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HomeMy WebLinkAboutApril 9, 1985 ~o&ANDOVER REGULAR PLANNING AND ZONING COMMISSION MEETING APRIL 9, 1985 AGENDA Call to Order - 7:30 P.M. Approval of Minutes - March 26, 1985 1. Comm. #1-85-2 2. Comm. #1-85-4 3. Camm. #3-85-1 4. Comm. #3-85-2 5. Comm. #3-85-3 6. Comm. #3-85-4 7. Comm. #3-85-5 Woodland Terrace Special Use Permit & Prelimi.nary plat public Hea ri ng, Con t. Majestic Meadows Prel iminary Pl at Public Hearing Radeen Nordeen Special Use Permit Public Hearing Marvin Benson Special Use Permit publ ic Hearing Doris Boie Lot Split Kottke's Bus Service Variance Harvey Fisk Variance ~ ~ ANDOVER REGULAR PLANNING AND ZONING COMMISSION MEETING APRIL 9, 1985 MINUTES The regularly scheduled Andover Planning and Zoning Commission meeting was called to order by Chairman Don Jacobson at 7:35 P.M., Tuesday, April 9, 1985 at the Andover City Hall, 1685 Crosstown Boulevard N.W., Andover, Minnesota. Commissioners Present: Commissioners Absent: Also Present: Apel; Bosell; Jovanovich; Rogers; spotts; Ward None Dave Almgren, Building Official; Jim Schrantz, City Engineer; L.B. Carlson, Curt Adams, Sylvia Britton, Woodland Development; Radeen Nordeen; Jim Perry; Marvin Benson; Doris Boie; Harvey Fisk; others Approval of Minutes - March 26, 1985 MOTION by Spotts, seconded by Rogers to approve the minutes of March 26, 1985 with corrections. Motion carried on a 6 yes, 1 present (Bosell) vote. Woodland Terrace Preliminary Plat and Special Use Permit Public Hearing, Cont. (Comm. #1-85-2) Curt Adams, Woodland Development - presented new copies of the plat to the Commission, noting the changes that were made since the last meeting including moving Narcissus Street over to line up with Poppy Street and indicating where Phase I will be. \airman Jacobson noted for the record that a letter from John Trygstad, 13323 Lily Street was received registering objection to Lily Street being extended. Also, a letter was received from residents of Coon Rapids and Andover expressing concern about Lily Street. There are approximately 25 signatures on the letter. Mr. Jacobson asked if the Anoka County Highway Department had responded in regard to the plat. City Engineer Schrantz noted that he spoke to them this afternoon and they felt that we should make l33rd Lane the primary access. A letter will be coming from them. Mr. Carlson stated the Sylvia Britton also called them and asked specifically for the content of that letter. Chairman Jacobson asked if the developer had met with the Park Board. Mr. Adams noted that they have worked out an agreement with a park being donated and also improvements by the developer in the park. Commissioner Bosell noted that he is on of consent from the to have the type of at City Hall also. data. asked Mr. Carlson if he is the fee owner of the property. Mr. Carlson most of it. Commissioner Bosell noted that he needs to obtain a letter fee owner. On the plat, Rose Street, 133rd, l34th and Lily Street need surface and width indicated. The restrictive covenants need to be filed Commissioner Bosell asked the engineer if he has received the soils Mr. Schrantz noted that he has not received the soils data but felt that there should be no problems. .ommissioner Bosell also noted that the minimum basement elevations are not shown on the plat with Mr. Adams stating that they will be part of the grading and drainage plan. Ms. Bosell also noted that the corners need to be radiused. Mr. Adams noted that a typical is shown on Poppy Street. Regular Planning Commission Meeting April 9, 1985 - Minutes Page 2 .,{oodland Terrace, Cont.) Commissioner Rogers noted that there is a lot in the second phase next to the park with no lot number on it and asked what it is. Mr. Adams noted that it is part of the park. Commissioner Rogers asked if we have both Courts and Circles in the city. Mr. Schrantz stated that we do. Circles have three houses on them and Courts have more than three houses on them. Mr. Rogers questioned whether the streets by the townhouses would be public or private. Mr. Adams noted that they will be public. Commissioner Spotts asked what the purpose is of Outlot A. Mr. Adams stated it is a drainage easement. Chairman Jacobson noted that the street in the northeast corner where the townhouses will be must have a name on it and suggested that Mr. Adams get together with the engineer to put a name on it. We should also address how the people in the condo area are going to get in and out. Mr. Adams stated that there proposal is that two of the units would enter from Narcissus Street and two would enter from the cul-de-sacs. Chairman Jacobson asked where