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HomeMy WebLinkAboutAugust 14, 2001 o o o u u~ CV<U Wultin g/~ ~ /01 CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304. (763) 755.5100 FAX (763) 755-8923 PLANNING AND ZONING COMMISSION MEETING -AUGUST 14,2001 The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Jay Squires on August 14,2001,7:01 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Chairperson Jay Squires, Commissioners Douglas Falk, Mark Hedin, Dean Daninger, and Rex Greenwald. Commissioners absent: Larry Dalien and Tim Kirchoff. Also present: City Planner, Courtney Bednarz Planning Intern, Jason Angell Assistant City Planner, David McKay Others APPROVAL OF MINUTES July 24,2001 . Motion by Daninger, seconded by Hedin to approve the minutes as presented. Motion carried on a 5-ayes, O-nays, 2-absent (Kirchoff and Dalien) vote. VARIANCE (01-03) - V ARlANCE TO ORDINANCE NO.8 - TO WAIVE SECTION 4.05 (G) (2) FOR PROPERTY LOCATED AT 16682 HANSON BOULEVARD NW REQUIRING ACCESSORY STRUCTURES PLACED IN FRONT OF PRINCIPAL Planning Intern Jason Angell explained that the Commission is being requested to consider a variance to construct an accessory building on the property located at 16682 Hanson Blvd. NW, which doesn't meet the standards set forth in Ordinance No.8, Section 4.05, Accessory Buildings. He stated that the subject property is 9+ acres and the house is placed 700+/- feet from the front lotline. The pole building would be constructed approximately 520 +/- from the front lot line. The approximate size of the building is 30'X60'. He mentioned that the Commission should be aware that 167th Ave. NW, which currently cul-de-sacs on the northwest comer of the subject property is designated Municipal State Aid route. Therefore 167th maybe extended to Hanson Blvd. in the future and this may impact where the structure may be located. \ , / Regular Andover Plannkiand Zoning Commission Meeting Minutes-August 14,2001 Page 2 " ) \......- Mr. Angell stated that if the request were to be approved all applicable ordinances would be required to be met. He stated that the applicant has indicated that the location of the house on the property restricts his ability to construct a pole bam on the North side of the property, because that portion of the property is mainly wetland. The applicant states that the proposed location would be hard to see from the public right-of-way due to the amount of forested area. The resident to the South has a pole building on the North side of his /her property that is located 300 to 400 feet from their property line. The resident to the East has also constructed a pole building that is located 100 to 200 feet from their property line. The applicant and his neighbor have spent a great deal of time and money on "Oak Wilt" control and feels that his site choice would minimize tree removal. Finally, approval of the variance would allow the property owner the same opportunity other property owners in the neighborhood have had. The applicant Mark Oberhamer, 16682 Hanson, went on to explain his reasons for the request. He stated that the building would be approximately 500 to 600 feet off the street, which would make it difficult to see from the road. He stated that the location would not encroach on his septic area, wetlands, the pipeline or any setbacks. He stated that his neighbor to the South has a pole building on the North side of his property located 300 to 400 feet offthe street; furthermore this property owner has indicated to me that my choice would be a satisfactory location from their view. He mentioned that the land to the North is mostly wetland and is not likely to be developed. He also mentioned that the building , J would only be used for storage purposes. Commissioner Falk questioned if the distance of 600 feet would be towards Hanson Blvd. Mr. Oberhamer stated that that is correct. Commissioner Falk questioned ifthe driveway would go all the way through if 1 67th A venue went through. Mr. Oberhamer stated that it could if it was necessary. Commissioner Falk questioned if 1 67th went through would it go straight or would it curve. Mr. Angell explained that it would most likely be a straight shot to Hanson. Mr. Oberhamer explained that the home would be located of 1 67th Avenue by approximately 120 feet. Mr. Angell explained that the accessory structure would be placed on the West Side of 1 67th Avenue. Commissioner Falk questioned Mr. Oberhamer on whether or not he plans to run a business out of the structure. Mr. Oberhamer stated that the building would be used strictly for storage purposes. , / Commissioner Daninger