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HomeMy WebLinkAboutJune 25, 2002 CJ o ~. o () CITY of ANDOVER PLANNING AND ZONING COMMISSION MEETING -JUNE 25, 2002 The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Jay Squires on June 25,2002, 7:01p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Chairperson Jay Squires, Commissioners Dean Daninger, Tim Kirchoff, Mark Hedin, and Tony Gamache. Commissioners absent: Commissioners Douglas Falk and Rex Greenwald. Also present: City Planner, Courtney Bednarz Others APPROVAL OF MINUTES May 28, 2002 Motion by Gamache, seconded by Hedin, to approve the minutes as presented. Motion carried on a 3-ayes, O-nays, I-present (Squires), 3-absent (Daninger, Greenwald, and Falk) vote. June II, 2002 Motiol1 by Hedin, seconded by Gamache, to approve the minutes as presented. Motion carried on a 4-ayes, O-nays, 3-absent (Daninger, Greenwald, and Falk) vote. PUBLIC HEARING: RESIDENTIAL SKETCH PLAN FOR WOODLAND DEVELOPMENT FOR PROPERTY LOCATEDIN SECTIONS 21 AND 22, TOWNSHIP 32, RANGE 24. Chair Squires stated that after a discussion with the City Attorney it's been decided that he won't participate in the discussion or the voting, however will make comments to the Commission as a resident. He stepped down from the Commission. Commissioner Kirchoff took over as Acting Chair. Mr. Bednarz summarized the staff report. Motiol1 by Gamache, seconded by Hedin, to open the public hearing at 7:09 p.m. Motion carried on a 4-ayes, O-nays, 3-absent (Daninger,Greenwald, and Falk) vote. o 0 Regular Andover Planning and Zoning Commission Meeting Minutes - June 25, 2002 Page 2 o The Developer Byron Westlund explained that the original plan has been revised. He stated that they eliminated Lots 1, 2, and 3 on 152nd Lane, since they would have required vanances. Gary Witt, 2368 151 st Lane NW, stated that since 1999 it's been the understanding that Uplander would end in a cul-de-sac. He stated that because the street ended in a cul-de- sac it was a deciding factor in them purchasing the home. Fire safety is definitely a concern, however mentioned that there are a large number of children in the area most of them under 10 which also poses a safety concern. Furthermore, the traffic would likely increase if the road were to be a through street. Theresa Birch stated that she currently lives on Uplander Street. She stated that they were highly influenced to purchase their home because of the cul-de-sac. She stated that if the street becomes a through street the traffic would likely increase and be faster. She suggested it remain as a cul-de-sac. Fred McCormick stated that he will soon be living at 15172 Uplander Street. He mentioned that they have young children; therefore the cul-de-sac was an important part of them purchasing this house. He suggested the cul-de-sac have a park at the end of it, therefore there could be an emergency access through the park. (~ Curtis Moore, 2237 151 st Lane NW, stated that he's in favor of the cul-de-sac, especially \------/ since there are other accesses to get into the development. Chad Gilispie, 2091 151 st Lane NW, stated that the traffic already is fast when traveling on 151 st Lane, furthermore this would only add to the problem. He suggested the City put up signs to slow down drivers. A member from the audience stated that the cul-de-sac also influenced them when they purchased their property. She mentioned that the Fire Marshall informed her that there have been variances in the past to allow a cul-de-sac longer than the 50D-foot regulation. Al Hanson, 15394 Uplander Street, stated that he lives in the Nightingale Addition. He mentioned that he lives on the corner where Uplander curves into 154th, and has witnessed the increase in traffic. Carol McCormick stated that she will also be living at 15172 Uplander Street soon. She mentioned that their decision to move five miles down the road was partially impacted by the original plan consisting of a cul-de-sac. Motion by Hedin, seconded by Gamache, to call a recess at 7:27 p.m. Motion carried on a 4-ayes, O-nays, 3-absent (Daninger, Greenwald, and Falk) vote. /) Motion by Hedin, seconded by Gamache, to reconvene the public hearing at 7:33 p.m. V Motion carried on a 4-ayes, O-nays, 3-ahsent (Daninger, Greenwald, and Falk) vote. o o 0 Regular Andover Planning and Zoning Commission Meeting Minutes - June 25, 2002 Page 3 Commissioner Daninger arrived at 7:34 p.m. Ms. McCormick mentioned that there may be some misrepresentation at this public hearing, since it appears there was a small delay in the notification change. Don Skelly, 2292 15151 Lane, stated that he works for Hanson Builders and has an appreciation for what it takes