the access will be from the office building. It was noted that the frontage road will be used. Commissioner Bosell noted that the office building lot should have a lot and block number and ~so there is no southern dimension on Lot 1, Block 3. She also noted that there is a butt lot in Block 7 and asked if that would be allowed. Chairman Jacobson stated that because this is a PUD, they can vary from that. Commissioner Bosell asked if the lots on Orchid Court have 80 feet of frontage at the setback line as the dimension at the right-of-way line is shown as 50 feet. It was noted that they do have at least 80 feet of frontage. At this time, Chairman Jacobson asked for comments from the public regarding the Lily Street Extension. Kermit Kirkevold, 13311 Round Lake Boulevard - asked what the County will do with the traffic if l33rd Lane is going to be consider the main access from the plat onto Round Lake Boulevard. Mr. Schrantz stated that at some future time at that intersection, such as a stop light. constructed for at least two years. the County will establish some type of control It was also noted that l33rd Lane will not be Edsel Wicklund, 13333 Lily Street N.W. - stated that he recently built his home and one of the reasons he bought the property was because it is a cul-de-sac. He suggested that the roadways that go to Coon Rapids could connect to Lily Street further to the south. John Trygstad, 13320 Lily Street - Felt that the extension of Lily Street represents a hazard to his family. He also noted that he spoke to the City Engineer who suggested butting together two cul-de-sacs. _im Larson, 13315 Lily street - felt that with development to the south in the future, the streets should connect to Lily Street to the south. Chairman Jacobson stated that he would be agreeable to ending the street there; it would be Regular Planning Comm~ssion Me~~~ng April 9, 1985 - Minutes Page 3 '~oodland Terrace, Cont.) up to the Council to decide whether it should be extended because it is not within the plat. Commissioner spotts asked Mr. Carlson what his feelings are regarding the extension of Lily Street. Mr. Carlson noted that when he first submitted the plat, it was without that street going through. Commissioner Bosell stated that the first time this plat came in, Lily Street was one of the main problems. She asked Mr. Trygstad if there is an easement for road purposes on his lot. Mr. Trygstad stated that there is, but he was told it would be for a cul-de-sac not a through street. Jim Larson - stated that as far as fire protection, all they need to do is call 911 and the fire department will respond. He also stated that a few years ago, there was a fire in their area and the Anoka Fire Department responded. Commissioner Rogers asked if we had received any comments from the City of Coon Rapids. Mr. Schrantz noted that he spoke to Lee Starr from Coon Rapids and they suggested that we not extend Lily Street, that we not extend Narcissus or Rose Street. Mr. Schrantz said there is nothing in writing from them yet. Bob Loftus, 13233 Lily Street N.W. - stated that they presented a petition to the Coon Rapids City Council and the city planner. In their discussion, at the City Council meeting, they suggested that there would be a city-wide meeting in Coon Rapids to discuss this with the landowners on Lily and Kerry Streets. Commissioner Bosell asked what the dotted line on Lot 7, Block 6 represents. Mr. Adams stated is an easement for storm sewer. Chairman Jacobson stated that it should be noted on the plat. Mr. Schrantz stated that the easement might not be needed; it depends on which way the water drains. Mr. Trygstad is less than ments by the asked the size of the park. the 10% required; however, developer to the park. Chairman Jacobson stated that it is 2.63 acres which the Park Board said that there will be some improve- Mr. Carlson stated that the land they are g~v~ng for park is adjacent to an existing park. The park will have soccer fields, ballfields, etc. MOTION by Spotts, seconded by Rogers to close the public hearing. Motion .carried unanimously. The City Engineer noted that Narcissus Boulevard should be changed to Narcissus Street. He also noted that the Fire Department is concerned that there isn't circulation between the area known as Meadow Creek and this plat. They asked why there was no discussion on extending l35th Avenue over to that area. Commissioner Bosell noted that l35th Avenue would be outside of this plat and would go through the Assembly of God Church property. Mr. Carlson also noted that he talked to the church about this and they don't want the street to go through. MOTION by Apel, seconded