HomeMy WebLinkAboutApril 24, 2001
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CITY of ANDOVER
PLANNING AND ZONING COMMISSION MEETING -APRIL 24, 2001
The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was
called to order by Chairperson Jay Squires on April 24, 2001, 7:00 p.m., at the Andover
City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota.
Commissioners present:
Chairperson Jay Squires, Commissioners 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
APPROVAL OF MINUTES.
March 13,2001
Motion by Dalien, seconded by Daninger, the Minutes be approved as submitted. Motion
carried on a 7-ayes, O-nays, O-absent vote.
VARIANCE (01-01) - VARIANCE TO ORDINANCE NO. 114 WFTT ANT) RTTFFFl1
- TO REDUCE THE WETLAND BUFFER SETBACK TO ALLOW THE
CONSTRUCTION OF PRINCIPAL STRUCTURE ON PROPERTY LOCATED AT
1540 15STH LANE NW - GERALD WINDSCHITL.
City Planner Courtney Bednarz explained that the Planning and Zoning Commission is
being asked to recommend approval of a variance to the wetland buffer setback to allow a
house to be constructed on a vacant property in the Chesterton Commons North
development. Mr. Bednarz reviewed the applicable ordinance and explained that the
subject property was created in 1999 as part of the Chesterton Commons North plat.
Mr. Bednarz noted this type of situation would typically be addressed and corrected
during the review of the preliminary plat. He explained that Ordinance 114 does allow
flexibility to adjust the wetland buffer setback during the review of plats based on
development constraints. However, this adjustment was not made during the review of
the plat. The plat has now been recorded and the subject property is now a lot of record.
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Regular Andover Planning and Zoning Commission Meeting
Minutes-April 24, 2001
Page 2
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Mr. Bednarz presented a diagram depicting the site plan and noted the area under
consideration for a variance. He noted that the development potential of this lot is
severely restricted by the location of the cul-de-sac and the wetland that encroaches upon
the south end of the property. As a result, the buildable portion of the lot between the
front yard setback and the wetland buffer setback is reduced to approximately 22 feet
near the center of the lot. This situation causes the lot to be virtually unbuildable if both
setbacks are strictly enforced.
Upon inquiry, Mr. Bednarz explained the positioning of the home on this site in relation
to the cul-de-sac and neighboring homes. It was felt that reducing the front setback
further would place it in front of the homes on either side. He advised that a typical silt
fence would need to be installed prior to construction and maintained which would
eliminate impact to the wetland.
Commissioner Greenwald asked how wet the wetland is. Mr. Bednarz stated there is
currently standing water, however, it is transition area since no aquatic vegetation is
present. He displayed Attachment B which contains a portion of the grading plan and
illustrates the subject property, elevations, and wetland delineation.
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Commissioner Daninger asked if previous wetland variances have been granted. Mr.
Bednarz stated he does not know if a similar variance has been issued in the past since
the platting process allows the ability to correct the setback.
Commissioner Hedin asked if a home exists on the adjacent property. Mr. Bednarz stated
it does not and typically the style of homes built would have a garage forward or even
with the house and constructed close to the 35-foot front setback line.
Commissioner Hedin noted that placing this home in front of the 35-foot front setback,
with landscaping, may not be very noticeable. He stated he would prefer to protect the
wetland by granting a full ten-foot variance to the front setback.
Mr. Bednarz explained the dimensions of the building pad which will restrict the size and
style ofthe home that can be constructed.
Commissioner Dalien asked if a full basement can be constructed on this lot. Mr.
Bednarz stated it could have a full basement or a walkout design.
Commissioner Dalien stated since the lot is located on a curve, he would consider a front
yard setback, but perhaps not a full ten-foot variance. He agreed with Commissioner
Hedin about the desire to assure protection of the land, however, he believes this situation
needs to be addressed somehow or taxes will not be paid. He noted another option would
have been to split the lot and sell it to the adjoining lots.
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Chairperson Squires stated he believes maintaining the integrity of the front yard setback
is of a higher priority than protecting the wetland buffer. He stated granting a variance to
Regular Andover Plann~fI) and Zoning Commission Meeting
Minutes - April 24. 2001
Page 3
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five feet would not mean the wetland would be destroyed and he believes that five-foot
area is more of the tradition for wetland setback in Andover. He stated a five-foot area
can protect the wetland from nutrients. He stated he would prefer this house not stick out
in front of the homes on either side.
Commissioner Falk stated his agreement with Commissioner Hedin's point and noted the
homeowner will not want to walk into a soggy back yard. He suggested making this into
a park or splitting the lot between the adjacent two properties. Commissioner Falk stated
he supports a larger back yard.
Commissioner Kirchoff asked about the impact of flooding if the house is brought
forward five feet. Mr. Bednarz stated the issue of flood risk has been analyzed and the
location depicted in Attachment A could still accommodate a full basement. He
explained the lot has been graded to accommodate a walkout design.