questioned ifthere have been any concerns from residents in the area. Mr. Angell stated that there have been no inquiries from residents in the area. \ , / Regular Andover Plann~ and Zoning Commission Meeting Minutes-August 14,2001 Page 3 , ) '-- Mr. Bednarz mentioned that the building would be sided to match the house. Mr. Angell mentioned that the roof of the garage would be constructed from different materials than the roof of the house and that is the reason for the variance. Commissioner Greenwald questioned what type ofroofthe neighbors' accessory buildings have. Mr. Oberhamer explained that most of the accessory buildings have metal roofs. Mr. Bednarz explained that one difference between this property and the adjacent property is that the accessory building is setback several hundred feet farther. Commissioner Daninger questioned if the cost would be the hardship. Commissioner Hedin questioned if 167th eventually goes through could the property be subdivided and the property closer to Hanson be sold. Mr. Oberhamer explained that the only way the property could be subdivided is ifthere were sewer and water. , Commissioner Daninger questioned why the applicant couldn't put a shingled roof on the accessory building. Commissioner Greenwald mentioned that to put on a shingled roof would end up costing a lot more money and would change the type of construction. j Chair Squires stated that when considering a hardship all four criteria stated in the state statute must be reviewed. Commissioner Greenwald questioned Mr. Oberhamer on the reasoning behind not putting on a shingled roof. Mr. Oberhamer explained that his reason for not putting on a shingled roof is because ofthe type of building it will be. Commissioner Falk questioned staff on when they expect 167th Avenue to run as a through street. Mr. Bednarz explained that the extension of 16ih Avenue is dependent upon a number of factors, including the development plans of surrounding property owners. Commissioner Daninger mentioned that there has been an effort by the applicant to preserve the trees, which has also been a concern of the City. Commissioner Hedin questioned how many trees would be removed if the building were moved to the North or Northwest side of the site. Mr. Oberhamer stated that he would have to remove approximately 60 trees. / (\ \ ' ) J "--~ Regular Andover Planning and Zoning Commission Meeting Minutes - August 14, 2001 Page 4 , / Mr. Oberhamer stated that he would have to put fill in if the building were to be located behind the principal structure. Commissioner Hedin stated that this could be the hardship. Commissioner Hedin questioned the distance from the north property line to the northern most point ofthe house. Mr. Oberhamer stated that it is approximately 110 feet. Commissioner Hedin stated that if the structure were placed on the North side of the house it would create a severe hardship if the road were to go through, and if the road did go through to Hanson and the building were on the North side of the house it would be in the front yard, however if the building is placed where the applicant is recommending it would be in the side of the yard. Mr. Oberhamer explained that from the house to the edge of the wetland is approximately 60 feet; furthermore he didn't know what would have to be done to make the area buildable. Chair Squires questioned if the topography behind the house is flat. Mr. Oberhamer stated that it slopes down 5 or 6 feet. J Chair Squires questioned the possibilities of running an access on the West side ofthe structure. Mr. Oberhamer stated that it could be shorter and wider, however the grain field would encroach close to the property line. Commissioner Hedin questioned ifthere is a holding tank next to the house. Mr. Oberhamer stated that the holding tank is on the south comer of the garage. Commissioner Greenwald questioned if in the future Mr. Oberhamer would want to expand than would it require an additional variance. Mr. Bednarz stated that if the variance were granted for the roof materials it would then cover the entire structure, therefore if he did add on to the structure the variance would still be in effect. Motion by Greenwald, seconded by Hedin, to recommend to the City Council approval of a Variance to the Front Yard Setback for the property located at 16682 Hanson Blvd. NW, to construct an accessory building as requested by Mark Oberhamer. Further Discussion Chair Squires suggested that a condition be added to state that the siding of the structure would be similar to the principal structure. Motion carried on a 5-ayes, O-nays, 2-absent (Kirchoff and