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HomeMy WebLinkAboutNovember 14, 2023 PLANNING AND ZONING COMMISSION MEETING – NOVEMBER 14, 2023 The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Karen Godfrey on November 14, 2023, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Scott Hudson, Nick Loehlein, Jonathan Shafto, Patrick Shuman, Jr., and Ryan Winge Commissioners absent: Bert Koehler IV Also present: Community Development Director Joe Janish City Planner Peter Hellegers Others PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES September 26, 2023, Regular Meeting Minutes Community Development Director Joe Janish requested the following correction: Page 2, Line 21, Motion was made by Vice Chairperson Nick Loehlein rather than Chair Godfrey. Commissioner Loehlein requested the following corrections: Page 2, Line 2, The address should be 17337 Roanoke Street NW. Motion by Loehlein, seconded by Shafto, to approve the minutes as amended. Motion carried on a 4-ayes, 0-nays, 2-present (Godfrey, Hudson), 1-absent (Koehler) vote. PUBLIC HEARING: Comprehensive Plan Amendment Request – PID #23-32-24-32- 0006 and PID #23-32-24-32-0006 To change the guided land use for the above noted properties from URHL – Urban Residential High Low to URH – Urban Residential High and 1.5 acres of NC – Neighborhood Commercial (Applicant: J.A. Wedum Foundation). The Planning & Zoning Commission is requested to hold a public hearing and make a recommendation to the City Council on Comprehensive Plan Amendment Request – PID #23-32-24-32-0006 and PID #23-32-24-32-0006 To change the guided land use for the above noted properties from URHL – Urban Residential High Low to URH – Urban Regular Andover Planning and Zoning Commission Meeting Minutes – November 14, 2023 Page 2 Residential High and 1.5 acres of NC – Neighborhood Commercial (Applicant: J.A. Wedum Foundation). Mr. Janish reviewed the applicant, J.A. Wedum Foundation, is working with SilverCrest Development, LLC and will be the owner of the project. SilverCrest Development, LLC is a consultant to J.A. Wedum Foundation and will be the operator of the project upon completion. SilverCrest Development, LLC had been working with the City of Andover moving forward with a project at this location. Due to the current market conditions the applicant is seeking changes to the Comprehensive Plan in order to accommodate the commercial component of the development. A revised concept plan was attached for Commission review, but it is not the subject of this evening’s review. The proposal is to have a 1.5-acre parcel for the commercial vs. having the commercial as part of the multi-family building. If this request is approved, Met Council will require the City of Andover to remove 1.5 acres from the overall acreage of the parcel when determining density of the site. Due to the 1.5 acres being removed it is expected the development will have a density of slightly over 20 units per acre. This then requires the City of Andover to change the future land use of the residential portion to align with density ranges in the Comprehensive Plan. This would change the current designation from URHL – Urban Residential High Low to URH – Urban Residential High. The last review had shown a residential unit count of 232 units. The current layout shows 218 residential units. The increase in density for the project is not because the applicant is increasing units but is instead because the applicant is providing commercial in this area, and the current market is looking for a separate lot. The loss of the acreage for commercial is making the project appear denser. Mr. Janish reviewed the Historic Land Use of the property and indicated the location on a map. The proposed Comprehensive Plan Amendment consists of two changes (1) Guiding 1.5 acres of land within the parcels as Neighborhood Commercial; and (2) a request to re-guide the remaining subject properties to the URH land use district. Mr. Janish reviewed the Commission is asked to answer two questions: 1. Is it appropriate to have 1.5 acres of Neighborhood Commercial? 2. Is it appropriate to increase density from URHL – Urban Residential High Low (12 units to 20 units) to URH – Urban Residential High (20 units to 25 units)? The review criteria for Comprehensive Plan Amendments was provided for both of these questions. Mr. Janish explained the roadway functional classifications. The Planning & Zoning Commission is requested to hold a public hearing on the Comprehensive Plan Amendment request and make a recommendation to the City Council. Approval of the Comprehensive Plan Amendment shall be contingent upon approval of the Regular Andover Planning and Zoning Commission Meeting Minutes – November 14, 2023 Page 3 rezoning request. If the City Council approves the Comprehensive Plan Amendment, it will be forwarded to the Metropolitan Council for review and authorization prior to final adoption by the City Council as part of a future