by Spotts that the Andover Planning and Zoning Commission recommend J the City Council approval of a special Use Permit for a Planned Unit Development requested ~y Lawrence B. Carlson for the proposed subdivision of Woodland Terrace for the following reasons: 1) It does not adversely affect the health, safety or general welfare of the community; 2) It will have no adverse affects on the surrounding property values; 3) The use Regular Planning Con". ~sion Me, ng April 9, 1985 - Minutes Page 4 (Woodland Terrace, Cont.) is in conformance with the Comprehensive Plan; 4) It will not cause, as far as we can ascertain, any serious traffic problems. This motion will stand only if the preliminary plat is approved. Motion carried on a 6 yes, 1 abstain (Ward) vote. This will go to the City Council on April 16, 1985. MOTION by Apel, seconded by Jovanovich that the Andover Planning and Zoning Commission recommend to the City Council approval of the preliminary plat for Woodland Terrace being developed by Lawrence B. Carlson with a special notation on Block 14, Lot 9 disallowing access onto the frontage road and Lily street be constructed with the recommendation that it not be constructed with the idea of eventually pushing it through. That it be constructed so that if there is need for fire protection that the engineer's suggestion of a roadway be used to give them the fire protection. Approval is contingent upon the following: 1) The receipt of a letter from the Anoka County Highway Department in regard to l33rd Lane; 2) Subject to the approval by the Park Board as to the park dedication. Discussion: watershed. It was the Street. Commissioner Rogers asked if we have resolved all of the problems with the The Chairman noted that they have been notified and that is all that is required. concensus of the Commission that there should be a temporary turnaround at Lily AMENDMENT to Motion by Apel, seconded by spotts that a temporary turnaround be constructed at Lily Street. '~airman Jacobson also suggested that Outlot A be taken care of. AMENDMENT to Motion by Apel, seconded by Jovanovich that Outlot A should either be added to Lot 7, Block 6 or the property owners to the north and south should acquire it, whichever is more feasible. Motion and amendments carried unanimously. Discussion: Adams stated are designed, commissioner Bosell asked if we should have drawings for the townhouses. Mr. that they haven't been designed yet. It was suggested that when the townhouses they should go to the City Council for approval of the designs. Recess 8:45 - Reconvene 8:50 Majestic Meadows Preliminary Plat Public Hearing (Comm;#l-85~4) DeWayne Olson noted that he is the engineer representing the developer. Chairman Jacobson asked if the developer had met with the Park Board as yet. Mr. Olson noted that they have not but they would prefer to give cash in lieu of land. Chairman Jacobson stated that there are existing structures on the two north properties that need to be indicated on the plat. Also, along Coon Creek there is a 100 foot easement on both sides. Mr. Olson noted that everything that falls within the 100 year flood plain is shown on the plat. He also stated that this has been submitted to the Watershed District but they have not received a comment as yet. Chairman Jacobson Lots 2 and 5 will not be allowed to front onto Prairie ~oad. Commissioner Spotts asked if they still planned to build a model home. Mr. Olson noted that they have a party who wants to build on Lot 1, Block 1. Regular Planning Commission Meeting April 9, 1985 - Minutes Page 5 lajestic Meadows, Cont.) Commissioner Bosell noted that there are no square footage dimensions on any of the lots. Also, on the site date it says Proposed Zoning; this should read Proposed Use as there is no rezoning involved. Mr. Schrantz noted that the areas needing fill have to be shaded. Mr. Olson stated that there is only one fill area in the southwest corner of Lot 6. Commissioner Bosell asked if there will be restrictive covenants. James Perry, the developer of the plat, noted that there will not be any. Commissioner Bosell also noted that the minimum basement elevations are not indicated. Also, the corners need to be radiused. She also noted that on Lots 3 and 4, at ,the setback line it doesn't appear that they meet the 300 foot requirement. and if they don't, a tangent line needs to be established. Chairman Jacobson asked if this plat had been presented to the Anoka County Highway Department. Mr. Perry indicated that there is only one lot that will be affected by the County and they have been contacted. Chairman Jacobson noted that the type of surface of Andover