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HomeMy WebLinkAboutFebruary 25, 2003 () 0 r) CITY of ANDOVER ,,--, PLANNING AND ZONING COMMISSION MEETING - FEBRUARY 25, 2003 The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Daninger on February 25,2003, 7:00p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. , Commissioners present: Chairperson Daninger, Commissioners Tim Kirchoff, Douglas Falk, Tony Gamache, Rex Greenwald, Dean Vatne and Jonathan Jasper (arrived at 7:04 p.m.). Commissioners absent: None. Also present: City Planner, Courtney Bednarz Others ( \ '---.J APPRO V AL OF MINUTES. February 11,2002 Commissioner Vatne indicated in the minutes on page 3, sixth paragraph down, he recalled saying "Commissioner Vatne stated requested clarification from Mr. Bednarz that staff would prefer to review not only the size of the sign, is not the issue but the quality of the sign. Mr. Bednarz concurred. Motion by Kirchoff, seconded by Greenwald, to approve the minutes'as amended. Motion carried on a 3-ayes, 0-nays,3-present (Daninger, Falk,Gamache), I-absent (Jasper) vote. PUBLIC HEARING: LOT SPLIT (03-01) TO CREATE TWO URBAN RESIDENTIAL PROPERTIES AS PREVIOUSLY PLATTED WITH VARIANCE TO LOT DEPTH AT 1n5 ANDOV,ER BOULEVARDN1v. Mr. Bednarz explained that the applicant is seeking to re-establish a property line between two previously combined urban residential lots (Lots 5 and 6, Block 4 of Hartfiel's Estates). A house exists toward the south end of the lot. The proposed lot split ~) would allow a second home'to be constructed on the northerly portion of the lot. A variance to lot depth is necessary to allow the lot split to occur. Regular Andover Plann£ì and Zoning Commission Meeting () Minutes - February 25, 2003 Page 2 ,-\ <_J Mr. Bednarz discussed the history and staff report with the Commission. Commissioner Gamache asked if they were considering the stubbing of lots 5 and 6 being a mistake. Mr. Bednarz stated he did not, but a decision was made that the potential for a future split existed. Commissioner Jasper stated there is a question in the applicant's letter in regards to buildability. He asked iflot five could be built on, as it exists. Mr. Bednarz stated lot five does not have the ability to be built on because it has been combined with lot 6 [ which has already been built on. Commissioner Kirchoff stated the 117 feet was created when they took the fifty feet in 1978. Mr. Bednarz stated it was correct. Commissioner Jasper stated in 1978, was the resolution filed with the County recorder. Mr. Bednarz stated it was. Commissioner Vatne noted the development on the other side of the street the lot size looked comparable. Commissioner Greenwald stated in width they would but not in depth. Commissioner Vatne stated he asked this question for clarification in the relative / '. lot size of the homes in the neighborhood. ' ) ,__ --,_J Motion by Greenwald, seconded by Gamache, to open the public hearing at 7:12 p.m. Motion carried on a 7 -ayes, O-nays, O-absent vote. Mr. Wade Petersen, owner of the property stated when he purchased the property a year and a half ago; he was led to believe the lots were split-able which encouraged him to buy the property. He stated with the City going forward with the variance, it would benefit the City because they already have the hook up there. Commissioner Gamache questioned who owned the acreage to the west and if the person who owned the land still used the buildings. He asked if they could purchase the fifty feet back to make the land split-able. Commissioner Greenwald stated they would need a variance for this because the building is probably too close to the property line. Commissioner Jasper asked Mr. Peterson if the fifty feet is acquirable. Mr. Petersen stated the owner uses the buildings and has a driveway on the fifty feet to access the buildings. He stated the neighbor had an easement to access the building. Mr. Peterson stated he believed the property owner would not want to sell because he is still using the buildings frequently. Chairperson Daninger stated in the letter Mr. Petersen wrote, who led him to believe the r) lots were split-able. Mr. Petersen stated the realtor said they could be split and they went "-----'" Regular Andover PlannQand Zoning Commission Meeting 0 Minutes - February 25, 2003 ,,-', Page 3 J "'-j to the City to find more information and did not find out about it not being split-able until they wanted to split the land. Mrs. Diana Petersen, 331 157th Avenue NW stated before the property was purchased, the land was platted out and they thought they could split the land and if they knew the property was not able to be split, her son would not have purchased the land. Commissioner Gamache asked if the land were split, would the access need to be moved from Andover Boulevard to Bluebird Street. Mr. Bednarz stated he talked to Mr. Petersen in regards to this and it was agreed this would happen. Motion by Kirchoff, seconded by Gamache, to close the public hearing at 7:23 p.m. Motion carried on a 7-ayes, O-nays, O-absent vote. Commissioner Kirchoff stated there were a combination of things that were done over the years which contributed to the situation and he would like to finally correct the situation and move forward