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HomeMy WebLinkAboutJanuary 28, 2003 u Ü ClfYUittiuL ~~II-03 / " CITY of ANDOVER '\.....) PLANNING AND ZONING COMMISSION MEETING - JANUARY 28, 2003 The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Dean Daninger on January 28,2003, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Chairperson Dean Daninger, Commissioners Tony ,Gamache, Rex Greenwald, Jonathan Jasper,. Tim Kirchoff, and Dean Vatne. Commissioners absent: Commissioner Douglas Falk Also present: City Planner, Courtney Bednarz APPROVAL OF MINUTES. , " \ \J January 14,2003 Motion by Greenwald, seconded by Jasper, to approve the minutes as presented. Motion carried on a 5-ayes, O-nays, I-present (Kirchofl), I-absent (Falk) vote. VARIANCE (03-02) TO VARY FROM THE BUILDING SETBACK FROM COUNTY ROADWAYS FOR EXISTING STRUCTURE ON PROPERTY LOCATED AT 3595 143RD A VENUE NW. Mr. Bednarz explained that the applicant is requesting a variance to accommodate an existing house that is adjacent to Round Lake Boulevard (CSAH 9). The existing house has a 39-foot setback from the existing Round Lake Boulevard right-:of-way. The proposed county roadway improvement project will take ten fèet from the subject property for additional right-of-way. The existing house will be left with a 29 foot setback fromthis future right-of-way line. Fortunately the house is angled such that only a portion of the garage encroaches into the building setback area. Mr. Bednarz stated the existing structure is legal non-conforming. This means that the structure may continue to be used as a residential dwelling until it is damaged beyond / \ 50% of its assessed value. At that time the structure would be required to be J u Ü Regular Andover Planning and ZQning Commission Meeting Minutes - January 28, 2003 Page 2 / '\ " / reconstructed in conformance with the current setback requirements. Additionally, the '~ city will not issue building permits to expand non-conforming structures. This means that the homeowner would be limited to maintenance of the existing structure and could not construct an addition'to the house or garage. This also affects the marketability of the property. Commissioner Kirchoff asked for explanation of the temporary status. Mr. Bednarz indicated it is considered temporary due to the condition that if the home is damaged beyond 50% of its assessed value it could not be rebuilt as it is today, it would have to be moved back on the property. Commissioner Kirchoff noted there are 71 properties affected by the reconstruction on County Road 9. He asked if the Commission would need to look at all 71. Mr. Bednarz stated that the number of properties affected by this project that are currently conforming, and would become non-conforming as a result of the project, is only three. He indicated the Commission may see variance requests for these. He stated that the city worked with the county to evaluate all affected properties and made preliminary recommendations on whether variances would be necessary or warranted for each property within the project area. Staff subsequently hosted a neighborhood meeting with the county to answer questions. He indicated the number the Commission will see that are related to the project will be fairly small, and will need to be considered separately. , \ \'-) Commissioner Greenwald asked why the variance was being requested at this time. Tami Gnat, 3595 143rd Avenue NW indicated the road is close to their house now and will be even closer with the widening. They have considered changing the garage into a living room and building a new garage on the back of the house. Chairperson Daninger asked ifthe applicant was comfortable with the temporary status and the verbiage staff has used. Ms. Gnat stated she didn't know the setback was currently 50 feet, they thought it was 40 feet, so that was a surprise to her that they are already so far out of confonnance. Mr. Bednarz indicated the property location on the zoning map. He stated that the zoning is R-3, Single Family Urban, whereas it was originally believed to be R-4, which provides a setback of 40 feet versus the 50 feet required in R-3 zoning. Commissioner Greenwald asked if when the county does a project that puts a house out of confoTInance, does it put it in jeopardy if 50% of the house suffers damage such as a fire. He questioned that the County just says 'we're expanding and putting in a sidewalk', then a whole row of houses become non-confonning. Mr. Bednarz indicated that can happen. He indicated there were three properties in that scenario with this project. :_J u 0 Regular Andover