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HomeMy WebLinkAboutNovember 12, 2003 ,...-,) () é.ß'ìJu.L:b CA.A:u ~NDÒVE~~ ~Uì I )-~ 5-63 / " '\ ) 1685 CROSSTOWN BOULEVARD N.W, . ANDOVER, MINNESOTA 55304 . (763) 755-5100 -_/ FAX (763) 755-8923. WWW,CI.ANDOVER,MN.US PLANNING AND ZONING COMMISSION MEETING - NOVEMBER 12, 2003 The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Daninger on November 12, 2003, 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, and Jonathan Jasper. Commissioners absent: Commissioner Michael Casey. Also present: City Planner, Courtney Bednarz Associate Planner, Andy Cross Others .'~\ '-J APPRO V AL OF MINUTES. October 14, 2003 Motion by Kirchoff, seconded by Gamache, to approve the minutes as presented. Motion carried on a 6-ayes, O-nays, I-absent (Casey) vote. PUBLIC HEARING: CONDITIONAL USE PERMIT (03-13) FOR A TWO FAMILY HOME CONVERSION AT 2525/2527 138TH A VENUE NW. Mr. Bednarz explained that the applicant is proposing to create a separate property for each side of the existing twinhouse. The applicant will also be participating in the City's CDBG Rental Rehabilitation Program which offers low interest loans to assist in the renovation of rental properties. Mr. Bednarz discussed the information with the Commission. Commissioner Kirchoff asked if fifty percent for damage was for the entire unit or for each unit. Mr. Bednarz stated each unit would be considered separately. / " ) '-.I Regular Andover Plann[.)and Zoning Commission Meeting 0 Minutes - November 12, 2003 Page 2 I \ Commissioner Kirchoff asked if currently this was two units for rent. Mr. Bednarz stated " _J that was correct. Commissioner Greenwald asked if they will be able to build a garage within the guidelines. Mr. Bednarz stated the garage could go behind the principle structure or they ; could construct a single stall garage where the blacktop is but it might be a tight fit. Commissioner Kirchoff asked if there was a problem with the garages going in the backyard. Mr. Bednarz stated there is plenty of room in the backyards. Commissioner Vatne asked if the applicant was aware of the investment and the costs associated with it. The applicant said he was. Commissioner Kirchoff stated he noticed the party wall agreement required exterior maintenance. What is the recourse to enforce something replacement. Mr. Bednarz stated typically the party wall agreements structure a process for arbitration if there is a disagreement about anything that is covered. Hopefully the owners could come to some agreement when it is time to replace a roof or siding. The City is offering a rental rehabilitation program that consists of a low interest loan to assist in those types of reparrs. - Motion by Greenwald, seconded by Vatne, to open the public hearing at 7:08 p.m. ! \ Motion carried on a 6-ayes, O-nays, I-absent (Casey) vote. \j There was no public input. Motion by Kirchoff, seconded by Gamache, to close the public hearing at 7:09 p.m. Motion carried on a 6-ayes, O-nays, I-absent (Casey) vote. Commissioner Gamache asked under the rental rehabilitation program, did this mean the City is trying to get the rental properties to develop into owner occupied homes. Mr. Bednarz stated that was not necessarily the case. The money is available to rental properties specifically. Motion by Greenwald, seconded by Kirchoff, to recommend to the City Council approval of Resolution No. _, approving the proposed two family home conversion subject to the conditions in the attached resolution. Commissioner Vatne noted there were a number of variances that initially concerned him but the overall significance of being able to separate this overcome the many variances. Motion carried on a 6-ayes, O-nays, I-absent (Casey) vote. Mr. Bednarz stated that this item would be before the Council at the December 2, 2003 - '\ City Council meeting. \~/ Regular Andover PlanniQand Zoning Commission Meeting 0 Minutes - November 12, 2003 Page 3 , \ \__J PUBLIC HEARING: LOT SPLIT (03-04) TO CREATE A NEW RURAL RESIDENTIAL LOT FROM PROPERTY LOCATED AT 1869157TH LANE NW. Mr. Bednarz explained that the applicant is seeking approval to divide the subject property into two single-family rural residential lots. Mr. Bednarz stated the property owner is proposing to split their 6.86 acre double frontage lot. The existing home will keep their access on 157th Lane while the new lot will have access onto Linnet Street where the street ends in a cul-de-sac at the back edge of the property. Mr. Bednarz noted the applicant had applied for a variance to the 160-foot minimum requirement for cul-de-sac lot frontage in the R-l rural residential