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HomeMy WebLinkAboutSeptember 13, 2004 c) Ü (J ~NDbVÉ~ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US Andover Planning and Zoning Commission Meeting Agenda Monday, September 13,2004 Andover City Hall Council Chambers 7:00 D.m. I. Call to Order 2. Approval of Minutes - August 24,2004 3. Variance (04-07) to vary from the buildable area requirements of City Code 12-2 for property located at 826 138th Avenue NW. 4. PUBLIC HEARING: Comprehensive Plan Amendment (04-02) to change C) the land use designation from Urban Residential High Density (URH) and General Commercial (GB) to Urban Residential Medium Density (URM) for property located in Section 34, Township 32, Range 24, Anoka County, Minnesota. 5. Other Business 6. Adjournment () - (ì C I T Y o F NDOVE ~) PLANNING AND ZONING COMMISSION MEETING - SEPTEMBER 13, 2004 The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Acting Chairperson Kirchoff on September 13,2004, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Commissioners Tim Kirchoff, Tony Gamache, Rex Greenwald, Dean Vatne and Michael Casey. Commissioners absent: Chairperson Daninger, Commissioner Jonathan Jasper. Also present: City Planner, Courtney Bednarz Associate Planner, Andy Cross Others /- '\~ '"J APPRO V AL OF MINUTES. August 24, 2004 Motion by Casey, seconded by Greenwald, to approve the minutes as presented. Motion carried on a 2-ayes, O-nays, 3-present (Vatne, Gamache, Kirchoff), 2-absent (Daninger, Jasper) vote. VARIANCE (04-07) TO VARY FROM THE BUILDABLE AREA REQUIREMENTS OF CITY CODE 12-2 FOR PROPERTY LOCATED AT 826 138TH A VENUE NW. Mr. Cross explained that Mr. Gary Eskuii. has applied for a variance to the City Code's minimum lot size requirements for an outlot adjacent to his property in the Hills of Bunker Lake subdivision. Mr. Cross discussed the information with the Commission. Mr. Cross stated he received an email from Ms. Kim Schultz who lives next to the applicant and she indicated her chief concern with development on her property is the increased water on her property if the property is developed. Mr. Cross reassured her that - '\ / " .J - 0 () Regular Andover Planning and Zoning Commission Meeting Minutes - September 13, 2004 , ." Page 2 , ) even if the property is developed, they would need to make sure no increased run off would occur on the neighboring property. Commissioner Gamache noted this was referred to as an outlot, he asked for an explanation regarding this. Mr. Cross explained when the neighborhood was developed, the plat indicated that it was an outlot along with the lot next to it. Commissioner Gamache wondered how the applicant was able to previously build on the other outlot when both properties were considered unbuildable. Mr. Bednarz explained the other lot went through a similar process except they vacated the drainage utility easement that sits over the lot and they graded storm water retention on the lot for the existing house. The difference between the two lots is the lot requesting the variance has wetlands. Commissioner Greenwald asked if this was a natural wetland. Mr. Cross stated it was. Commissioner Greenwald asked what it would take to fill the wetland in and where is the nearest wetland. Would they have to change the wetland or would it all be moved elsewhere. Mr. Cross stated the wetland could not be filled in or removed. Commissioner Greenwald wondered if the wetland could be moved around on the ,- "-, property to allow the property to be build-able without a variance. 0 Acting Chairperson Kirchoff asked if this would require a two for one trade. Mr. Cross stated it would. They would need to replace twice the amount of wetland on the property. Commissioner Gamache wondered if the area surrounding the pond was a drainage or utility easement. Mr. Gary Eskuri stated it was wetlands until they had it delineated. Commissioner Gamache had a concern regarding the letter they received. He stated the letter indicated there was a sump pump out in the wetland moving the water out of the low area. Mr. Eskuri stated there is a sump pump there because a few years ago when there was a lot of rain, the water started to move towards his swing set and the neighbors property and he used the sump pump to stop that. --- Commissioner Gamache stated if there is a house built there, water could go into the basement. Mr. Eskuri showed on the map the area where the water was moving to and he did not think water would be a problem. Mr. Cross reviewed the standard lot and proposed lot with wetland with the Commission. Commissioner Vatne stated his position is tied back to the core definition ofthe variance, meeting hardship. He did not see anyway around this. Commissioner Gamache ;' '\ concurred. He stated this lot was an outlot and when it was purchased, it was still \~-~ considered an outlot and he did not think it was considered a build-able lot at this time. 0 () Regular Andover Planning and Zoning Commission Meeting Minutes - September 13, 2004 ;' -,,\ Page 3 ¡ \J Commissioner Casey stated he could not fmd any hardship to grant this variance. Motion by Gamache, seconded by Casey, to recommend