Planning and Zoning Commission Meeting Minutes - January 28, 2003 Page 3 / "- I Commissioner Greenwald asked if those homeowners were aware of this. Mr. Bednarz " I . ../ indicated they were. He stated the county and city have been in contact with the homeowners so they are aware of the change. Commissioner Greenwald indicated it would be a little difficult for the Commission to deny a variance request under these circumstances. Mr. Bednarz reminded the Commission that this particular property was non-conforming before the County project was proposed. He indicated staff was recommending approval in this case to encourage reinvestment and to avoid a red flag for mortgage companies. Commissioner Greenwald indicated the only reason he would not want to approve this request is to not set a precedence for the next one or two or a dozen. Commissioner Vatne asked if Ms. Gnat was the original owner of the home. She indicated they had purchased it 3~ years ago. Commissioner Vatne asked if they were aware it was non-conforming when they purchased the home. Ms. Gnat indicated if it was in the papers, they did not read that far. Commissioner Vatne asked if they only recently became aware of the situation. Ms. Gnat stated yes, when the County project came up is when they became aware. I . " \ U Commissioner Greenwald asked under what circumstances the home became non- conforming, whether it was a change in ordinance or what. Mr. Bednarz indicated the home was constructed before a setback ::from county roads was adopted. Commissioner Jasper stated Staff is suggesting that if the home is damaged more than 50%, it must be rebuilt to be conforming. He asked if the applicant was okay with that scenario. Ms. Gnat indicated she was. Commissioner Jasper asked if there was room on the property to do that. Mr. Bednarz indicated the same home could be built to meet the setbacks, but a significantly larger home may be a problem. Motion by Kirchoff, seconded by Greenwald, to recommend to the City Council approval of Resolution No. 03-02, approving the Variance Request for Joel and Tammy Gnat to Reduce the Building Setback from County Roadways to 29 Feet for the life of the Existing Structure Located at 3595 143rd Avenue NW (P.LD. 29-32-24-42-0062) Legally described as: Lot 4, Block 2, Andover Boundary Commission Plat No. I, Anoka County, Minnesota. Motion carried on a 6-ayes, O-nays, I -absent (Falk) vote. Mr. Bednarz stated that this item would be before the Council at the February 4,2003 City Council meeting. - / ,...) 0 0 Regular Andover Planning and Zoning Commission Meeting Minutes - January 28, 2003 Page 4 ,-- \ \~ PUBLIC HEARING: REZONING (03-02) TO CHANGE THE ZONING DESIGNATION FROM SINGLE FAMILY RURAL RESIDENTIAL (R-1) TO SINGLE FAMILY URBAN RESIDENTIAL (R-I) FOR PROPERTY LOCATED AT 1021 CROSSTOWN BOULEVARD NW. Mr. Bednarz explained that this application had been withdrawn. He stated the property is north of Crosstown Boulevard. He indicated that the application was withdrawn in large part because it would not meet the January 31 st approval to receive public approval this year. He indicated the process was started late last year and didn't make the timeline required. He added that the application may be back before the Commission later this year. OTHER BUSINESS. Mr. Bednarz indicated the Commission had been sent away with some homework at the last meeting. He stated each Commissioner had been asked to drive around and give I some thought to their neighborhood, determining what they like or do not like. He asked if the Commission would review those thoughts now. Commissioner Kirchoff mentioned that he is on the Transportation Advisory Committee, and stated the traffic study is almost complete in draft form. He stated they would be -" holding an Open House in February at City Hall. Mr. Bednarz indicated he will get that ( , information on the web site. : U Commissioner Greenwald stated he likes how recent developments have been laid out. He sees a lot of nice comer lots and thinks the developers have done a nice job. He indicated it is a unique area being built in Andover and he likes the big yards, but has noticed many big garages, which aren't as pleasing to the eye. He would like to see more house and less garage. Chairperson Daninger stated that when looking at accessory structures the Commission talked about garages. Commissioner Greenwald indicated many of the new garages have three or four stalls and when you drive up that is all you see. He added that he thinks the City has done a nice job with the streetlights. Chairperson Daninger stated this is all important when