Loading...
HomeMy WebLinkAboutAugust 13, 2002 (j u o ~ a.a..., u.rn.ttw q --I (J , 0 J-- CITY of ANDOVER PLANNING AND ZONING COMMISSION MEETING - AUGUST 13, 2002 The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Jay Squires on August 13,2002, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Chairperson Jay Squires, Commissioners Tim Kirchoff, Douglas Falk, Tony Gamache, Rex Greenwald, Dean Daninger, and Paula Larsen. Commissioners absent: There were none. Also present: City Planner, Courtney Bednarz Planning Intern, Jon Sevald Others ,'--, \0 Chairperson Jay Squires introduced Commissioner Paula Larsen to the Board. Ms. Larsen read the Oath of the Commission. "\ \.J APPROVAL OF MINUTES. July 23, 2002 Commissioner Daninger stated the motion to adjourn was by Commissioner Hedin. Motion by Daninger, seconded by Gamache, to approve the minutes as corrected. Motion carried ona 5-ayes, O-nays, 2-present (Larsen and Falk), O-absent vote. PUBLIC HEARING: VARIANCE (02-08) FOR REDUCTION TO FRONT SETBACKAT 17340 ROANOKE STREET NW (CSAH 7). Mr. Bednarz summarized the staff report. Commissioner Kirchoff asked what the seventy-five feet or greater on the hand drawn map was. Mr. Bednarz stated this was taken from the centerline of the roadway. Regular Andover Plannin~.nd Zoning Commission Meeting 0 Minutes - August 13, 2002 Page 2 r' \ ) J Chairperson Squires asked if the forty-foot setback was measured from the right-of-way. Mr. Bednarz stated it should be measured fifty feet from the right of way. Chairperson Squires asked if a public hearing is needed for a public hearing on a variance because the agenda states there is no public hearing but the report states there is a public hearing. Mr. Bednarz stated a public hearing is not required but the Commission could hold one. He stated the City's ordinance for variances does not require a public hearing be held. Motion by Daninger, seconded by Kirchoff, to open the public hearing at 7:10 p.m. Motion carried on a 7-ayes, O-nays, O-absent vote. Mr. John Larkin stated he is a neighbor to the applicant and asked for some clarification to the setback and how it applies. He stated he had plans in the future for having some work done and he wanted to know what the front yard setback was. Mr. Bednarz explained what the Ordinance is regarding the setback. Motion by Falk, seconded by Daninger., to close the public hearing at 7: 12 p.m. Motion carried on a 7 -ayes, a-nays, a-absent vote. ,.- '\ '---./ Commissioner Greenwald stated he did not understand this because the map is not clear. Mr. Bednarz stated there is no survey for the property and the setback from the arterial roadway is fifty feet. Commissioner Greenwald asked if they needed to amend the motion if they make a motion for the difference in setback. Mr. Bednarz stated the recommended action is to approve the existing structure as it presently stands and for the life of the structure. Commissioner Daninger stated there would not be any changes to the front of the home but they need this in order to pull a bui1ding permit for an addition to the backyard. Mr. Bednarz stated there is a provision in the zoning ordinance that does not allow legal non- conforming structures or non-conforming structures to expand in any way until it conforms or a variance is acquired. Motion by Greenwald, seconded by Gamache, to recommend to the City Council approval of Resolution No. _, approving the variance for reduction to front setback at 17340 Roanoke Street NW for Ernest England and Gwen Blossom. Motion carried on a 7 -ayes, O-nays, a-absent vote. Mr. Bednarz stated that this item would be before the Council at the September 3,2002 City Council meeting. Ms. Blossom stated she talked with Councilmember Knight and he told her this could be heard at the August 20, 2002 City Council meeting. Chairperson Squires stated he was not aware of this and she would need to work it out with staff to see if this item could be /~ ~) added to the August 20, 2002 agenda. Regular Andover Planni~nd Zoning Commission Meeting 0 Minutes - August 13, 2002 Page 3 r") I . '-.J PUBLIC HEARING: VARIANCE TO ORDINANCE 8, SECTION 6.02 TO VARY FROM THE REAR YARD BUILD1NG ...S'ETBACK FOR ADDITION AT 2815134TH A VENUE NW. Mr. Bednarz