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HomeMy WebLinkAboutJuly 13, 2004 u u 0 ~NDbVË~ 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 July 13, 2004 Andover City Hall Council Chambers 7:00 p.m. I. Call to Order 2. Approval of Minutes - June 22, 2004 3. PUBLIC HEARING: Rezoning (04-08) to change the zoning classification from Single Family Rural Residential (R-I) to Sinßle Family Urban Residential (R-4) for property located at 1386 148 Lane NW. 4. PUBLIC HEARING: Lot Split (04-04) to create two urban residential lots (,) from one rural residential lot located at 1386 148th Lane NW. 5. Variance (04-03) to vary from rear yard setback requirement for porch addition on property located at 13943 Wintergreen Street NW. 6. Other Business 7. Adjournment U U Ckr~\ttk aw Lv~Y) 1-lt\-bY / '\ I '-.-J PLANNING AND ZONING COMMISSION MEETING - JULY 13,2004 The Regular Bi-MontWy Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Daninger on July 13,2004, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Chairperson Daninger, Commissioners Tim Kirchoff, Tony Gamache, Rex Greenwald, Dean Vatne, Jonathan Jasper and Michael Casey. Commissioners absent: There were none. Also present: City Planner, Courtney Bednarz Planning Intern, Chris Vrchota Others \ '\. ./ APPROVAL OF MINUTES. June 22, 2004 Motion by Gamache, seconded by Kirchoff, to approve the minutes as presented. Motion carried on as-ayes, O-nays, 2-present (Jasper, Vatne), O-absent vote. PUBLIC HEARING: REZONING (04-08) TO CHANGE THE ZONING CLASSIFICATION FROM SINGLE FAMILY RURAL RESIDENTIAL (R-l) TO SINGLE FAMILY URBAN RESIDENTIAL (R-4) FOR PROPERTY LOCATED AT 1386148TH LANE NW. Mr. Vrchota explained the Planning Commission is asked to review the proposed rezoning to allow the lot split on the property to move forward. Mr. Vrchota discussed the staff report with the Planning Commission. Commissioner Gamache stated Mr. Vrchota stated that when this was originally platted 0 there was discussion that this could and should be rezoned. He wondered if there were any minutes showing those discussions were actually there. Mr. Vrchota stated they do () U Regular Andover Planning and Zoning Commission Meeting Minutes - July 13, 2004 Page 2 / ''\ \-.J have minutes from various Council and Planning Commission meetings from 1986 regarding this plat. The utilities were already getting close to this area when the plat was approved and this portion was approved so that other land could be set aside and developed after the utilities became available. Commissioner Kirchoff asked if other properties wanted to split is the capacity there to serve all of the properties equally. Mr. Bednarz stated there was. Motion by Greenwald, seconded by Gamache, to open the public hearing at 7:08 p.m. Motion carried on a 7-ayes, O-nays, O-absent vote. Mr. Mark Schueller, 14794 Eagle Street, stated there is not any City sewer and water for this lot. He wondered if there would be a problem with this or will there be an issue with the neighbors. He discussed the issue with extending the sewer line down the road. Mr. Bednarz explained the decision made by the Council on July 6th. Chairperson Daninger explained the commission was reviewing the rezoning and lot split and not the design of the utilities. Mr. Myron Gannon, 1452 148th Lane, stated he assumed they were having the meeting to approve the lot split and send it on. The City Council did not approve the lot split last Tuesday. He stated he was not opposed to the lot split as long as the applicant carried all c.J of the costs to run the sewer and water down the road and reconstructing the road the way it is. He stated he was definitely opposed to tearing all the streets up and running utilities for the entire neighborhood at this time. It is not necessary and a cost for the other residents that do not need to be included at this time. Mr. Winslow Holasek, 1159 Andover Blvd, stated the Commission made the comment that they are going to decide if they were going to approve the lot split and rezoning or not but they have to take into consideration the sewer study plan. He stated the sewer is deeper than twenty feet. Mr. Bednarz stated the utility extension to serve the new lot would be designed by the Engineering Department. This would come following the approval of the lot split. Mr. Holasek showed the area on the map and discussed the sewer stub and the connections needed. He thought they should be discussing the sewer extensions before this is approved. He stated he is not opposed to the lot split or rezoning but if this is approved and there is a pipe installed that water is no problem. Mr. Bednarz stated the City's intent is to design a project that is going to conform to the approved sewer study. Mr. Norman Meiry, 14853 Bluebird, stated this lot provides storm run off for the entire section of 138th Lane so there would need to be some allowance for that. Chairperson Daninger stated anytime subdivision occurs, the drainage cannot affect any other property. , '\ \_) CJ U Regular Andover Planning and Zoning Commission Meeting Minutes - July 