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HomeMy WebLinkAbout04.23.19Lw rMlin no _j 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 April 23, 2019 Andover City Hall Council Chambers 7.00 p.m. 1. Call to Order 2. Pledge of Allegiance 3. Approval of Minutes — April 9, 2019 Regular Meeting 4. Public Hearing —Variance Request —Side Yard Setback — 2384 1515` Ave NW — Kevin Koschak 5. Other Business 6. Adjournment 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV TO: Planning and Zoning Commissioners FROM: Stephanie L. Hanson, City Planner SUBJECT: Approval of Minutes —April 9, 2019 Regular Meeting Minutes DATE: April 23, 2019 REQUEST The Planning and Zoning Commission is requested to approve the April 9, 2019 regular meeting minutes. I PLANNING AND ZONING COMMISSION MEETING — APRIL 9, 2019 2 3 The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was 4 called to order by Chairperson Bert Koehler IV on April 9, 2019, 7:00 p.m., at the Andover 5 City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. 6 7 Commissioners present: Dean Daninger, Karen Godfrey, Scott Hudson, Nick 8 Loehlein, Jeff Sims, and Mary VanderLaan. 9 10 Commissioners absent: None. 11 12 Also present: Community Development Director Joe Janish 13 City Planner Stephanie Hanson 14 Others 15 16 17 PLEDGE OFALLEGIANCE 18 19 OATH OF OFFICE — COMMISSIONER KAREN GODFREY 20 21 Chairperson Koehler administered the oath of office to newly appointed Commissioner 22 Karen Godfrey. He congratulated and welcomed Commissioner Godfrey. 23 24 APPROVAL OFMINUTES 25 26 March 26, 2019 Regular Meeting: Correct as written. 27 28 Motion by VanderLaan, seconded by Loehlein, to approve the minutes as presented above. 29 Motion carried on a 5-ayes, 0-nays, 2-present (Godfrey, Sims) 0-absent vote. 30 31 PUBLIC HEARING. Conditional Use Permit — Home Occupation: Sapphire Massage 32 —14405 Osage St. NW— Sara Johnson 33 34 Community Development Director Janish presented the request of Sara Johnson for a 35 Conditional Use Permit (CUP) for an in-home massage therapy business at 14405 Osage 36 Street NW, aided by the image of a directional map and description of subject property. 37 38 Community Development Director Janish reviewed the application with the Commission: 39 the applicant has been in business for over 12 years; there would be typically no more than 4o 3-4 clients on any given day; an appointment-based business with 30-minute gaps between 41 clients to prevent overlap; the massage area will be located in the lower level of the home; 42 no outdoor space utilized except parking. The applicant has a three-car garage, with the 43 ability to have off-street parking as well as street parking if necessary. The applicant meets 44 the City Code which requires at least two parking stalls for each single -family residence. 45 There is three-wide parking in front of the garage, so there's the ability for clients to be 46 located in the driveway as well. Based on the expectation of 3-4 clients per day, there would 47 be minimal traffic increase with 6-8 trips in the area per day. Based on both past CUPS Regular Andover Planning and Zoning Commission Meeting Minutes —April 9, 2019 Page 2 1 related to this type of use and also what the applicant has indicated, clients would not be 2 present before 7 am or after 10 pm. 3 4 Community Development Director Janish reviewed the criteria used to determine if it's 5 appropriate to grant a CUP, starting with the effect of the proposed use upon the safety, 6 morals and general welfare of the occupants of surrounding areas. He noted therapeutic 7 massage is allowed as a conditional use in the R-4 Single Family -Urban zoned district as a 8 home occupation. The applicant is required to obtain a license through the City, which 9 requires a background check. He noted the CUP typically remains with the property, 10 meaning the next buyer could conduct the same type of business, and they would also have 11 to go through the licensing process in order to open up the business. He stated, as far as 12 existing and anticipated traffic conditions, there would be minimal traffic conditions, with 13 3-4 clients coming every day, it would add 6-8 trips in the area, and the potential to park 14 in the driveway meets City Code requirements. He noted, as far as the effect on values of 15 property and scenic view in the surrounding area, the applicant is not proposing t6 modification to the home from the exterior, the increase in traffic will be minimal, and the 17 applicant expects to have one client at a time and has control over the times individuals 18 arrive due to the appointment nature of the business. 19 20 Community Development Director Janish stated, based on a previous home occupation 21 related to therapeutic massage services, the draft Resolution has four conditions: they shall 22 conform to the requirement of City Code 3-6, a Massage Business and Service Ordinance; 23 a parking space for clients shall be established in the driveway of the residence; hours of 24 operation shall be within 7:00 am and 10:00 pm; the number of clients will be capped to 25 no more than five per day. 26 27 Commissioner Sims asked why a CUP is necessary for this property, if this is already part 28 of the code. Community Development Director Janish responded the home occupation 29 triggers a CUP for this particular use. 30 31 Chairperson Koehler asked for confirmation that 7:00 am to 10:00 pm falls within the 32 City's Noise Ordinances, which Community Development Director Janish confirmed. 33 34 Chairperson Koehler asked if the homeowner would be permitted to hire a second licensed 35 therapist under this CUP. Community Development Director Janish stated under this 36 granting there's not a limitation on that; typically, home occupations allow for individuals 37 within the property to conduct business. However, even if another therapist were hired, it 38 would still be capped at five clients per day. The Code does allow under home occupation 39 generally for one employee outside of the home. 40 41 Chairperson Koehler gave a scenario --the applicant goes on vacation to Europe for a month 42 and hires someone who is licensed to continue the business out of her home --and 43 questioned whether that's permissible. Community Development Director Janish stated the 44 hired individual would need to obtain a license through the City Council for that type of Regular Andover Planning and Zoning Commission Meeting Minutes —April 9, 2019 Page 3 1 business because the business itself is licensing the individual, so that individual would 2 have to go through the same licensing process. 3 4 Motion by Daninger, seconded by VanderLaan, to open the public hearing at 7:10 p.m. 5 Motion carried on a 7 -ayes, 0 -nays, 0 -absent vote. 6 7 There was no public input. 