consent agenda. Pending approval of the amendment, any future development proposal would still require approval of a preliminary plat and a planned unit development from the City. These items would both require a public hearing where specific details of any proposed development would be reviewed. Commissioner Shuman asked Mr. Janish about the change in economic conditions and did the applicants request the changes. Mr. Janish stated it was found that businesses want to have their own structures and the financial situation with interest rates rising. Staff and the applicant understand the City Council wants to keep the commercial on the site. Commissioner Shuman asked if there has been any analysis provided by J.A. Wedum or issues regarding the financing of the project. Mr. Janish stated staff has not asked for any documentation from them on a specific lender. Commissioner Winge asked if the developer discussed any other potential locations than the intersection of Crosstown Blvd. and Bluebird Street as part of this amendment. Mr. Janish referred to the site plan details and showed the underground parking layout. Motion: Chair Godfrey assumed a motion to open the Public Hearing at 7:26 p.m. Motion carries by unanimous consent. The applicant, Mike Gould 5402 Parkdale Drive, St. Louis Park, stated economics and partnerships have changed. They have done projects with the J.A. Wedum Foundation in the past. The number of units has been reduced. Some brownstone units have been added. Mr. Mark Hyvare 15195 Bluebird Street NW, referred to the right-in right-out proposal and the roundabout. He is concerned that coming out of the property the only option is to go through the roundabout to go anywhere. He does not want all the cars’ headlights shining on his house while using the roundabout. He would like the traffic plan to be different. th Mr. Eugene Benson, 1292 148 Lane NW, is concerned with the infrastructure of the City. He asked if the future plans are updated as far as water usage. There are more than 60 units a year being added. He asked how the infrastructure is updated. Mr. Janish stated he received an email from Damon and Cari Boswell, 15035 Drake Street NW, regarding the requests. They are strongly opposed, they would be directly and negatively impacted by this development, and think it would result in decreased property values, increased traffic burden, unintentional thoroughfare on Bluebird Street, impact safety of children and families who purchased homes in quiet neighborhoods, inability to integrate an enormous development into the existing community, and has unappealing aesthetics. Development should not be utilized to profit developers to the detriment of residents. Any development should enhance the residents’ lives not line the wallets of the developers. The City is not required to make amendments simply because they are Regular Andover Planning and Zoning Commission Meeting Minutes – November 14, 2023 Page 4 requested to or approved because it meets technical requirements. The neighborhood is not in favor of this project and the majority are in strong opposition. Some of the Winslow residents were not aware of the project as they were outside the notification area. This is not the right location for this project. An email was received from Drew Guhanick, 15102 Bluebird Street NW, who sees no rezoning benefit to the homes east and south to these properties. He would like to see the traffic impact study. He does not feel the streets can handle the increased traffic. The speed limit on Bluebird is 25 mph. Additional traffic is a safety concern. He requested the requests be denied. Mr Janish noted that he provided the traffic study to Mr. Guhanick and there will be more opportunities for residents to voice their concerns. Mr. Shawn Mars, 16178 Raven Street NW, asked when looking at the number of seniors that will need to go into senior housing what happens to these facilities when there is not enough seniors to live in them. What will that be in 20-25 years. Commissioner Winge asked the applicant if the site plan is the one they are moving forward with or is it conceptual at this point. Mr. Mike Gould, Silvercrest, stated the plan has had much thought, and asked the project architect to come forward. Ms. Sarah Kern, Kaas Wilson Architects, 1301 American Boulevard, Bloomington, stated this is the current plan. The main item was pulling the commercial out so people coming to commercial site would not be a concern as far as traffic circulation. She stated they are trying to keep the commercial as close to Crosstown as possible. The higher density was desired to be closer to Hanson Boulevard. The senior building has been laid out and they don’t anticipate it moving very much. Many options were considered. Commissioner Winge stated the previous plan seems very different from the current plan. Ms. Kern stated memory care and assisted living will be separate wings. Mr. Janish stated there will be fewer