13, 2004 Page 3 " ) Motion by Gamache, seconded by Casey, to close the public hearing at 7:24 p.m. Motion carried on a 7 -ayes, O-nays, O-absent vote. Commissioner Jasper stated it was his understanding that under their motion, ifthe road has to be ripped up and replaced and the cost of installing sewer and water would be born by Lot B that has not been hooked up by the utilities. If they do not follow through, then the approval would sunset out. Mr. Bednarz stated that is correct. If the project is completed, the cost will be assessed to Parcel B. If the applicant makes an agreement with the purchaser of the property to pass the costs along, that is the applicant's decision. Commissioner Kirchoff asked if there was a one year sunset. Mr. Bednarz stated that was correct. Commissioner Jasper asked if in paragraph 2 ofthe motion should be changed because it states both lots would be connected to sewer and water and assessments shall be paid but Lot A is already connected so it would be Lot B that would be assessed the fees. Mr. Bednarz stated that was correct. Commissioner Jasper stated this should be changed in the report. Commissioner Jasper asked at what point during this process the street reconstruction is designed. Mr. Bednarz stated when the utility project is designed; they will also have a \ street construction detail that will address the storm water that is in the street now. I ,j Commissioner Jasper asked if the street reconstruction be specifically listed as one of the conditions. Mr. Bednarz stated this could be added to item 2 if the Commission wished. Commissioner Jasper thought the motion should be changed to reflect Lot B to be the one to pay all the fees associated with the connection of the utilities because Lot A has already paid them. Commissioner Gamache stated Lot A is still the property owner and that is the property owner that will be assessed. Commissioner Jasper stated it was his understanding that they do not assess an owner, they assess a lot. Lot A is already connected so if they are going to assess a lot, it needs to be Lot B. Mr. Bednarz stated this was correct. Motion by Gamache, seconded by Kirchoff, to recommend to the City Council approval of Resolution No. _, approving the rezoning request based on the fact that times and conditions have changed. Commissioner Jasper asked if the lot split sunsets, does the rezoning sunset as well or is there any ramification for it not sunsetting. Mr. Bednarz stated the rezoning, if approved by the Council, would take effect. They would not have the ability to split the lot until the lot split is approved. Commissioner Jasper asked if there was any negative affect the property owner of the rezoning if the lot split does not happen. Mr. Bednarz stated the lot split still needs to be approved before anything can be done with the additional lot. \ \ '- J (J U Regular Andover Planning and Zoning Commission Meeting Minutes - July 13, 2004 Page 4 \ ,--,) Commissioner Gamache asked if there were any different tax liabilities on the rezoning. Mr. Bednarz did not want to speak as the County tax appraiser. Commissioner Gamache wondered if they should make the rezoning contingent on or sunsetting with the lot split. Mr. Bednarz did not think this was necessary because if they rezone the property, it will be R -4 instead of R -I but they still only have one lot there until the lot split is approved and the lot split is approved contingent on providing utilities to the property. Commissioner Greenwald stated even though these properties are within the MUSA boundary, they will never force them to connect to utilities. Mr. Bednarz stated this was correct. Motion carried on a 7-ayes, O-nays, O-absent vote. Mr. Bednarz stated that this item would be before the Council at the July 20, 2004 City Council meeting. PUBLIC HEARING: LOT SPLIT (04-04) TO CREATE TWO URBAN RESIDENTIAL LOTS FROM ONE RURAL RESIDENTIAL LOT LOCATED AT 1386 148TH LANE NW. \ Mr. Vrchota explained the property owners are seeking approval of a proposal to divide '..J the subject property (Lot 5, Block 4, Oak Bluff) into two urban residential lots. The existing house and detached garage will remain on one of the lots. Mr. Vrchota discussed the information with the Commission. Commissioner Gamache stated there was mention of a detached garage and he did not see this on the plat. The applicant stated the garage is a three car garage and attached. Commissioner Greenwald asked if the park dedication and lot fee was for both lots. Mr. V rchota stated it was only for Lot B. Motion by Greenwald, seconded by Gamache, to open the public hearing at 7:08 p.m. Motion carried on a 7-ayes, O-nays, O-absent vote. This item was discussed with the above item. Motion by Gamache, seconded by Casey, to close the public hearing at 7:24 p.m. Motion carried on a 7-ayes, O-nays, O-absent vote. Motion by Jasper, seconded by Gamache, to recommend to the City Council approval of Resolution No. _, approving the proposed lot split subject to the conditions listed in '\ the attached resolution, altering paragraph number 2 of