing a 30 foot rear yard setback. He noted the orange banding on the trees are marking the tree location areas, not for removal or preserving. He explained that some trees will be removed for roads, ponds and building pads but they will preserve some trees for buffers and other enhancements. Regular Andover Planning and Zoning Commission Meeting Minutes —May 27, 2014 Page 10 Commissioner Peterson asked if they looked at a circle cul -de -sac rather than a hammerhead one, this may be easier to navigate. Mr. Carlberg stated the issue is the middle circle and who is responsible for maintaining it, there are also snow removal and maintenance issues with these types of cul -de- sac's. Commissioner Koehler asked what the price point would be for the homes. Mr. Rudd thought it would be consistent with the neighborhood to the north. Mr. Povlitzki indicated they will not know until they get the soil borings done and back. Commissioner Koehler wondered if there was any reason besides wanting to maximize the property why the developer would not match the lots size to the lots on the west side of the development and then as it moves towards the north to make the lots smaller. Mr. Povtitzki stated they were looking to copy the same size lots to the north because the neighborhoods will connect versus the neighborhood to the west, which will not connect, Mr. Rudd thought they were working with the conditions that were there. Commissioner Koehler wondered if there was any way to bring Martin Street in to the south and instead of having two cul -de- sac's, have the street do a somewhat of a diagonal turn to the southeast and keep one cul -de -sac, instead of two. It was noted there was an email from a resident that will go forward to the City Council regarding the loss of natural wildlife habitat and the safety of children in the adjacent neighborhood. Motion by Nemeth, seconded by Koehler, to close the public hearing at 8:50 p.m. Motion carried on a 4 -ayes, 0 -nays, 0- present, 3- absent (Cleven, Daninger, Gudmundson) vote. Chairperson Holthus summarized the concerns with two cul- de- sac's, lot size and emergency access. City Planner Hanson stated that this item would be before the Council at the June 3, 2014 City Council meeting. PUBLIC HEARING: Consider an Interim Use Permit for the Storage of Street Construction Materials at the Property NE of 16541 Hanson Boulevard NW — Richard Kuiken Associate Planner Angell noted the purpose of this item is to hold a public hearing and take input on an Interim Use Permit for storage of street construction materials. Associate Planner Angell reviewed the proposed Interim Use Permit request with the Commission. Regular Andover Planning and Zoning Commission Meeting Minutes — May 27, 2014 Page 11 Commissioner Nemeth stated item 4 in the resolution talks about the completion date of December 1, 2014. He wondered if this is hauling off the property and if the date can be changed to an earlier one because of winter weather. Mr. Angell stated the date can be changed to November if Commission so desires. Commissioner Nemeth asked if the removal date of June 3, 2016 has been directed to staff by the applicant or who directed the date. Mr. Angell stated the date is coming from the City Engineering Department. Commissioner Koehler asked if there was any type of restraining structure other than the silt fencing that would prevent people from trespassing onto the property. Mr. Angell did not think there was. This is a landlocked parcel and would not be near any development until the Country Oaks North development was done. Commissioner Nemeth stated in the memo from the Public Works Director, Item 5 asked to show the planned haul route and he wondered if the Commission could see it. Mr. Angell stated he did not have one but it would be coming directly from the east where they are developing Country Oaks North. Motion by Nemeth, seconded by Peterson, to open the public hearing at 8:55 p.m. Motion carried on a 4 -ayes, 0 -nays, 0- present, 3- absent (Cleven, Daninger, Gudmundson) vote. There was no public input. Motion by Koehler, seconded by Nemeth, to close the public hearing at 8:55 p.m. Motion carried on a 4 -ayes, 0 -nays, 0- present, 3- absent (Cleven, Daninger, Gudmundson) vote. Commissioner Nemeth stated regarding the date, he would like to see it pushed up to around November 2014 because of the winter weather in Minnesota. Commissioner Koehler stated the weather was not what concerned him, what concerned him was that the site needed to be restored and vegetated which is hard when the ground is starting to freeze. Motion by Nemeth, seconded by Koehler, to recommend to the City Council approval of the Interim Use Permit for the storage of highway construction materials at the property NW of 16541 Hanson Boulevard NW with the conditions attached in the resolution and with a change