Dalien) vote. , , J i \ \_~ Regular Andover Planning and Zoning Commission Meeting Minutes - August 14, 2001 Page 5 ~-) '. / Mr. Bednarz stated that this item would be up for discussion at the September 4,2001 City Council meeting. PUBLIC HEARING SPECIAL USE PERMIT (01-02) - FOR BELOW GROUND 10,000 GALLON PETOLEUM TANK LOCATED AT THE SITE OF THE ANDOVER HIGH SCHOOL GENERALLY LOCATED NORTWEST OF THE INTERSECTION OF CROSSTOWN BOULEVARD AND ANDOVER BOULEVARD - MINNESOTA PEROLEUM SERVICE INC. Associate City Planner David McKay explained that the Commission is being requested to review and hold a public hearing on a special use permit request for a 10,000 gallon below ground number two heating oil storage tank to be located at the Andover High School site located at 14800 Crosstown Blvd. He stated that if approved all applicable ordinances would be required to be met. He stated that the tank is an eight by thirty one and a half-foot cylinder, which would rest three feet below ground level. The tank would be used for stand by heating of the high school if an emergency situation arose and NSP asked the school to go off of the natural gas fuel line. The nearest house is at least l/4 of a mile away and there is no noise or smell generated from this heating oil storage tank. At most, it may be used a couple times a year in emergencies or possibly never. J Mr. McKay stated that it should be noted that these are double walled fiberglass underground storage tanks with a 25-gallon flex catch below grade spill containment. The tank has a thirty-year warranty, which includes up to $2,000,000 for environmental damage caused by system failure. The State Fire Marshall, Andover Fire Department, and Building Department will also review this request. A representative from the Subcontractor introduced himself and offered to answer any questions. Chair Squires questioned the need for the tank. A Representative from the Subcontractor explained that it would be used in emergency situations only. He mentioned that the engineers that created the project have approved it. Commissioner Daninger questioned how much noise would be generated from the tank. The representative stated that the tank would generate no noise. Commissioner Falk questioned what kind of material would be used on the outside of the tank. The representative stated the materials that would be used on the outside of the tank. Motion by Hedin, seconded by Daninger, to open the public hearing at 7:36 p.m. Motion carried on a 5-ayes, O-nays, 2-absent (Kirchoff and Dalien) vote. , . '. J There was no public input. \ ( \ Regular Andover Planning1znd Zoning Commission Meeting Minutes-August 14,2001 Page 6 u Motion by Hedin, seconded by Daninger, to close the public hearing at 7:36 p.m. Motion carried on a 5-ayes, O-nays, 2-absent (Kirchoff and Dalien) vote. Motion by Hedin, seconded by Falk, to recommend to the City Council approval of Special Use Permit request of Minnesota Petroleum Service Inc. to install a 10,000 gallon below ground Heating Oil Storage Tank in accordance with Ordinance No.8, Section 4.26 on the property located at 14800 Crosstown Boulevard NW and Andover High School, subject to the following conditions: 1. The applicant obtain all required permits necessary for the installation of the fuel tank and piping connections to boilers and other fuel burning apparatus, including Building and Fire Department review and issuance of building permit. 2. The proposed installation work shall comply with all applicable Federal, State and Local fire and building codes regulating the storage of fuel. 3. The Special Use Permit shall be subject to a sunset clause as defined in Ordinance No.8, Section 5.03(D). Motion carried in a 5-ayes, O-nays, 2-absent (Kirchoff and Dalien) vote. J Mr. McKay stated that this item would be discussed at the September 4,2001 City Council meeting. \ CREEKSIDE ESTATES 2ND ADDITION PRELIMINARY PLAT - TO REVIEW SUBDIVISION OF PROEPRTY LOCATED AT 14440 CROSSTOWN BLVD NW TO CREATE FIVE RESIDENTIAL LOTS - TAYLOR MADE HOMES. Mr. Bednarz explained that the Commission is being asked to review the preliminary plat application for the project to be known as 'Creekside Estates 2nd Addition'. He stated that the project is located on Outlots B and C of the previous Creekside Estates subdivision on the west side of Crosstown Blvd. south of Coon Creek. He mentioned that the project contains five residential lots and an existing house would occupy one of those lots. The Developer Robert Day presented a brief overview ofthe project. Commissioner Hedin questioned where the 5th home would be located. Mr. Day explained that the 