8 9 Motion by Daninger, seconded by Loehlein, to close the public hearing at 7:11 p.m. Motion to carried on a 7 -ayes, 0 -nays, 0 -absent vote. 11 12 Chairperson Koehler stated he personally had no concerns with the way the CUP is written, 13 that the cap of five people per day alleviates the issue of cars coming and going all day 14 long. 15 16 Commissioner Sims asked if the applicant would be required to apply to modify the CUP 17 if they wanted to expand beyond five clients per day. Community Development Director 18 Janish stated if the applicant wanted to deviate from any conditions the Council formally 19 adopts, the applicant would have to amend the CUP to operate under different standards. 20 21 Commissioner VanderLaan stated in the Ordinance it talks about on occasion people need 22 to come in on a yearly basis for renewal and asked whether this CUP falls under that 23 restriction. Community Development Director Janish responded that with regard to CUP, 24 when it comes to the home occupation, City Staff follows up when there's complaints. The 25 license is renewed with the City Council, so that information is provided and researched 26 again and then a recommendation given to the City Council, which is typically under their 27 Consent Agenda. 28 29 Motion by Daninger, seconded by Loehlein, to recommend to the City Council approval 30 of a Conditional Use Permit for on-site in-home therapeutic massage services as presented 31 on the property located at 14405 Osage Street NW. Motion carried on a 7 -ayes, 0 -nays, 0- 32 absent vote. 33 34 Community Development Director Janish stated this item would be heard before City 35 Council at the May 7, 2019 City Council meeting. 36 37 PUBLIC HEARING: Interim Use Permit — Land Reclamation — NE Corner of Prairie 38 Rd/1461" Ln NW, PIN 25-32-24-21-0004 — Mark and Mike Smith 39 40 Community Development Director Janish presented the request of Mark and Mike Smith 41 for an Interim Use Permit (IUP) to store/grade up to 60,000 cubic yards of soil, aided by 42 the image of directional map and description of subject property. He noted the soil is excess 43 dirt from the Catcher's Creek East development and would be used for grading of the lots 44 on the subject property. The applicant is working on a preliminary grading plan for the Regular Andover Planning and Zoning Commission Meeting Minutes—April 9, 2019 Page 4 1 area, but that's not part of the approval process. The request concerns the movement and 2 then spreading of dirt at the site. 3 4 Community Development Director Janish reviewed the conditions required to approve the 5 IUP, including no placing fill within the floodplain and wetlands. He displayed two maps, 6 one following the wetlands and one following the floodplain. He also displayed a map 7 where the wetland has been delineated. He noted the floodplain information isn't part of 8 that map but City Staff has included that no fill be placed in the floodplains as well. 9 10 Community Development Director Janish stated within the Resolution there's a limitation 11 that the grading cannot exceed a 3 to 1 slope; silt fencing would be required around the 12 stockpile/land reclamation area until vegetation has been established onsite; the applicant 13 is required to seed and hydromulch the graded area; the applicant is responsible to obtain 14 appropriate and necessary related permits. 15 16 Community Development Director Janish said one of the conditions is that stockpiling and 17 grading shall remain 50 feet from property lines unless approved by the City Engineer due 18 to some proposed septic sites and to provide some distance between the property owners 19 and not have a 3 to 1 slope right at the property line. The City Engineer is comfortable with 20 that condition and it is believed the applicant is in agreement with the 50 -foot mark. 21 22 Community Development Director Janish stated the hours of hauling soil to the site are 23 limited to Monday -Friday 7 am to 7 pm, Saturday from 8 am to 7 pm, and no operations 24 on Sunday. He noted the hauling route and stated the applicant indicated they would like 25 to use University Avenue, creating essentially a circle for the hauling trucks, but that this 26 summer University will be under construction from Andover Boulevard to 157th. 27 Engineering has indicated that, until that roadway is under construction, the applicant can 28 use University Avenue. However, once that is under construction, Andover Boulevard, 29 146th Lane, and Prairie Road will be the haul route. The applicant shall be responsible for 30 cleaning of material such as soil, sand, etc., from the public roadways as needed, with a 31 daily minimum expected. 32 33 Community Development Director Janish said the IUP has similar conditions as a CUP. 34 He said City Staff provided potential draft responses regarding the IUP, one being it would 35 not create an excess burden on parks, streets, or other public facilities. He stated the 36 placement of fill would not necessarily create an excess burden as it does not impact parks 37 or public facilities. He said vehicles hauling the fill will utilize a haul route which is 38 designed to accommodate vehicle traffic. Also, no grading/stockpiling shall occur within 39 50 feet adjacent to property lines or Right -of -Way unless approved by the City Engineer. 40 The next condition listed is the use would not be injurious to the surrounding neighborhood 41 or otherwise harm the public health, safety, and general welfare and the applicant shall 42 establish vegetation within the disturbed area. The hauling trucks must be licensed and 43 inspected according to State requirements, and are supposed to be inspected daily. Another 44 condition of use is that there will not be a negative effect on the values of property and 45 scenic views. While vehicle traffic will be increased for a short time, the area is slated for Regular Andover Planning and Zoning Commission Meeting Minutes—April 9, 2019 Page 5 1 future development, and the applicant intends to develop the site at a later date. He said 2 there is no approval needed regarding property lines related to the development, only the 3 ability to move the fill material to the site. 4 5 Community Development Director Janish stated other conditions include: the use will not 6 impose additional unreasonable costs on the public, and the applicant will be responsible 7 to clean the streets of any haul material that may accumulate on the roadways. The roads 8 proposed for the haul routes are designed to accommodate vehicle traffic and heavier truck 9 traffic. There will not be weight restrictions on the roadways at the time. 10 11 Community Development Director Janish said the permit will be subjected to, by 12 agreement with the owner, any conditions that the City Council deems appropriate for the 13 permission of the use, including a condition that the owner may be required to provide 14 appropriate financial surety to cover the cost of removing the Interim Use and any interim 15 structures upon the expiration of the IUP. The applicant is the owner of this property and 16 the material that's being moved there, and there are no structure impacts that are expected 17 related to this particular request. 18 19 Community Development Director Janish summarized the 11 conditions and explained that 20 as part of the public hearing, he did receive one item and had two brief conversations and 21 he would be willing to summarize those as part of the public hearing process. 