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HomeMy WebLinkAboutMay 27, 2003 0 () ~~ ) CITY of ANDOVER PLANNING AND ZONING COMMISSION MEETING - MAY 27,2003 The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Daninger on May 27,2003, 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, Jonathan Jasper an4 Michael Casey. Commissioners absent: There were none. Also present: City Planner, Courtney Bednarz Associate Planner, D. Tyler McKay Others .' "") '--./ APPRO V AL OF MINUTES. May 13, 2003 Motion by Kirchoff, seconded by Gamache, to approve the minutes as presented. Motion carried on a 7 -ayes, O-nays, O-absent vote. PUBLIC HEARING: ORDINANCE AMENDMENT (03~03) CONTINUING DISCUSSION REGARDING MODIFICATION OF ORDINANCE 106 BOULEVARD ENCROACHMENT. 'Mr. D. Tyler McKay explained that the Planning and Zoning Commission was previously asked to consider updating the Boulevard Use ordinance to ensure pemianent , encroachments and improvements shall remain outside of the boulèvard as defined as the distance from the property line to the curb. Upon further review with the public works and engineering departments, staffhas concluded that the current ordinance is sufficient. Staffwill continue to track complaints and if there are reasons to be.more restrictive, this item may be brought back for consideration at a future date. Motion by Greenwald, seconded by Vatne, to open the public hearing at7:01 p.m. 0 Motion carried on a 7 -ayes, O-nays, O-absent vote. Regular Andover Plannr:; and Zoning Commission Meeting () Minutes - May 27, 2003 Page 2 / '\ \ ' '--.../ There was no public input. Motion by Jasper, seconded by Kirchoff, to close the public hearing at 7:02 p.m. Motion carried on a 7-ayes, O-nays, O-absent vote. PUBLIC HEARING: SPECIAL USE PERMIT (03-0S) AMENDING SPECIAL USE PERMIT (01-0S) FOR NATURE'S RUN TO ADD A NEW FLOOR PLAN DESIGN WITH ADDITIONAL FINISHED SQUARE FOOTAGE. Mr. Bednarz explained that the applicant has proposed a new floor plan for the Nature's Run Project. The floor plans were initially reviewed and approved as a part of Special Use Permit (01-05) which established the planned unit development of Nature's Run. The new floor plan will need to be reviewed and approved with this amended special use permit. Mr. Bednarz explained the new floor plan adds an additional bedroom and additional square footage to both the main and lower levels. The proposed floor plan will fit within the lot box that was approved for the development and will not encroach into the 30 foot building setback between the rear of the buildings that was required as a part of the initial () special use permit. Mr. Bednarz stated the proposal offers another set of options for buyers to choose from. This option increases the square footage of the units and continues to offer all of the amenities available for the other unit types. The distance between the back of the buildings will be able to meet the minimum of 30 feet established with the initial PUD. Staff recommends in favor of the proposed amendment. Commissioner Kirchoff asked what the square footage change was. Mr. Bednarz stated he was not sure he had an exact number to give but it would be approximately200 to 250 square feet. Commissioner Gamache asked if the design of the building would be the same as the three already constructed. Mr. Bednarz stated the only difference would be the additional finished square footage along the side and rear of the units. Commissioner Greenwald stated they could go with the original deck and the Commission would be giving them a special use permit for the option to sell with the changes indicated. Mr. Bednarz stated this was correct. Commissioner Vatne asked if they had a clear view of the fourth structure that will be sold. Mr. Bednarz stated the proposed plans are illustrated with the proposed changes. ~~ /,- ) 0 Regular Andover PlannfYLg and Zoning Commission Meeting Minutes-May 27,2003 Page 3 ') Commissioner Greenwald asked how many units were proposed for Nature's Run. Mr. '---) Bednarz stated he believed there were 54 units total. Commissioner Greenwald asked how many units were already up. Mr. Bednarz stated there were three buildings up so far. 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. There was no public input. Motion by Greenwald, seconded by Gamache, to close the public hearing at 7:09 p.m. Motion carried on a 7 -ayes, O-nays, O-absent vote. Motion by Greenwald, seconded by Gamache, to recommend to the City Council approval of the proposed special use permit amendment. Motion carried on a 7 -ayes, 0- nays, O-absent vote. Mr. Bednarz stated that this item would be before the Council at the June 17,2003 City Council meeting. (' PUBLIC HEARING: LOT SPLIT (02-12) TO CREATE A NEW RURAL \J RESIDENTIAL PROPERTY AT 17680 ARROWHEAD STREET NW FOR DONALD AND VALERIE HOLTHUS. Mr. Bednarz explained that the applicant is seeking approval to divide the subject property into two single-family rural residential lots. Mr. Bednarz discussed the drawings in the