homes affected by headlights with this site plan. Commissioner Winge asked about the location of the proposed commercial lot as that corner does not seem like the best location. He feels the better location would be at Crosstown and Hanson Boulevards. Commissioner Shuman asked the applicant about timelines as they relate to the zoning changes. Is there a difference in certainty levels and timelines. Are we looking at potentially having another hearing in a year from now. Ms. Kern stated they would like to start the construction in the summer/fall of 2024. Regular Andover Planning and Zoning Commission Meeting Minutes – November 14, 2023 Page 5 Commissioner Shuman asked if financing has been secured. Mr. Gould stated approvals are needed prior to a lender looking at the project. The J.A. Wedum Foundation is very strong financially and many contingencies need to be met before closing on the property. Chairperson Godfrey reminded all that this evening they are focusing on the Comprehensive Plan Amendment and not the project which needs to go through many other steps. Commissioner Shuman stated this was previously rezoned and we are looking at rezoning again, which ties into the question from Mr. Mars. If something happens and this project does not come to fruition, the City would have two different zones. It is not clear as to what is different between last year and this year. He feels the timeline is relevant and asked what is different between this year and last year. Mr. Gould stated interest rates haven’t been like this in over 10 years. The Wedum Foundation will stick with this business, and these are the right players at the right time. He believes this project will happen. Commissioner Winge asked when the building code changed. Ms. Kern stated they took place in 2020 and enforced in 2021. It has taken a long time. She only does senior buildings, and it has been approved for a while, but this is a huge change. Mr. Janish responded to some raised questions. He explained the City Council has a Capital Improvement Plan (CIP) that goes out five years. Usage of the systems are reviewed against the requirements in the CIP. As part of the CIP, there are discussions on the demand on the water system and any changes are put into the CIP. The storm sewer is identified according to the site. The sanitary sewer is metered to determine the flowage. In 25 years, if the senior housing is no longer needed the property could be redeveloped into other uses. If a structure outlives its usefulness it is redeveloped. Mr. Gould, 5204 Parkdale Drive, stated they have facilities that are over 30 years old. The project is rehabbed and upgraded, and he believes that will continue. Mr. Janish asked Mr. Gould if something other than a roundabout could go in at that location. It was indicated that this will be discussed with Staff. rd Ms. Ronda Ganske, 2159 153 Lane NW, asked when reducing from 232 to 218 units, do those 14 units need to be moved elsewhere within the City. With the development on th Bunker Lake Boulevard and 7 Avenue, the developer was allowed to build less and there were 60 units that needed to be moved elsewhere. She asked whether one area be really dense to meet the Comprehensive Plan. Mr. Janish stated the Met Council is expecting to see the lowest number of units in the plan. If a site goes to a higher tier of density, it opens up the number of units being lower in another location. Regular Andover Planning and Zoning Commission Meeting Minutes – November 14, 2023 Page 6 Motion by Loehlein, seconded by Winge to close the public hearing at 8:05 p.m. Motion carried on a 6-ayes, 0-nays, 1-absent (Koehler) vote. Commissioner Loehlein asked staff to display the slide on the history of the property, noting that for 20 years, this was in Comprehensive Plan as General Commercial land use. Something such as WalMart could come onto this property and this request was to break off 1.5 acres of the property into Commercial. Commissioner Shafto commented he likes this zoning better and that the commercial is being broken out. He thinks the location of the commercial makes sense. He likes the reduced number of units and finds that this zoning request makes sense. However, traffic is a big concern there and that should be considered. Commissioner Shuman questioned the process and for this purpose, noting the Planning Commission will make a decision whether this meets the requirements for rezoning and asked if the public will be notified as to upcoming public hearings regarding this property. Mr. Janish stated the traffic study will happen after this approval and mailing and signs would notify residents of upcoming public hearings. Chairperson Godfrey stated the fewer units, and the separate commercial area will provide a similar product but be more efficient with less density on the property. Also, reducing the commercial to neighborhood business reduces the types of businesses that can go in there. She would be happy