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HomeMy WebLinkAboutSeptember 24, 2002 , " o '0 o ~U-C UJ1i:t;tuJ CITY of ANDOVER PLANNING AND ZONING COMMISSION MEETING ~ SEPTEMBER 24, 2002 The Regular Bi-Monthly Meeting ofthe Andover Planning and Zoning Commission was called to order by Vice Chairperson Dean Daninger on September 24,2002, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Vice Chairperson Dean Daninger, Commissioners Douglas Falk,TonyGamache, Rex Greenwald, and Paula Larsen. Commissioners absent: Chairperson Jay Squires and Commissioner Tim Kirchoff. Also present: City Planner, Courtney Bednarz Community Development Director, Will Neumeister Others / "'\ \J APPROVAL OF MINUTES. -~ o September 10, 2002 Motion by Greenwald, seconded by Gamache, to approve the minutes as presented. Motion carried on a 5-ayes, O-nays, 2-absent (Chairperson Squires and Commissioner Kirchoff) vote. VARIANCE (02-10) ,TO VARY FROM SIDE YARD SETBACK FOR EXISTING STRUCTURE LOCATED AT 17536 QUAY STREET NJv. Mr. Bednarz explained that the applicant is seeking approval of a proposal to build a 24- foot by 24-foot addition onto the second level above the existing garage. The home is non-conforming due to its 20-foot corner side yard setback where 40 feet is the minimum allowable in the R-3 zoning district. A variance is needed to correct the non-conforming status of the existing home to allow the project to move forward. The addition over the garage on the south side of the home will not change the existing setbacks of the home in relation to 176th Avenue. Mr. Bednarz showed maps and discussed the Ordinance with the Commission. He noted all future structures must be constructed in conformance with applicable ordinances. Staff recommended approval of the proposed variance. I CUV 1D-'j-6~ J 0 Regular Andover Planni~o and Zoning Commission Meeting Minutes - September 24, 2002 Page 2 / '\ \~ Vice Chairperson Daninger asked for comments from the public. There being no comments he asked for a motion. Motion by Greenwald, seconded by Gamache, to recommend to the City Council approval of Resolution No. _, approving Variance 02-10 to vary from the side yard setback for an existing structure located at 17536 Quay Street NW. Motion carried on a 5-ayes, O-nays, 2-absent (Chairperson Squires and Commissioner Kirchoff) vote. Mr. Bednarz stated that this item would be before the Council at the October 15,2002 City Council meeting. PUBLIC HEARING: LOT SPLIT (02-09) TO CREATE A NEW RESIDENTIAL PROPERTY FROM PROPERTY LOCATED AT 16030 MAKAH STREET NW. Mr. Bednarz explained that the property owner is seeking approval of a proposal to divide the subject property into two rural residential lots with a variance to the 300-foot minimum lot width for one of the lots. Based upon information just gained from the applicant, it appears that the property is slightly greater than 5 acres in size according to Anoka County records. Mr. Bednarz indicated this would mean both of the new lots would meet the 2.5 acres minimum, but one lot would still require a variance for lot width. /' i~ Mr. Bednarz noted a natural gas pipeline runs diagonally through the property. A fifty- foot wide easement exists over the pipeline. There remains sufficient space to locate a house on the new property that would be created if the lot split is approved. Mr. Bednarz stated it is important to note that a lot split for the subject property was denied by the City Council on July 15, 1997. Resolution R166-97 and the minutes from that meeting have been provided for the Commission's review. He advised that staff is not recommending in favor of the proposed lot split based on the lack of appropriate findings to justifY the variance to the minimum lot width requirement. The lot width of one of the proposed lots would be significantly below the 300- foot minimum lot width and may set a precedent for similar lot splits in the future. He stated, in the past, other lots splits have been approved with less than 2.5 acres per lot but with this request staff recommends denial based on the fact it does not meet the R-l zoning requirements. Commissioner Greenwald asked where some of the past lot splits were approved in the City. Mr. Bednarz reviewed a location map with the Commission. Commissioner