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HomeMy WebLinkAboutJuly 9, 2002 /- ...., '0 o ,:j o o ~,~ ~IJ23/'b2- CITY of ANDOVER PLANNING AND ZONING COMMISSION MEETING - JULY 9, 2002 The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson JaySquires on July 9,2002, 7:05 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Chairperson Jay Squires, Commissioners Tim Kirchoff, Mark Hedin, Tony Gamache, Rex Greenwald (arrived at 7:20 p.m.) andDean Daninger. Commissioners absent: Commissioner Douglas Falk Also present: City Planner, Courtney Bednarz Planning Intern, John Sevald Others APPROVAL OF MINUTES. June 25, 2002 Motion by Daninger, seconded by Hedin, to approve the minutes as presented. Motion carried on a 5.:ayes, O-nays, 0 present, 2-absent (Greenwald and Falk) vote. PUBLIC HEARING: LOT SPLIT (02-06) TO CREATE TWO URBAN RESIDENTIAL LOTS FOR ROBERT DAY OF TAYLOR MADE HOMES, INC. FOR PROPERTY LOCATED AT 14393 OSAGE STREET NW. Mr. Bednarz explained that the applicant is seeking approval of aproposal to divide the subject property into two single-family urban residential lots. Mr. Bednarz summarized the staff report. He mentioned that new water and sewer stubs . would need to be provided for the new lot, this wasn't something foreseen in the original public improvement project. Chairperson Squires asked Mr. Bednarz about the proposed resolution and the six conditions. On proposal four, should they include in resolution that water be petitioned , "1 "_/ o (J o o Regular Andover Planning and Zoning Commission Meeting Minutes - July 9, 2002 Page 2 for and provided to the lot. Mr. Bednarz stated it was a prudent decision to make sure that both water and sewer be provided to the new lot. Motion by Daninger, seconded by Kirchoff, to open the public hearing at 7:08 p.m. Motion carried on a 5-ayes, O-nays, 2-absent (Greenwald and Falk) vote. There was no public input. Motion by Kirchoff, seconded by Gamache, to close the public hearing at 7:09 p.m. Motion carried on a 5-ayes, O-nays, 2-absent (Greenwald and Falk) vote. Motion by Kirchoff, seconded by Hedin, to recommend to the City Council approval of Resolution No. _, approving the lot split to request to create two urban residential lots at 14393 Osage Street N.W. for Taylor Made Homes with addition to the water requirement in item four of the Resolution. Motion carried on a 5-ayes, O-nays, 2-absent (Greenwald and Falk) vote. Mr. Bednarz stated that this item would be before the Council at the August 6, 2002 City Council meeting. PUBLIC HEARING: VARIANCE (02-06) TO ORDINANCE NO.8, SECTION 6. 02 MINIMUM DISTRICT PROVISIONS TO VARY FROM THE REQUIRED BUILDING SETBACKS FOR PROPOSED UTILITY STRUCTURE AT 4517 VALLEY DRIVE NW FOR NORTHERN NATURAL GAS. Mr. Bednarz explained that the applicant is seeking approval of a variance to the front yard setback to locate an accessory building on the subject property. The applicant was not able to obtain consent from the property owner to pursue this application. The applicant has obtained an easement on the subject property upon which the current facilities are located. The applicant cannot pursue this request without the consent ofthe property owner. Mr. Bednarz explained the structure would be used to odorize the natural gas pipeline that runs through the property. This project is intended to achieve compliance with recently changed federal regulations that require the natural gas system to be odorized. Mr. Bednarz asked the Commission to table this item indefinitely until Northern Natural Gas and the property owner came to an agreement. Chairperson Squires asked if the applicant was notified that the application was incomplete. Mr. Bednarz stated he was. Motion by Daninger, seconded by Gamache, to table this item indefinitely. Motion carried on a 5-ayes, O-nays, 2-absent (Greenwald and Falk) vote. o o (~\ \J o o Regular Andover Planning and Zoning Commission Meeting Minutes - July 9, 2002 Page 3 PUBLIC HEARING: VARIANCE (02-07) - VARIANCE TO ORDINANCE NO.8, SECTION 6.02 MINIMUM DISTRICT PROVISIONS TO VARY FROM THE REQUIRED BUILDING SETBACKS FOR PROPOSED UTILITY STRUCTURE AT 14800 PRAIRIE ROAD FOR NORTHERN NATURAL GAS. Mr. Bednarz explained that Northern Natural Gas is requesting a variance to the front yard setback to locate an accessory building on the subject property. The