22 23 Commissioner Hudson asked how long the IUP is good for and if it is possible to set an 24 end date as part of the approval. Community Development Director Janish said the 25 application indicated 90 days, and the way it's written it would default to a five-year 26 minimum and then expire at that point. He reminded the Commission the IUP is the 27 movement of soil to this particular site and there is not a specific time frame indicated. 28 29 Commissioner Godfrey referenced the days/hours of hauling being stipulated but wanted 30 an estimate of the duration of hauling. Community Development Director Janish stated it 31 would depend on how the permit would be granted, that it would have up to 60,000 cubic 32 yards of soil that could be brought on the site, and the duration would depend on the type 33 of construction activity that is occurring at Catcher's Creek East and how quickly the soil 34 can be moved there. 35 36 Chairperson Koehler asked if the duration could be up to five years as currently written. 37 Community Development Director Janish stated the default is part of the IUP because all 38 IUPs default to five years unless otherwise specified. 39 40 Chairperson Koehler asked if there was any feedback from the developer as to how long 41 he will need to move this amount of dirt. Community Development Director Janish stated 42 the applicant has stated to City Staff he would like to move it as quickly as possible so he 43 can get moving on his next development, so putting in a time frame could be appropriate 44 after a conversation with the applicant. 45 Regular Andover Planning and Zoning Commission Meeting Minutes —April 9, 2019 Page 6 1 Motion by Hudson, seconded by Sims, to open the public hearing at 7:25 p.m. Motion 2 carried on a 7 -ayes, 0 -nays, 0 -absent vote. 3 4 Community Development Director Janish summarized three contacts from residents 5 regarding this request. City Staff received a copy of the Notice of Public Hearing which 6 was mailed to residents. He indicated the resident's location on map and stated the resident 7 would vote no related to the IUP. He also received an email from an individual who asked 8 what was happening on the property. Community Development Director Janish responded 9 to the email and did not receive a response back. He also received a phone call from an 10 individual who indicated they may provide a letter for this meeting but he did not receive 11 a letter. That person did not indicate whether they were in favor of or if they had concerns 12 related to the request. 13 14 Commissioner Loehlein questioned the nature of the opposition from the resident on 15 Butternut Street, if any detail was given. Community Development Director Janish 16 indicated he received the letter and then apologized and indicated the resident lived on 17 Evergreen St. 18 19 Chairperson Koehler asked for comments and opinions from the public and stated 20 questions should be addressed to the Commissioners, not the developer, that the developer 21 would be available later and all questions would be answered. He reminded everyone that 22 this is the Planning and Zoning Commission, not the City Council, and the Planning and 23 Zoning Commission have no binding authority but merely provide recommendations. The 24 City Council takes everyone's input, listens to the Planning and Zoning Commission's 25 recommendation, and makes a final decision. 26 27 Dan Smits, 14861 Prairie Road NW, owns 13 acres to the north of the property. He 28 expressed concern about the overall volume of loads, as 18 cubic yards equals 3,330 loads 29 of dirt moving on the road. He is not clear on what period of time; it may be up to five 30 years. Mr. Smits stated he walks on 146th every day and wonders how the road will stand 31 all the large vehicles pounding on it, not to mention the noise, dust, etc., that will 32 accumulate from this project. He asked why the developer would be allowed to transport 33 the dirt there if they are not going to get a permit to build on the site, and he asked how 34 long the dirt will be in a big pile. He wanted to know if they would need a special permit 35 to store the dirt since they are not an excavating company. He also wanted to know whether 36 they have a permit to have the shed there. He stated there are people in and out of there, 37 they're storing stuff, and he would like to know the rules related to the project. He 38 expressed concern over the sheer volume of this project. 39 40 Mark Buhagiar, 230 146th Lane NW, questioned the volume of material coming on the 41 site. He wanted to know if this is a storage area or the first step for development of the area. 42 He also wanted to know the time frame for both moving the material as well as the next 43 steps beyond that process. He is concerned about the volume of traffic going up and down 44 146th in regard to wear and tear of the road. He owns horses just off that road and has 45 concerns regarding that. He is also concerned with the duration of time the trucks will travel Regular Andover Planning and Zoning Commission Meeting Minutes — April 9, 2019 Page 7 1 in a day, that morning to evening seems like a lot, depending on the amount of road usage 2 and how quickly the material gets moved to the location. 4 Mark Smith, 2120 Otter Lake Drive, St. Paul, applicant, stated he plans to develop the 5 property in the future and the sooner, the better because of the demand for property in this 6 area. He said this site is low on dirt and he has the opportunity to bring dirt from the 7 Catcher's Creek East site which needs to be removed. He stated that if he had to buy 60,000 8 yards of dirt the project would not make sense, but since it's just the cost of hauling, it 9 makes this future site more viable and feasible. He estimates that typically 20 loads per io hour will be hauled with between 18 and 22 yards a truckload and it will be about a four - 11 to five-week period to move the dirt. He said the dirt might not be moved at the same time; 12 they might do two weeks of hauling, stop and get some grading done, and then come back 13 and haul again. He stated there might be two or three different time periods for hauling. He 14 said summers and construction periods are short so they start at 7 am until 7 pm or until it 15 gets dark. He talked about the weight of the trucks and said, on average, with 18 wheels 16 and the loads being 60-80,000 pounds, each tire carries 4,000 pounds versus a pickup truck 17 which has about 2,000 pounds per tire. He stated the streets in Andover are designed for 18 this weight capacity. 