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HomeMy WebLinkAboutJune 24, 2003 CITY o F C~(Y\.Q1L&lQ.~ 1- <3,,0' NDOVE ~- ) 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 - JUNE 24, 2003 The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Daninger on June 24, 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, Jonathan Jasper and Michael Casey. Commissioners absent: Commissioners Rex Greenwald and Dean Vatne. Also present: City Planner, Courtney Bednarz Associate Planner, D. Tyler McKay Others (') .~ APPROVAL OF MINUTES. May 27, 2002 Motion by ~~~~conded by Gamache, to approve the minutes as presented. Motion carried on a 5-ayes, O-nays, 2-absent vote. OJYLtJf1L!.te\ Î -7 - ô3 VARIANCE (03-0S) TO VARY FROM ORDINANCE 10, SECTION 9.06 BUILDABILITY TO ALLOW A HOME TO BE CONSTRUCTED ON PROPERTY LOCATED AT 3632 171sT A VENUE NW. Mr. Bednarz explained that the applicant has requested that discussion of this item be suspended to allow consideration of the ordinance amendment concerning buildability requirements on rural lots. If the ordinance is amended the variance would no longer be necessary and this item would not need to be considered. Motion by Gamache, seconded by Casey, to suspend this item indefinitely. Motion carried on a 5-ayes, O-nays, 2-absent vote. 0 0 0 Regular Andover Planning and Zoning Commission Meeting Minutes -June 24, 2003 Page 2 C) PUBLIC HEARING: SPECIAL USE PERMIT (03-07) TO ALLOW RETAIL SERVICE AND SALES ON A PROPERTY ZONED LIMITED INDUSTRIAL (1) LOCATED AT 13420 HANSON BOULEVARD NW. Mr. McKay explained that the applicant is seeking approval of a family martial arts studio at 13420 Hanson Boulevard. Premier Karate intends to provide martial arts instruction to students ages 4 and up. No alterations will be made to the exterior appearance or dimensions of the building. Normal hours of operation will be from 4:00 p.m. to 10:00 p.m. Monday through Friday, and 10:00 am to 2:00 pm on Saturdays and/or Sundays for seminars or workshops. The maximum size of classes will be 24 students and the maximum number of sessions per day would be 6. Mr. McKay stated this use will not be detrimental to the health, safety, morals, or general welfare ofthe community. It will not cause serious traffic congestion or hazards and it will not seriously depreciate surrounding property values, and it is in harmony with the general purpose and intent of the Special Use Permit Ordinance. Mr. McKay discussed the staff report with the Commission. Motion by Gamache, seconded by Kirchoff, to open the public hearing at 7:04 p.m. Motion carried on a 5-ayes, O-nays, 2-absent vote. () There was no public input. ,~ Motion by Kirchoff, seconded by Gamache, to close the public hearing at 7:04 p.m. Motion carried on a 5-ayes, O-nays, 2-absent vote. , i ; Commissioner Kirchoff stated he read the report a couple times to see if there were any concerns and he did not find any. He asked if the access was off of Hanson Boulevard or the Parkway. Mr. McKay explained there were accesses offboth streets. Commissioner Jasper asked if this was a new business or ifit existed elsewhere. Mr. i O'Neill stated he has been working for the past six years through the school district and ; he has decided they need more room to operate. Motion by Gamache, seconded by Casey, to recommend to the City Council approval of Resolution No. _, approving the Special Use Permit to Allow Retail Service and Sales on a Property Zoned Limited Industrial. Motion carried on a 5-ayes, O-nays, 2-absent vote. Mr. Bednarz stated that this item would be before the Council at the July 15,2003 City Council meeting. <J [ - 0 () Regular Andover Planning and Zoning Commission Meeting Minutes - June 24, 2003 Page 3 ~ '- ~/ VARIANCE (03-06) TO VARY FROM ORDINANCE 10, SECTION 9.06 BUILDABILITY TO ALLOW A HOME TO BE CONSTRUCTED AT 75 157TH A VENUE NW. Mr. Bednarz noted the applicant is seeking a variance to the 150 foot wide by 150 foot deep dimensions of the buildable area required for rural lots to allow a home to be constructed on an existing vacant lot. Mr. Bednarz showed a survey of the property to the Commission. He explained the survey show the area that would need to be filled to meet the 150 x 150 foot buildable area requirement. The applicant is proposing to custom grade only a portion of the lot to allow a walkout style home to be located on the existing slope of the property. This would prevent excessive fill and grading which would cause the loss of many of the existing mature trees on the property. The variance would be to reduce the size of the buildable area to allow custom grading of the lot. Mr. Bednarz discussed the information with the Commission. Mr. Bednarz explained in this situation, the future owners of the home would prefer to maintain the natural character of the lot rather than have a large area cleared and flattened. The size of the required buildable area would change the character of the / property such that it would effectively defeat the purpose