structure would be used to odorize the natural gas pipeline that runs through the property. This proj ect is intended to achieve compliance with recently changed federal regulations that require the natural gas system to be odorized. Mr. Bednarz stated a variance to building setbacks is necessary to locate the proposed structure on the site. Mr. Bednarz stated it was recommended that a variance to reduce the rear yard setback to 30 feet be granted to allow the structure to be located behind the existing above ground equipment. He summarized the Staff Recommendation Graphic. Mr. Bednarz stated the applicant must also complete the Commercial Site Plan process with the Andover Review Committee (ARC). This process will allow building, fire and engineering experts from both the applicant and the City to ensure that the facility will be constructed in a manner that will facilitate safe and efficient operations. Improvements to the site will also be required to bring the site into compliance with existing regulations. Mr. Bednarz stated staffwas concerned with the proposed location because of the large variance to the front yard setback and stated the building would be pushed closer to Prairie Road and make it more visible. Mr. Bednarz showed pictures ofthe structure to the Commission and described the exterior materials proposed for the building. Mr. Mann and Mr. Nelson, applicants, stated they could not use asphalt shingles and the roof would be similar to the one pictured but in forest green. Commissioner Hedin asked if the chain link fence was entirely around the perimeter. Mr. Bednarz stated it was around the equipment only. Commissioner Hedin asked if the fence would be moved to enclose the building. Mr. Bednarz stated the fence would be moved to allow the building to be constructed inside the fence. Motion by Daninger, seconded by Kirchoff, to open the public hearing at 7:20 p.m. Motion carried on a 5-ayes, O-nays, 2-absent (Greenwald and Falk) vote. Commissioner Greenwald arrived at 7:20 p.m. o o o Regular Andover Planning and Zoning Commission Meeting Minutes - July 9, 2002 Page 4 Commissioner Gamache asked the applicant ifthere was a specific technical reason why the building needs to be put in that specific spot or would the area where staff is recommending it be put work. Mr. Mann and Mr. Nelson stated the area would work. Commissioner Gamache asked if there was a pipe above ground that would need to be attached to the building. Mr. Mann and Mr. Nelson stated there was not so they did have options as to where to place the building. Commissioner Daninger asked why this site was chosen and would there be other sites throughout Andover. Mr. Mann and Mr. Nelson stated these are the points where branch line laterals come off the main line and they were required to odorize lines that reach a certain encroachment criteria and they need to odorize at the start of the branch lines. Commissioner Daninger asked if there would be a smell and what would it be like. Mr. Mann and Mr. Nelson stated there would not be a smell. There is currently odorized gas running through Andover's lines. He stated the equipment they will be installing will be stated of the art and have less prone to mechanical problems. Mr. Bednarz stated the potential smell was discussed by ARC and there should be some consideration given to adding a condition of approval to ensure Northern Natural Gas will work with the City to prevent problems. o Chairperson Squires stated they should impose a condition that requires the applicant to operate the facility in a manner that minimizes the impact of odor on surrounding residential properties. Mr. Mann and Mr. Nelson stated it was in their best interest to keep the odor within the pipeline. Commissioner Greenwald asked if there would be a gas leak, where would it be. Mr. Mann and Mr. Nelson stated the odorizers that have been purchased would be hooked up to the phone lines and monitored at all times. This would give them a lot more control. There would be the ability to notify local emergency in case of a leak. Commissioner Daninger asked what was an alternative site. Mr. Mann and Mr. Nelson stated there was no alternative site and the only other alternative was to move it closer to the road. Motion by Gamache, seconded by Daninger, to close the public hearing at 7:28 p.m. Motion carried on a 6-ayes, O-nays, I-absent CFalk) vote. Commissioner Gamache asked if they still needed a variance to put the building on the property. Mr. Bednarz stated they would. o Commissioner Daninger asked ifthey would be able to see a design for the building before it was constructed. Mr. Bednarz stated they would take another look at the building. Mr. Mann and Mr. Nelson stated this was a packaged unit that comes with the building and there would not be any building constructed on the site, it would be o o r- '\ \..