to Item 4 to change the date from December 1, 2014 to November 1, 2014. Motion carried on a 4 -ayes, 0 -nays, 0- present, 3- absent (Cleven, Daninger, Gudmundson) vote. Regular Andover Planning and Zoning Commission Meeting Minutes — May 27, 2014 Page 12 Community Development Director Carlberg stated that this item would be before the Council at the June 3, 2014 City Council meeting. PUBLIC HEARING: Consider an Interim Use Permit — Land Reclamation to Add FilUMaterial to the NE Side of the Property —16404 Inca Street NW — Larry Schalo Associate Planner Angell noted the purpose of this item is to hold a public hearing and take input on an Interim Use Permit for Land Reclamation to add fill /material to the NE side of the property. Associate Planner Angell reviewed the proposed Interim Use Permit request with the Commission. Commissioner Koehler recommended the date be changed to November 1, 2014 because the site needs to be restored and vegetated which may be hard to do in the winter months. Mr. Angell indicated the date can be changed. Motion by Nemeth, seconded by Peterson, to open the public hearing at 9:00 p.m. Motion carried on a 4 -ayes, 0 -nays, 0- present, 3- absent (Cleven, Daninger, Gudmundson) vote. There was no public input. Motion by Nemeth, seconded by Peterson, to close the public hearing at 9:00 p.m. Motion carried on a 4 -ayes, 0 -nays, 0- present, 3- absent (Cleven, Daninger, Gudmundson) vote. Commissioner Koehler asked if there was any other condition as to who would be cleaning up the streets after the trucks went down the road, was this the City's responsibility, Mr. Carlberg indicated that would be the hauler of the dirt. Commissioner Nemeth asked if they do not comply, would the $2,000 deposit pay to clean the street. Mr. Carlberg stated that deposit is also for any street repairs needed if damaged. Motion by Koehler, seconded by Nemeth, to recommend to the City Council approval of the Interim Use Permit — Land Reclamation to add fill /material to the NE side of the property at 16404 Inca Street NW with the following conditions in the resolution changing the completion date from December 1, 2014 to November 1, 2014. Motion carried on a 4 -ayes, 0 -nays, 0- present, 3- absent (Cleven, Daninger, Gudmundson) vote. Community Development Director Carlberg stated that this item would be before the Council at the June 3, 2014 City Council meeting. Regular Andover Planning and Zoning Commission Meeting Minutes — May 27, 2014 Page 13 PUBLIC HEARING: Consider Amendments to (lie City Code 9 -8 -2, Definition of Rental Dwelling; 11 -3 -4, Easements, 12 -8 -2, Land Reclamation; 12 -8 -3, Mining and 12 -8 -4, Soil Processing; 12 -16, Adding Requirements for Specific Interim Use Permits. Community Development Director Carlberg noted the purpose of this item is to hold a public hearing and take input on amendments to the City Code 9 -8 -2, Definition of Rental Dwelling; 11 -3 -4, Easements; 12 -8 -2, Land Reclamation; 12 -8 -3, Mining and 12- 8-4, Soil Processing; 12 -16, adding Requirements for Specific Interim Use Permits. Community Development Director Carlberg reviewed the proposed City Code Amendments with the Commission. City Code 9 -8 -2, Definition of Rental Dwelling Commissioner Nemeth asked what does the City go in and check that would differentiate them from other agencies. Mr. Carlberg stated their inspections are Building Code related but they have a history of going through the Farmstead Development for several years and have not found anything because other agencies such as the State and County inspect some of the same things. It is proving that they are not gaining any additional public safety or addressing any concern the City has. City Codes 11 -3 -4, Easements; 12 -8 -2, Land Reclamation; 12 -8 -3, Mining and 12 -8 -4, Soil Processing; 12 -16, Adding Requirements for Specific Interim Use Permits. There were no further questions on the amendments by the Commission. Motion by Peterson, seconded by Nemeth, to open the public hearing at 9:13 p.m. Motion carried on a 4 -ayes, 0 -nays, 0- present, 3- absent (Cleven, Daninger, Gudmundson) vote. There was no public input. Motion by Nemeth, seconded by Peterson, to close the public hearing at 9:13 p.m. Motion carried on a 4 -ayes, 0 -nays, 0- present, 3- absent (Cleven, Daninger, Gudmundson) vote. Commissioner Koehler asked if all the amendments were going to be approved together or one at a time because he had some concerns that were shared by Commissioner Nemeth. Commissioner Nemeth stated his concerns are that he knows the Health Department goes through along with Anoka County but he felt there was a reason why this is here so ensuring that there is another set of eyes is not a bad thing to make sure everything is ok within the dwelling. Regular Andover Planning and Zoning Commission Meeting Minutes — May 27, 2014 Page 14 