to put developments like this together. He mentioned that no one that lives on the street knows that the street is a bike route. He suggested the City put in a bike path instead. Bill Stowe, 2159 153rd Lane NW, stated that what he saw two weeks ago was different than what's being presented now. He mentioned that it's disappointing that there hasn't been better communication. () Jay Squires, 2338 15151 Lane NW, stated that another point for consideration is the topography of the street in that most of the lots slope towards the street; therefore the kids tend to play at the end ofthe driveways. He stated that after doing some research he said there are about 30-40 cul-de-sacs throughout the City that exceed the 500 foot standard length for a cul-de-sac. He mentioned that in response to the fire chiefs request for a shorter cul-de-sac, it's important to remember that they always want the shortest possible cul-de-sacs. It's reasonable that many thought the original plan wouldn't change. He stated that the intention of connecting Uplander to the north and south hasn't always been there. He mentioned that he personally doesn't see the fire safety issue since there are other accesses throughout the development. The only safety issue would be to keep it as a cul-de-sac, especially since there are so many young children in the area. He also suggested working a tot lot in at the end ofthe cul-de-sac. Motion by Gamache, seconded by Daninger, to close the public hearing at 7:50 p.m. Motion carried on a 5-ayes, a-nays, 2-absent (Greenwald and Falk) vote. Commissioner Gamache questioned if the original plan from 1999 showed the street as a cul-de-sac. Mr. Bednarz pointed out the cul-de-sac on the original plan from 1999. Commissioner Kirchoff questioned if this is the same plat map as when Woodland Estates 2nd Addition was developed. Mr. Bednarz stated yes. Commissioner Daninger questioned if the cul-de-sac was drawn as a temporary cul-de- sac on the original plan. Mr. Bednarz stated that the cul-de-sac was temporary; however there also was no talk of it being a through street. () Commissioner Daninger mentioned that in his mind if the road were a through street, it doesn't seem that people would really use it as a through street. Mr. Bednarz explained a how one may use the road as a through street. o o Regular Andover Planning and Zoning Commission Meeting Minutes - June 25, 2002 Page 4 o Commissioner Daninger questioned how soon the connection streets would be established. Mr. Bednarz stated that the west connection to Uplander could be completed as soon as next year, however the connection to the east is dependant on the property owners and when they'll decide to pursue development. Commissioner Hedin questioned where the dead end street is located that Fire Chief Dan Winkel talks about in his letter to Mr. Bednarz. Mr. Bednarz pointed out the location, which is outside the MUSA area. He mentioned that none of these streets would be constructed at this time, however when they do develop there's the potential for another connection. Commissioner Hedin mentioned that the Mr. Winkel's letter is really only a temporary concern until there's a future development. Mr. Bednarz stated yes. Commissioner Hedin questioned why the plat was changed in the last two weeks and the cul-de-sac removed. Mr. Bednarz stated that it's desirable to provide multiple connections and alternate routes into a development. Commissioner Hedin questioned ifit was staffs idea to take out the cul-de-sac. Mr. Bednarz explained that staff supported the sketch after it was revised. () Commissioner Kirchoff questioned if the intent of the transportation plan is to give the Commission input on what issues are important to consider. Mr. Bednarz explained that one of the goals of the transportation plan is to analyze the area as a whole and prevent a situation where there could be problems. He mentioned that there is also a review criteria to look at with small developments. Mr. Bednarz mentioned that currently the City has ordinances that limit the length of cul- de-sacs. He stated that the City is in agreement that an off-street trail is more desirable than an on-street trail. He stated that they are looking for the trail to be part of the development. Mr. Bednarz agreed that the idea of a park at the end of the cul-de-sac may be a good possibility. Mr. Bednarz mentioned that there really isn't a benefit that the right-of-way for future 152nd Lane be moved 20 feet to the south as was indicated in the staff report. Commissioner Hedin questioned if Lots 1, 2, and 3 would be connected to the lots in the Woodland South Addition. Mr. Bednarz stated that with the proposed Woodland