19 20 Chairperson Koehler asked Mr. Smith when he might start developing the site, what "the 21 sooner, the better" means. Mr. Smith stated he has been working with Engineering on it, a 22 delineation is done on the site, they are working with flood maps, and he hopes to have a 23 plat to show the City by the fall. 24 25 Chairperson Koehler asked Mr. Smith to describe the process to make sure dust and 26 cleanup would be handled properly. Mr. Smith stated Catcher's Creek I, Catcher's Creek 27 II, and Hickory Meadow 11 all needed a lot of dirt and over 100,000 yards were hauled into 28 those sites from Catcher's Creek East off Butternut. He indicated that for those projects 29 they swept the streets; when it rained, they cleaned up the mud; they put calcium chloride 3o down to keep the dust down where the trucks were driving. He said when there were 31 complaints about trucks being overloaded, he told the guys to keep the loads lower and 32 they did a better job of keeping the loads lower so the dust was not blowing. He stated they 33 do what they can to minimize issues and that he's on the homeowners' side and knows it's 34 an inconvenience. He also has told people that if trucks show up too early in the morning, 35 to call the police. 36 37 Chairperson Koehler asked Mr. Smith to describe the structure that's on the property which 38 is being used. Mr. Smith stated the structure is a pole building and it was there before he 39 bought the property. He stated that the pole building has been rented out by a construction 40 contractor who uses that building, but that they do not do anything on the site other than 41 store their vehicles in the building and do some work on their vehicles. 42 43 Commissioner Loehlein asked Mr. Smith whether the trucks are covered when they haul 44 dirt or if the beds are open for the dirt to billow out. Mr. Smith stated trucks have the cover Regular Andover Planning and Zoning Commission Meeting Minutes —April 9, 2019 Page 8 1 usually for a long distance, and since it's not a long distance, most of the trucks are not 2 going to have a cover. 3 4 Commissioner Daninger stated the Resolution indicates a minimum of once -a -day cleaning 5 and questioned Mr. Smith as to when the cleaning will occur, such as 7 pm at night, or if 6 it's a constant occurrence during the day. Mr. Smith stated that someone will be out there 7 during the day, cleaning as needed, because they do not want the dirt to get caked on too 8 much, especially when it's raining. 9 10 Commissioner Daninger clarified that his concern was whether, at 7 pm, everyone in the 11 neighborhood would have to listen to the sweeper for three hours. He asked if the intent is 12 that they will clean as they go and that, when the last load is unloaded, the sweeper is right 13 behind it and then they are done for the day. Mr. Smith responded in the affirmative. 14 15 Commissioner V anderLaan asked Mr. Smith if he is contracting with a company to do the 16 hauling or if he owns the company that is doing the hauling. Mr. Smith said he does not 17 own the equipment that is doing the hauling. 18 19 Commissioner VanderLaan asked if there is one company that will do the hauling or if 20 there will be several companies involved. Mr. Smith replied the contract he has is with the 21 excavator who owns the trucks, North Pine. He stated they are a very reputable company 22 and sometimes they subcontract with another contractor, but he feels North Pine will make 23 sure all work will be done well for the City. 24 25 Commissioner Hudson asked what the intent is once the soil is at the site, if the dirt will be 26 in large piles or be pad -ready. Mr. Smith replied that the intent is to make the dirt pad - 27 ready or as close as they can to a 3 to 1 slope. He stated that when they haul in the dirt, 28 they will be driving over the same area and dumping, so they will have to keep grading it 29 out as they go. He said they would primarily build on the pads shown, as they cannot drive 30 on future septic system areas, so they are narrowing the scope of where the dirt piles will 31 be. Mr. Smith stated the dirt will be graded, topsoil added, and then it will get seeded and 32 mulched. 33 34 Commissioner Hudson asked, assuming approval from the City, when Mr. Smith would 35 like to start and if 120 days would be a reasonable amount of time for this NP to keep the 36 project moving forward. Mr. Smith stated 120 days would probably be more than enough 37 time, but in case he doesn't get enough dirt out of the site and there's not enough to finish 38 the job, he would like to keep the window open. He stated there's a yardage amount that's 39 been discussed, and if he gets 40,000 yards this year and he finds another 20,000 40 somewhere else next year, he doesn't want to have to come back to the City. He said he 41 would like to keep the time frame open for more than a year if possible because he cannot 42 guarantee all the yardage will get done this season. 43 Regular Andover Planning and Zoning Commission Meeting Minutes—April 9, 2019 Page 9 1 Chairperson Koehler asked Mr. Smith for a start date on the project, assuming all things 2 fell in line. Mr. Smith stated he did not feel the project could be started until sometime in 3 June due to some things that have come up with other properties. 4 5 Dan Smits, 14861 Prairie Road NW, stated a pipeline goes through there and asked how 6 the pipeline will be protected so there are no issues caused with the trucks driving there 7 and whether there is some established grading or a road that's going to be used by the 8 trucks. 9 10 Chairperson Koehler asked Mr. Smits for clarification of his statement that the pipeline 11 goes through there, specifically to clarify "there." Mr. Smits stated there's a station across 12 the street from his house and he believes a pipeline goes through the middle of the property. 13 Community Development Director Janish displayed a map where the pipeline is located 14 and stated there would be additional fill placed there so there's additional coverage of the 15 pipe. 16 17 Chairperson Koehler asked whether the Engineering Department reviewed this and if they 18 had any concerns. Community Development Director Janish answered that the Engineering 19 Department did review this and did not express any concerns related to the hauling of fill. 20 21 Motion by Loehlein, seconded by Hudson, to close the public hearing at 7:48 p.m. Motion 22 carried on a 7 -ayes, 0 -nays, 0 -absent vote. 23 24 Commissioner Sims asked if there were any rules regarding dirt, whether a mining permit 25 is needed. Community Development Director Janish stated that in order to haul material to 26 the site, the applicant has two options. One is to have a preliminary plat that's approved, 27 and then an IUP is not needed to haul fill material in. The other option is to pursue an IUP 28 which requires a Planning and Zoning Commission to discuss haul routes, hours of 29 operation, etc. An IUP is required for amounts over 2,000 yards and a grading permit is 30 required for amounts over 400 yards. He stated there are challenging pieces of property 31 within Andover that need fill brought to them to make them feasible for potential future 32 development. 