Boulevard needs to be indicated on the plat. At this time, Chairman Jacobson opened the public hearing. .vmmissioner Spotts noted that parcel noted as an exception. Schrantz didn't feel it should Mr. Perry had indicated He asked if that parcel be. that he wished to build a home on the should be a part of the plat. Mr. MOTION by Bosell, seconded by Rogers to close the public hearing. Motion carried unanimously. The following items still need to be completed on the plat: 1) Highway Department has to look at Andover Boulevard; 2) soil borings; 3) Parks Board needs to look at the plat. MOTION by Apel, seconded by Rogers to table this item to the next meeting to give the developer and the engineer time to make the changes on the plat as suggested tonight. Discussion: Commissioner Bosel1 stated that since Lot 1 has not changed, this could be sent on to the Council saying that we agree that Lot 1 needs to have a variance and let the Council decide if they want to grant the variance before the plat is approved so that Mr. Perry can start building a house. Mr. Perry noted that it was his understanding after the last meeting that he could split off that lot by metes and bounds and get a building permit for it. Vote on Motion: Carried unanimously. MOTION by Spotts, seconded by Bose11 that the Andover Planning and Zoning Commission recommend to the City Council approval of a variance for Lot 1, Block 1, proposed preliminary plat of Majestic Meadows pursuant to Ordinance 8, Section 5.04 for lot width for the following reasons: 1) A hardship is created due to current metes and bounds dimension lot; 2) The lots to the qast and west are owned by others and are not available to Mr. Perry. Motion carried unanimously. This will go to the City Council on April 16, 1985. Regular Planning Commission Meeting April 9, 1985 - Minutes Page 6 ~deen Nordeen Special Use Permit Public Hearing (carom. #3~85~1) Radeen Nordeen, 15357 Prairie Road NW - stated that she is requesting a Special Use Permit to operate a beauty salon in her home. Chairman Jacobson asked the building inspector if the drawing supplied is sufficient. Mr. Almgren stated yes, they meet the requirements and the septic system is large enough to handle a beauty shop. Commissioner Jovanovich asked Mrs. Nordeen if she has ample parking. Mrs. Nordeen stated that does. Commissioner[)Spotts asked what the hours ofr,operationwill be. Mrs. Nordeen said that she would like to be open from 10:00 A.M. to 5:00 P.M. Monday through Friday and possibly Tuesday and Thursday evenings by appointment only. She will not be open on Saturdays. Chairman Jacobson asked Mrs. Nordeen if she has a cosmetology license. She said that she does. Chairman Jacobson opened the public hearing. It WaS noted for the record that no one appeared either for or against this item. MOTION by Spotts, seconded by Rogers to close the public hearing. Motion carried. MOTION by Jovanovich, seconded by Rogers that the Andover Planning and Zoning Commission recommend to the City Council approval of a Special Use Permit requested by Radeen Nordeen at 15357 Prairie Road N.W. for a beauty salon in her home. Approval is recommended for the following reasons: 1) The proposed use will not be detrimental to the health, safety or !neral welfare of the community; 2) It will not cause serious traffic congestion; 3) It will not seriously depreciate surrounding property values; 4) The use is in harmony with the zoning ordinance and the comprehensive plan; 5) It is in conformance with Ordinance 8Q. It should be noted that a public hearing was held. The Special Use Permit is subject to an annual review of the beauty salon and an annual septic system inspection. Approval is contingent upon the hours of operation being 10:00 A.M. to 5:00 P.M. Monday through Friday and Tuesday and Thursday evenings the hours may be extended to 9:00 P.M. Motion carried unanimously. This will go to the City Council on May 7, 1985. Marvin Benson Special Use Permit Public Hearing (Corom.j3-85~2) Marvin Benson, 14817 Round Lake Boulevard - stated that he has 8 to 9 acres of low land on the south side of his property that in the past was rented out to the vegetable farmers; however, in the last few years, this land has gotten wet making it impossible to farm. He noted that he proposes to sell the black dirt, leaving a duck pond affair. The land is of very little value in its present state. The south 600 feet is the property where the dirt will be removed. Chairman Jacobson noted that a phone call was received from Blanche Gallant who owns property adjoining Mr. Benson's opposing the issuance of the Special Use Permit if removal of the black dirt would damage her property. Commissioner Rogers asked if the ditch is private. Mr. Benson noted that he owns half of .