Commissioner Koehler stated his concern is the same but for different reasons. He wondered why this one was chosen and not something else within the City that they do not want to continue to inspect. If they are going to stop inspecting something there needs to be a good reason for it. Mr. Carlberg stated when the rental regulations were put into place it was to address the blighted areas in the City that they wanted to focus on and make better and that is why the definition was written. Since then new senior housing projects have been built and they are not finding significant code issues that other agencies would not be able to find. He wondered if it was proper to charge an entity for a service that they are not getting anything for just to be licensed. Commissioner Koehler wondered what recourse the City would have if issues were brought to the City. Mr. Carlberg stated if code violations are found the City has the ability to go into the structure and look at it and enforce the Code. Motion by Koehler, seconded by Peterson, to recommend to the City Council approval of the amendments to City Code 9 -8 -2, Definition of Rental Dwelling; 11 -3 -4, Easements; 12 -8 -2, Land Reclamation; 12 -8 -3, Mining and 12 -8 -4, Soil Processing; 12 -16, adding Requirements for Specific Interim Use Permits. Motion carried on a 4 -ayes, 0 -nays, 0- present, 3- absent (Cleven, Daninger, Gudmundson) vote. Community Development Director Carlberg stated that this item would be before the Council at the June 3, 2014 City Council meeting. OTHER BUSINESS, Community Development Director Carlberg updated the Planning Commission on related items. Chairperson Holthus recommended having amendment changes be discussed at a workshop before the meeting like they have done in the past. Commissioner Koehler also suggested an email being sent out informing them of a public workshop. ADJOURNMENT. Motion by Nemeth, seconded by Koehler, to adjourn the meeting at 9:30 p.m. Motion carried on a 4 -ayes, 0 -nays, 0- present, 3- absent (Cleven, Daninger, Gudmundson) vote. Respectfully Submitted, Sue Osbeck, Recording Secretary Timesaver Off Site Secretarial, Inc. Ji..YMi91 AIWII 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 . (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Planning and Zoning Commissioners FROM: Stephanie Hanson, City Planner SUBJECT: PUBLIC HEARING: Consider a Variance to construct a fence eight (8) feet in height on the rear property line located at 14068 Aztec Street NW DATE: June 10, 2014 INTRODUCTION The applicant is requesting a variance to construct a fence eight (8) feet in height on the rear property line as requested by Timothy Lee. City Code 12 -7 -3 allows for fences up to a height of six (6) feet. DISCUSSION The Bunker Lake Boulevard and 7`h Avenue reconstruction project in the cities of Anoka and Andover is completed. As part of the project, Bunker Lake Boulevard has been elevated approximately three (3) feet resulting in the applicant's back yard abutting the county road to be approximately three (3) feet lower than the grade of the street and new pedestrian trail. Prior to the reconstruction project, the applicant had a six (6) foot privacy fence that was constructed in 1985 (prior to the existence of Bunker Lake Boulevard improvement), along with numerous mature trees and shrubs that were removed as part of the reconstruction project. The applicant believes because of the grade of the street, a six (6) foot fence will not be adequate in terms of providing privacy from the street and pedestrians on the trail. Also over the last 26 years, Mr. Lee added numerous plantings in his rear yard to provide privacy, all of which have been removed as part of the project. Also as part of the reconstruction project, the Anoka County Highway Department installed a nine (9) foot wood sound barrier wall in the rear yards of the properties south of Mr. Lee's property. Attached is a map depicting the location of the sound barrier wall. Mr. Lee has installed the posts to be used for an eight (8) foot wood fence, in close proximity to the sound barrier wall, so the height difference between the two (2) fences can be seen. Review Criteria City Code 12 -14 -7 outlines criteria when considering a variance. Code states "Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the official control. "Practical difficulties" as used in connection with the granting of a variance, means: 1. The property owner proposed to use the property in a reasonable manner not permitted by an official control; 2. The plight of the property owner is due to circumstances unique to the property not created by the landowner; 3. The variance, if granted, will not alter the essential character of the locality; 4. Economic considerations alone do not constitute practical difficulties." ACTION REQUESTED The Planning and Zoning Commission is asked