explained that the applicant is requesting a variance to reduce the rear yard setback from 30 feet to 22 feet to allow an addition to the home to be constructed. He summarized the staff report. Commissioner Gamache asked what the difference was hetween this item and the other comer lot item they had last month. ~1r. Ho;:dnarz stated the difference is this house faces the side of the lot. The lot is one hundred feet wide or deep and when the front and rear yard setbacks are taken away, there is a very limited buildable area. Commissioner Daninger asked how many of these do they see a year. Mr. Bednarz stated that there have been between one dozen and fifteen rear yard variances but they varied in situations. The findings for similar cases are typically the location of the structure close to the rear setback line and the inability to build a porch, patio or deck. o Commissioner Falk asked if there WetS already a patio or deck on the house now. Mr. Bednarz stated there was a concrete patio that is a transition into a walkway and they are trying to utilize the current doorway and enclose additional living space there. Commissioner Daninger asked if they should look at these on a case-to-case basis or change the Ordinance. Mr. Bednarz stated there is not any other way to look at these but on a case-to-case basis because each one is unique. He stated that this is an old neighborhood and houses on comer lots w(;re not required to face the front yard as they are now. Commissioner Gamache asked if the placement ofthehouse is the hardship. Mr. Bednarz stated this was true. Motion by Greenwald, seconded by Gamache, to recommend to the City Council approval of Resolution No. _, approving the variance to Ordinance 8, Section 6.02 to vary from the rear yard building setback f()[" addition at 2815 134tl1 Avenue NW. Motion carried on a 7-ayes, O-nays, O-absent vote. Mr. Bednarz stated that this item would be before the Council at the September 3, 2002 City Council meeting. PUBLIC HEARING: LOT SPLIT (02-08) TO CREATE TWO INDUSTRIAL LOTS FROM PROPERTY LOCATED AT 13530 HANSON BOULEVARD NW FOR o BEBERG LANDSCAPE AND NURSER. J: Regular Andover Planni~nd Zoning Commission Meeting 0 Minutes - August 13. 2002 Page 4 o Mr. Bednarz summarized the staff report. Commissioner Greenwald asked if the trail fee could be explained. Mr. Bednarz explained in depth Resolution 270-99 for the trail lee. Commissioner Greenwald asked what the solution to this is but he stated he did not understand why they needed to pay the trail fee up front even if there are not any trails currently around there or planned on being built for a couple years when Hanson Boulevard would be expanded. Mr. Bednarz stated the trail would be installed in conjunction with the expansion of Hanson Boulevard. Commissioner Kirchoff asked if everyone else along the Boulevard would be assessed when the trail is built. Mr. Bednarz stated that trail fees are collected only at the time that property is subdivided. Commissioner Greenwald asked why they do not assess the fee when the trail is built instead of holding it fl.)r the trail to be built. Mr. Bednarz stated this would be another option although this would be a policy shift from the way the Council has set up the system to collect money to construct these improvements. o Commissioner Gamache asked who pays fl)r the rest ofthe trail. Mr. Bednarz stated it comes out of the park dedication fund. Chairperson Squires stated this is a policy that has been consistently enforced. He stated as properties are developed the property owner is responsible for the segment of the iTa\l on their p"'operty that would be linked to other trails. Commissioner Greenwald staled he understood this but he did not think it is right to hold the escrow for a couple of years until the trail is built. Commissioner Greenwald asked if everyone would get assessed. Mr. Bednarz stated the City collects funds for both park dedication and trail fees, as properties are sub-divided. Commissioner Greenwald asked if the other businesses are currently being assessed for the trail. Mr. Bednarz stated they were neL ComL1issioner Greenwald stated the only way Beberg Landscape and Nursery is beini,S assessed is because they are dividing