Gamache reiterated this request was denied in 1997 for lack of hardship and asked if the curvature of the roadway could be considered a hardship. Mr. Bednarz (J Regular Andover PlannOand Zoning Commission Meeting 0 Minutes - September 24, 2002 Page 3 /-- "- <) stated this could be considered a hardship, but stated this lot was also 9 feet short of the proper lot width even at the widest portion of the lot. Commissioner Falk asked for the location of the easement on this lot. Mr. Bednarz sketched the easement on the site map and reviewed the survey of this lot with the Commission. Commissioner Falk asked if the easement followed the proposed lot split line. Mr. Bednarz noted the easement was close to the line, but would fall onto one lot more than the other. Commissioner Falk questioned if this property was within the MUSA. Mr. Bednarz noted this was outside the MUSA at this time, thus requiring well and septic. Motion by Gamache, seconded by Greenwald, to open the public hearing at 7:16 p.m. Motion carried on a 5-ayes, O-nays, 2-absent (Chairperson Squires and Commissioner Kirchoff) vote. o .lohn Moore, 16030 Makah Street NW, the applicant, explained there was not a survey on this property because a variance was needed and he was seeking a decision before incurring that expense. Mr. Moore stated six lot splits have occurred within his neighborhood. Mr. Moore noted he required a variance only for lot width due to the curvature of the road and not on the lot size as each lot would be 2.5 acres. Pat Monroe, 15961 Makah Street, noted she has been present to fight numerous lot splits within her neighborhood. She indicated she purchased a home in this neighborhood 15 years ago and stated she would like to see the lots to remain 5 acres. Ms. Monroe noted she was present at the 1997 request for a lot split and noted she was against it then and now. Jean Fudge, 16005 Makah Street, indicated she purchased her land 22 years ago with the idea of having a lot that was 5 acres. She stated she has been told that the city has allowed lot splits along ih A venue but not along Makah Street. Ms. Fudge noted she wants to keep the traffic flow down along Makah Street and does not want this item approved. Mr. Moore understood the feelings of his neighbors but stated they must take into consideration there has been six lot splits to date, but that none access Makah Street. He noted the lot splits have occurred to those properties along ih A venue. Mr. Moore indicated his proposed split would not increase the density and traffic along Makah Street substantially. o Mr. Moore stated he spoke with the County Surveyor and noted all of the lots north of him are short of 5 acres. He noted his one lot being added would compliment homes across the street. , , 0 Regular Andover Plannittland Zoning Commission Meeting Minutes - September 24, 2002 Page 4 u Commissioner Larsen asked if there were covenants within this neighborhood stating the 5 acres must remain. Mr. Bednarz noted there were no covenants and that this neighborhood .was regulated by the 2.5 acres minimum as stated within the R-I zoning district. Vice Chairperson Daninger asked if a registered land survey had been completed on the proposed lot split. Mr. Moore noted he has a survey of the 5-acre lot but not the split due to the fact he wasn't sure if the Commission would ask him to change the lot split location. Mr. Bednarz noted staff was provided with a survey verifying the size of the property noting it was in excess of 5 acres. Commissioner Falk asked if the City should know where this lot split line was before it was recommended for approval. Mr. Bednarz stated a line could be sketched on the 5- acre survey if desired by the Commission. Vice Chairperson Daninger asked if the property to the south was contacted to purchase additional land. Mr. Moore stated he felt this wasn't an option because they may propose a lot split in the future. He then reviewed a tentative lot split location with the Commission. o Motion by Gamache, seconded by Larsen, to close the public hearing at 7:34 p.m. Motion carried on as-ayes, O-nays, 2-absent (Chairperson Squires and Commissioner Kirchoff) vote. Commissioner Greenwald asked if the both lots met the 300-1ot width and 2.5 acres ifit would