to hold a public hearing, compare the variance request with the review criteria of City Code 12 -14 -7 and make a recommendation of approval or denial based on fact of findings to the City Council. Staff has prepared and attached a resolution of approval and denial. Attachments Resolutions of Approval Resolution of Denial Location Map Applicant's Letter City Code 12 -7 -3 City Code 12 -14 -7 Site Photos Site Survey ReCS \pie \ %ctfully V y v Stephanie L. Hanson Cc: Timothy Lee, 14068 Aztec Street NW, Andover, MN 55304 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION APPROVING A VARIANCE TO THE REQUIREMENTS IN ACCORDANCE WITH CITY CODE 12 -14 -7 FOR PROPERTY LOCATED AT 14068 AZTEC STREET NW, LEGALLY DESCRIBED AS FOLLOWS: Lot 15, Block 1, North Glen 5rh Addition WHEREAS, the Planning and Zoning Commission has held a public hearing and reviewed the request to vary from City Code 12 -7 -3 to allow a two (2) foot variance by allowing the construction of an eight (8) foot fence along the rear yard property line, and; WHEREAS, the City Council has received the recommendation of the Planning and Zoning Commission, and; WHEREAS, the City Council finds the request is in hannony with the purposes and intent of the ordinance; WHEREAS, the City Council finds the request is consistent with the Comprehensive Plans housing goals, objectives and policies; WHEREAS, the City Council finds the property owner does intend to use the property in a reasonable manner not permitted by the ordinance; WHEREAS, the City Council finds there are circumstances unique to the property that were not created by the landowner. As part of the reconstruction project, Bunker Lake Boulevard has been elevated approximately three (3) feet resulting in the applicant's back yard abutting Bunker Lake Boulevard to be approximately three (3) feet lower than the grade of the street and new pedestrian trail and the applicant's six (6) foot fence was removed, including numerous mature trees and shrubs, as part of the reconstruction project that were being used as a barrier. WHEREAS, the City Council finds the variance will maintain the essential character of the locality. There will be no changes to the property that will create visual differences that don't already exist in the area. A nine (9) foot wood sound barrier wall exists directly to the south which is 485 feet in length. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover approves the proposed variance request to allow a two (2) foot variance by allowing the construction of an eight (8) foot fence along the rear yard property line based upon the findings in this resolution and with the following condition: 1. The variance shall be subject to a sunset clause as provided in 12 -14 -7 E.6. Adopted by the City Council of the City of Andover on this 17th day of June, 2014. CITY OF ANDOVER ATTEST: Michelle Hartner, Deputy City Clerk Michael R. Gamache, Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION DENYING A VARIANCE TO THE REQUIREMENTS IN ACCORDANCE WITH CITY CODE 12 -14 -7 FOR PROPERTY LOCATED AT 14068 AZTEC STREET NW, LEGALLY DESCRIBED AS FOLLOWS: Lot 15, Block 1, North Glen 5'h Addition WHEREAS, the Planning and Zoning Commission has held a public hearing and reviewed the request to vary from City Code 12 -7 -3 to allow a two (2) foot variance by allowing the construction of an eight (8) foot fence along the rear yard property line, and; WHEREAS, the City Council has received the recommendation of the Planning and Zoning Commission, and; WHEREAS, the City Council finds the request is not in harmony with the purposes and intent of the ordinance; WHEREAS, the City Council finds the request is inconsistent with the Comprehensive Plans housing goals, objectives and policies; WHEREAS, the City Council finds the property owner does not intend to use the property in a reasonable manner not permitted by the ordinance; WHEREAS, the City Council finds the circumstances are not unique to the property although the circa nstances were not created by the landowner. As part of the reconstruction project, Bunker Lake Boulevard has been elevated approximately three (3) feet resulting in a portion of the properties abutting Bunker Lake Boulevard to be approximately two (2) to three (3) feet lower than the grade of the street and new pedestrian trail. WHEREAS, the City Council finds the variance will not maintain the essential character of the locality. The construction of the eight (8) foot fence will create visual differences that are not in harmony with the purpose and intent of the ordinance. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover denies the proposed variance request to allow a two (2) foot variance by allowing the construction of an eight (8) foot fence along the rear yard property line based upon the findings in this resolution. Adopted by the City Council of the City of Andover on this 17th day of June, 2014. CITY OF ANDOVER ATTEST: Michael R. 