district. The City Council was advised by the City Attorney that a variance was not necessary at the October 7, 2003 Council meeting. The new lot is in conformance with the minimum lot frontage requirement. Mr. Bednarz discussed the staff report with the Commission. " Commissioner Gamache stated he was a little confused about this item. They are " _J showing a lot split along with a ghost plat, he wondered what was going to happen to the property. Mr. Bednarz stated the ghost plat was showing how the property could be further divided in the future. Commissioner Gamache asked this were to get rezoned later into an R-4, this house would fit in the lot. Mr. Bednarz stated this was correct. He explained the property owner can choose where to place the house on the lot and if interested, staff would work ! with them. The only real requirement is that it faces west within forty-five degrees of where the future street will be. Commissioner Vatne stated since this was looked at the last time, the only change was the revision made to the proposed plat which has the notch out to Linnet Street. Mr. Bednarz stated the shaded area on the plan is the requested road easement and it has the triangular shape to pick up Linnet Street which is a little off of the property line to the west. Commissioner Gamache asked if this did not get rezoned and they put Linnet Street through to 157th. Would this make the property legal non-conforming. Mr. Bednarz agreed that if the road were extended and utilities were not brought in the lot would be non-conforming, but there would not be a reason to bring the road through unless utilities were brought into the area. \ ~I ,--' c) Regular Andover Plann;'n)and Zoning Commission Meeting Minutes - November 12, 2003 Page 6 ;~J Chairperson Daninger asked if there was a bell. Mr. Schraad stated there is a bell but it would only be rung for Sunday services. Motion by Gamache, seconded by Greenwald, to close the public hearing at 7:40 p.m. Motion carried on a 6-ayes, O-nays, I-absent vote. Commissioner Vatne stated they did not hear any specific concerns from homeowners from the east and west side and as the landscape plan is put in place, it will be critical to have a plan for privacy for the neighbors. Commissioner Gamache stated he liked the area because there are a lot of pine trees in the area and he would recommend pine trees to be used for landscaping and screening of the property, especially along South Coon Creek Drive. Commissioner Greenwald asked what the speed limit is on South Coon Creek Drive. Mr. Spadgenske stated the speed limit on each end is thirty and in the middle thirty-five but people go a lot faster. Commissioner Greenwald stated in the resolution one of the things to consider included considering if this would have a detrimental factor to the homeowners and he did not think the church would be detrimental to the neighborhood. ,- \ Chairperson Daninger asked if there will be turn lanes as part of the planning. Mr. \_- / Bednarz stated they are looking to the traffic study to see what will be needed. The project may help the Round Lake intersection warrant a signal. It was a little short when they did the study as part of the County project and hopefully there will be a signal sooner than later. Motion by Gamache, seconded by Vatne, to recommend to the City Council approval of Resolution No. _, approving the proposed church subject to the conditions in the .- attached resolution and as prepared by staff. Commissioner Greenwald stated he highly recommended having the traffic control report for the City Council. Motion carried on a 6-ayes~ O-nays, I-absent (Casey) vote. Mr. Bednarz stated that this item would be before the Council at the December 2, 2003 City Council meeting. Commissioner Greenwald asked if they were going to comment on the finishing material. Chairperson Daninger stated there was not any negative discussion regarding this so he thought it would be fine. 0 Regular Andover PlanniQand Zoning Commission Meeting 0 Minutes - November 12, 2003 Page 7 ,~-) PUBLIC HEARING: CONDITIONAL USE PERMIT (03-11) FOR A DRIVE THROUGH FACILITY FOR W ALGREENS LOCATED AT THE SOUTHEAST CORNER OF BUNKER LAKE BOULEVARD AND QUINN STREET NW. Mr. Bednarz explained that the developer on behalf ofWalgreens has applied for a Conditional Use Permit to allow a drive-thru phannacy. The proposed Walgreens will be located in Andover Station East between Festival Foods and the proposed Target Greatland. Mr. Bednarz discussed the information with the Commission and explained the proposed plan indicates a 15-foot setback for the drive lane at the northwest comer of the