~ and Ken Slyzuk and Blanche Gallant own the rest. Commissioner Spotts noted that Ordinance 8, Section 4.24 requires a plan for the finished grade and also a route showing which way the trucks hauling the dirt will be going. Commissioner Bosell noted that the route is listed on the application; however, we do need to know what the property will look like when Mr. Benson is through selling the dirt. Regular Planning Commission Meeting April 9, 1985 - Minutes Page 7 3enson Special Use Permit, Cont.) Commissioner Bosell suggested that Mr. Benson do a general plan for the finish grade so that it can go to the City Council with this item. Mr. Benson stated that he has two driveways so there won't be a problem with trucks going out onto the street. Chairman Jacobson opened the public hearing. Al Parent, 14821 Blackfoot Street N.W. - noted that he owns property to the north of Mr. Benson and one thing that concerns him is the traffic. There is a curve where Mr. Benson's property is and when you drive a truck that is loaded it takes awhile to get them going. He was also concerned with the finish grade of the property. Chairman Jacobson noted that the Special Use Permit will be reviewed annually. Mr. Parent asked what will happen if things are not correct. Mr. Jacobson noted that the Special Use Permit can be revoked. Commissioner Bosell felt that the area will be unslightly for a while but when Mr. Benson terminates that east area he will start grading and sloping it making it more presentable. Mr. Parent stated that the truck traffic is going to create some additional hazards. Ken Slyzuk noted that he has no objections to the issuance of the Special Use Permit as ~at is the only thing that can be done with that property. Chairman Jacobson asked how much dirt Mr. Benson plans to remove. Mr. Benson noted that it will be approximately 80,000 cubic yards. He will be dredging the dirt and storing it on the property until 'it is sold. Chairman Jacobson suggested that Mr. Benson set certain hours of the day for hauling. MOTION by Rogers, seconded by Apel to close the public hearing. Motion carried unanimously. Chairman Jacobson stated that his main concern is that there is no plan for the finish grade. Commissioner Apel agreed. Commissioner Bosell asked Ken Slyzuk if this item should be presented to the Watershed Board. Mr. Slyzuk stated that this won't contribute any water to the creek until the ditch is repaired. Once the level stabilizes, it won't add more water to the creek anyway. Chairman Jacobson asked the secretary to send a copy of Mr. Benson's request to the Watershed Board. MOTION by Rogers, seconded by Jovanovich that the Andover Planning and Zoning Commission recommend to the City Council approval of a Special Use Permit requested by Marvin Benson to mine in excess of 400 cubic yards of dirt from the property located at 14817 Round Lake Boulevard for the following reasons: 1) The proposed use will not be detrimental to the health, safety or general welfare of the community; 2) It will not cause any serious traffic congestion; 3) It will not seriously depreciate surrounding property values; 4) It is in harmony with the general purpose and intent of the Zoning ordinance and the Comprehensive Plan. A public hearing was held; there was some opposition received but would only apply if surrounding property was damaged as a result of the mining. The Special Use Permit is recommended for approval with the following conditions: will be removed before 8:00 a.m. or between the hours of 4:00 P.M. to 6:00 P.M. or 8:00 P.M.; 2) The Special Use Permit will be subject to an annual review. 1) No dirt after Regular Planning COIlll,,_ssion Me~ _~ng April 9, 1985 - Minutes Page 8 'Benson SUP, Cont.) Approval is contingent upon the receipt of a finish grading plan ,prior to the Planning Commission meeting of April 23, 1985. The truck route has been identified as County Road 9. Dirt being removed will be limited to the south 600 feet of the property and east of Round Lake Boulevard. Motion carried unanimously. This will go to the City Council on May 7, 1985. Doris Boie Lot Split (Comm. #3-85-3) Doris Boie, 13748 Round Lake Boulevard - stated that her property is approximately one acre in size and she would like to split it into two separate parcels. Chairman Jacobson asked if there are two sewer stubs. Ms. Boie replied that there are. There was a brief discussion of how large the parcel actually is, It was noted that the parcel is actually over one acre in size. Commissioner Bosell noted that the lot split will