to tweak the Comprehensive Plan to make a better Andover. Motion by Shafto, seconded by Loehlein, to recommend the City Council approve the Comprehensive Plan Amendment Request – PID #23-32-24-32-0006 and PID #23-32-24- 32-0006 to change the guided land use for the above noted properties from URHL – Urban Residential High Low to URH – Urban Residential High and 1.5 acres of NC – Neighborhood Commercial (Applicant: J.A. Wedum Foundation). Motion carried on a 5- ayes, 1-nay (Winge), 1-absent (Koehler) vote. Mr. Janish stated that this item would be before the Council at the November 21, 2023, City Council meeting. PUBLIC HEARING: Rezoning Request – PID #23-32-24-33-0002 & PID #23-32-24- 32-0006 – Rezone Properties from M-2: Multiple Dwelling High Low Density to M-3 Multiple Dwelling High Density and NB – Neighborhood Business (Applicant: J.A. Wedum Foundation). The Planning and Zoning Commission is requested to hold a public hearing and make a recommendation to the City Council on a Rezoning Request – PID #23-32-24-33-0002 & PID #23-32-24-32-0006 – Rezone Properties from M-2: Multiple Dwelling High Low Density to M-3 Multiple Dwelling High Density and NB – Neighborhood Business (Applicant: J.A. Wedum Foundation). Regular Andover Planning and Zoning Commission Meeting Minutes – November 14, 2023 Page 7 Community Development Director Janish reviewed the request. J.A. Wedum Foundation has requested to rezone the unaddressed properties located at PID 23-32-24-33-0002 and 23-32-24-32-0006 from M-2: Multiple Dwelling High Low Density to M-3: Multiple Dwelling High Density and NB: Neighborhood Business. A map showing the location of the subject properties was provided for Commission review. If the Comprehensive Plan amendment reviewed as part of a previous agenda item is approved, rezoning of the subject properties will be required to maintain consistency between the Future Land Use Map and Rezoning Map to allow for implementation. Mr. Janish reviewed the review criteria and next steps. Mr. Janish stated the subject properties are located within the Metropolitan Urban Service Area (MUSA) and are within the current stage of sewer expansion. Times and conditions have changed with the extension of municipal sewer and water into this area. Urban development including public, commercial, and residential uses has occurred immediately adjacent to the subject properties. The subject properties border Hanson Blvd NW which is classified as a “Minor Arterial” roadway and Crosstown Blvd NW which is classified as a “Major Collector” by the Comprehensive Plan. Commissioner Hudson asked if we are locking into a significant location for this commercial. Mr. Janish stated at this point it could shift slightly left or right but at this time, we are trying to keep it flexible. Motion: Chair Godfrey assumed a motion to open the Public Hearing at 8:15 p.m. Motion carries by unanimous consent. Ms. Mary Hyvare, 15195 Bluebird Street NW, asked how many of the Commissioners would purchase a home on Bluebird or one of the surrounding streets where this project will be developed. She also asked if other locations have been looked at in Andover. She does not think this is the right spot. Mr. Janish stated the two letters previously cited continue to apply to this rezoning request as well. Mr. Janish stated he received an email from Damon and Cari Boswell, 15035 Drake Street NW, regarding the requests, they are strongly opposed, and they would be directly and negatively impacted by this development. This would result in decreased property values, increased traffic burden, unintentional thoroughfare on Bluebird Street, safety of children, families who purchased homes in quiet neighborhoods, inability to integrate an enormous development into the existing community, and unappealing aesthetics. Development should not be utilized to profit developers to the detriment of residents. Any development should enhance the residents’ lives, not line the wallets of the developers. The City is not required to make amendments simply because they are requested to or approve because it meets technical requirements. The neighborhood is not in favor of this project and the majority are in strong opposition. Some of the Winslow residents were not aware of the Regular Andover Planning and Zoning Commission Meeting Minutes – November 14, 2023 Page 8 project as they were outside the notification area. The Boswells do not think this is the right location for this project. An email was received from Drew Guhanick, 15102 Bluebird Street NW, who sees no rezoning benefit to the homes east and south to these properties. He would like to see the traffic impact study. He does not feel the streets can handle the increased traffic, noting the speed limit on Bluebird Street NW is 25 mph. Additional traffic is a safety concern. He requested the requests be denied. Mr Janish noted that he provided the traffic study to Mr. Guhanick and there will be more opportunities for