33 34 Commissioner Sims asked what the requirement is for a mining permit. Community 35 Development Director Janish stated the mining permit is for the removal of material from 36 a property. He stated the Code reads that you fall under the stockpile/land reclamation 37 when you haul dirt in, and mining is the removal. He said Catcher's Creek East has an 38 approved grading plan so the material can be moved from that site and a mining permit is 39 not triggered to excavate to what your plans are approved to. He stated it does not require 40 an IUP if you are hauling fill in to meet the grading plan; it is only required when you are 41 doing so without those approvals in place. 42 43 Chairperson Koehler commented that Mr. Smith has been in front of the Commission 44 before, requesting different completion dates due to Mother Nature, so he understands Mr. 45 Smith wanting to leave the date open-ended. He also commented that since Mr. Smith is Regular Andover Planning and Zoning Commission Meeting Minutes—April 9, 2019 Page 10 1 going to make money by selling the homes, it is in his best interest to get this done as 2 quickly as possible, whether it happens this year or partially next year, based on weather 3 conditions and so on, but did not believe it would take five years. He also stated an end 4 date could be established that is shorter than five years, but the Planning and Zoning 5 Commission has been burned on that before. 6 7 Commissioner Daninger stated Mr. Smith had been in front of the Commission before and 8 he believed Mr. Smith followed the Resolutions pretty well before. He asked if, in the 9 City's opinion, Mr. Smith followed the prior Resolutions adequately. Community 10 Development Director Janish responded in the affirmative. 11 12 Commissioner Daninger stated he is not worried about an end date of five years but is more 13 focused on the volume amount. He stated history indicates the applicant has done a good 14 job and he is comfortable enough with the volume to make a recommendation of approval. 15 16 Chairperson Koehler asked whether the City does an inspection to make sure hydroseeding 17 is done, if a neighbor calls the City before they inspect, or how the City knows the condition 18 has been met. Community Development Director Janish stated both scenarios can occur. 19 He stated that with the IUP, City Staff has the ability to go onsite and examine the 20 hydroseeding and can also examine silt fencing and do other types of inspection. He stated 21 they also respond to complaints, including if there's material on the roadway. He cited an 22 example from an earlier project where he contacted Mr. Smith to get a roadway cleaned up 23 after a complaint was made, and Mr. Smith responded that he'd call to get the roadway 24 cleaned up. He added the City needs to be aware of a problem in order to rectify a problem. 25 26 Chairperson Koehler commented that if there are any concerns with this situation, residents 27 should call City Hall and talk to them about it, as Mr. Smith has been very responsive in 28 the past and the expectation is that he will continue to be. He stated, once notified, City 29 Hall will call Mr. Smith and get things cleaned up to the letter of this permit. 30 31 Commissioner Hudson asked how people know when the 60,000 number is met or 32 achieved. Community Development Director Janish stated Engineering has looked at the 33 plan submitted to see how much fill is required. He stated that as part of the project the 34 contractor keeps track of the number of vehicles that are leaving the site and that is 35 available for City inspection as well, so monitoring takes place in that way. 36 37 Motion by VanderLaan, seconded by Loehlein, to recommend to the City Council approval 38 of granting an Interim Use Permit for land reclamation to store/grade up to 60,000 cubic 39 yards of excess dirt from the Catcher's Creek East development. Motion carried on a 7- 40 ayes, 0 -nays, 0 -absent vote. 41 42 Community Development Director Janish stated that this item would be before the Council 43 at the May 7, 2019 City Council meeting. 44 Regular Andover Planning and Zoning Commission Meeting Minutes —April 9, 2019 Page 11 1 PUBLIC HEARING: Preliminary Plat — Catcher's Creek West —1049 Andover Blvd. 2 NW — Mark Smith 3 4 City Planner Hanson presented the Catcher's Creek West preliminary plat comprised of 5 nine urban lots located at 1049 Andover Boulevard NW with the aid of a directional map 6 and description of the subject property. It was noted the property is located within the 2020 7 Municipal Urban Service Area (MUSA) boundary and City services are available. She 8 noted the property is zoned Single Family Rural Residential (R-1) so a rezoning to Single 9 Family Urban Residential (R-4) will be necessary as the project moves forward and will 10 be done prior to the final plat. She stated access to this property is proposed from Andover 11 Boulevard, and the Anoka County Highway Department has reviewed the plat and City 12 Staff received the comments. 13 14 City Planner Hanson described Anoka County's requirements as part of this development. 15 She stated that at this time there is going to be an interim full access with construction of a 16 westbound lane on Andover Boulevard, and in the future the proposed access will be a 17 right -in and right -out access when Andover Boulevard is improved. She stated municipal 18 water and sewer utilities are there to serve the property, and the gross density of the lots 19 meets the requirements of the City Code and the Andover Comprehensive Plan. She said 20 that in the R-4 areas it is required to have 1.75 to 3.6 homes per acre, and the proposed plan 21 will meet that with 1.87 homes per acre. There are some wetlands on the preliminary plat 22 that have been delineated. She said Coon Creek Watershed District has also reviewed the 23 preliminary plans, and the developer will be required to address all the comments prior to 24 site work. One of the City's comments indicates significant changes may be required in 25 regard to infiltration on the site but it will not affect layout of the lots; therefore, City Staff, 26 including Engineering, has no issues with that comment. The developer, Engineers, and 27 Watershed District will continue to address that issue as part of the grading plan of the site. 28 She also stated the Park and Recreation Commission reviewed this in August 2018 and are 29 recommending cash -in -lieu of land. She pointed out the existing trail on the south side of 30 Andover Boulevard and stated there will be no more trails connected in the area. She 31 requested the Commission to review the preliminary plat, hold a public hearing, and make 32 a recommendation to City Council. 