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HomeMy WebLinkAboutSeptember 25, 1984 ~ 0& ANDOVER REGULAR PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 25, 1984 AGENDA Call to order - 7:30 P.M. Approval of Minutes 1. Comm. #9-84-1 Diane Kirchner Lot Split 2. Comm. #9-84-2 Barry Gusk Variance 3. Comm. #9-84-3 Meadow Creek Baptist Church Amended Special Use Permit Public Hearing 4. Comm. #9-84-4 Lakeview Villas Sketch Plan ~ 01 AN DOVER REGULAR PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 25, 1984 MINUTES The regularly scheduled Andover Planning and Zoning Commission meeting was called to order by Chairman Don Spotts at 7:35 P.M., Tuesday, September 25, 1984 at the Andover City Hall, 1685 Crosstown Boulevard N.W., Andover, Minnesota. Commissioners Present: Commissioners Absent: Also Present: Apel; Bosell; Perry; Jovanovich; Rogers Jacobson Diane Kirchner; Berry Gusk; Grady Kinghorn; John Thomsen; Building Inspector, Dave Almgren; Mayor Windschitl; others Approval of Minutes September 11, 1984 MOTION by Apel, seconded by Jovanovich to approve the minutes of September 11, 1984 as written. Motion carried on a 5 yes, 1 present (Bosell) vote. Diane Kirchner Lot Split (Comm. #9-84-1) Diane Kirchner, 14509 Round Lake Boulevard - noted that she would like to split her property, which is two acres in size, into three lots. Commissioner Bosell asked whether the contractor on South Coon Creek Drive is stubbing all three lots. Ms. Kirchner noted that they are. Commissioner Bosell also noted that Jim Schrantz, the City Engineer, spoke to her earlier and told her that the setback on South Coon Creek Drive will be 46 feet. Ms. Kirchner noted that the lot marked as having a width of 80 feet is actually 77.81 feet. The City Council told her that that would be no problem. Commissioner Bosell stated that the right-of-way on Round Lake Boulevard is 50 feet. There are several variances that will be required. One will be for creating three lots instead of two. Ordinance 40, however, states that the City Council can vary from the ordinance. If the interior lot is 80 feet, the lot on Round Lake Boulevard is short because it needs to be 95 feet wide because it's a corner lot. The Mayor has noted that the bottom line is that the lots meet the 11,400 square foot requirement, which they do. Dave Almgren, Building Inspector noted that the South Coon Creek Drive/Round Lake Boulevard lot is only 90 feet wide and the setback on Round Lake Boulevard is 50 feet, which leaves a 40 foot space for building. He stated that because the building space available is so small, the house will have to be designed to fit it. Ms. Kirchner presented a survey she had done on the property prior to the start of the sewer project showing the property split into three parcels. Dave Almgren suggested that the lot lines be moved so the corner lot is 95 feet wide, which would leave more room for a house. This would leave the interior lot with a width of 72.81 feet, which still is large enough for building a house. Regular Planning Commission Meeting September 25, 1984 - Minutes Page 2 (Kirchner Lot Split, Cont.) The concensus of the Commission was to agree with Mr. Almgren's suggestion. MOTION by Perry, seconded by Bosell that the Andover Planning and Zoning Commission recommend to the City Council approval of a lot split requested by Diane Kirchner for the property described as 'That part of Government Lot 4, Section 29, Township 32, Range 24, Anoka County, Minnesota described as follows: From the Southeast corner of said Lot 4; thence Northerly along the East line of said Lot 4 a distance of 598.25 feet to a point lying and being in the approximate center of a town road known as Andover Road; thence Northwesterly along the surveyed centerline of said road at an internal angle of 132 degrees 05 minutes a distance of 629.70 feet to the actual place of beginning; thence continuing in a straight line 217.80 feet to a point lying and being in the center of the intersection of the said Andover Road and a County Road known as Round Lake Road; thence North 43 degrees East along the centerline of the said Round Lake Road 400 feet; thence Southeasterly at right angles 217.80 feet; thence Southwesterly at right angles and parallel with the centerline of the said Round Lake Road 400 feet more or less to the actual place of beginning'. It is noted that the lot split varies from Ordinance 40B, which states that a lot split is any division of a lot into not more than two parcels. In this case there will be three lots created by the split. A variance will be required for Lot "C", the interior lot, under Ordinance 8T. not meet the required 80 foot width, but will be 72.81 feet. The lot also does the required 11,400 square feet, but will be 11,212 square feet. A variance is for this. This lot does not meet recommended The concensus was that it was desirable to have Lot "C" smaller in'order to make Lot B, which has a side yard on R~und Lake Boulevard, a more compliant and more buildable property. Approval of said lot split will be subject to the appropriate park dedication fees. Motion carried unanimously. This will go to the City Council on October 16, 1984. Barry Gusk Variance (Comm. #9-84-2) Barry Gusk, 2149 - 161st AvenueN.W. - is requesting a variance in order to build a pole building on his property. Commissioner Bosell asked if the house is 1120 square feet. Mr. Gusk noted that it is. Dave Almgren noted that this request is a variance from Ordinance 8T, Section 4.05 (B), which states that on parcels of less than five acres, the accessory buildings cannot exceed the total square footage of land cover of ,the principal structure. Commissioner Bosell explained to Mr. Gusk that because he has three acres of less, he cannot build a pole building, that it has to be something smaller. .Jr. Gusk stated that he will just put the building up and the city can take him to court. He noted that he wants to play by the rules. He also asked what it wrong with the type of building he wants to construct; it's maintenance free. He stated that he could understand not building one on a parcel that is only one acre. Regular Planning Commission Meeting September 25, 1984 - Minutes Page 3 (Gusk Variance, Cont.) MOTION by Bosell, seconded by Rogers that the Andover Planning and Zoning Commission recommend to the City Council denial of a variance requested by Barry Gusk at 2149 - 161st Avenue N.W. to construct a storage building on a parcel of land that is less than three acres in size, noting the following: Ordinace 8, Section 5.04 criteria for a variance notes there needs to be a hardship that has been created by the shape or condition of the land, that granting the variance is necessary to the reasonable use of the land and granting the variance will not adversely affect the existing or potential use of adjacent land. This request meets none of the criteria. Ordinance 8U, Section 4.05 B stated that no accessory buildings on a residential parcel of 5 acres or less shall exceed the total square footage of land cover of the principal structure. The principal structure has 1100 square feet; the request is for 1440 square feet which is greater than allowed by Ordinance. Ordinance 8U, Section 4.05 K states that no permanent sheet metal, painted or unpainted accessory building shall be allowed on parcels of three (3) acres or less. Since this parcel is less than three acres, the building requested cannot be constructed. Motion carried on a 5 yes, 1 no (Apel) vote. This will go to the City Council on October 16, 1984. Meadow Creek Baptist Church Special Use Permit Public Hearing (Comm.#9-84-3) Chairman Spotts opened the public hearing. Chairman Spotts noted that the church was granted a Special Use Permit in 1977 and then in 1980 they were granted an amended Special Use Permit to increase the enrollment of the school. Grady Kinghorn, 10631 Mississippi, Coon Rapids - noted that the reason for the request is so that they can add a two story classroom. However, they don't want to totally occupy it the day it's finished; they would like to increase their use over the next five years. They are doing it this way so they can have their sewer charges assessed each year instead of all at once. Chairman Spotts asked if the structure will be totally enclosed. Mr. Kinghorn noted that it will be. The lower level will be used for banquet facilities and the upper level will be divided into classrooms. Chai rman Spotts asked when they pl an to start constructi on. Mr. Ki nghorn stated they wi 11 start around June of 1985 and it will be finished by August. Commissioner Bosell asked how large the structure will be. It was noted that it will be 60' x 80'. It was also noted that they intend to increase their enrollment by 50 students each year. MOTION by Rogers, seconded by Bosell to close the public hearing. Motion carried unanimously. MOTION by Bosell, seconded by Rogers that the Andover Planning and Zoning Commission recommend to the City Council approval of an Amended Special Use Permit requested by Meadow Creek Baptist Church at 2937 Bunker Lake Boulevard, amending a Special Use Permit granted in 1977 and an amended Special Use Permit issued in 1980. The reason for the Amended Special Use Regular Planning Commission Meeting September 25, 1984 - Minutes Page 4 (Meadow Creek Amended SUP, Cont.) Permit is to allow them to increase the enrollment in their K-12 School from approximately 322 students in 1984-1985 to an enrollment as outlined on Page 2 of the attached. Granting of the Special Use Permit will not adversely affect values of adjacent properties or scenic views. It is in compliance with the intent of the Comprehensive Plan and it will not have an adverse affect on the health, safety or general welfare of the community. A public hearing was held; no input was received either for or against the Amended Special Use Permit. Motion carried unanimously. This will go to the City Council on October 16, 1984. NOTE: The Planning Commission concurs with with request of the church that sewer assessment charges be assessed each year on the new enrollment level. Lakeview Villas Sketch Plan (Comm. #9-84-4) John Thomsen, 3526 Aldrich Circle, Anoka - noted that this appeared before the city several years ago. The City Council didn't want private wells and there were too many units for the amount of property available. The townhouses that are proposed would be for the first-time