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HomeMy WebLinkAboutOctober 23, 1984 ~~ANDOVER REGULAR PLANNING AND ZONING COMMISSION MEETING OCTOBER 23, 1984 AGENDA Call to order - 7:30 P.M. Approval of Minutes - 9/18/84; 10/9/84 1. Comm. #10-84-3 Howard/Tempel Special Use Permit PUblic Hearing 2. Comm. #7-84-3 Howard- Tempel Addition Preliminary Plat Public Hearing, Cont. 3. Comm. #10-84-1 John Scherer Special Use Permit Public Hearing 4. Comm. #10-84-2 Gregory Wade Variance 5. Comm. #10-84-4 Susan Hayes Variance 6. Comm. #10-84-5 Joyce Reich Variance 7. Comm. #10-84-6 John Imre Special Use Permit Public Hearing ~ ~ ANDOVER REGULAR PLANNING AND ZONING COMMISSION MEETING OCTOBER 23, 1984 MINUTES The regularly scheduled Andover Planning and Zoning Commission meeting was called to order by Chairman Don Spotts at 7:30 P.M., Tuesday, October 23, 1984 at the Andover City Hall, 1685 Crosstown Boulevard N.W., Andover, Minnesota. Commissioners Present: Commissioners Absent: Also Present: Apel, Bosell, Jacobson, Jovanovich, Rogers Perry Dave Almgren, City Building Official; Dale Howard; Norbert Tempel; Mrs. John Scherer; Gregory Wade; Michael Hayes; Joyce Reich; John Imre; others Approval of Minutes September 18, 1984 MOTION by Jacobson, seconded by Jovanovich to approve the minutes of September 18, 1984 as written. Motion carried on a 5 yes, 1 present (Bosell) Vote. October 9, 1984 MOTION by Jacobson, seconded by Jovanovich to approve the minutes of October 9, 1984 as written. Motion carried on a 3 yes, 3 present (Apel, Bosell, Rogers) vote. Howard-Tempel Preliminary Plat Public Hearing, CQnt. (Comm. #7-84-3)/ Howard-Tempel Special Use Permit Public Hearlng ~Comm. U10-84-3) Chairman Spotts opened the public hearing. He then explained to the audience that Mr. Howard and Mr. Tempel are requesting a special use permit to construct two twin homes in the proposed plat called the Howard-Tempel Addition. Commissioner Jacobson noted that the density as shown on the map should be changed as it is greater than 2 units per acre because of the twin homes. Mrs. Bob Jensen, 2849 - 135th Lane N.W. - noted that when someone came to her house with a petition, she was told that this was going to be single family housing. and not condos, apartments or duplexes. Mrs. Jensen stated that she is against the twin homes being built. Lawrence Schwartz,2844 - 135th Lane N.W. - stated that because he has solar units on his house, he wouldn't want to have anythlng built that is over two stories. Mr. Howard stated that l! stories is the maximum that he would allow to be built. Commissioner Bosell asked that audience if the concern is two family homes that are rented or just two family homes. Bob Jensen stated that he would be against rental units. However, he stated that if they are sold, they could eventually become rental units. Mrs. Jensen - stated that she is against twin homes. She would rather have single family homes. Mr. Howard noted that when he went around to talk to the neighbors, there were two single family homes in the area that are being rented. He also stated that he would not build Planning Commission Meeting October 23, 1984 - Page 2 (Howard-Tempel Special Use Permit, Cont.) anything unless he had a buyer for it first. Glenn Harmon, 2811 - 135th Avenue N.W. - noted that if he owned the property, he wouldn't like the neighbors telling him what he could or could not build. Suggested that Mr. Howard put up a privacy fence if that would make the neighbors feel better. Commissioner Jacobson explained that the petition Mr. Howard went around with was a nice gesture but is not required by ordinance. A public hearing notice was mailed out which is required. The City Council changed the ordinance a while ago to say that no doubles are allowed unless they are a part of an original plat. The Special Use Permit just gives Mr. Howard the opportunity to build twin homes if he decides to do so. He also explained that the Planning Commission only recommends to the City Council what should be done; the City Council makes the ultimate decision. Mrs. Jensen asked why they were asked for their opinions then. Commissioner Jacobson noted that it is because it is required by the ordinance to notify the property owners within 350 feet of the property in question. Jim Lenter, 2823 - 135th Avenue N.W. - noted that his concern is that the twin homes be compatible with the existing homes in the area. He asked what the price range of the homes would be. Dale Howard stated they would be between $65,000 and $70,000. He