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HomeMy WebLinkAboutJuly 24, 1984 ~ 01 ANDOVER SPECIAL PLANNING AND ZONING COMMISSION MEETING TUESDAY, JULY 24. 1984 AGENDA 1. Call to order - 6:00 P.M. 2. Work Session/Ordinance 8 Update REGULAR PLANNING AND ZONING COMMISSION MEETING TUESDAY, JULY 24. 1984 AGENDA Call to order - 7:30 P.M. Approval of Minutes - July 10, 1984 1. Comma #6-84-7 2. Comma #6-84-8 3. Comma #7-84-1 Dick Carson Variance. Cont. Robert Loftus Special Use Permit Public Hearing, Cont. Pacesetter Builders Variance ~ 01 ANDOVER SPECIAL PLANNING COMMISSION MEETING - JULY 24, 1984 MINUTES A special meeting of the Andover Planning and Zoning Commission was called to order by Chairman Don Spotts at 6:00 P.M., Tuesday, July 24, 1984 at the Andover City Hall, 1685 Crosstown Boulevard N.W., Andover, Minnesota to review changes to the proposed draft of Ordinance 8. Commissioners Present: Ape1, Bosell, Perry, Rogers Commissioners Absent: Jacobson Using the minutes of a special joint meeting with the City Council, the Commission reviewed the draft ordinance and suggested making the following changes. corrections, etc. Page 409, Section 4.16, Setbacks along Thoroughfares, will be changed to read: 'Along streets designated as collector or minor arterial in the city's Street System Plan, the minimum setback from the thoroughfare for all buildings shall be 50 feet from the planned right-of-way line. Page 4-2 (E). The Commission suggested the following wording for this section as the Council felt that what was suggested appeared to be confusing. 'A lawful non-conforming use may be changed only to a use of the same or more restricted classification.' Page 3.4 (K). Following the Council's suggestion, the definition for Basement will read 'A portion of a building located partially underground but having more than half its floor-to-ceiling height below the average grade of the adjoining ground.' Page 6.06-2 (H). It was suggested that the wording will remain the same with the correction of the work equivalent. Page 6.04-3 (J). Commissioner Perry suggested that Chairman Spotts contact Councilman Lachinski regarding this item and report back to the Planning Commission by the next meeting on the ordinance. Page 6.05-4. Regarding off-street parking, the Commission suggested adding a section between Skirt and Patio which will read: 'Off Street Parking. Each site shall have one off-street parking space of not less than 200 square feet in area and constructed of concrete with a minimum thickness of four (4) inches or approved equal.' MOTION by Apel to adjourn. Motion carried. Meeting adjourned at 7:20 P.M. Respectfully submitted, u/~ Vicki Volk Commission Secretary ~ 01 ANDOVER REGULAR PLANNING AND ZONING COMMISSION MEETING JULY 24, 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, July 24, 1984 at the Andover City Hall, 1685 Crosstown Boulevard N.W., Andover, Minnesota. Commissioners Present: Apel, Bosell, Perry, Rogers Commissioners Absent: Jacobson Also Present: City Building Inspector, Dave Almgren; Dick Carson; Robert Loftus; Ron Mi 11 er Approval of Minutes July 10, 1984 MOTION by Bosell, seconded by Rogers to approve the minutes of July 10, 1984 as written. Motion carried on a 4 yes, 1 present (Apel) vote. Dick Carson Variance (Comm. #6-84-7) Dick Carson, 17551 Round Lake Boulevard - Noted that at the last Planning Commission meeting he was instructed to contact the building inspector to see if he would issue a building permit if Mr. Carson combined the road easement with the lot he wants to build on. The building inspector said he would not issue a permit. Mr. Carson stated that he wants to construct a home on his back five acres and is asking for a variance fromfue blacktop requirements. He noted that he is willing to construct the easement with Class V. He received an estimate of $10,000 to $11,000 to blacktop the 438 foot easement. Commissioner Bosell asked Dave Almgren how the City Clerk and the engineer felt about putting in a 438 foot cul-de-sac for one property. Dave Almgren stated that they looked at the proposal and didn't feel that if the street were extended that it would line up right. If the road continued east, the depth of the property to the south would not be sufficient for platting. Mr. Almgren also noted the blacktop is up to the Council and if they want to vary from that, it's up to them. Commissioner Bosell asked what the maintenance cost is on a cul-de-sac. that it shouldn't be too much because there won't be that much traffic. take about 20 minutes to plow it in the winter. Mr. Almgren stated It would probably Commissioner Rogers asked if the easement would be a city street eventually. Mr. Carson noted that there is only one building site on the parcel and he is only interested in building one house. Mr. Carson noted that if he blacktops the easement, he will meet the ordinance, but blacktop is economically unfeasible. Chairman Spotts asked the Commission