the Commission is looking at roads. He encouraged the Commissioners to look closely at the plat proposals that come before them. Commissioner Greenwald stated more and more developments are being completed i I abutting wetlands and developers are being creative on how they get in. He indicated one r\ pet peeve he has is how Andover Boulevard is 50 miles per hour until you hit Hanson, '-~ then it becomes 30 miles per hour between Hanson and Crosstown. He stated people 0 0 Regular Andover Planning and Zoning Commission Meeting Minutes - January 28, 2003 Page 5 " '. need to watch their speed through there and there should be better posting of the speed ',-J limit as well. Currently there is only one sign about the lower limit, and he would hate to see an accident through there that was so unnecessary. Chairperson Daninger agreed that speed on that road is an issue. He stated that while that may not be a Planning and Zoning Commission issue, they could look at not having such straight roads in the new developments. He indicated it was something for the Commission to be aware of. Commissioner Vatne indicated that the Transportation Study will be of great interest to him. He stated that how-traffic pulls-throagh Andover is a real chall~dLt'-{.~~'*=-to tJ'LL --.fì...8^N--I-'\ ß(:j(Y\(Y)u...u/) -t+v)6LLð1\ CLnðCl.J()J <M'1L1.. v.¿., 0- Vu.-Ct..-L ChfLLlLXìð<-'- (l1Y\X.JUw~ Commissioner Greenwald indicated he has friends and family in St. Francis and the ;) -/ 1-0..::> intersection at Hanson and Andover Blvd. is horrible already. He would hate to see it get worse. ; Commissioner Kirchoff indicated the Commission needed to provide guidance for developers on road design. Commissioner Greenwald advised that an article in the paper discussed the Osseo School District, and how that area controlled commercial development, consequently the homes - \ had to cover the school districts costs. He indicated Andover needs to look at this also. U Chairperson Daninger stated he would like Commissioner Kirchoff to update them regularly on traffic developments. He indicated he would like to look at ghost plots, which give the Commission opportunity to look at feeder streets and traffic around the area. Commissioner Greenwald stated that in front of City Hall where the street has been fixed, cars can no longer turn around. He questioned if the City was receiving calls, since cars have to go through a neighborhood in order to turn south. Mr. Bednarz stated when the open house is held all of the improvements contemplated by the updated transportation plan will be brought to light. Chairperson Daninger indicated they needed to brainstorm, maybe more genera] rather than local. Commissioner Kirchoff thanked Mr. Bednarz for the 2002 annual report. Chairperson Daninger c1arified for the new Commissioners that the document referred to was a type of a grading on how the Commission did last year. Mr. Bednarz indicated attendance was shown in the back, adding that the document was prepared by Jon Sevald, a City Intern. ; Commissioner Jasper indicated there seems to be abrupt changes where it goes from ,''\ urban growth to rural. He feels the City can be better at transition. ',--- ) 0 0 Regular Andover Planning and Zoning Commission Meeting Minutes - January 28, 2003 Page 6 ~~ , ) Chairperson Daninger indicated the plat discussed at the last meeting, off Round Lake '---I Boulevard, showed good transition. . Commissioner Jasper indicated Commissioner Greenwald had talked about overrun garages. He stated that the City View Farm development was also a good example of using the lot to fit the house. Commissioner Gamache referred to the Neighborhood Business Study, indicating it stopped with the area south of City Hall. He indicated the Commission needs to look at zoning and future commercial development north of City Hall. Mr. Bednarz indicated there was approximately 20 acres across Hanson fÌom City Hall zoned commercial. He indicated City Hall is at the north end of the commercial development, and they have the development by the grocery store to fill in as well. He doesn't feel they should go into rural areas and give business designations to sites yet, he would rather see current areas filled in fIrst, then he feels the Commission will have interested parties asking for additional commercial zoning in the future. Commissioner Vatne indicated Andover Station is a beautiful project. He would like to ¡ see more streets with biking and hiking trails. He thinks the new developments have been very well laid out. He indicated that while driving around, the residential parks f-"'" stand out. You cannot