also stated that he doesn't want any ramblers. Glen Harmon - asked if the lot that backs up to his will have a 35 foot rear yard. Chairman Spotts noted that 35 feet is the minimum rear yard setback; it can be greater than that. Mr. Jensen asked Mr. Howard why he wants to build doubles. Mr. Howard noted that in talking to the city staff, the Planning and Zoning Commission and others, it was felt that because the two lots specified for the twin homes are so much bigger than the others, twin homes would be the best. Also, there are people who want to buy a house but can't afford a single family home. Commissioner Bosell noted that if he meets the ordinances, the city cannot deny his request. Mrs. Jensen stated that he can't be a bleeding heart for the community. MOTION by Bosell, seconded by Jacobson to close the public hearing on the Special Use Permit. Motion carried. MOTION by Jacobson, seconded by Apel to close the public hearing on the preliminary plat. Motion carried. The Commission noted that the following items need to be done on the plat: The grading plan needs to be approved by the City Engineer and the density needs to be changed. MOTION by Apel, seconded by Rogers that the Andover Planning and Zoning Commission recommend to the City Council approval of a Special Use Permit requested by Dale Howard and Norbert Tempel to build two twin homes on Lots 3 and 4 in the proposed plat of Howard-Tempel Addition legally described as Lot 2, Block 1, Country Estates Addition, Anoka County, Minnesota and the East 473.48 feet of Lots 11 and 12, Auditor's Subdivision No. 102, Anoka County, Minnesota. Except that part of Lots 11 and 12 taken for County State Aid Highway No. 18 and subject to easements of record, for the following reasons: 1) The proposed use will not be detrimental Planning Commission Meeting October 23, 1984 - Page 3 (Howard-Tempel SUP, Cont.) to the health, safety or general welfare of the community; 2) It will not cause serious traffic congestion or hazards; 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 were parties present in opposition to the plat, largely because of the twin homes. although one of the individuals mentioned that a privacy fence might help and one asked that the twin homes not be inexpensive or two story dwellings. Approval is pursuant to Ordinance 8M, Section 7.03. Motion carried unanimously. This will go to the City Council the first meeting in November. MOTION by Jacobson, seconded by Apel that the Andover Planning and Zoning Commission recommend to the City Council approval of a preliminary plat known as the Howard-Tempel Addition legally described as Lot 2, Block 1, Country Estates Addition. Anoka County, Minnesota and the East 473.48 feet of Lots 11 and 12. Auditor's Subdivision No. 102, Anoka County, Minnesota. Except that part of Lots 11 and 12 taken for County State Aid Highway No. 18 and subject to easements of record, for the following reasons: 1) The plat is in conformance with the Comprehensive Plan; 2) The plat has been reviewed by the Coon Creek Watershed Board; 3) The plat has been reviewed by the Anoka County Highway Department; 4) The plat meets City ordinances with a variance being granted for lot depth on Lots 1, 2 and 5. Approval of the plat is contingent upon the City Engineer approving the grading plan. It should be mentioned that city sewer is provided and the applicants will be petitioning for the other utilities. Motion carried unanimously. This will go to the City Council the first meeting in November. John Scherer Special Use Permit Public Hearing (Comm. #10-84-1) Chairman Spotts opened the public hearing. Mrs. Scherer, 1560 Andover Boulevard N.W. - stated that they are requesting a Special Use Permit so that they can have people come to their property to cut their own Christmas trees. She noted that there will be a couple of areas where they can park in the Christmas tree lot. Chairman Spotts asked if they plan to post any signs. Mrs. Scherer noted that they will have one sign. It was suggested that Mrs. Scherer contact City Hall to see what the ordinance regulations are for signs. Commissioner Bosell asked if the trees that are cut done will be replaced. Mrs. Scherer stated that the stumps will be removed and new trees will be planted. MOTION by Jacobson, seconded by Apel to close the public hearing. Motion carried. MOTION by Jacobson, seconded by Apel that the Andover Planning and Zoning Commission recommend to the City Council approval of a Special Use Permit requested by John Scherer at 1560 Andover