33 34 Commissioner Sims stated he only had a Resolution for approval in his packet and asked 35 whether there should be both an approval and denial included. City Planner Hanson 36 answered that is typically the case but this application meets all the standards of the City 37 Code so Staff is recommending approval. Chairperson Koehler added if the Commission 38 does recommend denial, good reasons would need to be given because every item on City 39 Code has been met. 40 41 Commissioner Sims stated he understood an earlier comment to say the Code would need 42 to be changed because it doesn't currently meet the Code. City Planner Hanson clarified 43 that it meets the Code but it does not meet the Zoning, because anything within the 44 municipal urban service area that isn't developed is zoned as rural residential and, as 45 developments come in, they are rezoned to R-4 for urban development. Regular Andover Planning and Zoning Commission Meeting Minutes —April 9, 2019 Page 12 2 Chairperson Koehler asked whether this matches the Comprehensive Plan. City Planner 3 Hanson answered that it meets both the existing and the updated plan. 4 5 Commissioner Daninger asked whether the County is comfortable with just adding a right 6 lane at this time, with future plans of a right -in and right -out. City Planner Hanson 7 confirmed that the County is comfortable with their recommendation. 8 9 Commissioner Daninger asked if a line could be added stating R-4 zoning needs to be 10 approved as part of the Resolution. City Planner Hanson agreed and recommended adding 11 a condition to the Resolution to that effect. 12 13 Commissioner Loehlein asked if the County Highway Department will require the entrance 14 from Vale Street to Andover Boulevard to be closed off and a cul-de-sac constructed when 15 development continues to the north and west. Community Development Director Janish 16 stated there were conversations related to that and the County indicated if the developer 17 installs the right -hand -turn lane as this development moves forward, it will remain a right - 18 in, right -out onto Andover Boulevard in the future. The County is comfortable with it not 19 being a future cul-de-sac as long as the developer provides for the right -hand -turn lane 20 entering into the development at this time. 21 22 Motion by Daninger, seconded by Hudson, to open the public hearing at 8:07 p.m. Motion 23 carried on a 7 -ayes, 0 -nays, 0 -absent vote. 24 25 Joe Krekelberg, 6282 West Shadow Lake Drive, Lino Lakes, one of the members of the 26 Holasek family, who own land to the north and west of the subject property, stated he does 27 not know when the family may want to develop the rest of the property (1-20 years might 28 be accurate). He stated he has no concerns with the development but asked whether the lot 29 configuration is amenable to future development and asked for City Staff's perspective 30 regarding future development. He also asked what decisions are being made to move the 31 sewer across Andover Boulevard, how much development could be serviced by that in the 32 future to the north and west. He wanted assurance that the City is thinking about that and 33 making long-term decisions versus short-term and is interested in any other infrastructure 34 the City is planning. 35 36 Commissioner VanderLaan asked if the location of the little schoolhouse was at 1157 on 37 the Andover General Mapping Map. City Planner Hanson was unsure of the location. 38 39 Sharon Hastings, 1211 Andover Boulevard, indicated on the Andover General Mapping 40 Map where the schoolhouse stood, is currently where a well is located, at the intersection 41 of Xeon Street and Andover Boulevard. Commissioner VanderLaan asked if the location 42 was at 1157 on the map; Ms. Hastings confirmed that was the location. 43 Regular Andover Planning and Zoning Commission Meeting Minutes —April 9, 2019 Page 13 1 Mark Smith, in response to concerns from Mr. Krekelberg, stated he has a ghost plat which 2 shows how things would flow into the Holasek property, there's definitely a connection to 3 the property, although he did not have the ghost plat on hand. 4 5 Mark Smith stated there's sewer on Vale and there's also three sewer stubs that come off 6 of Bluebird and butt up to the Hastings property, so there will be other ways for sewer to 7 serve the property. He stated that with his project they are able to do gravity but the Holasek 8 property may need lift stations because of the elevation on that property. He also stated 9 water table elevations have changed; now the houses have to be higher than 20 years ago. to 11 Chairperson Koehler confirmed that's why fill is needed. Mr. Smith stated he has 20,000 12 yards of fill going to the site to raise the property up because of water table requirements, 13 which have changed. Chairperson Koehler thanked Mr. Smith for taking all the input from 14 the citizens in the past and stated it was nice to see someone who genuinely cares about 15 citizen feedback. 16 17 Motion by Loehlein, seconded by Hudson, to close the public hearing at 8:16 p.m. Motion 18 carried on a 7 -ayes, 0 -nays, 0 -absent vote. 19 20 Chairperson Koehler made a request of City Staff to find and deliver the ghost plat to the 21 family so the family can see how the Holasek property might be developed. He 22 recommended the family give feedback to City Hall regarding any concerns they may have. 23 He also commented that Mr. Law, Assistant City Engineer with the City, has done an 24 extensive amount of work with the sewer system and felt Mr. Law would ensure there's 25 capacity for further development. He encouraged the family to ask City Hall, specifically 26 Mr. Law, if they wanted confirmation before the issue goes before City Council. 27 28 Commissioner Daninger noted he was very concerned about the intersection because the 29 road speed is 50 miles an hour, the speed probably won't change there, so that needs to be 30 carefully looked at. He also stated the Commissioners exercise due diligence when 31 developing and the intent is to develop so you can have a continuation and it's also part of 32 the 20- and 40 -year plan. He reiterated that the plat has a lot of rules and regulations which 33 weren't discussed because the applicant has followed all the rules. He also respectfully 34 stated Winslow Holasek spent a lot of evenings at meetings and exercised due diligence on 35 his projects and did a lot of good things for the family. 36 37 Commissioner VanderLaan asked for guidance from City Staff on how to phrase the 38 amendment on the Resolution approving to note the rezoning to R-4. City Planner Hanson 39 stated Staff is proposing to add Condition 7, stating the property must be rezoned to R-4 40 prior to the approval of the final plat. She stated typically rezoning occurs at the time of 41 the preliminary plat but that it was overlooked by Staff. 42 43 Motion by Loehlein, seconded by Daninger, to recommend to the City Council approval 44 of the Catcher's Creek West preliminary plat with the additional seventh condition as stated 45 by City Planner Hanson regarding the rezoning. Regular Andover Planning and Zoning Commission Meeting Minutes —April 9, 2019 Page 14 2 Commissioner Sims expressed concern about the absence of a ghost plat showing how this 3 development would match the land to the north and the west. Chairperson Koehler stated 4 he thought the Commission did see the ghost plat in the past. 5 6 City Planner Hanson stated the ghost plat was presented at the time of the sketch plan 7 shown on this property. She displayed the Andover General Mapping Map and Catcher's 8 Creek West Map and described the road going through the development to the west, 9 showing how the road will connect to Xeon with stub roads and lots. 10 11 Community Development Director Janish added that when you look at the preliminary plat, 12 you can see there's wetlands in the northeast corner, so running a roadway parallel to the 13 railroad tracks isn't possible or feasible due to the wetlands location. City Planner Hanson 14 added there are floodplains located along the railroad tracks in the area as well. 15 16 Commissioner Loehlein stated he remembered seeing the ghost plat but it is helpful to have 17 them in these discussions. Chairperson Koehler agreed and stated the same comment came 18 from one of the citizens. 