staff report with the Planning Commission. Commissioner Greenwood asked if they were voting for two items, the lot split and the variance. Mr. Bednarz stated they were voting for the lot split only. Commissioner Jasper asked if the 150 by 150 box could be achieved by moving the line on the map. Mr. Bednarz stated they have taken a long look at this and the difficulty would be they would still need to provide the 300 feet of lot width for Parcel A at the front building setback, which is forty feet into the site. As a result the line that goes up to achieve the three hundred feet and then jogs to the south and west. Commissioner Jasper stated when the line jogs and turns to the south, if the line were moved, they would have the 150 feet across the front off the north end. Mr. Bednarz showed the map and they discussed the reason why the line was where it was. Commissioner Gamache asked how close they were to the 150 feet on the second lot to ¡"- make the 150 by 150 pad. Mr. Bednarz stated the dimension is 112.7. Commissioner (j Gamache asked if they could move the new property line ten feet to reduce the lot width Regular Andover Plann~¡ and Zoning Commission Meeting 0 Minutes - May 27, 2003 Page 4 () to 290 feet and meet the ninety percent Ordinance. Mr. Bednarz stated if the change to ~ the ordinance is approved, that may be an option. Discussion ensued in regards to moving the property line to make both lots to conform. Motion by Greenwald, seconded by Gamache, to take a two-minute recess for verification of measurements at 7:23 p.m. Motion carried on a 7-ayes, O-nays, O-absent vote. Motion by Greenwald, seconded by Gamache, to reconvened the meeting at 7:25 p.m. Motion carried on a 7 -ayes, O-nays, O-absent vote. Mr. Bednarz stated he did not spend enough time looking at the survey when it came in late in the day and has just discovered that the drawing introduced at the meeting does not provide 300 feet of lot width for parcel A. He explained on the map where the property line was and stated the information in the packet was better than the survey he just received. He stated the variance remains the same in that the 22,500 square feet is achievable but the 150 by 150 is not so to go back to Commissioner Jaspers point that was the reason for the significant jog in the property line was to get to the three hundred feet of lot width. () Discussion continued with moving the property line for conformance. Mr. Bednarz stated the survey the Commission has is what has been discussed with the applicant and is proposed. Commissioner Vatne asked if the 150 by 150 feet was an ideal dimension and what was the intent back when it was established. Mr. Bednarz stated the intent was to allow enough area for a home to be constructed as well as additional area for other usable space on the property. The Commission discussed whether there needed to be an addition to the Ordinance or another Ordinance for allowing lot splits that are not even. Motion by Greenwald, seconded by Ganiache, to open the public hearing at 7:35 p.m. Motion carried on a 7-ayes, O-nays, O-absent vote. There was no public input. Motion by Greenwald, seconded by Gamache, to close the public hearing at 7:36 p.m. Motion carried on a 7 -ayes, O-nays, O-absent vote. Motion by Greenwald, seconded by Gamache, to recommend to the City Council 0 approval of Resolution No. _, approving the proposed lot split and variance with adjustments to the survey as discussed by staff. - Regular Andover Plann~¡ and Zoning Commission Meeting 0 Minutes - May 27, 2003 Page 5 ,/\ '--- I Commissioner Vatne stated Mr. Bednarz indicated there was past precedence on approving a variance like this, the buildable area, this is the defining item for him. He stated if they have past precedence on varying from this, it holds a fair amount of weight but they should go back and entertain the potential change to the 150 foot square, similar , to what they did with the lot sizing. He stated he is in favor of this because there is past precedence with the variance. Commissioner Greenwald stated he based the motion on the wetland is proposing the hardship. Chairperson Daninger stated he believed there are changes coming and that is why he will be voting against this because as they grow, these will present opportunities for the City to reexamine some of the Ordinances to look at them closer. Commissioner Greenwald asked if he was voting against this because there was not an Ordinance to cover this right now. Chairperson Daninger stated he believed there was not a hardship to support this at this time even though there was some past precedence. He stated he was not comfortable with having to take a break, re-look at it, having a new survey come in at 4:00 and based upon that he did not want to approve this. Commissioner Jasper stated he is not convinced with the information they have that this cannot be made conforming and the late submission of the drawing, he was not sure / - . \ which drawing they were working with. He stated