residents to voice their concerns. Motion: Chair Godfrey assumed a motion to close the Public Hearing at 8:20 p.m. Motion carries by unanimous consent. Commissioner Winge stated he is not opposed to the project and wants to make sure he understands the details of the project. He asked why this was not included in the last version of the Comprehensive Plan. Chairperson Godfrey stated we are not reviewing the project at this time only the rezoning. Commissioner Loehlein responded to the question of whether the Commissioners would want to live near this project. The request needs to meet the criteria for rezoning. Motion by Loehlein, seconded by Hudson, to recommend the City Council approve of Rezoning Request – PID #23-32-24-33-0002 & PID #23-32-24-32-0006 – Rezone Properties from M-2: Multiple Dwelling High Low Density to M-3 Multiple Dwelling High Density and NB – Neighborhood Commercial (Applicant: J.A. Wedum Foundation). Motion carried on a 5-ayes, 1-nay (Winge), 1-absent (Koehler) vote. Mr. Hellegers stated that this item would be before the Council at the November 21, 2023, City Council meeting. PUBLIC HEARING: Interim Use Permit – Mining & Land Reclamation – PID(S) #07- 32-24-34-003; 07-32-24-33-0001 and 07-32-24-23-0002 (Applicant: Darren Lazan). Community Development Director Janish stated on August 15, 2023, a preliminary plat and grading plan were approved for the Legacy at Petersen Farms rural residential development. As part of the grading of the site, the applicant is requesting an Interim Use Permit (IUP) for the creation of two stockpiles: one consisting of up to 50,000 cubic yards and the other up to 10,000 cubic yards of fill material both stockpiles would be located outside of the plat boundary. The material would be utilized during future phases of development, and for the placement of house pads. Since the applicant is proposing land reclamation utilizing in excess of 400 cubic yards, an IUP is required pursuant to City Code 12-13-1 and 12-15-8. A copy of the draft grading plan for the proposed stockpile was provided for Commission review, as well as staff Regular Andover Planning and Zoning Commission Meeting Minutes – November 14, 2023 Page 9 comments for Review #1 of the draft grading plan. The applicant will be required to respond to and address each of the comments. Staff is proposing an expiration date of September 1, 2026, or once 90% of the lots within rd the 3 Phase are constructed, whichever is sooner (5 years is the longest amount of time an IUP can be granted for under City Code 12-14-12-E). If at that time the applicant would like the stockpile to remain on the property, they would need to apply for a new IUP and obtain City Council approval. The criteria including type of fill permitted, haul route, erosion control, coordination with other Agencies, and interim use permit standards were provided along with findings necessary for Council approval. Mr. Janish noted the Planning and Zoning Commission is asked to hold a public hearing and make a recommendation to the City Council regarding the interim use permit request. Commissioner Shafto asked about the fence to be constructed around the stockpile and how that gets enforced. Mr. Janish stated staff looks at those required items. Chairperson Godfrey asked if there should be excess dirt on the roadways, what is the process for the public to seek remediation. Mr. Janish stated if there is excess dirt or tracking, the City Engineering Department should be contacted, and they will contact the applicant who is responsible for keeping the streets clean. Commissioner Hudson asked if they would be going on the street or won’t all the material be kept on the property. Mr. Janish stated they may need to cross the road. Commissioner Hudson asked about the end date of the construction. Mr. Janish stated the end date was agreed between the applicant and City Staff. Commissioner Hudson asked how this is monitored. Mr. Janish explained that when the building permit is pulled, the Building Department does the inspections. Commissioner Hudson asked why this request wasn’t issued at the time. Mr. Janish stated the applicant didn’t know how large the stockpile needed to be. Motion: Chair Godfrey assumed a motion to open the Public Hearing at 8:35 p.m. Motion carries by unanimous consent. There was no public input. No communications were received by Staff. Motion: Chair Godfrey assumed a motion to close the Public Hearing at 8:36 p.m. Motion carries by unanimous consent. Motion by Loehlein, seconded by Hudson, to recommend the City Council approve of Interim Use Permit – Mining & Land Reclamation – PID(S) #07-32-24-34-003; 07-32-24- Regular Andover Planning and Zoning Commission Meeting Minutes – November 14, 2023 Page 10 33-0001 and 07-32-24-23-0002 (Applicant: Darren Lazan). Motion carried on a 6-ayes, 0- nays, 1-absent (Koehler) vote. Mr. Hellegers stated that this item would be before the Council at the November 21, 2023, City Council