5th home would be the existing home located off of Crosstown Blvd. NW. Motion by Hedin, seconded by Falk, to open the public hearing at 7:41 p.m. Motion carried on a 5-ayes, O-nays, 2-absent (Kirchoff and Dalien) vote. \ \ ) There was no public input. Regular Andover Planni~g~nd Zoning Commission Meeting U Minutes-August 14,2001 Page 7 i , Motion by Hedin, seconded by Greenwald, to close the public hearing at 7:41 p.m. Motion carried on a 5-ayes, O-nays, 2-absent (Kirchoff and Dalien) vote. Commissioner Daninger questioned if the issue the Commission previously had with the access. Mr. Day explained that they would vacate one access to Crosstown Blvd. NW. Commissioner Daninger questioned if the four new accesses would be onto Osage Street. Chair Squires stated that that is correct. Motion by Falk, seconded by Greenwald, to recommend to the City Council approval of Resolution No. _, approving the Preliminary Plat of Creekside Estates 2nd Addition by Taylor Made Homes Located in Section 27, Township 32, Range 24, Anoka County, Minnesota. Motion carried on a 5-ayes, O-nays, 2-absent (Kirchoff and Dalien) vote. Mr. Bednarz stated that this item would be up for discussion at the September 4,2001 City Council meeting. , I PUBLIC HEARING: REZONING (01-02) - TO CHANGE THE ZONING CLASSIFICATION FOR PROPERTY LOCATED AT THE SOUTHEAST CORNER OF CROSSTOWN DRIVE AND 138TH AVE. NW FROM R-4 SINGLE FAMILY URBAN RESIDENTIAL TO M-2 MULITIPLE DWELLING - FOR THE PROPERTY TO BE KNOWN AS 'DEVONSHIRE ESTATES' - DA VE HARRIS. Mr. Bednarz explained that the Commission is being asked to review and hold a public hearing on the rezoning request of Dave Harris to rezone the property located at the southeast comer of 138th Avenue NW and Crosstown Drive for the proposed townhouse development to be known as 'Devonshire Estates'. He stated that the current zoning of the property is R-4, Single Family Urban Residential. He stated that this district doesn't permit townhouses. A rezoning to M-2, Multiple Dwelling is requested. All rezonings to multiple family, commercial, and/or industrial districts require a contract rezoning. It is important to note that a Comprehensive Plan Amendment is also required to change the land use designation from Single Family Urban Residential to Urban Residential Medium Density. A public notice for this item to hold a public hearing before the Commission has been prepare and will be reviewed at the August 28th meeting. The Comprehensive Plan Amendment, Rezoning, Special Use Permit, and Preliminary Plat will be reviewed at the September 4th City Council meeting. \, , I Mr. Bednarz mentioned that the zoning would be a contract rezoning. The purpose for the contract is to formalize development standards to ensure consistency and compatibility with surrounding neighborhoods. He stated that attached in the staff report is a draft contract for the Commission's review. He reviewed the standards that would be required to be part of the contract. \ ) " I ,~ \ Regular Andover Planni~/and Zoning Commission Meeting Minutes - August 14, 2001 Page 8 u Mr. Bednarz stated that both the M-l Single Family attached dwelling units and apartments and the M-2 Multiple Dwelling Zoning District allow townhouses not to exceed 8 units per building with public sanitary sewer and water service. He stated that the M-2 zoning district was selected to match the zoning of existing properties to the east that are currently zoned M-2. The Contract Rezoning will ensure that the development will follow approved guidelines. He stated that the proposed properties for the individual townhouse units would not meet the minimum lot size requirements for the M-2 zoning district. Planned Unit Development Review is needed to consider alternate development standards. The Special Use Permit application for Planned Unit Development Review will not follow this rezoning request. Mr. Bednarz explained that there is currently a moratorium that prohibits more than two residential living units from being constructed on one property. The City Council has exempted the proposed project from this moratorium. This exemption was granted due to the fact that the project had been proposed and was in the early stages of review when the moratorium was adopted. The Developer Dave Harris gave a brief overview of the project. Mr. Bednarz explained that the project would consist of a contract rezoning; therefore the zoning would be specific for this project only. Chair Squires questioned what the price point would be for the homes. Mr. Harris stated that he is unsure since the prices oflumber, etc. have gone up since the sketch plan, however