19 20 Motion carried on a 7 -ayes, 0 -nays, 0 -absent vote. 21 22 City Planner Hanson stated that this item would be before the Council at the May 7, 2019 23 City Council meeting. 24 25 OTHER BUSINESS 26 27 City Planner Hanson reviewed City Council action taken on April 2, 2019 related to 28 planning cases: The Estates at Cedar Ridge and the Preliminary Plat for Catcher's Creek 29 East were approved by City Council. They will move forward for final platting. 30 31 ADJOURNMENT 32 33 Motion by VanderLaan, seconded by Godfrey, to adjourn the meeting at 8:26 p.m. Motion 34 carried on a 7 -ayes, 0 -nays, 0 -absent vote. 35 36 Respectfully Submitted, 37 38 39 40 Ruth Holdvogt, Recording Secretary 41 TimeSaver Off Site Secretarial, Inc. 42 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV TO: Planning and Zoning Commissioners FROM: Joe Janish, Community Development Director SUBJECT: PUBLIC HEARING: Variance Request — Side Yard Setback — 2384 1515 Ave NW — Kevin & Tara Koschak DATE: April 23, 2019 INTRODUCTION The property owners/applicants submitted a variance request for their property located at 2384 1515 Ave NW. The variance request would allow for the applicant to provide for an addition above the existing garage that is located 6 feet from the property line. DISCUSSION Variance Review City Code allows for the attached garage of a home to be 6 feet from the property line. The home side (principal structure) is required to be 10 feet from the property line. Review of the definitions reveal the garage (even if attached) is considered an accessory. The living quarters and associated space is considered the principal structure. Therefore to construct living space above the existing garage 6 feet from the property line would require a four foot variance. 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. • The applicant is looking to add additional living space to his home above his existing garage. • Expansion of the home above the garage would allow the applicant to utilize the existing footings for the garage. 2. The plight of the property owner is due to circumstances unique to the property not created by the landowner. • The current home is located on a corner lot. • The corner lot has a larger setback of 35 feet from the property line adjacent to street vs an interior lot of 10 feet for the principal structure. • The property owner acquired the property in 2008, while the home received a Certificate of Occupancy in August 2001. • The current floorplan was created in 2001; at time of construction of the home. 3. The variance, if granted, will not alter the essential character of the locality and will not alter the rural residential character. 0 The applicant has indicated that this addition will enhance the property. • The applicant has indicated the addition will alter the home to be more in line with all the newer homes just north of their residence on Verdin St from an exterior appearance standpoint. • The proposed addition is located within the urban portion of the community. • The property is zoned R-4, Single Family Urban. • The neighbors garage is currently 6 feet from the property line. 4. Economic considerations alone do not constitute practical difficulties. • If the variance is not granted, the applicant has indicated due to the corner lot another location is difficult to blend in with the existing floorplan. • The applicant has indicated the variance would allow for the use of the existing footings of the garage vs. installing new footings. • The applicant has indicated the proposed addition allows for the logical use of the existing floorplan. • It may be cheaper to add onto the home in a different location. Andover Review Committee (ARC) ARC discussed the variance proposal. There were no comments shared at the time. NEXT STEP This item will be heard at the May 7, 2019 City Council meeting. If the variance is granted, the applicant will be required to obtain a building permit. ACTION REQUESTED The Planning and Zoning Commission is asked to hold a public hearing for the variance request, compare the variance request with the review criteria of City Code 12-14-7 and make a recommendation of approval or denial based on findings of fact to the City Council. Staff drafted resolutions with potential findings of fact the Commission may want to consider when recommending approval. If the Planning and Zoning Commission decides the variance does not meet the requirements of a variance and desires to recommend denial of the variance request, staff will assist with drafting a proposed resolution of denial. If City Council approves the Variance requests, then the applicant will work with staff to begin the building permit process. Attachments Draft Resolution of Approval Blank Resolution of Denial (staff would assist with filling in the "blanks") Location Map Photos/Pictometry Photos Applicant's Letter City Code 12-14-7 Zoning Code Review Criteria esp ct ly jbtted, Joe Janish Community Development Director Cc: Kevin and Tara Koschak 2384 151st Ave NW Andover MN 55304 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO XXX A RESOLUTION APPROVING A VARIANCE FOR PROPERTY LEGALLY DESCRIBED AS: Lot 1, Block 4, Woodland Estates Second Addition WHEREAS, the applicant has requested approval of variance to reduce the ten foot (10') minimum setback for the principal structure to six feet (6') to expand the principal structure above the garage area. WHEREAS, the Andover Review Committee has reviewed the variance request; and WHEREAS, pursuant to published and mailed notice thereof, the Planning and Zoning Commission has conducted a public hearing on said variances; and WHEREAS, as a result of such public hearing, the Planning and Zoning Commission recommended gp_proval of the variance; and WHEREAS, City Council completed a review of the variance, along with Planning and Zoning Commission recommendation; and WHEREAS, City Council approves the variance to reduce the ten foot (10') minimum setback for the principal structure to six feet (6') to expand the principal structure above the garage area; and WHEREAS, based on the criteria for granting a variance under City Code 12-14-713, City Council finds the following findings of fact to support the approval of the variance requests: The property owner proposed to use the property in a reasonable manner not permitted by an official control. • The applicant is looking to add additional living space to his home above his existing garage. • Expansion of the home above the garage would allow the applicant to utilize the existing footings for the garage. 