~ Regular Andover Planning and Zoning Commission Meeting Minutes - July 9, 2002 Page 5 delivered to the site. Mr. Bednarz stated that the applicant will be required to construct a building in conformance with Andover's ordinances. Motion by Daninger, seconded by Hedin, to recommend to the City Council approval of Resolution No. _, approving the variance as written and prepared by staff and reducing the rear yard setback by twenty feet and requiring the applicant to minimize the potential nuisance characteristics. 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 August 6, 2002 City Council meeting. PUBLIC HEARING: CONSIDER AMENDMENT TO ORDINANCE 8, SECTION 4.21 FENCES AND WALLS TO ALLOW DECORATIVE FENCES TALLER THAN FOUR FEET IN HEIGHT WITHIN THE FRONT YARD SETBACK OF RESIDENTIAL PROPERTIES. THIS ORDINANCE AMENDMENT WOULD BE CITYWIDE. Mr. Bednarz explained the City Council has asked the Planning and Zoning Commission to review the maximum fence height in the front yard setback of rural residential () properties. This item is the result of a previous variance request that was unsuccessful. Mr. Bednarz summarized the staff report. Motion by Hedin, seconded by Daninger, to open the public hearing at 7:33 p.m. Motion carried on a 6-ayes, O-nays, I-absent (Falk) vote. There was no public input. Motion by Hedin, seconded by Gamache, to close the public hearing at 7:34 p.m. Motion carried on a 6-ayes, O-nays, I-absent CFalk) vote. Chairperson Squires asked what was a definition of a decorative fence. Mr. Bednarz stated the Ordinance did not give a definition of a decorative fence and the beginnings of a definition were in the report and stated it could be wrought iron, aluminum and steel. Chairperson Squires asked if the intent was not to have a chain link fence. Mr. Bednarz stated this was true. Commissioner Gamache stated the Ordinance right now allows a four-foot chain link fence. Mr. Bednarz stated that was correct. () Commissioner Greenwald asked if there were any of these fences in the community now that were over four feet and ifthis was a problem and if they were grandfathered in. Mr. Bednarz stated there is a provision in the Ordinance that would allow the Council to mandate that a fence be removed. o o f-, '0 Regular Andover Planning and Zoning Commission Meeting Minutes - July 9, 2002 Page 6 Commissioner Greenwald asked if this was a safety issue for the fence to be four feet in height or just a decorative issue. Mr. Bednarz stated he believed it was a combination of these. Commissioner Hedin stated what they were looking at was rural properties. Mr. Bednarz stated the way it was written, it would in R-l and R-2 zoning districts. Commissioner Kirchoff asked ifthe Ordinance precludes having a six-foot chain link fence. Mr. Bednarz stated in the front yard setback area it does. Commissioner Kirchoff stated the way this was proposed was it would allow a six-foot chain link fence in the front. Mr. Bednarz stated this was true. Commissioner Greenwald stated they should require a permit in order to put up this type of fence. Mr. Bednarz stated some cities require a permit for fences and require property owners to locate property corners. Commissioner Greenwald stated he thought they should require a permit in order to install a fence. Andover provides information on an individual basis, with handouts, newsletter articles and on the web page. Staff always provides this service to residents who seek assistance. Commissioner Daninger asked ifthere was anyone else who made a request like this or (J asked for a variance. Mr. Bednarz stated that he was not aware of any others. Commissioner Hedin asked why there was a sixty-day amortization period included in this. Mr. Bednarz stated it looked like it was something specific to