home buyer who can afford something around $60,000. They would like to utilize the lake frontage as open space. This concept would make a good buffer zone from Round Lake Boulevard. The garages would be in the fronts and the living area would be to the back. Chairman Spotts asked how far forward the garages would be. Mr. Thomsen noted they will be 2 to 6 feet. He then stated that what they're trying to do is not addressed under one specific ordinance. The City Council made the comment that what they're trying to do is not totally reflected in the ordinances. Chairman Spotts asked how many levels each unit would have. Mr. Thomsen noted there are two; in the back there are high cathedral ceilings. It would be a great room concept. Commissioner Bosell asked what they are proposing for square footage. Mr. Thomsen stated they would be about 900 square feet. Ms. Bosell noted that the ordinance requires 960. Mr. Thomsen stated that they need a clarification on that as in the ordinance under R-4, it's 750 square feet. Ms. Bosell noted that this is single family housing and the ordinance requires 960 square feet. Mike Vogle - asked if this is actually single family or is it multi-family. Dave Almgren noted that it's single family. Mr. Vogle stated that when you get into a townhouse design, it's multi-family, not single family. That is the way it is in other cities. Mr. Thomsen also noted that the Mayor mentioned that this is a PUD and you can vary 80% from your regular ordinances. He also said this will require special hearings and rezoning. ~ommissioner Bosell asked what the county had to say about an exit onto Round Lake Boulevard. Mr. Thomsen noted that as part of their settlement with the county, they could have an exit onto Round Lake Boulevard. Regular Planning Commission Meeting September 25, 1984 - Minutes Page 5 (Lakeview Villas, Cont.) Commissioner Bosell felt that the biggest issue that needs to be resolved is whether the units can be 900 square feet or if they have to be 960 square feet. Mr. Vogle also noted that the garage requirement issue must be settled. In the housing industry, townhouses are considered multi-family. Commissioner Apel felt that this concept makes sense as it is. Commissioner Perry concurred with Mr. Apel. Commissioner Perry noted that in reading the ordinance, it appears to be open to interpretation. She felt that if this type of housing were advertised as single family residences, it would be misrepresentation. They seem to be multiple dwellings. Chairman Spotts asked if these will be slab on grade homes. Mr. Thomsen noted that they could either be that or splits and he prefers splits. Commissioner Bosell noted that in a PUD, you are allowed to vary from the setback requirements, heights, but not parking requirements, screening, etc. Mr. Thomsen stated that this type of housing is not yet available in Andover and felt that it would be a good thing. Mr. Vogle noted that the garages have a double door but the garage is not double. He felt that Ordinance 8U leaves the foor open for something other than a 440 square foot garage. Mr. Thomsen noted that there are some tires and other trash i.n the pond that are going to be cleaned up and sand will be put around the pond. He noted that he is talking to the DNR about using Round Lake for a canoe dock. People in this type of housing want to have open space and water. It was the concensus of the Commission that the concept presented is good. Commissioner Bosell felt that the way the ordinance reads, the property needs to be rezoned as R-4 only allows one and two family homes. It should be developed under a PUD. Chairman Spotts asked if there is enough water in the city system to service this project. Mayor Windschitl explained that the water situation is on a first come-first served basis. He noted that this property is being assessed for three acres on a per acre charge. There was no encouragement from the City Council on going below 960 square feet or on the garage size. He didn't think the concept was too bad; however, he felt that the residents in the area should be considered. He suggested that the City Attorney make a determination on the interpretation of the ordinance. Commissioner Apel stated that if we are going to hold them to the 960 square feet/440 square foot garage, they should be told so that they can come in with something different. Commissioner Perry asked the Mayor if the major concern is letting the neighbors know what is going on. Mayor Windschitl noted that it is. Commissioner Perry stated that we should have a determination from the attorney if he needs a rezoning or if it can be a PUD in an '-4 district. Mayor Windschitl noted that R-4 allows one or two types of housing in a final plat - single Regular Planning Commission Meeting September 25, 1984 - Minutes Page 6 (Lakeview Villas, Cont.) family or two-family. An opinion will be obtained from the City Attorney regarding the question of doing a PUD in an R-4 district to develop townhouses and also on the garage requirements if it is rezoned to M-l. MOTION by Bosell to adjourn. Motion carried unanimously. Meeting adjourned at lO:02 P.M. Respectfully submitted, iJL fw ~icki Volk, Commission Secretary