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The maps and documents are created as part of the Geographic Information System (GIS) that compiles records, information, and data from various city, county, state and federal resources. w E Copyright © 2013 City of Andover, All Rights Reserved Printed 06/04/2014 3 Timothy J. Lee Nancy T. Kintop — Lee 14068 Aztec Street NW Andover, MN 55304 nancy_kintop @comcast.net 763 - 442 -0385 May 19, 2014 City of Andover: The Bunker Lake Boulevard (CSAH 116) and Seventh Avenue (CSAH 7) Reconstruction Project in Anoka and Andover has been completed, and now it's time for us to reclaim our back yard. We are in the process of replacing the fence along the back of our property which borders the newly expanded road, and a new walking path. A ten foot noise wall was built along the back of the properties between 14044 -14064 Aztec St, stopping right at our property line. This is one reason why we are requesting to review the criteria of City Code 12 -14 -7. The elevation of the new road has resulted in an embankment at the back of our property where our new fence will be built. The new fence will not abut to the sound wall since the wall is not on the residential property line, but our fence will be built on the embankment where the elevation allows for the public to view directly into our back yard from the road, but more so from the new walking path. Our concern is mainly with the walking path where a six foot fence will not provide security as well as privacy from daily public foot and road traffic. Please take our request for an eight foot fence into consideration as the fence will not overlook any residential property, and our neighbors on either side of our property have no issue with our desire to build an eight foot fence instead of a six foot fence. If written statements from our neighbors are necessary, we can acquire them to support our variance request. We have provided pictures of the back of our property and the sound wall for your review and comparison study. Sincerely, Timothy J. Lee Nancy T. Kintop - Lee V vehicle access for the maintenance of drainage, ponding, or wetland areas. (Amended 4/19111, Ord. 405) 4. For fence placements on 2.5 acres and larger lots, the City may permit non - restrictive fencing in drainage, wetland or ponding areas as long as they do no restrict the flow of water. Access to ponds, wetlands and other such areas may be required by the City for maintenance purposes. (Amended 4/19/11, Ord. 405) 5, Fences in any area shall not be enclosed, hinder or restrict access to utility boxes, fire hydrants or other above ground utilities. (Amended 4/19/11, Ord. 405) 6. Fences on corner lots shall not encroach upon the Clear View Triangle as defined in Section 12 -2 -2 of this code. B. Any fence placed in violation of this section shall be the liability of the property owner who constructed it. The City, or any other agency having authority to work in a right -of -way or easement area, shall not be liable for repair or replacement of such fences in the event they are moved, damaged, or destroyed by virtue of the lawful use of that area. Any damage caused by the illegal placement of a fence shall be the responsibility of the property owner who constructed it. 12 -7 -3: FENCE HEIGHT: A. In the rear and side yards up to the front fagade of the principal structure, fences up to a height of six (6) feet are allowed. (Amended Ord. 386, 8/5/09) B. Fences located closer to the front property line than the principal structure, shall not exceed four (4) feet in height. In the R -1 Single - Family Rural Residential and R -2 Single - Family Estate zoning districts, "ornamental fences ", as defined in Section 12 -2 -2 of this title, of up to six (6) feet in height are permitted in all yards, provided the fence does not encroach upon the Clear View Triangle as defined in Section 12 -2 -2 of this code. (Amended Ord. 386, 8/5109) 12 -7 -4: PERFORMANCE STANDARDS: A. Construction and Materials: Every fence shall be constructed in a workmanlike manner. For all fences constructed after the adoption of this title, all posts, supports, and framework shall be placed on the inside of the fence, with the finished side facing the abutting property or street. 12 -14 -7: VARIANCES: A. The City Council, as authorized by Minn. Stat. 462.354 subdivision 2, and Minn. Stat. 462.357, subdivision 6, shall have the authority to hear requests for variances from the requirements of the zoning ordinance and other sections of the City Code where variances are authorized, including restrictions placed on nonconformities. (Amended Ord. 8, 10 -21 -1970, Ord. 314, 10 -4 -2005; Amended Ord. 407, 6- 21 -11) B. Review Criteria: 1. Variances shall only be permitted when they are in harmony with the general purposes and intent of the official control and when the variances are consistent with the comprehensive plan. (Amended Ord. 407, 6- 21 -11) 2. Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the official control. "Practical difficulties," as used in connection with the granting of a variance, means: a. The property owner proposes to use the property in a reasonable manner not permitted by an official control; b. The plight of the landowner is due to circumstances unique to the property not created by the landowner; c. The variance, if granted, will not alter the essential character of the locality; d. Economic considerations alone do not constitute practical difficulties. (Amended Ord. 407, 6- 21 -11) C. Conditions Authorized: The City Council may impose conditions in the granting of variances. A condition must be directly related to and must bear a rough proportionality to the impact created by the variance. (Amended Ord. 407, 6- 21 -11) D. Specific Variances Authorized: No variance may be granted that would allow any use that is not allowed in the zoning district in which the subject property is located, except as follows: (Amended Ord. 407, 6- 21 -11) 1. Variances shall be granted for earth sheltered construction as defined in Minn. Stat. 216C.06, subdivision 14, when in harmony with the official controls. (Amended Ord. 407, 6- 21 -11) 2. Variances may be granted for the temporary use of a one family dwelling as a two family dwelling. (Amended Ord. 407, 6- 21 -11) E. Procedure: The procedure for granting variances is as follows: 1. Request For Variance; Fee: A person desiring a variance shall fill out and submit to the Community Development Director a request for variance application form together with a fee as set forth by ordinance'. A public hearing shall be held by the Planning Commission as provided in City Code 12 -14 -8. (Amended Ord. 342, 3 -6 -07; Amended Ord. 407, 6- 21 -11) 2. Planning and Zoning Commission Review: A public hearing shall be held by the Planning and Zoning Commission as provided in City Code 12 -14 -8. The Planning Commission shall make a recommendation to the City Council based upon the provisions of City Code 12 -14 -7. (Amended Ord. 407, 6- 21 -11) 3. City Council Action: The City Council may grant the variance based upon the provisions of City Code 12 -14 -7 request if it will be in keeping with the spirit and intent of this title and if it finds that strict enforcement of this title will cause undue hardships because of circumstances unique to the individual property under consideration. Economic considerations shall not constitute an undue hardship if reasonable use of the property exists under the terms of this title. (Amended Ord. 407, 6- 21 -11) 4. Appeals: The petitioner, if appealing an interpretation of this title by an employee of the city which would require him/her to obtain a variance, shall have the fee refunded if his /her appeal is upheld by the City Council. 5. Emergency Variance Requests: The City Council may waive Planning and Zoning Commission review and take immediate action on emergency variance requests that affect the immediate health, safety and welfare of the citizens of Andover or if time constraints present severe hardship to the applicant. The applicant is required to show the immediacy of the issue and the potential health, safety or welfare threat. The City Council shall determine if the request warrants immediate review. (Amended Ord. 407, 6- 21 -11) 6. Time Limit On Implementing Variance: If the City Council determines that no significant progress has been made in the first twelve (12) months after the approval of the variance, the variance will be null and void. (Amended Ord. 8, 10 -21 -1970) See subsection 1 -7 -3H of this code. ti''4T 1 f P J if v _ Ae 5 La -p- mar . _ 4`4 - •, v LOT SURVEYS COMPANY INC. . `� —�_. INVOICE NO.15826 i LAND SURVEYORS F. B. NO. Z91 -31 SCALE I" 201 JAMIE SHARP REGISTERED UNDER LAWS OF STATE OF MINNESOTA 0— DENOTES IRON '. 7601- 73rd Avenue North 560.3093 n Denotes Wood Hub Set For Excavation Only Minneapolis, Minnesota 55428 Denotes Surface Drainagerurl,�piB �pittP Denotes Proposed Elevation i ppo,ODenotes Existing Elevation �L v1dr / � L �4 • ' � g79 91r, 3 � N Top of I? r \ B 10, 9 lr 816.5 x 8183 0 2�.0° p Y — 3 1 •'1'i 6 3 r S1 a i8'Zy4 241. 61 8'1'i'I $11 J Top of Block cy It �' Liz B� Z I $^1 BSI -p � -j Garage Floor j D. (r — Lowest Most Floor to p �J U�Miy It Drainag8 EASeme- ---� o�B1'1•S'— — CD LJ d u` Sao. 2 d' STI-0 r- Lot 15, Block 1, NORTH GLEN 5TH rte, of IP Q s 44 Vac (an f } i WA hereby certify that this is a true and correct representation of a survey of the boundaries of the above described land and the location of all build- ings and visible encroachments, if any, from or on said land. Su veyed by us this 27 day of AU2USt 19—M Signed A. Prasch, Minn: Reg. No. 6743