be subject to park dedication fees. MOTION by Bosell, seconded by Rogers that the Andover Planning and Zoning Commission recommend to the City Council approval of a lot split requested by Doris Boie to split the property located at 13748 Round Lake Boulevard into two parcels. The request is in compliance with Ordinance 40B, noting that the two parcels are served by sanitary sewer and have stubs to ~rve both lots. The lot split will be subject to a $100.00 park dedication fee. Under Ordinance 40, Section 3C, this lot split request would be in conformance with the Comprehensive Plan; it will not interfere with the orderly planning and it will not be contrary to public interest. The request does not nullify the lot split ordinance. Motion carried unanimously. This will go to the City Council on May 7, 1985. Kottke's Bus Service Variance (Comm. M3-85-4) Robert Varco, attorney representing Kottke's BuS ServiCe - noted that they are requesting a variance from the platting requirements. The parcel being split off will be used for mini-storage units. Chairman Jacobson asked what the living quarters are for that are shown on the site plan. Mr. Varco stated that it will be for an on-site manager. Dave Almgren stated that under Ordinance 8, Section 8.16, watchman's quarters are allowed in industrial districts but are only allowed to have one bedroom. Greg Wagner, Morton Buildings - noted that there will also be an office adjacent to the living quarters. He then showed the Commission pictures of what the mini-storage units will look like. They will have wood siding and will be tan with brown trim. Their plans ~e to build them sometime this summer. Mr. Wagner also noted that they have discussed the ,riveway with the County Highway Department. Commissioner Bosell asked if it will be a different driveway than the one the buses use. Mr. Wagner noted it will be north of that driveway. Regular Planning Commission Meeting April 9, 1985 - Minutes Page 9 \Kottke's Bus Variance, Cont.) Chairman Jacobson asked why they aren't platting instead of asking for a variance. Mr. Varco stated that it's more reasonable this way as there will not be a lot of little lots being developed. Commissioner Bosell noted that the platting ordinance and the lot split ordinance require a public hearing and this does not. She felt that the public should be notified as to what is going on with this property. The general concensus was that there should be a public hearing. Dave Almgren noted that they exceed the ordinance requirements. The only reason they are doing this is because you can't have two unlike businesses on the same parcel. Discussion centered on whether this is the correct request for this item. They are asking to vary from Ordinance 10, Section 7.02 and also waiving the platting requirement. Mr. Varco asked if the Commission could possibly recommend approval and have it subject to working this out with the city attorney. Chairman Jacobson asked if anyone had any problems with the layout of the proposed use. Commissioner Apel felt that it fits in with what is already in the area and it looks like a nice clean operation. Chairman Jacobson felt that the City Attorney should tell the Commission if this is the -orrect way to deal with this item. MOTION by Apel, seconded by Jovanovich that the Andover Planning and Zoning Commission recommend to the City Council approval of a variance requested by Kottke's Bus Service for Lot 15, Watts' Garden Acres in order to effect a lot split for commercial property so that Kottke Bus Service may build upon that second lot a number of mini-storage buildings. The variance is from Ordinance 10 so that Kottke Bus can take advantage of the coming building season by beginning the preliminary building and planning. Approval is recommended for the following reasons: 1) It is the general concensus that this is something that will fit well in that areal 2) It will not depreciate the surrounding property valuesl 3) It is in conformance with the Comprehensive plan; 4) Pursuant to Ordinance 10, Section 14.02, a hardship is created. ,: However, we would request that the City Attorney review the request before it goes to the City Council and get back to us prior to April 23rd if he sees any problems. Discussion: Chairman Jacobson noted that for identification purposes, the parcel being split off should be referred to as the Northeast corner, 328 feet to the south and 415 feet from County Road 78 to the west. Dave Almgren felt it should be Lot 1 .and Lot 2 of Block 1. Mr. Varco didn't feel you could have lots and blocks if you are not platting. Vote on motion: Carried unanimously. This will go to the City Council