the therefore clause of the ) ',_./ Resolution to indicate that "Lot B shall be connected to Municipal Sewer and Water and C) U Regular Andover Planning and Zoning Commission Meeting Minutes - July 13, 2004 Page 5 , \ ) assessments for that connection and any necessary street improvements shall be paid by the applicant as calculated by the City Clerk". Mr. Bednarz stated once the petition comes into the City to build that improvement project, there will be a contract between the property owner and the City that will provide financial security to make sure the project is completed to the Cities requirements. Motion carried on a 7 -ayes, O-nays, O-absent vote. Mr. Bednarz stated that this item would be before the Council at the July 20, 2004 City Council meeting. VARIANCE (04-03) TO VARY FROM REAR YARD SETBACK REQUIREMENT FOR PORCH ADDITION ON PROPERTY LOCATED AT 13943 WINTERGREEN STREET NW. Mr. Bednarz explained the applicant is requesting a 5-foot variance to the rear yard setback requirement to allow the construction of a 14x14 sun porch, which would replace an existing deck. The 14xl4 size was based on the survey that was on file. The property ,/ '\ pins were located as a condition of the building permit review, and it was determined that '-j the survey on file is not accurate. The rear of the home is actually 5 feet closer to the rear property line than reflected on the survey. Mr. Bednarz discussed the staff report with the Commission. Commissioner Greenwald thought the applicant really did their homework on this to warrant the variance. Commissi oner Kirchoff asked if the neighbors were notified of the variance. Mr. Bednarz stated they were· and he did not receive any correspondence. Commissioner Jasper thought the porch would fit into the neighborhood but he did not see any hardship at all. Commissioner Gamache thought the hardship was that the builder or whoever surveyed the lot surveyed it wrong. The survey that was on file showed there was room for a porch but when it was resurveyed, the house was found to be placed in the wrong spot. Commissioner Jasper stated it was his understanding that when it was bought, there was not an intention to put a porch on the house. Commissioner Gamache thought the hardship was with the discovery of a mistake in surveying. Commissioner Kirchoff thought the builder made a mistake without the owners' knowledge and it was never checked until this came up. \ "~) The Commission discussed the possible hardship. () U Regular Andover Planning and Zoning Commission Meeting Minutes - July 13, 2004 í " Page 6 \ . - ) Commissioner Vatne stated as it stands today, the setup of the deck is in violation. Mr. Bednarz stated it was not. Commissioner Vatne stated he could not find a hardship with this either because the deck is not in violation. Commissioner Vatne stated he needed to have a hardship also. Commissioner Kirchoff stated he was in favor of this because the hardship was not , created by the owner. Commissioner Casey concurred. He stated he saw a hardship created to the owner because the survey was wrong. Commissioner Jasper stated item 4 of the consideration states "economic considers may constitute an undue hardship if reasonable use of the property exists with application of minimum standards of this chapter." A very reasonable use of the property exists; there is a house on it. Commissioner Gamache stated in order to approve the variance; the landowner does not necessarily need to meet every one of the conditions. Mr. Bednarz stated the Council can approve the variance with a majority vote. Commissioner Gamache stated he felt they are meeting some of the criteria in order for it to be considered a hardship. Mr. Bednarz stated the findings are provided as review criteria but a variance does not have to meet all four of the findings. (-- '-, Commissioner Greenwald asked if a builder came in with a survey, does the City check '.....J the survey. Mr. Bednarz stated the do, since 1995 the City has required the surveys be certified by the surveyor. Commissioner Greenwald stated it was obvious that this was not checked and in his opinion he would expect a survey to be accurate and that the City who issued the permit would check the survey so he felt the City was partly the cause of the hardship. The Commission continued to discuss the issues for a hardship in order to approve the VarIance. Motion by Gamache, seconded by Kirchoff, to approve the proposed variance to the rear yard setback. Motion carried on a 5-ayes, 2-nays (Jasper, Vatne), O-absent vote. Mr. Bednarz stated that this item would be before the Council at the July 20, 2004 City Council meeting. OTHER BUSINESS. Mr. Bednarz updated the Planning Commission on related items. r \ ,-J l) (j Regular Andover Planning and Zoning Commission Meeting Minutes - July 13, 2004 " Page 7 \ , , ADJOURNMENT. Motion by Kirchoff, seconded by Gamache, to adjourn the meeting at 8:05 p.m. Motion carried on a 7 -ayes, O-nays, O-absent vote. Respectfully Submitted, Sue Osbeck, Recording Secretary TimeSaver Off Site Secretarial, Inc. , ; " t ) '- , ."