building whereas the minimum city standard is 20-feet. He also stated there was no information regarding the lighting under the canopy in the staff report and the Commission may want to discuss the lighting requirements for this. Commissioner Kirchoff asked if the main entrance was on the same side as the drive thru. Mr. Bednarz stated it was not. Commissioner Jasper asked if this Walgreens would look like the one in Coon Rapids. Mr. Bednarz stated it would. ,'\ Commissioner Vatne asked how the drive thru will work. Mr. Eric Johnson, RLK, , í explained how the traffic will flow through the parking lot and drive thru. '---_/ Commissioner Gamache asked if Mr. Johnson knew what the typical trip was through out the day. Mr. Johnson stated he did not have the information with him but Walgreens could provide that. Chairperson Daninger asked if Mr. Johnson would have a problem with the lighting under the canopy. Mr. Johnson stated they will work with the City on this. Motion by Greenwald, seconded by Vatne, to open the public hearing at 7:56 p.m. Motion carried on a 6-ayes, O-nays, I-absent (Casey) vote. There was no public input. Motion by Gamache, seconded by Kirchoff, to close the public hearing at 7:56 p.m. Motion carried on a 6-ayes, O-nays, I-absent (Casey) vote. Motion by Vatne, seconded by Kirchoff, to recommend to the City Council approval of the Conditional Use Permit. Chairperson Daninger asked if they were going to add something in regards to the .- -" lighting under the canopy. Commissioner Greenwald stated he thought they should be U Regular Andover PlannQ and Zoning Commission Meeting 0 Minutes - November 12, 2003 Page 8 , <--) able to use their general Walgreens layout for the canopy because there is not any residential housing around there and it is enclosed in a commercial area. Motion carried on a 6-ayes, O-nays, I-absent (Casey) vote. Mr. Bednarz stated that this item would be before the Council at the December 2, 2003 City Council meeting. PUBLIC HEARING: LOT SPLIT (02-09) TO CREATE A NEW RURAL RESIDENTIAL LOT FROM PROPERTY LOCATED AT 16030 MAKAH STREET NW. Mr. Bednarz explained that the applicant has asked the City to reconsider the proposed lot split in light of the changes that were made to the Zoning Ordinance in regard to minimum lot width, depth and area. Mr. Bednarz discussed the background of the case with the Commission. Commissioner Gamache expressed concern about lots that are going to be lower than ninety percent and the Commission will have to allow it. He explained that he felt for the ! \ applicant and he does not have a problem with this split, but he does have a problem with \.~J future applications requesting lower than ninety percent. Commissioner Jasper stated he agreed because it was a controversial thing to go to ninety and now there are requests for less than ninety percent. Commissioner Kirchoff stated he felt the same way but this approach was validated by the City Council. Chairperson Daninger stated they are an advisory committee and they are there to make decisions and recommendations and just because it is validated by the City Council they can still discuss this and disagree with the City Council on it. Motion by Gamache, seconded by Greenwald, to open the public hearing at 8:03p.m. Motion carried on a 6-ayes, O-nays, I-absent (Casey) vote. Mr. Mark Monroe, 15961 Makah Street, explained this item has been turned down a number of times and he did not know why the City Council was malång special considerations for one person. He stated he does not know why every one feels they need to continually add additional properties to Andover. The original area was set up for five acres or more, that is the way it was platted and built and he does not understand the need to make the lots smaller and add additional density to the area. He explained he is against this lot split. Mr. John Moore explained one of the reasons this has come up and that they favor his lot split because of the concave to the entrance of his lot. He explained that if he was a cul- '~) Regular Andover PlannQ and Zoning Commission Meeting 0 Minutes - November 12, 2003 Page 9 :, ') de-sac lot, this whole situation would be in reverse. He explained the setup of his -- property with the Commission. Mr. Moore stated he discussed this with some of the Councilmembers and their suggestion was they should revise the ordinance to take into consideration this type of lot to where you could measure it either at the setback or the road, whichever is the greatest and because he was so close to the requirements that rather than go through the process of measuring, they would round it off to