the price should range between $169,000 to $189,000. Commissioner Greenwald questioned the value of the homes to the north of the site. Mr. Bednarz stated that the prices would be comparable. Commissioner Greenwald questioned ifthese townhomes would decrease the value of the homes on the north side. Mr. Bednarz stated that he didn't believe the project would have a negative effect on surrounding property values. Commissioner Falk questioned how many conditions staff is recommending. Mr. Bednarz reviewed the conditions ofthe staff report. Commissioner Greenwald mentioned that the Commission is being asked to approving the rezoning request, however it would be subject to approval ofthe Comprehensive Plan. Mr. Bednarz stated that that is correct. \ I Commissioner Daninger questioned when the sketch plan was presented to the Commission. Mr. Harris stated that it was about 18 months ago. '\ / Regular Andover Planni~)and Zoning Commission Meeting Minutes - August 14, 2001 Page 9 u Mr. Bednarz stated that the City did do an extensive study of the area to determine the best possible use of the site and potential redevelopment options for the surrounding area. Commissioner Daninger questioned ifthe sketch plan was similar to the request being proposed tonight. Mr. Harris stated that it is pretty much the same plan. He went on to explain the few changes that were made to the look of the buildings. Motion by Falk, seconded by Hedin, to open the public hearing at 7:53 p.m. Motion carried on a 5-ayes, O-nays, 2-absent (Kirchoff and Dalien) vote. Matt McBride, 2600 138th Street, stated that he owns the adjacent property, which happens to be a four plex. He stated that he has a number of concerns such as utilities, the value of his property, and time line on the project. He mentioned that he would like to know more since he will be directly affected. Chair Squires questioned Mr. Harris ifhe could address whether or not utilities would come in and whether or not they would be assessed, the property value of the adjacent homes, and the time line. Mr. Harris stated that the utilities would be on the East side of the property; furthermore the project will only enhance the property values in the area. He mentioned that they hope to finish construction by the spring of2002. J Chair Squires suggested Mr. Harris discuss some ofMr. McBride's concerns with him personally. Commissioner Hedin questioned if there would be room for trees on either side of the walkway. Mr. Harris stated that they do plan to plant some type of barrier along the fence line. Commissioner Hedin questioned the type of fence that exists. Mr. Harris stated that the City put in a chain link fence. Commissioner Hedin questioned if the fence would stay. Mr. Harris stated that as far as he understands it the fence wouldn't be removed. Randi Erickson, Creekside Homes, questioned if some of the park dedication fees could go to the park nearby since it's in need of repair. Chair Squires stated that this is something that should be discussed with the Park Commission. Mr. McBride stated that the fence is in rough condition, since the City hasn't kept it up. He stated that the park either needs to be upgraded or removed. Chair Squires suggested staff pass along the comments and concerns to the Parks Commission. '. There was no further public input. , / , , I \ Regular Andover Planni~/and Zoning Commission Meeting Minutes - August 14, 2001 Page 10 u / Motion by Falk, seconded by Hedin, to close the public hearing at 8:04 p.m. Motion carried on a 5-ayes, O-nays, 2-absent (Kirchoff and Dalien) vote. Chair Squires suggested that when the Council approve the rezoning request that they review the plans and specs, since they should be available at that time. Mr. Harris stated that he has turned them in to the City. Commissioner Greenwald questioned if there are plans to tear down the Mobil station in the future. Mr. Bednarz stated that at this time there aren't plans to change the zoning of the Mobil station, and there are no changes in the comprehensive plan for that particular site. Motion by Greenwald, seconded by Daninger, to recommend to the City Council approval Ordinance No. 8_, an Ordinance Amending Ordinance No.8, Section 6.03, Zoning District Map of the City of Andover. Motion carried on a 5-ayes, O-nays, 2-absent (Kirchoff and Dalien) vote. Mr. Bednarz stated that this item would be discussed at the September 4,2001 City Council meeting. PUBLIC HEARING: SPECIAL USE PERMIT (01-03) FOR PLANNED UNIT / DEVELOPMENT REVIEW OF "DEVONSHIRE ESTATES" LOCATED AT THE SOUTHEAST CORNER OF CROSSTOWN DRIVE AND 138TH A VENUE NW- DA VE HARRIS. PUBLIC