Estates 4th Addition there would be no lots on the north side of 152nd Lane. f\ u Commissioner Hedin questioned ifit's correct that Mr. Bednarz is not talking about the south side of 152nd Lane. Mr. Bednarz stated that's correct. " " \J o 0 Regular Andover Planning and Zoning Commission Meeting Minutes - June 25, 2002 Page 5 Mr. Westlund explained that the 1999 original plan was a drawing that was done prior to him even owning the property on the east side. He stated that the revision came after a committee met of staff, engineers, among others. He mentioned that the objective was that the plan met the ordinances with little or no variances; therefore with the change the plan now meets all City ordinances. Commissioner Hedin questioned how the plan would be affected if the cul-de-sac were put back in the plan. Mr. Westlund stated that he thinks it's possible, however his concern is the location of the park since the Park Commission gave a different recommendation. Commissioner Hedin stated that it sounds like most residents want to see the cul-de-sac stay. He mentioned that it would be great to have a park in the area of the cul-de-sac. Commissioner Daninger stated that in this situation the cul-de-sac seems the most appropriate. He stated that he would also like to see some kind of a park in the area. He mentioned that the City needs to learn from this and that even though we want ghost plats it needs to be made clear that it isn't set in stone. Commissioner Gamache agreed with Commissioner Daninger. He stated that he tends to lean towards the concerns of the residents. He suggested the City make the cul-de-sac o work if at all possible. Commissioner Hedin stated that the Commission has heard many reasons on why to support the cul-de-sac such as safety issues, topography, etc. He stated that overall he likes the sketch plan. He suggested the parties come together to make the cul-de-sac work and in the end everyone will benefit. Commissioner Kirchoff agreed with the rest of the Commission. He also stated that it would be nice to have an all around transportation plan. He mentioned that it doesn't seem that it's necessary to have Uplander as a through street. Mr. Bednarz stated that this item would come before the City Council at the July 16, 2002 City Council meeting. PUBLIC HEARING: VARIANCE (02-05) - VARIANCE TO ORDINANCE NO.8, SECTION 6.02 MINIMUM DISTRICT PROVISIONS FOR REDUCTION OF CORNER SIDE YARD SETBACK AT 1353 14~D A VENUE NW FOR MARY EVERS-RYSTROM AND DA VE RYSTROM. o Mr. Bednarz explained that the Rystroms are requesting a variance to the 35-foot setbacks for their side yard. Their home was originally built with 45 feet to the boulevard. They wish to use the 10 feet allowed, as well as an additional 10 to 14 feet of the side yard setback space. This would change their side setback from 35 feet to 21 or 25 feet. o o Regular Andover Planning and Zoning Commission Meeting Minutes - June 25, 2002 Page 6 o This variance was reviewed by the Andover Review Committee on June 11, 2002. The majority of staff recommends denial of the variance. The basis of this recommendation is that the property owner: 1.) has been able to make reasonable use of their property without the variance; and 2.) there is ample room in the rear yard for an addition. The applicant has submitted a letter summarizing the details of the proposed variance. Moreover, the hardships or difficulties are due to the recently changed characteristics of the property owners and their children, but not with the land characteristics, which haven't changed. Neighboring resident, Anna Pruchnik, at 14277 Bluebird Street wanted the Planning and Zoning Commission to know she was in favor of this variance. She felt it would raise the neighboring property values, aesthetic qualities and increase the likelihood she and other neighbors could successfully apply for similar variances to build additions in the future. Commissioner Gamache questioned ifit's correct to say that this wouldn't be an issue if this wasn't a comer lot. Mr. Bednarz stated yes, since there's typically a 10-foot setback from the interior property line. -"\ (J Commissioner Daninger questioned ifthe applicant is aware of other options. Mr. Bednarz stated that the option of putting an addition on the rear of the house has been discussed with the applicant. Motion by Gamache, seconded by Kirchoff, to open the public hearing at 8:30 p.m. Motion carried on a 5-ayes, O-nays, 2-absent (Greenwald and Falk) vote. The Applicant Mary Evers-Rystrom stated that they built the house in 1992. They had triplets in 2000. She explained that the contractor has stated that they could keep the house in tact if they build off the side