Boulevard N.W. to operate a choose andricut Christmas tree sales lot pursuant to Ordinance 8, Section 7.03 with the following provisions: 1) The Special Use Permit will be reviewed on an annual basis; 2) That there be no parking on either Hanson Boulevard or Andover Boulevard; 3) The Special Use Permit is valid only for weekends from Thanksgiving through December 25th of each year; 4) Signs shall be of the size stipulated by ordinance. Approval is recommended for the following reasons: 1) It will not have an adverse affect on the surrounding properties; 2) It is not detrimental to the health, safety or general welfare of the community; it is in harmony with the general purpose and intent of the Zoning Planning Commission Meeting October 23, 1984 - Page 4 (John Scherer Special Use Permit, Cont.) Ordinance. A public hearing was held; there were no adverse comments from adjoining property owners. Motion carried unanimously. This will go to the City Council on November 20, 1984. Gregory Wade Special Use Permit Public Hearing (Comm. #10-84-2) Chairman Spotts opened the public hearing. Greg Wade, 10434 Quince Street - stated that he is requesting a Special Use Permit in order to build a pole building prior to the construction of his house. Commissioner Jacobson asked how far in from University Mr. Wade plans to build the pole building. Mr. Wade stated that it will be about 200 feet. Commissioner Jacobson asked Mr. Wade when he plans to build his house. Mr. Wade stated that it will be about a year. Chairman Spotts asked how big the pole building will be. Mr. Wade replied that it will be 36' x 48'. Commissioner Jacobson asked Mr. Wade why he wants to build a pole building before he builds his house. Mr. Wade stated that he needs to keep his building materials in the building so they don't get stolen. Commissioner Bosell asked how far from the side lot line the building will be. Mr. Wade was not sure, but stated that he has to find out that kind of information before he starts building. Commissioner Bosell reminded Mr. Wade that the building cannot be unfinished but has to be color coded. Commissioner Rogers asked what the problem was that we had before with pole buildings. City Building Inspector Dave Almgren noted that there was only one that he knows of that got into a different use than what it was supposed to be. MOTION by Apel, seconded by Rogers to close the public hearing. Motion carried. MOTION by Apel, seconded by Rogers that the Andover Planning and Zoning Commission recommend to the City Council approval of a Special Use Permit requested by Gregory Wade to construct an accessory building prior to the construction of the principal structure on the property described as 'That part of the South 312.29 feet of the North 780.14 feet of the North half of the Northeast Quarter of Section 24, Township 32, Range 24, Anoka County, Minnesota, lying East of the West 1216 feet thereof. Subject to an easement for University Avenue over the East 33 feet thereof', pursuant to Ordinance 81, Section 8.20 and Ordinance 8, Section 7.03. The maximum size of the building shall be 36' x 48'; the setback has been stated as being approximately 200 feet from University Avenue; it will be in conformance with the side yard setbacks and ordinances describing the siding, which shall be painted. The Planning Commission recommends approval for the following reasons: 1) The proposed use will not be detrimental to the health, safety or general welfare of the community; 2) 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 no opposition. When the principal structure is built, it must be in front of or closer to University Avenue Planning Commission Meeting October 23, 1984 - Page 5 (Gregory Wade Special Use Permit, Cont.) than the accessory building. The pole building will be used for cold storage only. Motion carried unanimously. This will go to the City Council on November 20, 1984. Recess 8:35; Reconvene 8:47 Susan Hayes Variance (Comm. #10-84-4) Michael Hayes, 14315 Partridge Street N.W. - noted that he would like to build a 12' x 20' shed. On the application, his wife wrote that it would be 16' x 20'. The reason for the shed is because he has four children who have bikes and sleds and no where to put them. Dave Almgren-noted that when Mrs. Hayes talked to him about this building, he calculated it using 16' x 20'. Being that size, they would have to have a variance, but now that the building is only going to be 12' x 20', there is no reason for a varianc.e. Commissioner Jacobson asked the building