HEARING: PRELIMINARY PLAT FOR "DEVONSHIRE ESTATES" (01- 02) FOR PLANNED UNIT DEVELOPMENT REVIEW OF "DEVONSHIRE ESTATES" LOCATED AT THE SOUTHEAST CORNER OF CROSSTOWN DRIVE AND 138TH A VENUE NW - DA VE HARRIS. Mr. Bednarz explained that approval of the Special Use Permit would allow the development to be constructed according to alternative development standards described in the staff report. He mentioned that if approved all applicable ordinances would be required to be met. He stated that the proposed project would reduce the lot size, width and depth for each lot significantly from the M-2 requirements. This is due to the fact that the units are attached and will be constructed as four unit buildings. A small property will be created for each unit. The remainder of the property will be common open space. It is desirable to maximize the amount of common open space in these types of developments to allow the homeowners association to maintain them uniformly. \. ) Mr. Bednarz stated that the exterior setbacks are side and rear setbacks only. The development will meet or exceed the minimum exterior setbacks. The interior setbacks include front and side setbacks. The distance between building fronts is 64 feet. This is divided with 20 feet between each structure and the 24-foot wide drive aisle. The interior '\ / \ Regular Andover Planni~/and Zoning Commission Meeting Minutes - August 14, 2001 Page 11 u side yard setback is zero feet due to the fact that the units are attached. The foundation size of the units is smaller than recently approved townhouse projects. It's important to note that the proposed townhouses are two stories with both floors completely finished. This brings the total finished square footage to 1,379 and 1,528 square feet. The exterior finishing materials of the townhouses will include brick and vinyl siding. The garage doors will be steel with a raised panel. A decorative louver will be located on the front garage elevation. Three gables are indicated on the front of the building in an attempt to break up the roofline. An association will be formed to maintain the exterior of the buildings as well as landscaped and paved areas. The Restrictive Covenants document will be reviewed as a part of the final plat application. Mr. Bednarz explained that the Commission is asked to determine whether the proposed subdivision is in conformity with the Comprehensive Plan, in conformance with the criteria of the City and the best use ofthe land. He stated that in the staff report information is provided for the Commission's review. \ J Mr. Bednarz stated that the existing land use of the proposed preliminary plat is currently designed as URL, Urban Residential Low Density. A Comprehensive Plan Amendment is necessary to change the land use designation to URM, Urban Residential Medium Density. The proposed preliminary plat is currently zoned R-4, Single Family Urban Residential. Rezoning ofthe property by contract to M-2, Multiple Dwelling is necessary. The proposed plat is currently inside the Metropolitan Urban Service Area and will be developed with municipal water and sanitary sewer. The proposed subdivision is to be developed as a Planned Unit Development and consists of 8 townhome units and common open space. The developer and/or owner are responsible to obtain all necessary permits. He went on to review the comments made by the Andover Review Committee. He stated that the Park Commission will evaluate previous land dedications to determine if park dedication has been satisfied. Motion by Hedin, seconded by Falk, to open the public hearing on item #7 at 8:18 p.m. Motion carried on a 5-ayes, a-nays, 2-absent (Kirchoff and Dalien) vote. Motion by Hedin, seconded by Daninger, to open the public hearing on item #8 at 8:18 p.m. Motion carried on a 5-ayes, a-nays, 2-absent (Kirchoff and Dalien) vote. There was no public input. Motion by Daninger, seconded by Hedin, to close the public hearing on item #7 at 8: 19 p.m. Motion carried on a 5-ayes, a-nays, 2-absent (Kirchoff and Dalien) vote. Motion by Daninger, seconded by Hedin, to close the public hearing on item #8 at 8:19 '\ p.m. Motion carried on a 5-ayes, a-nays, 2-absent (Kirchoff and Dalien) vote. / \ Regular Andover Planni~t~)and Zoning Commission Meeting Minutes - August 14, 2001 Page 12 u , / Commissioner Daninger questioned in the preliminary plat what would divide the Mobil station from the development. Mr. Harris stated that right now there is the fence and trees as a border. He stated that they do plan to review this and plant additional trees if necessary. Commissioner Daninger stated that planting