since the sliding glass door would be the entrance into the room. The door would be blocked offuntil the construction is complete. However, if they built off the back of the house the entire house would be under construction, which poses a huge safety issue. Ms. Evers-Rystrom presented a number of photos of the property to show that the addition wouldn't affect the traffic flow. She mentioned that there have been a number of other applications that have been approved in the past, where there haven't been hardships to the physical land. She listed a number of these applications. She also mentioned that she doesn't feel the sideyard setback should be 35 feet, since it is too large of a requirement. Commissioner Daninger questioned Ms. Evers-Rystrom if they've looked at different houses. Ms. Evers-Rystrom stated yes. o Chair Squires suggested Ms. Evers-Rystrom discuss with the builder different options on how the addition could be built off the backside in a safe way. o () o . , o () Regular Andover Planning and Zoning Commission Meeting Minutes - June 25, 2002 Page 7 Ms. Evers-Rystrom stated that if the addition were to be built off the backside there wouldn't be anywhere for them to sleep. Chair Squires questioned the time frame for construction. Ms. Evers-Rystrom stated that the construction would take 90 days. There was no further public input. Motion by Daninger, seconded by Hedin, to close the public hearing at 8:45 p.m. Motion carried on a 5-ayes, a-nays, 2-absent (Greenwald and Falk) vote. Commissioner Kirchoff stated that he doesn't see a hardship on the property itself. He stated that he does remember a number of requests for variances in the past that were denied; however he wasn't sure of the reasoning. Commissioner Hedin questioned if when a variance is approved if the hardship is stated. Chair Squires mentioned that the Commission needs to state findings whether it's for approval or denial. Mr. Bednarz mentioned that there were a few variances granted, however most of these were prior to the City requiring an additional 5 feet of lot width for lots with sliding glass doors on the side. Commissioner Hedin questioned if the ordinance was changed after 1992 when the house was built. Mr. Bednarz stated yes. Commissioner Gamache questioned how close Ms. Evers-Rystrom could have been in 1992 to the property line. Mr. Bednarz stated that the 35-foot setback has been there for quite some time. He mentioned what exactly changed in 1992. Commissioner Kirchoff stated that what concerns him is that the neighbors are in favor of this so that there would be the option for them to do the same thing at some point in the future. Chair Squires mentioned that there has to be a hardship to the property in order to grant a vanance. Commissioner Hedin mentioned that there is la-feet available on the side, therefore they could go out 10-feet without a variance. Commissioner Daninger stated that he doesn't feel comfortable with the variance for a number of reasons. He agreed with Commissioner Hedin. He also mentioned that the house is extended out to the side there would be some sight lost. o o / ~, Regular Andover Planning and Zoning Commission Meeting Minutes - June 25, 2002 Page 8 \ '.J Motion by Gamache, seconded by Kirchoff, to recommend to the City Council approval of Resolution No. R _, Denying the Variance request of Mary Evers Rystrom to allow Reduction of the Comer Side Yard Setback for Property Located at 1353 - 142nd Avenue NW, based on the facts and findings stated in the staff report which didn't support a hardship with the land. Motion carried on a 5-ayes, O-nays, 2-absent (Greenwald and Falk) vote. Mr. Bednarz stated that this item would come before the City Council on the July 16, 2002 City Council meeting. PUBLIC HEARING: SPECIAL USE PERMIT (02-09) FOR AN OFF-SALE LIQUOR LICENSE TO BE ISSUED TO BRUCE KNOWLAN (LIQUORS PLUS, INC.) AT 2300 BUNKER LAKE BOULEVARD. Mr. Bednarz summarized the staff report. Commissioner Daninger if this site wasn't supposed to be a restaurant. Mr. Bednarz explained that that was a possibility in the past, however there still is two more freestanding building pads near the site. (j '......./ Commissioner Kirchoff questioned if there would be a liquor store in conjunction with the grocery store. Mr. Bednarz stated that there are no plans for a liquor store in conjunction with the grocery store. Chair Squires questioned the exact location ofthe store. Mr. Bednarz pointed out the location. Mike Hanson, representing Bruce Knowland, explained that the liquor store would be 7,100 square feet in size. Chair Squires questioned if there are specific regulations on how close a liquor store can be to a day