be automatically approved. Mr. Bednarz stated the city would likely be compelled to approve it. Commissioner Greenwald stated he felt this was a problem due to the concerns aired by the neighbors. Commissioner Greenwald stated he feels there is no hardship with this request as the applicant has brought this before the Commission for a second time, being denied the first time due to lack of hardship. Commissioner Greenwald reminded staff to show the correct lot size at 5 acres, to the Council when this item goes before the Council for their consideration. Motion by Falk, seconded by Greenwald, to recommend to the City Council denial of Resolution No. , denying Lot Split 02-09 to create a new rural residential property from property located at 16030 Makah Street NW based on the fact the does not meet the minimum lot width requirements of city ordinance and has no hardship. Motion carried on a 5-ayes, O-nays, 2-absent (Chairperson Squires and Commissioner Kirchoff) vote. Mr. Bednarz stated that this item would be before the Council at the October 15,2002 ,/~\ City Council meeting. U Regular Andover PlannQand Zoning Commission Meeting 0 Minutes - September 24, 2002 Page 5 () PUBLIC HEARING: CONSIDER AMENDMENT TO ORDINANCE 8, SECTION 4.19 TWO FAMILY HOME CONVERSIONS AND ORDINANCE 8, SECTION 7.03 SPECIAL USES TO ESTABLISH REQUIREMENTS FOR CONVERTING ATTACHED TWO-FAMILY DWELLINGS TO ALLOW SEPARATE OWNERSHIP. Mr. Neumeister reviewed that the EDA and City Council have had discussions over the past few months that there should be provisions to split duplexes for separate ownership. The Zoning Ordinance allows for it, however the language that is currently in the ordinance needs minor changes to bring it up to date. Mr. Neumeister reviewed the Uniform Building and Fire Code requirements with the Commission. He stated it should be noted that some situations may warrant granting variances to the zoning provisions since the units were built prior to any zoning regulations being created for them. Mr. Neumeister noted that the City removed duplexes from the R-1 through R-4 Zoning Districts on August 3, 1999. Currently duplexes that exist in these zones are non- conforming structures. If the property owner would split the duplex units for separate owner occupancy, then the units would become conforming, as they would be considered "single family attached" once the split is properly done. ( ') Mr. Neumeister further discussed his staff report with the Commission. It is '-.J recommended that Section 7.03 have language added allowing them by special use permit (subject to the conditions previously stated). Staff is recommending approval of Ordinance 8 to establish requirements for converting attached dwellings to allow separate ownerships. Vice Chairperson Daninger asked if the proposed garage size was reasonable. Mr. Neumeister stated 440 square feet was the size of a standard two-car garage. Commissioner Falk questioned if the exterior of these buildings had to be maintained uniformly. Mr. Neumeister stated this was the case with both the paint and shingles. Motion by Greenwald, seconded by Larsen, to open the public hearing at 7:49 p.m. Motion carried on a 5-ayes, O-nays, 2-absent (Chairperson Squires and Commissioner Kirchoff) vote. There was no public input. Motion by Greenwald, seconded by Gamache, to close the public hearing at 7:49 p.m. Motion carried on a 5-ayes, O-nays, 2-absent (Chairperson Squires and Commissioner Kirchoff) vote. "J Regular Andover PlannOand Zoning Commission Meeting 0 Minutes - September 24, 2002 Page 6 ( ..' Commissioner Greenwald asked why this was being readdressed at this time. Mr. Neumeister stated the Council was looking to lift the multi-family moratorium in October and as a part of reviewing all ordinances for multi-family, it was apparent that this section needed to be updated. Motion by Greenwald, seconded by Gamache, to recommend to the City Council approval of Ordinance No. _, approving the amendment of Ordinance 8, Section 4.1 9, Two Family Home Conversions, and Ordinance 8, Section 7.03, Special Uses, to establish requirements for converting attached two-family dwellings to allow separate ownership. Motion carried on a 5-ayes, a-nays, 2-absent (Chairperson Squires and Commissioner