trees might be to the advantage of Mr. Harris. Mr. Bednarz agreed, and suggested the Commission include in the motion any specific recommendations for the landscaping plan. Mr. Harris stated that Dave Carlberg had mentioned that the landscape plan didn't need to be presented before the Commission, but would need to be reviewed by the Council on September 4th. He offered to bring it to the next Planning Commission meeting on the 28th of August. Chair Squires suggested including it with the plans and specs that would be submitted to the Council for their approval on the 4th. Commissioner Daninger questioned what the backside of the homes would look like. Mr. Bednarz presented a picture before the Commission showing the rear elevation. \. , J Commissioner Hedin questioned if there is room for a deck off the backside. Mr. Harris stated that the patio doors will open up to a patio on ground level; however there would be no deck on the upper level. Motion by Greenwald, seconded by Daninger, to recommend to the City Council approval of Resolution No. R_-OI, Granting the Special Use Permit request of Dave Harris for a Planned Unit Development to Develop a Residential Development Consisting of Eight (8) Townhome Units to be known as the Subdivision of "Devonshire Estates" on the Property Legally Described on Exhibit A, subject to the Comprehensive Plan Amendment. Motion carried on a 5-ayes, O-nays, 2-absent (Kirchoff and Dalien) vote. Motion by Greenwald, seconded by Hedin, to recommend to the City Council approval of Resolution No. R_-OI, approving the Preliminary Plat of the Planned Unit Development of "Devonshire Estates" by Dave Harris Located in Section 33, Township 32, Range 24, Anoka County, Minnesota, Legally Described on Exhibit A, subject to the following conditions: '\ 1. The developer obtains all necessary permits from the Coon Creek Watershed District, DNR, Corps of Engineers, LGU, MPCA, and any other agency that may be interested in the site. 2. Contingent upon the approval of the Comprehensive Plan Amendment, Contract Rezoning, and the Special Use Permit for the Planned Unit Development. If any of these applications or requests fails to be approved, in whole or in part, the preliminary plat shall be considered null and void. , / ') Regular Andover Plann}fl) a~d Zoning Commission Meeting Minutes - August 14, 2001 Page 13 u 3. Park Dedication per Ordinance No. 10, Section 9.07. 4. Contingent upon staff review and approval for compliance with City ordinances, policies and guidelines. 5. The variances or development standards shall become the only listing of variances to ordinances No.8 and 10 approved on the plat. 6. Such plat approval is contingent upon a development agreement acceptable to the City Attorney. 7. Materials and colors of the buildings to be approved by the City Council as a part of the Special Use Permit for the Planned Unit Development. Motion carried on a 5-ayes, O-nays, 2-absent (Kirchoff and Dalien) vote. Mr. Bednarz stated that this item would be up for discussion at the September 4,2001 City Council meeting. ORDINANCE AMENDMENT (01-03) - TO REVIEW AMENDMENT TO ORDINANCE NO. 219 - AN ORDINANCE REGULATING AND CONTROLLING WEEDS AND GROWING GRASSES AND OTHER HARMFUL VEGETATION IN THE CITY OF ANDOVER. '. , / Mr. Bednarz explained that there was general consensus at the July 24th meeting that relaxing the maintenance standards for rural residential properties was ~ppropriate. The discussion centered around which areas should be required to be mowed and which should be exempt. The discussion also addressed peripheral effects than an ordinance amendment may have on agricultural, vacant and public properties. He stated that the proposed amendment has been revised to reflect his discussion and additional comments received over the past two weeks. He mentioned that staff also surveyed surrounding communities to determine how lawn maintenance is regulated in other cities. Commissioner Hedin questioned if one were to have a square one acre lot with a house in the middle, could that 1/4 area be the comer of the lot. Mr. Bednarz stated that it could but it couldn't include the boulevard area. Commissioner Hedin questioned if someone on a 5-acre lot with a house in the middle of the lot and sod surrounding the house, would have to mow 13 1/2 feet of width along the whole front. He also questioned if they would have to mow on one-side 30 feet if either property is keeping it up. Mr. Bednarz stated that boulevard maintenance is the responsibility of the adjacent property owner as indicated in Ordinance 106. Commissioner Hedin stated that he is uncomfortable with the