to the City Council denial of Resolution No. _, denying the variance to vary the build-able area requirements of City Code 12-2 for property located at 826 138th Avenue NW. Mr. Eskuri passed out a letter to the Commission. He stated the Coon Creek Watershed District will not be able to relocate or adjust the wetland, in order to do anything else, there has to be a public hazard, it would have to be a health and safety hazard to the public in order to move the wetland. Commissioner Greenwald stated it was very hard to approve a variance on something like this without setting a precedent. Motion carried on as-ayes, O-nays, 2-absent (Daninger, Jasper) vote. Mr. Bednarz stated that this item would be before the Council at the September 21,2004 City Council meeting. f- '. PUBLIC HEARING: COMPREHENSIVE PLAN AMENDMENT (04-03) TO <--.J CHANGE THE LAND USE DESIGNATION FROM URBAN RESIDENTIAL HIGH DENSITY (URH) AND GENERAL COMMERCIAL (GB) TO URBAN RESIDENTIAL MEDIUM DENSITY (URM) FOR PROPERTY LOCATED IN SECTION 34, TOWNSHIP 32, RANGE 24, ANOKA COUNTY, MINNESOTA. Mr. Cross explained that a 26-acre section of Andover Station North currently has two Land Use Designations: Urban Residential High (URH) and General Commercial (GC). The Land Use Designation needs to be changed to Medium-Density Residential (URM). Mr. Cross discussed the staff report with the Commission. Acting Chairperson Kirchoff asked if there was a road going through to the development to the west. Mr. Cross stated there was not. Acting Chairperson Kirchoff asked on commercially zoned land, would they need to rezone to residential to build residential on the land. Mr. Cross stated they would. Commissioner Greenwald asked if by reducing this from high density to medium density, they will be moving high density elsewhere. Mr. Cross stated they would not. Commissioner Gamache asked if the Met Council will require them to put high density ,~,) elsewhere in the City if they reduce this property count. Mr. Cross stated they would not. Regular Andover Planni£nd Zoning Commission Meeting ~) (, Minutes - September 13, 2004 Page 4 I /-- '>.~ ',J Motion by Greenwald, seconded by Gamache, to open the public hearing at 7:31 p.m. Motion carried on as-ayes, O-nays, 2-absent (Daninger, Jasper) vote. Ms. Pat Skogberg, 13808 Nightingale stated she objected to this amount of homes in the area. She stated there will be a lot of complaints for noise in the area. She thought the homes would be very close to wetlands and drainage ponds. She suggested the concept needed to be looked at again. She would like to see low density housing in the area. Ms. Teri Wagner, 13839 Nightingale stated she was concerned about the trail on 139th and hoped a road would not eventually go through because that would make for too much traffic. Mr. Charles Bonnen, 13819 Nightingale Street, stated down zoning is good in itself but they are also increasing the area. He stated they get a lot of noise from Pov's where they live but by opening up the area with homes will increase the noise for everyone. Acting Chairperson Kirchoff asked Mr. Bonnen if he would prefer this to all remain commercial. Mr. Bonnen stated he was not sure. He would need to see what would be allowed to go in the area. Mr. Bonnen stated his concern is with the number of families moving in and how this ~"" will affect his neighborhood. He thought it might be better as commercial. , , , .~ Motion by Gamache, seconded by Greenwald, to close the public hearing at 7:40 p.m. Motion carried on as-ayes, O-nays, 2-absent (Daninger, Jasper) vote. Commissioner Greenwald asked if the cul-de-sac on 139th will be completely closed off and made into a trail. Mr. Bednarz stated it would happen that way. He stated in all of the meetings he has been at with developers, they have all been consistent that they do not want to open up the street. Commissioner Vatne stated he was glad to see people from the neighborhood coming out to voice their opinions in the early stage. He stated they could see commercial coming in on the north and south side of the development. He stated a developer tries to make as much of the space as possible so fÌ"om a buffering stand point, he thought it would be welcome to have residential homes as a buffer between the residential on Nightingale and the commercial. He stated he was in favor of the change that is proposed. Motion by Gamache, seconded by Casey, to recommend to the City Council approval of Resolution No. _, approving the Comprehensive Plan Amendment as proposed by Staff. Motion carried on a 5-ayes, O-nays, 2-absent (Daninger, Jasper) vote. Mr. Bednarz stated that this item would be before the Council at the September 21, 2004 /-''\ City Council meeting. '-J - r-, () Regular Andover Plannin'g{md Zoning Commission Meeting -- Minutes - September 13, 2004 Page 5 ( -. j OTHER BUSINESS. Mr. Bednarz updated the Planning Commission on related items. ADJOURNMENT. Motion by Gamache, seconded by Casey, to adjourn the meeting at 7:45 p.m. Motion carried on as-ayes, O-nays, 2-absent (Daninger, Jasper) vote. Respectfully Submitted, Sue Osbeck, Recording Secretary TimeSaver Off Site Secretarial, Inc. ;~ .. , '\ '- i -J