Kirchoff) vote. Mr. Bednarz stated that this item would be before the Council at the October 1, 2002 City Council meeting. PUBLIC HEARING: CONSIDER AMENDMENT TO ORDINANCE 8, SECTION 7.01 AND 7.03 TO ESTABLISH THAT APARTMENTS SHOULD BE REMOVED FROM PERMITTED USES IN THE MULTIPLE DWELLING (M-1 AND M-2 ZONING DISTRICTS), AND ALLOWED ONLY BY SPECIAL USE PERMIT IN EA CH OF THOSE ZONING DISTRICTS. Mr. Neumeister reviewed that at the August 20, 2002 Council meeting, interest was expressed in making additional changes in the City's Ordinances related to multi- \ ~ family rental housing, how they are reviewed for approval and the licensing of them. He presented his staff report which provided recommendations for changes to current codes regulating multi-family rental housing. Mr. Neumeister noted that another report before the Planning Commission describes the licensing requirements and how staff would recommend changes in that area also. Mr. Neumeister further discussed his staff report with the Commission. He stated the Planning Commission is asked to review staff recommendations and recommend to the City Council that the Zoning Ordinance be amended. Motion by Falk, seconded by Gamache, to open the public hearing at 7:54 p.m. Motion carried on a 5-ayes, O-nays, 2-absent (Chairperson Squires and Commissioner Kirchoff) vote. There was no public input. Motion by Gamache, seconded by Falk, to close the public hearing at 7:54 p.m. Motion carried on a 5-ayes, O-nays, 2-absent (Chairperson Squires and Commissioner Kirchoff) vote. Motion by Gamache, seconded by Falk, to recommend to the City Council approval of --., Ordinance No. _, amending Ordinance 8, Section 7.01 and 7.03 to remove o Regular Andover PlannOand Zoning Commission Meeting 0 Minutes - September 24, 2002 Page 7 (J Apartments from Permitted Uses in the Multiple Dwelling (M-l and M-2) Zoning Districts and allow Apartments only by Special Use Permit in the Multiple Dwelling (M-l and M-2) Zoning Districts. Motion carried on a 5-ayes, O-nays, 2-absent (Chairperson Squires and Commissioner Kirchoff) vote. Mr. Bednarz stated that this item would be before the Council at the October 1, 2002 City Council meeting. PUBLIC HEARING: CONSIDER AMENDMENT TO ORDINANCE 266, RENTAL HOUSING REVISING PROPERTY MAINTENANCE STANDARDS FOR RENTAL HOUSING. Mr. Neumeister advised that the City Council has discussed over the past few months that there should be a detailed review of the City's codes related to rental housing, which is Ordinance #266. He presented his staff report, which highlighted what Andover currently has in place, what ordinances other cities have for regulating rental housing, and suggestions for potential changes to the current Ordinance. Mr. Neumeister stated staff has reviewed Andover's as well as four other cities rental housing maintenance standards and licensing requirements. A full copy of each ordinance has been provided for the Commission's review. Mr. Neumeister noted the brief summary contained in his staff report of each city's code. o Mr. Neumeister explained that in discussing the issue of updating this Ordinance with the City's Jaw enforcement staff, it was recommended that adjustments be made to make it more like Brooklyn Park. He noted that it is apparent that the Brooklyn Park ordinance goes into great detail to assure that the landlords of apartments will be screening tenants, and proactive in limiting incidents and police calls. Mr. Neumeister reviewed several key points within the "draft" Ordinance with the Commission. He stated the "draft" Ordinance #266A is patterned after Brooklyn Park's and recommended that existing Ordinance #266 be repealed in its entirety and replaced with the entire new text that is patterned after the Brooklyn Park Ordinance. Commissioner Greenwald asked how many rental units were within the City of Andover at this time. Mr. Neumeister stated there were roughly 200 units. Commissioner Greenwald questioned if this document was too strict for the city at this time, as it does not have the rental property numbers similar to Brooklyn Park. Mr. Neumeister stated this could be the case, but noted the City Council wanted to be proactive on this issue. o Commissioner Greenwald asked what the potential was for additional rental properties in