it needs to be readdressed and he does \. -¿ J not think the lot split was a bad idea; it just needed to be looked at and done properly. Motion carried on a 5-ayes, 2-nays (Jasper, Daninger), O-absent vote. Mr. Bednarz stated that this item would be before the Council at the June 17,2003 City Council meeting. PUBLIC HEARING: SPECIAL USE PERMIT (03-06) TO ALLOW OUTDOOR STORAGE AND RETAIL SALES AT 3160 162ND LANE NW. Mr. Bednarz explained the applicant has opened a landscape nursery. Due to the fact that the property is zoned Limited Industrial (I), a special use permit is needed for outdoor ¡ storage and retail sales. Mr. Bednarz stated the applicant has provided a rudimentary site plan. He discussed the staff report with the Planning Commission. Commissioner Kirchoff asked if a business wants to come into the City, there are certain things they have to have no matter what type of a business. Mr. Bednarz stated that when changes are made to the property, the new tenant or owner is required to bring the site into confonnance. c=) Regular Andover Planni~¡and Zoning Commission Meeting 0 Minutes - May 27, 2003 Page 6 ,-, ( '- ' ) Commissioner Kirchoff asked if any business would need a permit to do business in the City. Mr. Bednarz stated it depended on the circumstance, typically if it is an existing building, the building inspector and fire chief will inspect the building and determine whether or not it meets all the codes and work with the applicant on this. If it is a new building the commercial site plan process ensures compliance with ordinances. i Discussion ensued in regards to the applicant operating a business without a permit and i not following regulations. , Commissioner Kirchoff asked if the business could operate as is without retail. Mr. Bednarz stated that portion would be fme but the building could not be used because it does not meet uniform building and fIre codes and there is not any running water or bathrooms. Motion by Greenwald, seconded by Gamache, to open the public hearing at 8:00 p.m. Motion carried on a 7-ayes, O-nays, O-absent vote. Mr. Archie Zahler, 3160 162nd Lane NW, stated he could address most of the questions by the Commission. He showed pictures to the Commission on how they beautified the area by having this landscape business in the area. /' '\ Mr. Zahler explained he did not think they have done anything wrong. There was a letter :\_ j to the City that they were opening their business as a wholesale business, which is allowed and after they were opened for a while, they had comments from residents that they should have a retail area. What they have found is that in the inner areas of Round Lake Boulevard, they are helping to keep the traffic out. He stated that without City water and sewer on the property, the land is worthless. He stated they did make a parking lot and there is a drainage area outside of their entrance gate. He stated the building is a permanent building and to this day, no one has informed him of any building or fIre deficiencies or else he would have addressed them. Commissioner Jasper asked Mr. Zahler if he saw the staff report. Mr. Zahler stated he did but not until late. Commissioner Jasper stated he did not care about what happened in the past but he was wondering if the building met fIre and building requirements. Mr. i Zahler stated he did not know what issues the City had with the building. ' Commissioner Jasper asked if there was a proper commercial refuse container on the property. Mr. Zahler's stated he did not have one but there was not any garbage on the property. Commissioner Kirchoff stated he noticed a port-a-potty on site and he wondered if this was for customer use. Mr. Zahler stated this was correct because at this time there was not a well on the property and he did not install a well yet but he would in the future. /~ i \_J i i Regular Andover Plannr:¡ and Zoning Commission Meeting 0 Minutes - May 27, 2003 Page 7 , ,0 Commissioner Vatne asked when Mr. Zahler purchased the property, did he understand "- j this was limited industrial. Mr. Zahler stated he did. Chairperson Daninger asked if the nursery is a wholesale or retail operation. Mr. Zahler stated he is both and he knows he is obviously in violation of the law. Chairperson Daninger asked what date he is planning on putting blacktop on the parking lot. Mr. Zahler asked if this was mandatory. Chairperson Daninger stated it was a part of issuing a permit. Mr. Bednarz stated it was a requirement for operating the business to have a parking lot with hard surface and curb and gutter as was done for Andover A wards and Embroidery next door. Mr. Zahler stated he could get the parking lot paved within thirty days. : Motion by Greenwald, seconded by Kirchoff, to close the public hearing at 8:21 p.m. Motion carried on a 7-ayes, O-nays, O-absent vote. Discussion ensued in regards to the applicant operating a business without a permit and ; ; how he has not followed the rules and the Commissions concerns for other landscaping