barbed wire and electric fences. Commissioner Hedin stated that non-conforming fences could mean any fence higher than it should be. Mr. Bednarz stated the sentence does not clarify barbed wire or electric fences. Chairperson Squires stated that he believed the sixty-day amortization period would apply exclusively to barbed wire and electric fences. Commissioner Hedin stated he was comfortable with what was written. He stated he would be in favor of this and they should add that chain link fence would not be an acceptable decorative fence if it were over four feet in height. Commissioner Greenwald asked what if someone was in non-conformance now. Mr. Bednarz stated that they would adjust the language to fit with the change that was made. Commissioner Daninger asked who decides what is decorative and what is not. He stated that if they write this language they might never see this in front of them because of the cost of the fence and the size of the lot. He asked who quantifies this. Mr. Bednarz stated they could write up a definition and bring it back to the Commission for approval. o () ;] f\ \.,--.1 o o Regular Andover Planning and Zoning Commission Meeting Minutes - July 9, 2002 Page 7 Commissioner Greenwald stated even ifthere was a definition, there was not a permit process so it would not be enforced. Chairperson Squires stated every one has their own idea of a decorative fence and it would be unfair for the City to state what is decorative and what is not. The applicant should come in with a plan and the City would work with the applicant and come to an agreement. Commissioner Kirchoff asked if this was only for six-foot front yard decorative fence or anything exceeding four feet in the front yard. Mr. Bednarz stated that was true. Commissioner Hedin asked if this was something that staff could do and look at the plans and sign off. Commissioner Daninger stated the concern was the four to six foot fence and trying to protect the property owner from purchasing the fence and to have some type of review. Chairperson Squires asked if there was general agreement to pursue changing the Ordinance to allow an additional two feet in the yard in rural areas. Commissioner Gamache stated if they could be specific enough in allowing the type of fence to be put up. Commissioner Greenwald asked if Anoka or Blaine had anything specific in their Ordinance that they could look at. Mr. Bednarz stated he would check into this. Chairperson Squires asked Mr. Bednarz ifhe could come back with a better definition for decorative fences and include chain link would not be defined as decorative. Mr. Bednarz stated he would. Commissioner Greenwald stated he would be more comfortable with requiring a permit instead of reviewing the plans. Commissioner Gamache asked if they should require permits for all fences. Mr. Bednarz stated they could consult with the other cities and bring information back to the Commission. Commissioner Hedin stated that by having a permit process, this would be taking on more responsibility in making sure the fence is correct and he was not sure ifthe City should take on that responsibility. Commissioner Kirchoff asked if this meant the City would have the responsibility as to where the fence would be. Mr. Bednarz stated City involvement does raise issues. Commissioner Daninger stated staff should collect more information and bring it back to the Commission. He stated there had to be a way to protect the neighbors also and allow the neighbor to have a say when the fence goes above four feet in height. ,..-- . , , '\ ,--j r, f , \--,~ o o Regular Andover Planning and Zoning Commission Meeting Minutes - July 9, 2002 Page 8 OTHER BUSINESS. Mr. Bednarz introduced Planning Intern John Sevald and reviewed his background. Mr. Bednarz mentioned that there would be a Planning & Zoning Commission training on Tuesday, July 23, 2002, beginning at 6:00 p.m. in the Council Chambers. Commissioner Greenwald stated he would not be able to attend and asked ifthis could be rescheduled until after Commissioner Hedin's replacement is named and begins. ADJOURNMENT. Motion by Daninger, seconded by Hedin to adjourn the meeting at 8:05 p.m. Motion carried on a 6-ayes, O-nays, I-absent CFalk) vote. Respectfully Submitted, Sue Osbeck, Recording Secretary TimeSaver Off Site Secretarial, Inc.