meeting. PUBLIC HEARING: Consider a variance for the width of an access road to a single- th family home to be located at 2274 164 Avenue NW (PID 15-32-24-22-0015) (Applicant: Shawn Mars). City Planner Peter Hellegers explained a variance is a way that cities may allow a specific property to deviate from a dimensional standard in City Code based on a unique attribute of the property. The City must consider specific review criteria from Minnesota State Statute, and in Andover City Code, when reviewing a variance request. If a variance is approved, it becomes a property right which runs with the land. Mr. Hellegers showed the location of the property on a map. The subject property was shown as Outlot B on the Preliminary Plat for Kimberly Oaks but was left off the Final Plat for Kimberly Oaks in 2005. Due to the large areas of wetland across the front, drawings from the plat process contemplated either a long driveway from th 164 Avenue or an extension of Raven Street into the southeasterly portion of the subject property, which would also have to cross wetlands from the property to the south. At the time of the Final Plat in 2005, staff noted that the ability to access the upland area of the subject property had not been demonstrated and suggested combining Outlot B with the larger 40-acre parcel to the east. This language was included in the approved resolution, but both parcels remain separate. There is an upland area of approximately 73,000 square feet at the back of the subject property, where a house is now proposed, which should more than accommodate the 8,600 square feet of upland area required for a rural lot; including the area for the house (3,600 sf) and the septic system (5,000 sf). The upland area also appears to be commensurate with that of properties in the adjacent Kimberly Oaks development. The applicant is requesting a variance from the access drive width requirement established by City Code 12-4-2(B): Lot Provisions, which requires that a 20-foot-wide access drive be provided for every principal building which is 300 feet or more from a thoroughfare or street. The variance request is for a 12-foot-wide drive. The applicants stated on the variance application that the buildable area of the lot is th approximately 350 feet from the closest street (164 Avenue NW). Since the access drive would have to cross wetland to reach the buildable area, the applicants note that they have been in contact with wetland regulatory agencies to discuss wetland fill for an access to the buildable area. The proposed curved alignment would transverse about 150 feet of wetland versus 275 feet if they tried to build the driveway in a straight line from the house to the street. The regulatory agencies have said that they would only consider access alternatives Regular Andover Planning and Zoning Commission Meeting Minutes – November 14, 2023 Page 11 that have the least direct and indirect wetland impacts and have required the applicant to petition for the variance for the width of the access drive. Mr. Hellegers reviewed the review criteria for the variance request. The applicant’s narrative addresses items for the practical difficulties findings. Those include that they propose to use the property in a reasonable manner by providing an access drive to reach a single-family home they would build on t he property, that there are unique circumstances based on the wetland area that they must cross to reach the upland area of the lot and the requirements to minimize wetland impacts, and the essential character would not be harmed as the variance would allow them to construct a single-family home which is consistent with the comprehensive plan. While economic considerations are certainly present, there are significant topographic issues which are specific to the subject property, as well as the additional wetland requirements, appear to be the main considerations for practical difficulties in the proposed variance request. The Planning & Zoning Commission is requested to hold a public hearing on the variance request, compare the variance request to the review criteria of City Code 12-15-9, and make a recommendation to the City Council based on findings of fact. Chairperson Godfrey asked the purpose of the 20-foot width in the City Code. Mr. Hellegers stated no purpose is listed in the Code; however, it is designed to provide adequate access to the principal structure. Mr. Janish stated it is related to emergency response vehicles. Commissioner Shuman asked if the upland area will allow for the passing of emergency vehicles and has there been an assessment done to see if that is sufficient for the Fire Department. Mr. Hellegers stated the Fire Department would prefer to have the 20-foot width, noting there is risk if there is a fire and that narrowed access road extends the response time. Mr. Hellegers explained it would not provide any more of an issue than there is today as other structures are farther away. The risk