the property. Mr. Bednarz stated this is C()1-rect and State Statute sets up the system under which local municipalities are empow\~red to collect money for park dedication or land when propeliies are subdivided. Commissioner G~'eenwald stated he understood the system but this is a unique development Commissioner Greenwald asked if this item could be approved with out the trail fee escrow. Mr. Bednarz stated the Commissicl1 could recommend that the Council waive the trail fee. Commissioner Greenwald a~ked if the City Attorney needed to look at this to make sure the Commission is not dc;ing anything wrong. Mr. Bednarz stated the City Attorney would probably be asked to issue an opinion as to whether or not the City can or should require the trail fee to be paid in this Gase. Commissioner Falk asked how the trail fee is determined. Mr. Bednarz stated there is an estimated construction cost of $20.00 per lineal foot. o u 0 Regular Andover Planning and Zoning Commission Aleeting Minutes - August 13, 2002 Page 5 o Commissioner Daninger asked ifRoger'~~ Auto Body's temporary structure would stay there. Mr. Bednarz stated it would be a good idea to let the applicant address the Commission to answer this. Motion by Greenwald, seconded by Gama;:he, to open the public hearing at 7:40 p.m. Motion carried on a 7-ayes, O-nays, (J.ahsclt vote. Mr. Chris Beberg of Beberg Landscape and Nursery stated the temporary structure is on the property line and will be removed bef(y'"c the lot split. The two existing buildings along the Hanson Boulevard side will stay as is and there are no immediate plans to change these. The property changes wjl1 occur in the back. Chairperson Squires asked if they are purch'lsing track A or B. Mr. Beberg stated they would be purchasing track B. ChaiqJcrson Squires asked if the applicant is responsible for payment of the trail fee. Mr. Bednarz slated that it does not matter who pays the trail fee as long as it is paid. Mr. Beberg stated it was an agreement between Beberg Landscaping and Nursery and Roger's Auto Body that Beberg Landscaping and Nursery would pay the additional fees. o Mr. Beberg stated the trail and park fee se~med fairly reasonable until they looked at the ten percent park dedication fee for the pronerty. He stated this was a significant amount of money for a small company He ~t.m;d ;-,e did cJiscuss with Mr. Streich regarding purchasing the entire prcperty but th::l wo;,\d not he something they could achieve for another five to ten years. He stated his concern on the fairness side is they feel they are getting double dipped to achieve the saIne improvements in the Cities park needs and they want to support this hut in a reasonabL: kve1 they can afford. He stated they are not sure why the trail fee needs to be paid up front when the trail will not be built for a couple of years. Chairperson Squires stated to some (')( ter(. ihe City could make it one fee and make it larger, but the Council elected ~s a matter .lfpolicy to have a separate trail fee and does not consider it double dipping. Mr. De:dnarz stated by State Statute the ten percent park dedication fee for industrial property j~; tb:: maximum that municipalities are allowed to absorb in the subdivision process. Chairpc;'son Squires stated one alternative is to attach a condition to the Jot split that would estabJjsh the obligation to pay the trail fee but it would be deferred for some time. Mr. Beberg stated this seemed more reasonable and would like the Commission to consider thi~). Chairperson Squires stated the trail fc."c has resulted in an excellent trail system and has been very good for the City and most of the residents would agree with this. Motion by Falk, seconded by Daningcr, to dose the: public hearing at 7:51 p.m. Motion carried on a 7-ayes, O-nays" O-absen~ vok. ~, U u 0 Regular Andover Planning and Zoning Cc !nrnission Meeting Minutes - August J 3. 