businesses operating in Andover, who follow the rules and may feel if the Special Use : Permit is approved, would be unfair. ",-, Commissioner Kirchoff stated when they see a conditional use permit, they usually see a :'- ) site plan and the Commission has not seen a site plan for this so he thought this may be an incomplete site plan. Chairperson Daninger stated he was in favor of denying the Special Use Permit. Commissioner Casey stated he agreed. Commissioner Kirchoff stated he would like to see a site plan before making a decision. Commissioner Gamache stated he would recommend passing this onto the City Council for approval if all the criteria are met. Commissioner Greenwald stated he is against starting a business without prior approval. Commissioner Gamache stated he is not agreeing with what the applicant has done but it is the right thing for the land. Commissioner Vatne asked as far as the process, does the City have any set standard that is required for a Special Use Permit. Mr. Bednarz stated they did. Commissioner Vatne ¡ asked if it was presented to the applicant and when. Mr. Bednarz stated it was given to the applicant when he visited the property. Commissioner Vatne stated he could vote 1 either for or against. Commissioner Jasper stated there were two ways they could make the motion. One was (', to approve it with the conditions and the second would be to deny this. He thought he .. .J would deny this because the applicant in the past has not followed the rules. Regular Andover Plann[) and Zoning Commission Meeting 0 Minutes - May 27, 2003 Page 8 / ) '-- Motion by Jasper, seconded by Kirchoff, to recommend to the City Council denying the special use permit to allow outdoor storage and retail sales. Motion carried on a 6-ayes, I ! I-nays (Gamache), O-absent vote. , Mr. Zahler stated in the staff report, there is a letter addressing exactly what they are ; ; saying he has done, which he has not done that and if they read the zoning for the industrial park, outside storage and wholesale is allowed. He has in fact done things in a ¡ manner that they should be done. Mr. Bednarz stated outdoor storage does require a ¡ special use permit. : Mr. Bednarz stated that this item would be before the Council at the June 17, 2003 City I Council meeting. PUBLIC HEARING: ORDINANCE AMENDMENT (03-04) TO MODIFY ORDINANCE 8, SECTION 4.04 LOT PROVISIONS. Mr. McKay explained the Planning Commission is asked to consider updating the Lot i Provision section of ordinance 8. This change would allow a resident who is building a I I home on their lot to remain in an existing home until the new home is constructed. i I, C) ¡ Mr. McKay discussed the information with the Planning Commission. I ! ; Commissioner Vatne asked for a clarification on page three under the 4.04 lot provisions; he asked if this would apply to both urban and rural. Mr. McKay stated it would. Commissioner Jasper stated his only concern with the amendment was it did not give a maximum time for both buildings to exist. The Andover Building Official, stated they had a year to get the exterior siding and grading done but so long as they do inspections on it and get permits every ,180 days, they can continue on indefinitely but most of the time they are done in 180 days. Commissioner Jasper stated it seemed to him that this should be amended to put an outside limit on it. Chairperson Daninger asked if the Building Department had any recommendations for them. Mr. Dave Almgren stated they have given previous applicants thirty days after the certificate of occupancy on the new house is built to have the old house demolished. Commissioner Gamache asked in the City of Andover, with a reputable construction company putting up a house, what is the outside limit on putting up a house. Mr. Almgren stated normally it would be 120 days. ¡ I Commissioner Jasper asked what the outside limit on this would be. Mr. Almgren stated it would be 140 to 160 days. (\, 0 - Regular Andover PlannC) and Zòning Commission Meeting 0 Minutes - May 27, 2003 Page 9 /' ~ Commissioner Greenwald asked what Ordinance states they need to have the old house \--j down within thirty days after completion of the new house. Mr. Almgren stated it is on a recommendation by the City Council in prior years. Discussion continued in regards to the time limit that should be put on allowing two main structures to remain standing after the new house is completed. Motion by Gamache, seconded by Kirchoff, to open the public hearing at 8:49 p.m. Motion carried on a 7-ayes, O-nays, O-absent vote. ; ! There was no public input. Motion by Gamache, seconded by Vatne, to close the public hearing at 8:49 p.m. Motion carried on a 7-ayes, O-nays, O-absent vote. Commissioner Vatne stated in previous discussions they have had, he likes the idea of preventing someone from stretching out building a house to two to three years and he would like to see it done in an expedited way. Commissioner Jasper stated there should be a sentence added reading "The