care. Mr. Bednarz stated that there are no specific regulations with daycares. Motion by Gamache, seconded by Hedin, to close the public hearing at 9:00 p.m. Motion carried on a 5-ayes, O-nays, 2-absent (Greenwald and Falk) vote. Commissioner Hedin questioned Mr. Hanson on when they plan to be open for business. Mr. Hanson stated that they hope to be open for the holidays this fall/winter. Commissioner Hedin questioned Mr. Hanson if they own the building. Mr. Hanson stated that they are renting the building. o Chair Squires questioned if when making decisions with Conditional Use Permits for the Andover Station project that the Commission will just be looking at the use. Mr. Bednarz I " , \....J / ~, . ) \~_..1 f----" \J o C) Regular Andover Planning and Zoning Commission Meeting Minutes - June 25, 2002 Page 9 stated that that is correct. He mentioned that the EDA Board is reviewing the entire project and site plan. Commissioner Hedin questioned ifthere will be painted advertising on the windows. Mr. Hanson mentioned that there might be some signs, however no painted signs. He mentioned that this would be a classy store. Mr. Bednarz mentioned that there are covenants for the entire development that need to be followed. Commissioner Daninger questioned if all the stores are the same style. Mr. Hanson mentioned that this store would be similar to the Northgate store, however smaller. There was no further public input. Motion by Hedin, seconded by Gamache, to close the public hearing at 9:07 p.m. Motion carried on a 5-ayes, a-nays, 2-absent (Greenwald and Falk) vote. Motion by Hedin, seconded by Daninger, to recommend to the City Council approval of Resolution No. R _, Approving the Special Use Permit request ofB~ce Knowlan for a Liquor License on Property Legally Described as Lot 1, Block 3, Andover Station, Anoka County, Minnesota. Motion carried on a 5-ayes, O-nays, 2-absent (Greenwald and Falk) vote. PUBLIC HEARING: ORDINANCE AMENDMENT TO CONSIDER AMENDING ORDINANCE NO.1 0, SECTION 6.02 (PROCEDURE). THE PROPOSED AMENDMENT WOULD EXTEND REVIEW/COMMENT PERIOD FOR THE ANDOVER REVIEW COMMITTEE TO A FULL FIFTEEN WORKING DAYS FROM THE TIME IT IS RECEIVED AT THE CITY. Mr. Bednarz summarized the staff report. Commissioner Hedin questioned how many years ago it was that the ordinance was . changed to the 10-day requirement. Mr. Bednarz stated that it was probably about five years ago, since the sketch plan process didn't exist prior 1997. Commissioner Daninger questioned who would be affected by this amendment. He questioned the reasoning behind not allowing 20-days. Mr. Bednarz explained that it's already a lengthy process; therefore staff doesn't want to extend it anymore than what is necessary. Commissioner Hedin questioned if staff contacted any developers to receive their input. Mr. Bednarz stated that the only notification was the notification in the newspaper. o () C,-j Regular Andover Planning and Zoning Commission Meeting Minutes - June 25, 2002 Page 10 Commissioner Hedin questioned staff on how they feel the developers will react to the extra 5 days. Mr. Bednarz mentioned that typically the developers prefer the shortest time frame that's possible. Commissioner Kirchoff mentioned that it could be less than the 15 business days. Mr. Bednarz stated that that is correct. Motion by Daninger, seconded by Hedin, to open the public hearing at 9: 15 p.m. Motion carried on a 5-ayes, a-nays, 2-absent (Greenwald and Falk) vote. There was no public input. Motion byDaninger, seconded by Hedin, to close the public hearing at 9:15 p.m. Motion carried on a 5-ayes, O-nays, 2-absent (Falk) vote. Motion by Hedin, seconded by Daninger, to recommend to the City Council approval of Ordinance No. 10, an Ordinance Establishing the City Council as the Platting Authority ofthe City, Establishing Regulations and Procedures for the Subdivision and Platting of Land within the City, and Providing Penalties for the Violation of this Ordinance. Motion carried on a 5-ayes, a-nays, 2-absent (Greenwald and Falk) vote. / '\ OTHER BUSINESS '--) Mr. Bednarz stated that he has Planning Commission textbooks to distribute to each Commissioner. He mentioned that there are plans to schedule a training session between the City Attorney and the Planning Commission in July. The reason is to review basic meeting procedures and policies. Commissioner Hedin suggested his replacement also be in attendance for the training seSSIOn. ADJOURNMENT Motion by Daninger, seconded by Kirchoff, to adjourn the meeting at 9:20 p.m. Motion carried on a 5-ayes, O-nays, 2-absent (Greenwald and Falk) vote. Respectfully Submitted, Sara Beck, Recording Secretary TimeSaver Off Site Secretarial, Inc. C)