would be limited to the household only with the access not being 20 feet wide. Commissioner Winge referred to Exhibit A. Section 12.2.2 and asked if that is correct or City Code. Mr. Hellegers stated that is a Zoning Code reference. Motion: Chair Godfrey assumed a motion to open the Public Hearing at 8:50 p.m. Motion carries by unanimous consent. Ms. Tracy Strombeck, 16401 Uplander Street NW, referenced the parcel to the upper northwest of the cul-de-sac, noting it is heavily wooded and if anything were to happen back there, a fire would spread very quickly. She stated this is a land-locked 10-acre parcel and asked if you can build a driveway/access road over a wetland. She also asked if wetland must be given back 2 to 1, will this be a regular primary residence, and is this already approved. Regular Andover Planning and Zoning Commission Meeting Minutes – November 14, 2023 Page 12 The applicant, Mr. Shawn Mars, 16171 Raven Street NW, stated the property was purchased so they could build a home on it. The previous owner had already started the process for putting in a driveway. They were under the impression they needed to buy wetland credits. He stated it has taken 2½ - 3 years to get to this point. He plans to build a single-family home and 300 feet is the benchmark for the 20-foot-wide driveway. If the driveway is 299 feet, it is acceptable. All the (regulatory) agencies have said the driveway needs to be narrower. He explained the house could move but it would be a greater impact to the wetland and the driveway is longer to impact the wetland the least. If it is safe for a 12-foot-wide driveway for 299-foot driveway with a 20-foot area near the home, this would be a fair compromise. He wants emergency vehicles to be able to access his home and he is not taking an unnecessary risk to live in the home. Right now, there would be no access to fight a fire and it would need to use helicopters. He stated they had to hire civil and environmental engineers and pay for the drawings to be produced. He has spent thousands of dollars on drawings and is being forced to buy extra wetland credits. It would be $15,000 if this request is denied, which he feels is excessive. He feels his request is a fair compromise to the Code. Motion: Chair Godfrey assumed a motion to close the Public Hearing at 9:00 p.m. Motion carries by unanimous consent. Mr. Janish stated it is possible to build a driveway over a wetland if you go through the permitting process. There is also floodplain that needs to be mitigated but wetland credits can be purchased. Commissioner Shafto thinks this is exactly what a variance request is for. He feels the request is reasonable and all criteria has been met. He noted that not impacting the wetlands as much as possible is good and to him, this makes a lot of sense. Commissioner Loehlein stated he agrees with Commissioner Shafto in general but questioned the plight. He asked can the 20-foot driveway be constructed and is there an existing plight. Commissioner Shafto stated the plight is the regulatory agency. This is how the regulatory agency wants it done. Chairperson Godfrey stated she is in favor of preserving wetlands as much as possible. She appreciates the effort of the applicant. She personally cannot get past the fact that the Fire Department wants 20 feet, so she is not willing to go with a variance on this issue as the 20 feet is needed for the fire safety issue. Commissioner Hudson stated in most cases he would agree but he has the high spot where the road can be 20 feet. He finds this request is a reasonable, common-sense solution, noting the 12-foot road is not impacting as many wetlands. He is inclined to grant the variance. Regular Andover Planning and Zoning Commission Meeting Minutes – November 14, 2023 Page 13 Chairperson Godfrey asked if this is inside the MUSA. Mr. Janish stated it is outside the MUSA. Motion by Shafto, seconded by Shuman, to recommend the City Council approve of Interim Use Permit – Mining & Land Reclamation – PID(S) #07-32-24-34-003; 07-32-24- 33-0001 and 07-32-24-23-0002 (Applicant: Darren Lazan). Motion carried on a 4-ayes, 2- nays (Godfrey and Loehlein), 1-absent (Koehler) vote. Mr. Hellegers stated that this item would be before the Council at the November 21, 2023, City Council meeting. OTHER BUSINESS Mr. Janish updated the Planning Commission on related items. The November 28, 2023, Planning & Zoning Commission Meeting is cancelled. With the variance request for a lot split, reviewed by Planning & Zoning Commission on September 26, 2023, the City Council made a motion to deny the request and directed staff to return and provide reasons for denial. The December 26, 2023, Planning & Zoning Commission Meeting will be moved to December 27, 2023. ADJOURNMENT Motion: Chair Godfrey assumed a motion to adjourn the meeting 9:20 p.m. Motion carries by unanimous consent. Respectfully Submitted, Debbie Wolfe, Recording Secretary TimeSaver Off Site Secretarial, Inc.