2002 Page 6 o Commissioner Greenwald asked who decides what the maximum percentage for the trail fee is. Mr. Bednarz stated this is based en the cost of the improvement at $20/lineal foot. Commissioner Daninger stated he supports Chairperson Squires and wanted to know how they can delay this. He stated in the future the business may be established and the trail would be an added commodity. He stated delaying the fee if an option may be a wise solution. Commissioner Kirchoff asked if trai! fees ;;'re received, are they earmarked for a specific job or do they go into a general fund. iV!r. Bednar? stated he believed there is a separate trail fund that is established to pay for the City's trail system along major con"idors or that would connect neighborhoods to schools c;" to the cun"ent trail system. Motion by Gamache, seconded by Squires. to recommend to the City Council approval of Resolution No. _, approving the Lot Split (02-08) to create two industrial lots from property located at 13530 Hanson Boulevard NW fix Beberg Landscape and Nursery and make an amendment to number four the Resolmion and defer the trail fee of $6,571 until the time the trail is developed (lmi1t tnat time the property owner will be assessed the going rate for the trail and that sumly,' t;Jon::y Vi/ill open up a dialogue between the property owner and the City to perhaps defer some of the money into goods and/or services. Motion carried on a 6-ayes, l-nays (Falk), O-absent vote. () Commissioner Kirchoff stated he did not think they could do this on a project because the project would go beyond the propel1y in questions :md would need to bid on the entire project and there would probably be Slate ;'~ld Fed':ral Jimds attached to it. Commissioner Gamache stated the traii Wiillld need to come out of the traiJ fund and would not have State or FederD' flmd': cl't<'( lied and if Beberg Landscape and Nursery could put in landscaping or something to tl;C trail that would be agreed upon by the City instead of a monetary fee to defer p3r~ Dr the cost. Commissioner Greenwald asked wh:'1 they should c,harge them more later. Commissioner Gamache stated there is a chance the fee could go up by not paying this up front. Commissioner Greenwald stated he (;:d not agree with that portion of the motion and they should limit it to the current cost nO\\/. Commissioner Daninger stated he is (;c);;cGn;~d with the motion regarding goods and services and he did not see this in th:;.>, cxi~~hlg motion. Commissioner Gamache stated that he was thinking because of the type of busines3, the City could work something out with him. Commissioner Falk stated he liked t1-c arn;:,ndment but his stated he is not for this because if a resident wants to split a lot they 'xill hove to pay the trail fee. o Chairperson Squires stated th3': the ",.,lj' he intcrpr:;ts the condition is it would not impose any obligation on either party to do tr::It bL' it is a nag for the future. Commissioner Regular Andover Plann};dana' ZOlllng COi711nissioll Jl1eeting 0 Minutes - August 13. 2002 Page 7 :-..J' _ Daninger stated he did not disagree viith the current ordinance but he does disagree with the services because what they value is no; necessarily the same value the City places on it. Chairperson Squires stated they did not necessarily have to use services or goods, it is just an idea to look at this in the futtL"c'. Commissioner Larsen asked if there would be a lot of other businesses that have already contributed to the trail fee wanting to he treated the same way. Chairperson Squires stated they are dealing with a situation wh::re they are not sure when the project would take place and most other businesses~nQ\" l,vhen the trail would be developed. Mr. Bednarz stated this situation is different in [be fact ,:hat they know there is a project coming but they do not know when and to ,:::onstmct a trail now would not be a good idea. Commissioner Larsen asked if there ::TC ;}ther people along Hanson Boulevard who have contributed the escrow amount. Chaiq)er:c:,)!1 Squires stated he could not think of any other properties that have subdivided in the recent past. Mr. Bednarz stated the resolution establishing the trail fee was adopted in 19\.)9. Commissioner Larsen asked if they were going to be setting a precedence. Chrlirperson Squires stated that if it was setting a precedence, it was one he did mind ~cUin? Mr. Bednarz stated that this item we,u!d i)eforc ihc Council at the September 3,2002 City Council meeting. <J PUBLIC HEARING: CONSIDER (1Ji,[if:,~IVllMENT TO ORDINANCE 214, SECTION 