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CITY of ANDOVER
PLANNING AND ZONING COMMISSION MEETING - MAY 8,2001
The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission
was called to order by ChairpersonJay Squires on May 8, 2001, 7:01 p.m., at the
Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota.
Commissioners present:
Chairperson Jay Squires, Conllnissioners Larry Dalien,
Douglas Falk, Tim Kirchoff, Mark Hedin, Dean Daninger,
and Rex Greenwald;
Commissioners absent:
There were none.
Also present:
City Planner, Courtney Bednarz
Others
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APPROVAL OF MINUTES.
April 24, 2001
Motion by Daninger, seconded by Dalien, the Minutes be approved as presented.
Motion carried on a 6-ayes, O-nays, I-absent (Hedin) vote.
Commissioner Hedin arrived at 7:02 p.m.
VARIANCE (01-01) - VARIANCE TO ORDINANCE NO. 114 WETLAND BUFFER
- TO REDUCE THE WETLAND BUFFER SETBACK TO ALLOW THE
CONSTRUCTION OF A PRINCIPAL STRUCTURE ON PROPERTY LOCATED AT
1540 158TH LANE NW (CONT.) - GERALD WINDSCHITL.
City Planner Courtney Bednarz explained that the Planning and Zoning Commission is
asked to recommend approval of a variance to the wetland buffer setback to allow a
house to be constructed on a vacant property in Chesterton Commons North
development. He stated that the subject property was created with the Chesterton
c.J Commons North plat in 1999. He mentioned that a 15-foot variance to the 100-foot
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Regular Andover Planning and Zoning Commission Meeting
Minutes - May 8, 2001
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buildability requirement was given to this lot at that time. He also mentioned that the
property is zoned R-4, Single Family Urban Residential.
Mr. Bednarz stated that the Wetland Buffer Ordinance was adopted in 1996. Since that
time, the wetland buffer strip has been reduced to accommodate residential
developments on several occasions, the most recent being the Woodland Oaks
development. He stated that as indicated in Attachment A, the wetland buffer strip was
reduced to allow sufficient space to construct houses.
Mr. BednalZ explained that the Commission previously indicated that the style and
location of the house should be fmalized before recommending a course of action. He
stated that staff has worked with TH Construction to determine the best design for the
property, in addition a modified two-story house similar to houses located on either side
of the property was selected, as indicated in Attachment B. He went on to explain that
the design would require a variance to the wetland buffer setback to reduce the buffer
strip to eight feet in width. In addition, a variance to reduce the front yard setback from
35 to 30 feet would also be needed. He also went on to mention the reason this
particular design was recommended as stated in the staff report.
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Mr. BednalZ explained that also included in the staff report are alternate designs as
requested by the Planning Commission for comparison. He went on to state that
Ordinance No.1 0, Section 17 provides procedure for reviewing variance requests,
furthermore as part of the reviewing request, undue hardship resulting from the
topography or other physical conditions must be documented. He went on to state the
fmdings that are presented in the staff report.
Mr. Bednarz explained that staff recommends approval of variance #01-01 to reduce the
wetland buffer setback from 16.5 feet to 8 feet and reduce the front yard setback from
35 to 30 feet.
Commissioner Falk questioned how concrete the house plans really are. Mr. Bednarz
stated that the builder submitted the house plans.
Chair Squires suggested adding language to the resolution that the construction is
consistent with the footprint in Attachment B so it isn't just a generic variance.
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Commissioner Dalien questioned if this house would require an additional variance for
a deck. Mr. Bednarz stated that a deck could be located on the west side of the house
without a variance.
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Regular Andover Planning and Zoning Commission Meeting
Minutes-May 8, 2001
Page 3
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Commissioner Hedin commended Mr. Bednarz on ajob well done when putting
together the staff report.
Commissioner Daninger questioned if the variance weren't granted and a house was
built what would be the disadvantage of the lot. Mr. Bednarz stated that if that were the
case the value of the lot would drop significantly. He stated that the City had previously
approved the residential lot and that a variance would need to be granted to pennit
reasonable use of the property.
Commissioner Dalien stated that if the value of the land were to diminish then someone
would eventually quit paying the taxes and after some time the City would probably
take ownership of the property as a park.
Commissioner Dalien moved to approve the resolution, however amending the sixth
"Whereas" paragraph to include the following language after the word "and" in the 4th
line, "because the lot is on a cul-de-sac... ".
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) Motion by Dalien, seconded by Hedin, to recommend approval to the City Council of
Resolution No. _ as amended, approving the variance request for Gerald Windschitl
to vary from the wetland buffer setback provision of ordinance 114 and the front yard
setback provision of ordinance 8 on property located at 1540 158th Lane NW, subject to
the following conditions:
1. A wetland buffer setback of eight (8) feet, and;
2. A front yard setback of thirty (30) feet.
3. That construction is consistent with the footprint in Attachment B.
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Motion carried on ~yes,)M1ays, O-absent vote.
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Mr. Bednarz stated that this item would be considered at the May 15,2001 City Council
meeting.
OTHER BUSINESS.
Mr. Bednarz updated the Commission relative to Council actions on planning items.
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Mr. Bednarz reminded the Commission that there will be a joint meeting with the City
Council immediately following the May 22, 2001 Planning Commission meeting. He
stated that information regarding the joint meeting would be included in the packets.
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Regular Andover Planning and Zoning Commission Meeting
Minutes - May 8,2001
Page 4
ADJOURNMENT.
Motion by Kirchoff, seconded by Hedin, to adjourn. Motion carried on 7-ayes, O-nays,
O-absent vote. The meeting was adjourned at 7; 18 p.m.
Respectfully submitted,
Sara Beck, Recording Secretary
TimeSaver Off Site Secretarial, Inc.
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