the near future. Mr. Bednarz stated there was not a huge potential for increasing the number of rental properties within the city at this time. /"\, \J (J o Regular Andover Plannf:Jand Zoning Commission Meeting 0 Minutes - September 24, 2002 Page 8 Commissioner Gamache asked if maintenance issues should be addressed within this Ordinance. Mr. Neumeister stated there was a separate Ordinance to address maintenance. Vice Chairperson Daninger asked ifthere was any feedback from the City of Brooklyn Park on their Rental Housing Ordinance. Mr. Neumeister stated thus far it has been a positive force in helping the City deal with unruly tenants and in reducing police calls. Commissioner Gamache stated he would like to see the city remain proactive on this issue and not get behind or create a problem for the future with run down rental properties. Commissioner Larsen asked if any feedback has been received from the landlords in Brooklyn Park. Mr. Neumeister stated he has not heard anything to this point but stated the landlord's coalition began this movement to avoid problems within their units. Motion by Falk, seconded by Gamache, to open the public hearing at 8:16 p.m. Motion carried on a 5-ayes, O-nays, 2-absent (Chairperson Squires and Commissioner Kirchoff) vote. There was no public input. ftlotion by Greenwald, seconded by Larsen, to close the public hearing at 8: 16 p.m. Motion carried on a 5-ayes, O-nays, 2-absent (Chairperson Squires and Commissioner Kirchoff) vote. Commissioner Greenwald asked that the call ratio be adjusted to reflect more realistic numbers within the City of Andover. Commissioner Gamache agreed and asked that the Anoka County Sheriffs Department be brought in on discussions of realistic ratio numbers. Vice Chairperson Daninger advised staff to have additional findings from the City of Brooklyn Park when this item is presented to the Council, along with updated ratio information. He stated he was in favor of having good quality tenants within the City of Andover. Commissioner Gamache questioned how much of a burden would be placed on the Sheriffs Department if a call ratio level was set. Mr. Neumeister stated the Planning Commission at a future meeting could revisit the call ratio issue if desired or could be approved contingent on reviewal by the Sheriffs Department. Vice Chairperson Daninger proposed having a call ratio review with the Sheriffs Department at the time of license renewal. Commissioner Greenwald stated he would be Regular Andover PlallllC~)and Zoning Commission Meeting . () Minutes - September 24, 2002 Page 9 /- ~"'\ U in favor of approving this item with the call ratio item to be brought before the Council for further discussion. Motion by Greenwald, seconded by Gamache, to recommend to the City Council approval of Resolution No. _, recommending the adoption of Ordinance #266A that Ordinance #266 be repealed in its entirety and replaced with the entire new text that is patterned after the Brooklyn Park Ordinance with staff reviewing and making recommendations to Council with regard to the ratio of calls to a rental property, and addressing the license renewal process and having the Sheriffs Department involved. Motion carried on a 5-ayes, O-nays, 2-absent (Chairperson Squires and Commissioner Kirchoff) vote. Mr. Bednarz stated that this item would be before the Council at the October 1, 2002 City Council meeting. PUBLIC HEARING: CONSIDER AMENDMENT TO ORDINANCE 10, SECTION 6, SKETCH PLAN AND SECTION 7, PRELIMINARY PLAT, TO CONFORM WITH STATE STATUTE REGARDING PROCESSING OF APPLICATIONS. o Mr. Bednarz explained that staff is proposing to adjust language within Ordinance 10 to ensure that plat review is conducted in compliance with State Statute 462.358 Procedure for plan effectuation; subdivision. He noted that State Statute provides requirements for municipalities to follow during the review of plats. These requirements dictate that cities respond to the applicant within ten days of a plat submittal to establish whether a submittal is complete or not. Cities have 60 days to review and act on plat submittals. The review period can be extended by the City to 120 days provided there is some justification for the extension. Only the applicant can extend the review period beyond 120 