what their reasons would be if this request is denied and what their reasons would be if it is approved. Regular Planning Commission Meeting July 24, 1984 - Minutes Page 2 (Carson Variance, Cont.) Commissioner Apel noted that basically there is no street frontage. Commissioner Bosell asked if the hardship could be due to the configuration of the property, it has no frontage. By allowing him to dedicate and build to Class V, it allows him reasonable use of his land. It doesn't adversely affect the condition of the land. Commissioner Perry asked how many properties in the city there are that fall into this same classification. Dave Almgren stated that he didn't know how many there are. Commissioner Perry noted that if we can vary from the requirement that it be a bituminous surface, then there must be some way where we can allow the building permit to be issued without him dedicating it to the city. Chairman Spotts felt that would be a City Council decision. Commissioner Perry suggested that the Commission recommend that because of the circumstances involved in Mr. Carson's case, that although it does not abut a currently maintained road, it be approved and the City Council instruct the building inspector to issue a building permit for this parcel. Commissioner Apel stated that it doesn't make sense to have Mr. Carson spend money on this easement and then have the city spend money maintaining it to serve only one building site. Chairman Spotts asked what kind of address the house would have. Dave Almgren noted that it would be a Round Lake Boulevard address. MOTION by Bose11, seconded by Ape1 that the Andover Planning and Zoning Commission recommend to the City Council approval of a variance for Dick Carson from Ordinance 10E, which requires frontage on a publicly dedicated and maintained street, to allow him access to the property described as 'That part of the Southwest Quarter of Section 4, Township 32, Range 24, Anoka County, Minnesota, described as follows, to-wit: Commencing at a point on the West line of said Southwest Quarter, distant 1,661 feet North of the Southwest corner thereof; thence East, parallel with the South line of said Southwest Quarter, a distance of 400 feet; thence deflect right 17 degrees 06 minutes, a distance of 40.43 feet, and to the actual point of beginning of the tract of land to be herein described; thence continuing on said last course a distance of 59.57 feet; thence deflect left 15 degrees 00 minutes, a distance of 209.60 feet; thence deflect left 19 degrees 11 minutes 42 seconds, a distance of 403.70 feet; thence deflect right 17 degrees 05 minutes 42 seconds, a distance of 42.67 feet; thence North, parallel with the west line of said SW! a distance of 236.30 feet to a line drawn 660 feet south of the north line of said Southwest Quarter; thence West, along said line so drawn 660 feet south of said North line, to a point thereon which is 438.25 feet east of the said west line of said southwest quarter; thence south to the actual point of beginning and there terminating. Subject to an reserving an easement for roadway purposes over the South 30 feet thereof. Together with a non-exclusive easement for ingress and egress for roadway purposes over a strip of land lying 30 feet on each side of and parallel with the following described line: Commencing at a point on the West line of said Southwest Quarter distant 1,661 feet North of the Southwest corner thereof; thence East, parallel with the South line of said Southwest Quarter, a distance of 400 feet; thence deflect right 17 degrees 06 minutes, a distance of 40.43 feet, and there terminating. And together with a non-exclusive easement for ingress and egress for raodway purposes over a 30 foot strip of land adjacent to and Southerly of herein described property', and allow him to construct Regular Planning Commission Meeting July 24, 1984 - Minutes Page 3 (Carson Variance, Cont.) a private driveway to serve this parcel for the following reasons~ 1) The condition of the land creates a hardship due to the fact that there is no access to a publicly dedicated and maintained roadway; 2) It would allow the reasonable use of the land; 3) It would have no adverse affect on the adjacent property. Rationale: The property surrounding this parcel does not lend itself to future development because of the topography and narrowness of the parcel and also, the reasonableness of the city maintaining a 438 foot blacktop cul-de-sac or Class V roadway for the use of two land- owners is questionable. Also, it would be noted that because the length of the proposed driveway would be greater than 300 feet, there are driveway restrictions that would apply to these circumstances. Discussion: Dave Almgren stated that the Planning Commission is setting a precedent for private driveways. Commissioner Bosell stated that by making the above motion, it eliminates the need for the city to maintain the Class V access. Mr. Almgren asked