new principal building must be completed within twelve months of the issuance of the building permit -"" and the old principal building must be removed or demolished within thirty days of the (~ issuance of a certificate of occupancy." Motion by Jasper, seconded by Gamache, to recommend to the City Council approval of Resolution No. _, approving the proposed lot split and variance adding wording to the Ordinance. Motion carried on a 7 -ayes, O-nays, O-absent vote. Mr. Bednarz stated that this item would be before the Council at the June 17,2003 City Council meeting. ì ¡ ¡ ! PUBLIC HEARING: ORDINANCE AMENDMENT (03-0S) TO MODIFY ORDINANCE 8, SECTION 8.23 RESIDENTIAL Bll.ILDING STANDARDS. Associate Planner D. Tyler McKay explained the Planning Commission is asked to consider updating the Residential Building Standards section of Ordinance 8. This change would allow residents to construct four-season porches with a permanent foundation provided the porch does not exceed a maximum coverage of fifty percent of the footprint of the habitable portion of the principle structure. Currently only 20% of the ¡ i footprint is allowed. ¡ ¡ ! Mr. McKay stated the City of Andover has been receiving inquiries about increasing the ¡ , maximum coverage of four-season porches from twenty percent to fifty percent of the ¡ , 0 habitable portion of the principal structure. City Building officials have looked at these r- () Regular Andover Plan~ltt) and Zoning Commission Meeting Minutes - May 27, 2003 Page 10 / " requests and have come to the conclusion that increasing the maximum coverage would '--/ not be a detriment to the health and welfare of the community and would not have a negative impact on property values. The current ordinance has been found to be too restrictive of the property owner's use of their land. In addition, this change to the ordinance would allow for residents to increase the aesthetic and financial value of their properties while still requiring the majority of the home to have permanent concrete or treated wood foundation to anchor the structure. Mr. McKay discussed the information with the Planning Commission. , Commissioner Gamache asked how they compared to other cities. Mr. McKay stated he was not sure and that he has not checked into it. Mr. Almgren, Building Official, stated the Ordinance came into effect in the early 80's when the State came out and said that all the lots in the city must afford manufactured housing. Therefore, all the cities went together and created the Ordinance. He stated he believed a lot of the cities have modified this or abandoned this Ordinance. He stated the City felt the twenty percent for a four-season porch was too restrictive because people have been coming in wanting ; larger porches. Commissioner Vatne asked if it grew to be more than fifty percent, where would the ¡ concern start to be around foundation size relative to that size of a porch. Mr. Almgren (j stated the reason they stopped at the fifty percent was to still keep the harmony of what the City Council wanted as having the intent of having a complete foundation around '_I' most of the principal structure. He stated that if they went into the building code, he did not think there was anything that would restrict them from putting a total structure on r posts. ; Discussion ensued in regards to allowing fifty percent of the entire footprint for porches ~ and what the requirements for this would be. : Motion by Kirchoff, seconded by Greenwald, to open the public hearing at 9:05 p.m. , Motion carried on a 7-ayes, O-nays, O-absent vote. i , I There was no public input. Motion by Kirchoff, seconded by Greenwald, to close the public hearing at 9:05 p.m. ¡ , Motion carried on a 7-ayes, O-nays, O-absent vote. Commissioner Gamache stated the Building Official is saying this is an accepted practice i but he would like to see what are surrounding or like communities doing with something like this. Chairperson Daninger stated the Building Official did not believe the other communities had this ordinance anymore. /~ Commissioner Jasper stated he would rather see what the other cities have. \,J I - Regular Andover Plann[) and Zoning Commission Meeting 0 Minutes - May 27, 2003 Page II - \ , Motion by Casey, seconded by Gamache, to table this item for more information. " j Motion carried on a 7-ayes, O-nays, O-absent vote. OTHER BUSINESS. Mr. Bednarz mentioned that there will not be a meeting on June 10, 2003. Mr. Bednarz stated they had an open house for residential development last Thursday. It was fairly well attended. Chairperson Daninger stated there will be a meeting on Wednesday, June 4,2003 from 6:00 to 8:00 p.m. at the Andover Elementary gymnasium to discuss the Community Center. ADJOURNMENT. Motion by Greenwald, seconded by Gamache, to adjourn the meeting at 9: 13 p.m. i I Motion carried on a 7-ayes, O-nays, O-absent vote. r \ Respectfully Submitted, - ) Sue Osbeck, Recording Secretary TimeSaver Off Site Secretarial, Inc. ! I ; , ! , ,"\ ; I , , _. I