be fair. He stated he is less than one half of one percent of the requirement. Since he applied for a lot split in this area, there has been another lot split further up the road. Since the development has been established, there have been six lots that have been split since it was set up as five acre lots and is not something new in the area. He explained that he does not know why the residents are so objective to his lot split when they did not object to the others. Mr. Monroe explained they did object to all the other lot splits they were notified about. He stated it is a rural community and they want to keep it that way. Motion by Vatne, seconded by Gamache, to close the public hearing at 8:08 p.m. Motion carried on a 6-ayes, O-nays, I-absent (Casey) vote. Commissioner Jasper stated that he is glad Mr. Moore addressed the Commission because he understands the logic of what he is saying based on a concave lot. He C ) explained this is n~t a bad idea for the City to look at changing this rule to measure it at -- the front property Ime. Mr. Bednarz stated one of the reasons why staff did not want to take the measurement at the front setback was because once the measurement is taken, the lines can immediately start to close in on the building pad and unless they have some other minimum through the lot. The purpose of measuring the lot width at the setback line is to protect the area where the home will be built. He explained in a lot of communities, the minimum lot width must be provided throughout the entire lot and they do not have that in Andover. Chairperson Daninger thought this was discussed before. Commissioner Greenwald stated one of the reasons he was attracted to Andover was the roads and that they were not straight and if they were to look at this specifically based on this rule, he could not recommend approval but because of that uniqueness in Andover with all the comer lots he could imagine what they would be opening up if they were to change the way lot width is measured. Chairperson Daninger stated one of the concerns they have to look at is that it is 89.72 percent and the question is do they have the ability to round up to meet their Ordinance. Commissioner Greenwald stated this was validated by the City Council. Ü (' ") Regular Andover Plannill)and Zoning Commission Meeting '"-' Minutes - November 12, 2003 Page 10 " \ Chairperson Daninger asked if this could be rounded up to meet requirements. He felt ''-J this should be rounded up. Commissioner Gamache stated by doing the lot split, they are not putting the lot out of character of others in the area and he does not know where they should go with this. Commissioner Vatne stated he did not think this was universally accepted but it comes down to reasonableness and he thought rounding up was acceptable in this case. He felt this was close enough to approve. Commissioner Kirchoff stated this has been validated by the Council and rounding up is universally accepted. This would not be out of character based on the area. He could accept this for approval. Commissioner Gamache stated for the record, this is an extremely out of the ordinary item and he did not expect to approve others under ninety percent. Commissioner Greenwald stated he agreed with Commissioner Gamache and would recommend approval of this. Commissioner Jasper stated he felt this was inappropriate because they are already l ) allowing ten percent and they are allowing more than ten percent. He stated they have standards and they should stick to the standards. '-..j Chairperson Daninger stated the new Ordinance gives them a ten percent leeway and if this was 89.4 percent he would not be comfortable. He is comfortable with the percentage at 89.72. Motion by Kirchoff, seconded by Gamache, to recommend to the City Council approval of the proposed lot split. Commissioner Kirchoff stated it would be nice for future reference to have clarification for rounding for other discussions. Motion carried on a 5-ayes, I-nay (Jasper), I-absent (Casey) vote. Mr. Bednarz stated that this item would be before the Council at the December 2, 2003 City Council meeting. OTHER BUSINESS. Mr. Bednarz mentioned that two Commissioners terms will be up at the end of the year and if interested, please give a letter to staff. 0 Regular Andover PlannzQand Zoning Commission Meeting 0 Minutes - November 12, 2003 Page 11 (\ \...1 ADJOURNMENT. Motion by Gamache, seconded by Kirchoff, to adjourn the meeting at 8:22 p.m. Motion carried on a 6-ayes, O-nays, I-absent (Casey) vote. Respectfully Submitted, Sue Osbeck, Recording Secretary TimeSaver Off Site Secretarial, Inc. ;j \.. -. /\ ",-.J