of living in a rural area. The , '- _/ opportunity will exist in the future to clear an area for a pool or garage if the owner or a future owner would wish to construct one. Mr. Bednarz explained the hardship presented by the applicant. Commissioner Kirchoff asked on the survey if the white area was the area not to be filled. Mr. Bednarz stated that was true. Commissioner Gamache stated where they build the house, they will need to bring in some fill anyway but they are trying to get away from filling the entire 150 x 150. Mr. Bednarz stated that was correct and theissue is how much of the lot will need to be graded. Commissioner Kirchoff stated at the last meeting they had discussion regarding the 150 x 150 and he asked if part ofthe discussion regarding the septic system. Mr. Bednarz explained there were two separate requirements for rural lots; the first is the 150 x 150 box, which is exclusively for the house and garage. There is a separate requirement of ten thousand square feet for the drain fields, which would not be affected by this proposal. Commissioner Jasper asked if the lot split was final because in the staff report, it states the finalization is dependent on the lot split. The applicant stated the lot split was final and recorded with the County. Commissioner Kirchoff stated the lot is buildable but () trees would have to be taken down. This item is to try to get away from taking the trees '---..../ down. 0 0 Regular Andover Planning and Zoning Commission Meeting Minutes - June 24, 2003 Page 4 (-') \..J Chairperson Daninger explained he is interested in what the City Council decides regarding this because he does not want to see trees bulldozed down but unfortunately he is guided by the current ordinance in his decision making. Commissioner Kirchoff stated he hated to recommend a variance for he can not see a true hardship. He would rather wait and see what the City Council decides on the ordinance amendment. Mr. Peach stated they were currently set back six weeks; they were originally set to build four weeks ago. He stated time for them is of the essence for them because his wife is pregnant with their fourth child and they do not have the room in their current home. Chairperson Daninger asked if the builder told him how long it would take to build the house from start to finish. Mr. Peach stated the builder told him it would take 120 days. Chairperson Daninger stated they need to move this item forward and make a decision on it. Mr. Dan Munt, Tri-Star Homes, stated in this particular area they have granted variances to save trees so it has already been done for this exact purpose and would otherwise change the entire feel of the lot. There has already been a precedent set because there have already been variances granted to other property owners. He would ask that ('- ", because interest rates are low and there is a hardship to the owners and taking the trees "'-- ~ out is also a hardship. Chairperson Daninger stated he agreed they should not delay their vote. Chairperson Daninger asked Mr. Bednarz if there were other variances granted that compared to this application. Mr. Bednarz explained in looking at the history, more typically, these types of variances have been approved to the shape of the box and not so much the total area ofthe 22,500 square feet. In at least one case however, a variance was granted to reduce the size of the buildable area even though it could have been achieved. Commissioner Jasper asked if the variance were granted, what would be the footing of the area after grading. Mr. Bednarz stated it could be determined or recommended by the Commission, the homeowner's request to clear only the area to build the home. Mr. Munt stated he has worked with Mr. Dave Almgren and he has carefully looked at and suggested what the building pad should be and they have agreed this is something they could work with. Basically it is the whole print plus an additional twenty feet outside of the parameter. He stated the area that is already high is where the drain field will go. Mr. Peach stated it would be 60 feet by 60 feet or 3,600 square feet. /\ \J - 0 0 Regular Andover Planning and Zoning Commission Meeting Minutes -June 24,2003 Page 5 ['-" : ) "--.J Chairperson Daninger explained if the recommendation does move forward from the City Council, this would not be a variance. He stated he has to follow the ordinance and he cannot approve it based upon the ordinance because he cannot see a hardship. Commissioner Gamache stated he felt the same way and if there is a precedent out there he cannot say whether or not it is right or wrong and he stated he did not see a hardship involved. Commissioner Jasper stated he agreed and that this is a change that is eighty-five percent from the existing ordinance and the only hardship is cutting down trees. I i I I Motion by Gamache, seconded by Jasper, to not grant the variance due to lack of hardship. Motion carried on a 5-ayes, O-nays, 2-absent vote. Mr. Bednarz