what the Commission is going to do as far as the definition of lot width, which says the width has to be measured in the first 30 feet. Commissioner Ape1 felt that the City Council should deal with that. Vote on Motion: Carried unanimously. This will go to the City Council on August 21,1984. Commissioner Bosell raises the following question regarding the Carson variance: According to Ordinance 8 and the definition of lot width, it requires the dimension to be measured in the first 30 feet which creates a problem for this lot and enforcement of the ordinance. The City could initiate a variance to allow for this parcel if it so desires. Robert Loftus Special Use Permit Public Hearing, Cont. (Comm. #6-84-8) Chairman Spotts opened the public hearing. Robert Loftus, 13233 Lily Street, Coon Rapids - is requesting a Special Use Permit to build an accessory building prior to the construction of the principal structure on property located on County Road 9 north of 170th Lane. The purpose of the building is to house a tractor, mower and disc. Mr. Loftus noted that after talking with the Building Inspector, he has decided to put the building on a foundation rather than a floating slab. In the future, Mr. Loftus plans to build a residence for the elderly handicapped individuals. This would take place within two to three years. At the present time, he is raising trees and berries on the property. The accessory building will be made of logs and would cost about $6,500. He also noted that within a few months he will know whether or not his grant for the health care facility is approved. Commissioner Bosel1 noted that the ordinance allows for the type of facility Mr. Loftus is going to build; however, a Special Use Permit is required. She also noted that there is a power line on the property and asked Mr. Loftus what he plans to do with that. Mr. Loftus noted that where the power line is will be lawn. Commissioner Bosell asked if Mr. Loftus plans to use the access from the back of the property. He stated that he will not; the traffic will be coming from Round Lake Boulevard. Commissioner Bosel1 asked how much of the 20 acres he is going to use for the health care facility. Mr. Loftus noted that he will be using the five acres that front on Round Lake Boulevard. Regular Planning Commission Meeting July 24, 1984 - Minutes Page 4 (Loftus Special Use Permit, Cont.) Chairman Spotts asked if the health care facility will be constructed the same as the accessory building. Mr. Loftus noted that that is what he would like to do. Commissioner Perry asked what he will do if he doesn't receive the grant to construct the care facility. Mr. Loftus stated that if that grant doesn't come through he will go to a private foundation for the funds. He is confident that he will get the money. MOTION by Ape1, 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 Robert Loftus to construct an accessory building prior to the construction of the principal structure on the property described as the South 1/2 of the South 1/2 of the North 1/2 of the NW 1/4 of Section 9, Township 32, Range 24 with the condition that the building be restricted to 36' x 24' and that it adhere to the ordinances with respect to siding, roof, etc. Reasons for approval are: 1) It will not be detrimental 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. It should be noted that the request complies with Ordinance 8, Section 4.05 (D), (F) and (I) as such other requirements as set out by the building code. Vote on motion: 4 yes, 1 no (Perry) vote. Motion carried. This will go to the City Council on August 21, 1984. Pacesetter Builders Variance (Comm.#7-84-1) Ron Miller, 1625 - 169th Avenue N.E. - requesting a variance because the house on Lot 4, Block 1, Northglen 2nd Addition is built too close to the side lot line. When the house was being built, there was a lot of snow on the ground and it was hard to tell where the lot lines were. Dave Almgren noted that he checked the front setback but not the side yard setbacks. He also noted that the building permit was issued to Ron's brother under L. Rae Builders. MOTION by Apel, seconded by Rogers that the Andover Planning and Zoning Commission recommend to the City Council approval of a variance requested by Pacesetter Builders, Inc., represent- ing L. Rae Builders and Robert Miller pursuant to Ordinance 8, Section 6.02, side yard set- back, for the following reasons: 1) The home is already constructed and denial would create an extreme hardship on the property owner; 2) It will have no adverse affect on the adjacent land; 3) It is necessary to the reasonable use of the land. Motion carried unanimously. This will go to the City Council on August 21, 1984. The Planning Commission will meet at 7:00 P.M., Monday, August 6,1984 to review the draft of Ordinance 8. MOTION by Ape1 to adjourn. Motion carried unanimously. Meeting adjourned at 9:10 P.M. Respectfully submitted, &~ Vlckl Volk, Commission Secretary