days. Mr. Bednarz advised that Ordinance 10 requires a sketch plan to be completed prior to review of a preliminary plat. Sketch plan review consists of staff, Planning Commission and City Council review. This level of review takes a minimum of 45 days. Plat review follows a similar process, although a much greater amount of time is spent on staff review as the applicant and staff work through the details of the proposal to ensure compliance with City Ordinances. He noted that the current process will not allow plats to be acted upon by the City within the 60 days allowed by state Statute. Given that Cities are not allowed to automatically extend review of applications to 120 days; an adjustment needs to be made. Mr. Bednarz explained that as a result, it is necessary to modify Ordinance 10 to ensure that the City's platting process conforms with State Statutes. The City Attorney has suggested a minor adjustment to the Sketch Plan language, to make it permissive rather than mandatory as noted within the staff report. This would conceivably allow the platting process to be completed within the 60 days allowed by State Statute. o Regular Andover Plana and Zoning Commission Meeting 0 Minutes - September 24, 2002 Page 10 -, ( \ \..j Vice Chairperson Daninger asked when sketch plans were added to the City requirements. Mr. Bednarz noted this began in 1999. Vice Chairperson Daninger stated he felt the sketch plan was a useful tool in educating residents of potential developments but understood this had to do with State Statute. Mr. Neumeister stated all developers would still be completing sketch plans to gain feedback from neighbors before they assume the expense of platting a large development. Motion by Falk, seconded by Greenwald, to open the public hearing at 8:32 p.m. Motion carried on as-ayes, O-nays, 2-absent (Chairperson Squires and Commissioner Kirchoff) vote. There was no public input. Motion by Larsen, seconded by Greenwald, to close the public hearing at 8:32 p.m. Motion carried on a 5-ayes, O-nays, 2-absent (Chairperson Squires and Commissioner Kirchoff) vote. Commissioner Greenwald stated he understands the added expense does not warrant the sketch plan. Motion by Gamache, seconded by Falk, to recommend to the City Council approval of C') Resolution No. _, amending Ordinance 10, Section 6, Sketch Plan, and Section 7, J Preliminary Plat, to conform with State Statutes regarding processing of applications. Motion carried on as-ayes, O-nays, 2-absent (Chairperson Squires and Commissioner Kirchoff) vote. Mr. Bednarz stated that this item would be before the Council at the October 15, 2002 City Council meeting. OTHER BUSINESS. Mr. Bednarz updated the Planning Commission on related items. He mentioned that a sewer and water study for future urban development beyond the current 20/20 MUSA boundary was being conducted and would be ready for discussion in October or early November. Mr. Bednarz noted the Rural Reserve Study information would be posted on the City website and would also be available at City Hall for the public to review. He noted information for the 2030 Blueprint was also provided at www.metcounciI.org. Commissioner Greenwald asked for further information on the sports complex. Mr. Bednarz indicated costs are being reviewed and tasks are being broken down at this time, with funding being the main concern. o \ ( " .,j .J '--' Regular Andover PlamCJ and Zoning Commission Meeting () Minutes - September 24,2002 Page 11 Commissioner Greenwald asked when a signal light would be added to Andover Boulevard and Hanson Boulevard. Mr. Bednarz stated this is not on the short-term 5- year plan but stated a signal light would be added at Crosstown and Hanson Boulevards by the end of October. Commissioner Greenwald questioned what concerned citizens could do to address the signal light needed at Andover Boulevard and Hanson Boulevard. Mr. Bednarz stated residents could contact the highway department and Anoka County with their concerns. ADJOURNMENT. Motion by Falk, seconded by Gamache, to adjourn the meeting at 8:41 p.m. Motion carried on a 5-ayes, O-nays, 2-absent (Chairperson Squires and Commissioner Kirchoff) vote. Respectfully Submitted, Heidi Guenther, Recording Secretary TimeSaver Off Site Secretarial, Inc.