On ~y 7, 1985. Harvey Fisk Variance (Comm. #3-85-5) "arvey Fisk, 16444 Argon StreetN.W. - stated that he is re~uesting a variance so he can construct a 14' x 30' addition on the south end of his house. The reaSOn he wants the \ addition on the south side is because the river is to the west and the septic system is to the north. The addition would be six feet from the lot line rather than the 10 foot requirement. Regular Planning Commission Meeting April 9, 1985 - Minutes Page 10 I. Fisk Variance, Cont.) He also stated that there are 100 feet between his lot and the neighbor's house and it is solid woods. He also wants to build a garage that will be closer to the river than is allowed. Chairman Jacobson noted that the garage will have to be 150 feet from the river. Dave Almgren stated that if you're looking at the set back, he was grandfathered-in. If you do follow the 150 foot requirement, then the garage will be closer to the front lot line than the house and it will have to be constructed the same as the house. Mr. Almgren also noted that the north property line is 221 feet, the garage is 24' x 40' and there is a 60 foot setback, which leaves him 121 feet. Commissioner Rogers questioned the fact that he is going to have an accessory building when he already has a three car garage. Mr. Almgren explained that he could have accessory buildings that are 100% of the square footage of the ground cover of his house. MOTION by Spotts, seconded by Ward that the Andover Planning and Zoning Commission recommend to the City Council approval of two variances requested by Harvey Fisk of 16444 Argon Street N.W. The first variance is to put an addition on the south side of the house 6 feet from the property line rather than the 10 feet required. Pursuant to Ordinance 8, Section 5.04 a hardship is created because the septic system is on the north and the river is on the west. The second variance is for a 24' x 40' accessory building closer to the river than is allowed by Ordinance 52. Due to the configuration of the land, the setback would be less than the ~quired 150 feet from the ordinary high water mark. This will be sent to the DNR for ~proval. Vote on motion: Yes - Spotts, Jacobson, Ward; No - Bosell, Apel, Jovanovich, Rogers. Motion denied. Mr. Fisk asked if he could obtain a variance for just the garage so that he has some place for storage as he would like to keep his property looking neat. It was agreed to deal with the two variances separately. MOTION by Apel, seconded by Bosell to reconsider the motion. Motion carried unanimously. Commissioner Spotts asked Mr. Fisk if he would be willing to move the garage so that it is in line with the front of the house. Mr. Fisk agreed. MOTION by Spotts, seconded by Ward that the Andover Planning and Zoning Commission recommend to the City Council approval of a variance requested by Harvey Fisk to construc~ a 24'x40' accessory building at 16444 Argon Street N.W. The front portion of the garage will be at least as far back as the home, which faces Argon Street. Ordinance 52, the Scenic River Ordinance, states that the setback for an accessory building must be 150 feet from the ordinary high water mark. This particular request is to vary from that setback, making the setback 120 feet from the ordinary high water mark. Motion carried unanimously. This will go to the City Council on May 7, 1985. It will also be submitted to the Department of Natural Resources. )TION by Spotts, seconded by Ward that the Andover Planping and zoning Commission recommend to the City Council approval of a variance requested by Harvey Fisk to construct an addition to the existing dwelling at 16444 Argon Street. Pursuant to Ordinance.8, Section 5.04 a hardship is created due to the septic system being on the north side of the house, the river Regular Planning Con...~ssion Met. ~ng April 9, 1985 - Minutes Page 11 (H. Fisk Variance, Cont.) being on the west and the garage being on the east side of the house. The variance would be from the 10 foot setback requirement as the addition would be only six feet from the lot line. Vote on Motion: Motion denied. No - Apel, Jovanovich, Rogers, Bosell; Yes - Ward, Spotts, Jacobson. This will go to the city Council on May 7, 1985. Chairman Jacobson noted that at the next meeting we will be discussion an amendment to Ordinance 40A, Section C to delete the 2, acre requirement in the Urban Area. The secretary was asked to check with the City Clerk to see whether a public hearing is required. MOTION by Apel, seconded by Rogers to adjourn. Motion carried unanimously. Meeting adjourned at 11:47 P.M. Respectfully submitted, U'd&/ Vicki Volk Commission Secretary