2. The plight of the property owner is due to circumstances unique to the property not created by the landowner. • The current home is located on a corner lot. • The corner lot has a larger setback of 35 feet from the property line adjacent to street vs an interior lot of 10 feet for the principal structure. • The property owner acquired the property in 2008, while the home received a Certificate of Occupancy in August 2001. • The current floorplan was created in 2001; at time of construction of the home. 3. The variance, if granted, will not alter the essential character of the locality and will not alter the rural residential character. • The applicant has indicated that this addition will enhance the property. • The applicant has indicated the addition will alter the home to be more in line with all the newer homes just north of their residence on Verdin St from an exterior appearance standpoint. • The proposed addition is located within the urban portion of the community. • The property is zoned R-4, Single Family Urban. • The neighbors garage is currently 6 feet from the property line. 4. Economic considerations alone do not constitute practical difficulties. • If the variance is not granted, the applicant has indicated due to the corner lot another location is difficult to blend in with the existing floorplan. • The applicant has indicated the variance would allow for the use of the existing footings of the garage vs. installing new footings. • The applicant has indicated the proposed addition allows for the logical use of the existing floorplan. • It may be cheaper to add onto the home in a different location. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby approves the variances with the following conditions: 1. All appropriate permits shall be obtained prior to commencement of the work. 2. The addition above the garage shall be completed within one year of the approval of the variances. Variance approvals will be invalid after such time. Adopted by the City Council of the City of Andover this 7 1 day of May, 2019. CITY OF ANDOVER Michelle Hartner, City Clerk Julie Trude, Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA A RESOLUTION DENYING VARIANCES FOR PROPERTY LEGALLY DESCRIBED: Lot 1, Block 4, Woodland Estates Second Addition WHEREAS, the applicant has requested approval of variance to reduce the ten foot (10') minimum setback for the principal structure to six feet (6') to expand the principal structure above the garage area. WHEREAS, pursuant to published and mailed notice thereof, the Planning and Zoning Commission has conducted a public hearing on said variance; and WHEREAS, as a result of such public hearing, the Planning and Zoning Commission recommended denial of the variance; and WHEREAS, City Council completed a review of the variance, along with Planning and Zoning Commission recommendation; and WHEREAS, City Council denies the variance to reduce the ten foot (10') minimum setback for the principal structure to six feet (6') to expand the principal structure above the garage area; and WHEREAS, based on the criteria for granting a variance under City Code 12-14-713 and 12-5-4, City Council finds the following findings of fact to support the denial of the variance request: 1. BECAUSE, NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby denies the variance request to reduce the ten foot (10) minimum setback for the principal structure to six feet (6') to expand the principal structure above the garage area. Adopted by the City Council of the City of Andover this 7t' day of May, 2019. ATTEST CITY OF ANDOVER Michelle Hartner, City Clerk Julie Trude, Mayor Location Map Z l l i ' i(ll 2 if) i 1 i_' �` 1+021 , I sr V Applicants Home Located at 2384 1515' Ave NW Andover, MN s�tr x e iK»Yic Tui eoaen cN w�mU� Milt MM ° LLLVATION V& c c na aa> iMYF MCtl . wm ...... � f I c. NN 4 RE( MAR ITY OF a a A LOW* �"' •^!rte �a a �._� ,^ � @;"� ''yam 4d& •—mac. - - ",�'._.., ;. IOU Kevin & Tara Koschak 2384151St Ave NW Andover, MN 55304 Lot 1 Block 4 Woodland Estates 2nd Addition 612-750-9769 04/15/19 City of Andover Planning and Zoning Commission 1685 Crosstown Blvd. NW Andover, MN 55304 763-755-5100 Variance Request City of Andover Planning and Zoning Commission, The intent of this letter is to address the review criteria of City Code 12-14-7 in order to grant a variance to construct living space 6 feet from the garage side property line of the address listed above, where the code indicates 10 feet is required. The request is for a4' variance on the garage side property line. We are planning an upper level addition to our home where we desire to create living space above the existing attached garage that is currently located 6 feet from the garage side property line. The goal of our proposed project is to create a 4th bedroom with a junior bath suite upstairs on our current 2 Story home. This bedroom will allow our three young children to all have separate bedrooms on one level. The space will be constructed following all proper building and construction codes. The 4' variance is key to our space as losing that will not allow us to meet the goals of the project, rendering it non -desirable in regards to expenses incurred. We are unable to expand in any other direction on our current home, other than up, over the garage area. We live on the corner of Uplander and 151St Ave NW. City code does not allow us to expand our house East toward Uplander, as we are already at the current 35' side setback for fronting a public street. An expansion out the back of our house, to the South, is financially unreasonable. We only intend to add liveable space to the upper level of our home, on footings and walls already approved and constructed. We have no intention of putting a below grade, and main level addition on our home in order to build up to the upper level. An addition to the upper level can be achieved using EXISTING footings and walls by building over the garage area. The addition plan, will in no way change the footprint of the home. All footages added to the property will occur on the upper level, and no below grade modification or additions will be necessary. The alteration and addition over the existing garage, including the 4' variance requested will ENHANCE the appearance of the home. It will alter the home to be more in line with all the newer homes (built in 2008 and newer just north our residence on Verdin St.) from an exterior appearance standpoint. This project will continue to enhance and raise property values in an already high value neighborhood in the City of Andover. We appreciate your time and consideration, 'Z --7-44, Kevin & Tara Koschak 12-14-7: VARIANCES: A. Variances Authorized: 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. 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. (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 12-14-5. 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. (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. S, 10-21-1970)