neighbor determining how far he would have to mow under the 30 foot mow strip requirement. Commissioner Daninger stated that he is uncomfortable with letting his neighbor grow noxious weeds \ next to his property. \ Regular Andover Plann}n) and Zoning Commission Meeting Minutes-August 14,2001 Page 14 ~J Chair Squires agreed that it becomes difficult if one side isn't kept up. He stated that one neighbor will end up dictating how much would be mowed. Commissioner Hedin stated that he's uncomfortable with the idea. Commissioner Falk stated that rural lots should be treated differently than urban lots. He agreed that the neighbor shouldn't be able to dictate how much would be mowed. Commissioner Daninger stated that he agrees to a point however mentioned that he's lived next to a lot that wasn't developed and the developer never did a thing. Commissioner Greenwald stated that it doesn't make a lot of sense to have to mow 30 feet on the side property line when it isn't even in the day to day living space. Commissioner Daninger reminded the Commission that enforcement is based on complaints from the residents. Commissioner Greenwald questioned if there should be additional language added to the definition of noxious weeds in the ordinance amendment like other cities have done. Mr. Angell stated that what other cities have done is added language to name specific plant speCIes. \ A member from the audience mentioned that if they do have a larger lot they wouldn't , / have to mow it much since the soil would be all sand and therefore it wouldn't take much to maintain. Commissioner Greenwald suggested adding something more specific under the noxious weed definition. Chair Squires stated that he's comfortable with leaving it the way it is since the list could change from time to time. Commissioner Greenwald questioned the reason other cities include additional language. Mr. Bednarz stated that other cities may have specific problems with certain weeds, which would explain why they've included additional language. Commissioner Greenwald suggested including language similar to Anoka's ordinance. Commissioner Daninger questioned if the reason for the slope 3:1 was because it's unsafe to mow or too tough to mow. Mr. Bednarz stated that it typically is unsafe and could help to prevent erosion. Commissioner Daninger suggested adding language regarding the 3:1 slope to Section 3B. 1 '\ ( 1 Regular Andover Planning and Zoning Commission Meeting Minutes -August 14,2001 Page 15 ~-) Commissioner Hedin stated that he would feel more comfortable if there was limit to mow such as 30 feet from the edge of the boulevard. Mr. Bednarz suggested that it not exceed 40 feet, since this is the front yard setback in the rural areas. Commissioner Daninger stated that he would have to disagree since the person with a maintained yard wouldn't have anything to protect them. Commissioner Hedin stated that they would still mow 40 feet back. Commissioner Daninger questioned what would happen if a person mows another 100 feet. He stated that there would be no barrier between the two. He stated that the problem would be if you move there and both are mowing and then something for some reason changes. Chair Squires suggested the Commission pursue an ordinance amendment, however recommended the following changes. '\ . In Section 3B, add an additional point under #7 to state Slopes greater than 3:1. . In Section 3C, point #2, adding the following sentence, "This area need not exceed the minimum front yard setback of the adjacent property. . In Section 3C, point #3, adding the following language after the word setback, "that are located directly in front of the dwelling. Commissioner Daninger stated that he would accept the compromise. The rest ofthe Commission also agreed with the changes. Mr. Bednarz stated that this amendment would come back for a public hearing at the August 28th meeting. Commissioner Falk questioned if there have been any complaints regarding the ordinance. Mr. Bednarz described the types of complaints received by staff. OTHER BUSINESS Mr. Bednarz updated the Commission on related items that have recently been before the Council and congratulated Commissioners Daninger and Hedin on their appointment to the Sports Complex Task Force. ADOURNMENT Motion by Daninger, seconded by Hedin, to adjourn the meeting at 9:03 p.m. Motion carried on as-ayes, O-nays, 2-absent (Kirchoff and Dalien) vote. \ / \ / \ Regular Andover Planni~l/and Zoning Commission Meeting Minutes - August 14, 2001 Page 16 , Respectfully submitted, Sara Beck, Recording Secretary TimeSaver Off Site Secretarial, Inc. \ J , , \ / \.)