stated that this item would be before the Council at the July 1,2003 City Council meeting. PUBLIC HEARING: ORDINANCE AMENDMENT (03-08) TO CONSIDER AMENDMENT TO ORDINANCE 8, SECTION 4. OS TO ALLOW RIGHT-OF-WAY TO BE USED IN CALCULATING LOT AREA FOR DETERMINING THE / - ", ALLOWABLE SQUARE FOOTAGE OF ACCESSORY STRUCTURES. \-J Mr. Bednarz explained that the City Council has directed staff to investigate the possibility of allowing right-of-way to be used in calculating lot area for detennining the allowable square footage of accessory structures. Mr. Bednarz discussed the staff report with the Commission. Mr. Bednarz explained the Andover Review Committee discussed these issues on June 10,2003 and voted unanimously to recommend that right-of-way not be counted towards the lot area. If right-of-way were to be included, it is thought that many Andover residents with parcels close to five acres will apply to construct large pole barns. Another option the city has is to amend the ordinance to reduce the total square feet allowed for accessory structures or limit this provision to agricultural uses as other communities do. The current ordinance allows almost unlimited square footage of accessory structures for properties with more than five acres. This could be changed to "ten acres or more". Mr. Bednarz also stated that a definition of lot lines which applies to all of the zoning ordinance, excludes right-of-way from lot area calculation. Amending the accessory structure section of the ordinance to allow right-of-way to be used for determining the size of garage that can be built would conflict with the ordinance wide definition. (:) 0 (J Regular Andover Planning and Zoning Commission Meeting Minutes - June 24, 2003 \ Page 6 " j \. _J Ifthe ordinance wide definition were changed to include right-of-way this would effectively reduce the minimum lot size in all zoning districts as, in that case, right-of- way could make up a portion of the required lot area. Commissioner Kirchoff asked ifthe right-of-way is there for the County to purchase at a later date. Mr. Bednarz explained the City or County already owns the right-of-way. Chairperson Daninger asked ifthere were any positives to having this change. Mr. Bednarz stated the positive would be for homeowners who were close but not above five acres were allowed to count the right-of-way, that would allow a larger garage to be built, which would be a benefit to that homeowner. Commissioner Kirchoff asked if the homeowner owned the right-of-way and then the County took it for public use, it could be a hardship. Chairperson Daninger explained they were looking at amending the ordinance and not an individual case. Discussion ensued in regards to right-of-way versus road easements. Chairperson Daninger stated he has a problem with the cause and affect of this ordinance amendment. ;- " Motion by Gamache, seconded by Casey, to open the public hearing at 7:41.m. Motion \_-j carried on a 5-ayes, O-nays, 2-absent vote. There was no public input. Motion by Jasper, seconded by Gamache, to close the public hearing at 7:41 p.m. Motion carried on a 5-ayes, O-nays, 2-absent vote. Commissioner Kirchoff asked if there was anything else that would be a positive point for amending the ordinance. Mr. Bednarz explained by building a larger garage, could allow more items that are stored outdoors to be stored indoors and make properties look tidier. Commissioner Jasper stated it appears in previous discussion that there was some confusion so he thought it might makes sense to recommend an amendment to the ordinance but instead of stating "including the right-of-way", state "excluding the right- of-way" so it is not ambiguous. Motion by Kirchoff, seconded by Gamache, to recommend to the City Council to amend the ordinance to specifically exclude right-of-way as stated in the discussion. Motion carried on a 5-ayes, O-nays, 2-absent vote. :,/ '\ Mr. Bednarz stated that this item would be before the Council at the July 1, 2002 City \..J Council meeting. - () () Regular Andover Planning and Zoning Commission Meeting Minutes - June 24, 2003 /~~\ Page 7 \ .1 '_..I PUBLIC HEARING: ORDINANCE AMENDMENT (03-06) TO MODIFY ORDINANCE 8, SECTION 8.23 RESIDENTIAL BUILDING STANDARDS Mr. McKay explained that the Planning and Zoning Commission is asked to consider updating the Residential Building Standards section of Ordinance 8. This change would allow residents to construct four-season porches without permanent foundation provided the porch does not exceed a maximum coverage of fifty (50%) percent ofthe footprint of the habitable portion ofthe principle structure. Mr. McKay discussed the Ordinance with the Commission. Mr. McKay explained a survey was taken of neighboring cities in regards to their restrictions on decks. The cities of Anoka, Blaine, Coon Rapids, Ham Lake and Ramsey, use setbacks as the only restriction as to the size of the porch. The regulatory mechanism is the same as any other addition. Commissioner Jasper