drive very far without seeing one, even if it is small. He also \ ) loves Andover's trees and open space. He indicated that distracters to the landscape '----....' include some junky areas that could be cleaned up better, which are accentuated with ; winter; also some rural lots with junked out cars. Other distracters are natural landfIlls and power lines, though he noted on landfills many trees have been planted to try and disguise the areas. He doesn't like the strip mall plans for older business developments, and would like to see some enhancements to Andover Center, similar to the Maple Grove downtown area. He stated that he hasn't seen many offices with manufacturing areas attached like you see in Champlin. He feels that Andover has the open space to accommodate this type of business and it would be good for the tax base. Chairperson Daninger indicated the reason for limited industrial development could be a ! matter of the transportation system. Businesses need to be able to get their people there, which Champlin has. He indicated that one of the items mentioned, junk cars, could be re-looked at. He asked ifthat was regulated by ordinance. Mr. Bednarz indicated that the city has an ordinance on vehicles that regulates where they can be parked, and that they need to be currently licensed. He stated that city policy is that when enforcing these, staff reacts to a complaint. He indicated this is a long- standing policy. Chairperson Daninger indicated that if it is based on complaint only, citizens may not know that. Chairperson Daninger mentioned it may be time to revisit the snowmobile regulations. i t:J While it is not a good year for snowmobiling, there may still be time. He indicated that ; - ü () Regular Andover Planning and Zoning Commission Meeting Minutes - January 28, 2003 Page 7 /- '~ : ) they had previously had a large discussion on snowmobiling but was looking for 'J Commission input on whether it was time to revisit. Commissioner Greenwald indicated he was an avid outdoorsman, but he was okay with the current ordinance. He stated that with the number of children in Andover and the way the City has grown, he is glad for the ordinance for safety reasons alone. He added that the hunting ordinance scares him. Chairperson Daninger indicated he doesn't know if it is time again to discuss these ordinances but asked the Commission to keep them in mind. Chairperson Daninger stated he also loves the trails. He indicated a lot of people are attracted to Andover because of the trail system. Commissioner Greenwald indicated the parks are important to keep in mind as well. He ¡ i stated it is difficult to get park time for sports right now. Commissioner Vatne stated he is happy with the hunting ordinance, adding he lives in a rural area and can wake up and hear shots during hunting season, however he hasn't heard of any problems or complaints by his neighbors. Chairperson Daninger asked if he was north of 160th. Commissioner Vatne indicated he was. -~ \ Mr. Bednarz stated he would take the Commissions comments back and keep them in r mind. , , J '---" Mr. Bednarz advised that the City Council had approved the Woodland Creek Golf Course project and City View Farm from the last meeting. He indicated that the next meeting would include a request from Constance Free Church and a revocation of a Special Use Permit for the Rademacher site on Crosstown Blvd., as a result of the Neighborhood Business Study. He indicated the study showed this was not an appropriate use of the land, and this is the last step to return it to residential. Commissioner Greenwald asked about the schedule for building of the new water site. Mr. Bednarz indicated it was to be completed by early summer. He stated it was taller than he had thought it would be. Commissioner Greenwald asked if there was any news on the sports complex. Mr. Bednarz stated the City was in the process of interviewing respondents to their request for design proposals. He stated they put out the RFP to determine how it could fit on the site, what it would look like, etc. He stated seventeen firms were being interviewed during an extensive two-week process, then it will go back to the City Council with updates. ADJOURNMENT. ; ./- ---, Motion by Greenwald, seconded by Gamache, to adjourn the meeting at 7:46 p.m. ',_ ...J Motion carried on a 6-ayes, O-nays, I-absent (Falk) vote. ¡ (~ () \ j , , Regular Andover Planning and Zoning Commission Meeting Minutes - January 28, 2003 Page 8 ,/-'. I , '- - Respectfully Submitted, Karen Whaley, Recording Secretary TimeSaver Off Site Secretarial, Inc. , .,.......,) ,.---, \, ./ --