inspector if he would issue a permit to Mr. Hayes now knowing the building' will only be 12' x 20'. Mr. Almgren replied that he would. MOTION by Jacobson, seconded by Apel that the Planning and Zoning Commission request the City Clerk to refund the unused portion of the variance fee to Susan Hayes as the Building Official and Planning Commission find a variance is not needed. Motion carried unanimously. Joyce Reich Variance (Comm. #10-84-5) Joyce Reich, 6016 Eden Prairie Road, Edina - noted that this property was part of an estate and when it was split her nephew handled it. He owns the 20 acres to the west of this property and she is left with a parcel that is 18.8 acres with 515 feet of frontage on Andover Boulevard. Commissioner Jacobson asked when the property was split. Ms. Reich stated that it was three or four years ago. She also stated that she has neighbors on both sides of this parcel and they don't want a road down the middle of it. Commissioner Bosell felt that this should have come in as a lot split instead of a variance. Ordinance 40B states that a residential lot split is any division of a lot, parcel, or tract of land into not more than two parcels when both divided parcels meet or exceed the minimum requirements for platted lots in the applicable zoning district. Dave Almgren felt it should be a variance because the lots are more than five acres in size which is greater than is required in this zoning district. Commissioner Jacobson asked if the lots should be divided so they are both the same size or if one should have 300 feet of frontage and the other have 215 feet. The concensus of the Commission was that they should be divided equally. It was suggested that the City Attorney be asked if this should actually be a lot split or if it should be a variance. Planning Commission Meeting October 23, 1984 - Page 6 (Joyce Reich Variance, Cont.) MOTION by Jacobson, seconded by Apel that the Andover Planning and Zoning Commission recommend to the City Council approval of a variance requested by Joyce Reich for a parcel of property described as the East One-Half of that part of Lot 1 of Auditor's Subdivision No. 141. The Commission has had some difficulty with handling this request in determining whether this should be a variance as it came to the Commission or if it should be a lot split. The definition in Ordinance 40B states that the resultant lots meet or exceed the minimum requirements for platted lots in the applicable zoning district. The Commission is in agreement that the parcel should be allowed to be split and recommend the variance for the width to accomplish splitting the parcel in half. The Commission requests that the City Attorney determine whether the variance is appropriate or if a lot split is appropriate. If the lot split is appropriate, the imposition of the park dedication fees is necessary. The resultant lots will each have 257.5 feet of frontage on Andover Boulevard. Approval is pursuant to Ordinance 8, Section 6.02. Motion carried on a 5 yes, 1 abstain (Bosell) vote. This will go to the City Council on November 20, 1984. Commissioner Bosell suggested that the City Attorney be contacted for an opinion prior to the November 20th City Council meeti ng. John Imre Special Use Permit (Comm. #10-84-6) John Imre, 15844 Sycamore StreetN.W. - noted that he is asking for a Special Use Permit in order to sell new and used auto parts in a building. It should be noted that because a list of the adjoining property owners was not provided to the city, the public hearing on this item was not held. Mark Kiperstin, attorney representing Mr. Imre - noted that Mr. Imre sells auto parts at 1856 Bunker Lake Boul evard at the present time and that he has an offi ce at 1714 Bunker Lake Boulevard, but does not sell anything there. He stated that their intent is to proceed through the proper channels so that Mr. Imre can operate his business. He also stated that he asked the City Clerk if dismantling of cars was allowed and was told that it was not. In view of that fact, he asked the Commission where the cars could be taken apart. Commissioner Bosell stated that the dismantling could occur at 1856 Bunker Lake Boulevard as that is licensed as a junkyard. Mark Lindell, architect - presented a site plan for the building that Mr. Imre plans to construct. This item will be continued on November 13th as a public hearing. MOTION by Rogers to adjourn. Motion carried unanimously. Meeting adjourned at 10:00 P.M. Respectfully submitted, u'/,d/ Vicki Volk, Commission Secretary