4.21, TREE PRE$'ERVATlON, TO li'ED;:"CE THE SIZE OF REQUIRED TREES FROA! l.S-INCH CALIPER TO 1.7: )/\1\:71 CAlL/PER. Mr. Bednarz explained that based up,:n di~;cu:,siorl'l with a number of developers, staff is recommending changing the requird tree plantings from (2 Yz) inches to (1 :X) inches in caliper. He summarized the staff rcpor;;, Commissioner Fa]k asked in S':~ctioll 13, fi'ih lil1t~ down if the 2.S-inch caliper is six feet high, would they still get tl1e six feet r,jgh IhJP1 1.7:; inches. Mr, Beherg stated that the caliper not the height measures all dl:('jci, ;nur; treep. He stated the 1.75 inch trees are usually potted instead of burl aped an:!. [;1\' ):::ss expensive and easier to establish and will catch up to a 2.5 inch caliper tree within five years. Commissioner Kirchoff asked if they go hy both 25-inch caliper and six feet in height or either one. Mr. Bednarz stated he believed it .,vas either 2.5~inch caliper or six feet in height. Commissioner Larsen asked what oth;.;( et;mmuniti(~s arc doing. Mr. Bednarz stated the most common tree requirement is 2.~;,im+, caliper 01 six feet in height in other cities. o Regular Andover Planni~and Zoning ernmnissici/ Jvfeeting 0 Minutes - August 13. 2002 Page 8 ~ Motion by Greenwald, seconded by Falk, 1:/ olkm the public hearing at 8:22 p.m. Motion carried on a 7-ayes, O-nays, 0-2hsellic'h::. There was no public input. Motion by Daninger, seconded by Kirchoff, to close the public hearing at 8:23 p.m. Motion carried on a 7-ayes, O-nays, O-abscnt vote. Chairperson Squires stated he would I ike :~1aff to kok at the wording in the Ordinance to make sure the wording is appropriate ,1m! 1 hat they have the product they want. Motion by Greenwald, seconded by Daninger, to recommend to the City Council approval of Resolution No. __, approving the amendment to Ordinance 214, Section 4.21, Tree Preservation to reduce the SJze:: f required trees from 2.5 inch caliper to 1.75 inch caliper and have staff look at the wording in the Ordinance regarding the height and inches and correct accordingly. Motion c"Tried on a 7-ayes, O-nays, O-absent vote. OTHER BUSINESS. Mr. Bednarz mentioned that there may not be a second meeting this month based on the lack of applications but they are: woricil1g 01 a few items of which will he adjusting the /j Andover Station design guidelines L~r tlK; n1)rth SICk of Bunker Lake Boulevard. He '-~ stated the Commission would r.ave (l :,::raH :1V1;;(lay district at the first meeting in September. He stated that at that meetll1g They would bave some discussion of the Round Lake Boulevard public improv,~ment p:'oj, :t and a number or variance that would be required du'~ to the additiomlI r,ladv;;!:'. Commissioner Greenwald asked for:.m up:htc on the. Sports Complex. Commissioner Daninger stated at the present time the'"c ;;:.: 110t a S~;0rts Task Commission because it has been disbanded but it is at the Courci' ]:~\l~j it)': c>r;ussi0n on how it j~, going to be funded. He stated theYMCA has bc;;'~ b'."!Jght up in the discussion. There has been discussion regarding the correct way ;1.' fir.,'.nc,~ it and there has been encouraging news on the Soderback and Associates that they have identified some funding and it is looking encouraging at the moment. Mr. Bednarz ~;tated the Task Force presented all the information that they have gathered over t~':e past eight months to the City Council. He stated at this point there are fund raishg <ldivities and it is now up to the City Council to decide how this will move forward. Chairperson Squires asked about a di:>Cl\~;s:iJn m tl;.': EDA meeting on July 25 and there was discussion about negation.:; with (jre:.Jl River Energy for parcels A and B and the substation on Hanson Boulevard and Hunb~r Lake Boulevard. Mr. Bednarz showed the Commission a map of the are~l and re'iic\'v',.d tile pJans of the City Council. () '--, . .) , " 1 \...) (\ \... .-.J Regular Andover Plal1n~-riand Zoni':.- C:-nimissioTl Meeting (J Minutes - August 13. 2002 Page 9 A DJOURMiWENT Motion by Larsen, seconded by Fa!!(.. tJ 2djoum tll'~; meeting at 8:30 p.m. Motion carried on a 7-ayes, O-nays, O-absent vote. Respectfully Submitted, Sue Osbeck, Recording Secretary TimeSaver Ofr Site Secretarial. Inc.