with this. Commissioner Jasper stated he disagreed because he believed the problems were fixed in 1978. He stated in the County records, it indicates the land is not split-able. Commissioner Kirchoff stated in 1994, the City put in the additional stub and he would like to see the City recoup the costs. ,,- -', Commissioner Vatne stated he thought the minutes in 1978 were inconsistent with each ',,) other and opens the door for a potential split. Commissioner Greenwald agreed and in his opinion, part of the hardship was the fact that utilities were roughed in allowing a possibility of a split. Commissioner Gamache stated he believed the City created a hardship by creating this in 1978. Commissioner Falk stated conditions change and he would be in favor of this. Commissioner Greenwald stated this would look similar to the other plats in the area. Chairperson Daninger stated there are other things to take into consideration. He stated the City continues to change as it grows and sometimes situations are created over time that need to be corrected. He stated there is a benefit to public safety by moving the existing access onto Bluebird Street. There is also the issue of recouping the investment in utilities. Commissioner Jasper stated the minutes from February 1978 were not reviewed by anyone before the decision to buy the property. He stated the only hardship he could see was monetary which did not seem appropriate. Commissioner Greenwald stated the City may not have read the minutes from 1978 either before roughing this in. CJ Regular Andover PlannQ and Zoning Commission Meeting (j Minutes - February 25, 2003 / - , '. Page 4 I ,,_J Motion by Greenwald, seconded by Kirchoff, to recommend to the City Council approval of Resolution No. _, approving the lot split. Motion carried on a 6-ayes, I-nays (Jasper), O-absent vote. Mr. Bednarz stated that this item would be at the March 18, 2003 City Council meeting. PUBLIC HEARING: V ARlANCE (03-03) TO ORDINANCE 8, SECTION 6.02 TO VARY FROM THE 50 FOOT BUILDING SETBACK FROM COUNTY ROADWAYS FOR NORTHERN NATURAL GAS AT 4517 VALLEY DRIVE NW (CSAH 58). Mr. Bednarz explained that the applicant is requesting a variance to the setback from County Road 58 (Valley Drive) to locate a building within an existing easement on the subject property. The structure would contain an above ground tank used to odorize a branch of the natural gas pipeline that originates on the property. This project is intended , to achieve compliance with recently changed federal regulations that require branch lines i off of the natural gas system to be odorized. Mr. Bednarz discussed the staff report with the Commission. / -'\ Commissioner Gamache asked if the building size was comparable to the building at the I other site. Mr. Leland Mann, Northern Natural Gas, stated it would be considerably I '-J smaller. Commissioner Vatne requested on page nine, he would like clarification of the landscape plant material. He asked if this was something that staff would get involved with or was it part of the proposal itself. Mr. Bednarz stated in the easement agreement, the landscaping language is by mutual consent between the property owner and Northern Natural Gas. Motion by Greenwald, seconded by Gamache, to recommend to the City Council approval of Resolution No. _, approving the variance to the County Road setback requirements and the fencing requirements based on the proposed findings by staff. Commissioner Gamache stated they would need to be careful in locating landscaping because of the busy comer and they would not want anything blocking the view. Commissioner Vatne asked with the addition of the building, would this fit into the area. I Commissioner Gamache stated it would. Commissioner Falk asked who would do the upkeep on the area. Mr. Mann stated it would be Northern Natural Gas responsibility. Mr. Bednarz stated the County would , continue to mow the right-of-way. / '\ 0 Regular Andover PlannQ and Zoning Commission Meeting () Minutes - February 25, 2003 ( -, Page 5 -- J Mr. Falk asked if the property owner had any concerns. Mr. Bednarz stated Mr. Kvanbeck's concern is by granting a variance for gas, if it would affect future plans for development. He stated he responded to Mr. Kvanbeck that the City considers variances on a case by case basis. Commissioner Jasper asked if the variance is granted, at that point do they have to do a commercial site plan for vegetation and location of the building. Mr. Bednarz stated they would. Motion carried on a 7 -ayes, O-nays, O-absent vote. Mr. Bednarz stated that this item would be at the March 18, 2003 City Council meeting. OTHER BUSINESS. Mr. Bednarz updated the Planning Commission on related items. Commissioner Jasper asked when there is a public hearing and when there is not one. Chairperson Daninger stated normally there are public hearings for all items except for variances. Mr. Bednarz stated in the zoning ordinance handed out at the meeting, there is /' .', information regarding public hearings. , I ADJOURNMENT. Motion by Kirchoff, seconded by Gamache, to adjourn the meeting at 7:50 p.m. Motion carried on a 7 -ayes, O-nays, O-absent vote. Respectfully Submitted, Sue Osbeck, Recording Secretary TimeSaver Off Site Secretarial, Inc. , -., '~