stated the reason why the Commissioners had asked how many times people asked for more than twenty percent is to find out from whence this proposal comes and if it is a problem so did he have any idea how many people requested this. ,í-" Mr. McKay stated the Building Department has noticed an increase in requests for this \-J and they examined it themselves and felt like increasing it from twenty to fifty percent would not be at all detrimental and would benefit the homeowner by increasing the value and amenities on their property. Commissioner Gamache asked in looking at what the neighboring communities are doing, is fifty percent right or should they strike a limitation on the porches. What harm is there in striking a limitation for a four season add on to a house as long as it is within setbacks so why would they not allow that to happen for four seasons. Mr. McKay explained the building officials told him the reason they went from twenty to fifty percent was because they did not want to stray too far from the original intent of the ordinance. Commissioner Jasper stated his concern is it would devalue the property and the neighbors surrounding the home. He stated fifty percent seems tremendously large for what is a less than structurally permanent addition to a house. If twenty percent is too small then maybe there is a number in between that is more satisfactory because fifty percent seems to be too high. Chairperson Daninger stated it also has to meet setbacks. Commissioner Gamache stated the five other communities looked at does not have anyone putting large additions onto their houses and he is comfortable with the fifty percent and this is not unlimited like in the other cities. Commissioner Jasper stated some of the other cities reviewed do not have the rural areas that Andover has. ('j "-../ Commissioner Kirchoff stated he agreed and thought fifty percent is a decent number. i () () Regular Andover Planning and Zoning Commission Meeting Minutes - June 24, 2003 - ' Page 8 .- '\ ,_ J Commissioner Casey stated he thought fifty percent was too high. Even forty percent is too high but it would be a comfortable compromise. He stated he did think it did have an affect their neighbors. Chairperson Daninger stated he has a lot of faith in staff and he is comfortable with fifty percent. Motion by Gamache, seconded by Kirchoff, to open the public hearing at 7:56 p.m. Motion carried on a 5-ayes, O-nays, 2-absent vote. There was no public input. Motion by Kirchoff, seconded by Gamache, to close the public hearing at 7:56 p.m. Motion carried on a 5-ayes, O-nays, 2-absent vote. Commissioner Casey stated he believed this will affect the aesthetics of the community because if they allow it to get to such extreme levels, people will play it to that end. Commissioner Gamache stated he has seen forty-four porch permits last year and he did not think that was a huge number for the number of residents in Andover. 1"-" ;,J Motion by Gamache, seconded by Kirchoff, to recommend to the City Council to raise the ordinance to fifty percent as prepared by staff. Commissioner Jasper stated if this motion was voted down, he would like to offer an amendment to change the ordinance to thirty-five percent, which seems to be more of a compromise to him and seems to be more palatable than to jump to fifty percent. Commissioner Gamache stated he was comfortable with the fifty percent. Commissioner Jasper stated the reason why he brought this up is because there was not any reason why fifty percent was chosen. Motion carried on a 3-ayes, 2-nays (Jasper, Casey), 2-absent vote. Mr. Bednarz stated that this item would be before the Council at the July 1,2003 City Council meeting. OTHER BUSINESS. Mr. Bednarz updated the Planning Commission on related items. ~'~ Chairperson Daninger asked if the development at the NE Corner of Hanson and --- Crosstown Boulevard was moving forward. Mr. Bednarz stated there will be a service 0 0 Regular Andover Planning and Zoning Commission Meeting Minutes - June 24, 2003 r~\ Page 9 \. / station that may have a restaurant as a part of it as well as a free standing restaurant, potentially a bank and office building so there will be a retail development there and it seems like they are putting together documents for the City to review so this may be coming up in the next couple of weeks. Commissioner Gamache asked what was happening with the Community Center. Mr. Bednarz stated the City Council did vote to go ahead with the Center project and the stakeholders meetings are being held Thursday nights to shepard that project along. At this point they are looking at potential layouts of the building, which would be located to the north of the Senior Center on the City Hall site. ADJOURNMENT. Motion by Kirchoff, seconded by Gamache, to adjourn the meeting at 8:05 p.m. Motion carried on a 5-ayes, O-nays, 2-absent vote. Respectfully Submitted, .'-- " I ¡ ~. .J Sue Osbeck, Recording Secretary TimeSaver Off Site Secretarial, Inc. ~---- ~)