Chairperson Squires asked if the lot as been graded to allow placement of the house as
shown on Attachment A. Mr. Bednarz answered affIrmatively.
Commissioner Greenwald stated his support to consider a front yard setback and noted it
would take a sharp eye to see a five-foot difference in the front setback, especially if the
house is angled. Also, the rear yard will have a six-foot drop in elevation which may not
be as nice. He stated there is a wetland behind his house and knows it can be a messy
I area.
Commissioner Kirchoff stated it appears the Commission supports having this be a
buildable lot, it is just a matter of how to do it.
Mr. Bednarz displayed a survey and pointed out the area of the wetland. He noted that
even with a five-foot reduction of the front yard setback, a wetland buffer variance may
also be needed.
Commissioner Hedin asked about a 25-foot front setback and rearranging the house so it
does not impact the wetland area. Mr. Bednarz stated it may be possible but the house
would have to be angled to face into the cul-de-sac which may seem to be an odd
orientation considering how the houses on either side will be positioned.
Commissioner Hedin suggested the house be angled to be more parallel with the front lot
line.
Chairperson Squires suggested that the orientation of a home is usually based on the
orientation of the homes on either side. He stated he believes that is a greater impact than
a rear yard variance. He stated that dictating how this house is oriented may have an
impact to the houses on either side.
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J Mr. Bednarz stated the grading plan identifies how the homes on either side will be
Regular Andover Plann~,J and Zoning Commission Meeting
Minutes-April 24, 2001
Page 4
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located parallel to the street.
Commissioner Greenwald asked if consideration can be given to ten feet in either
direction, or must be addressed as two different variances. Mr. Bednarz explained that
two different ordinances are involved so two variances would be needed.
Commissioner Daninger asked if a house plan has been identified. Mr. Bednarz stated
the building pad allows the potential for placement of a future deck. He stated it is not
being assumed that the entire rear wall of the house would be aligned with the diagram in
Attachment A. Depending on the style of house, options would be available for the
location of the sliding glass door and deck.
Chairperson Squires stated a lot of questions are due to there not being a concrete
building plan so there are questions about how the house can be oriented. He stated an
alternative would be to wait until a specific plan has been submitted so it can be
determined if it is feasible to angle the house.
Mr. Bednarz stated the developer wants to market the lot so it is important for the
Commission to indicate if they are or are not willing to recognize there are constraints on
this lot and whether they would be willing to consider a variance of up to ten feet.
Commissioner Greenwald stated he would feel more comfortable with a delay to obtain
) additional details but it may raise concerns with the potential buyer.
After an informal poll of the Planning Commissioners, Chairperson Squires stated the
Commission would support a variance of some sort but would like to first see the
specifics. He noted the need to consider this matter within 60 days so the applicant
should be asked to support an extension. Mr. Bednarz stated the City can also extend the
period of consideration.
A member of the audience advised that the builder wants to construct a model home on
this lot and wants to get started. She stated the builder would be comfortable with
providing ideas on the types of home that would work on the lot.
Commissioner Dalien asked if the builder would be willing to present a building plan for
the Planning Commission's consideration at the next meeting. The audience member
stated she believes the builder would be willing to do so.
Mr. Bednarz stated a house concept was submitted but was not drawn to scale so the
setback distances could not be determined.
Commissioner Falk stated his support to table this consideration until a concrete building
plan is presented.
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'-- ) Commissioner Hedin concurred and noted it would also allow the builder to provide
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Regular Andover Planning and Zoning Commission Meeting
Minutes-April 24, 2001
Page 5
comments on a front yard variance consideration.
Commissioner Daninger stated he is more comfortable with having a definite plan and
suggested that several plans be presented at the next meeting so a decision can be made.
The audience member stated the lots on either side have been sold and there may be
definite building plans for those lots.
Motion by Hedin, seconded by Dalien, to table consideration of the wetland buffer
setback variance request to the May 8, 2001 meeting to allow the builder to present
several building plan concepts for the subject lot and the lots on either side. Motion
carried on a 7-ayes, O-nays, O-absent vote.
OTHER BUSINESS.
Mr. Bednarz updated the Commission relative to Council and EDA actions on planning
items. He reported on the meeting held with the Metropolitan Council related to the
Comprehensive Plan and request to more thoroughly look at the Coon Rapids interceptor
along with capacity calculations of that system to see if development can extend beyond
the 2020/2040 line and stilI be served by municipal utilities.
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Mr. Bednarz advised that a meeting has been scheduled on April 30, 2001 with property
owners for property that is guided for development in 2002 and 2003.
Commissioner Daninger requested an update on the Community Center Task Force. Mr.
Bednarz stated that representatives from the other cities have not yet been finalized but he
thinks it is important to get started this spring so a recommendation can be formulated.
He stated staffwilI keep the Planning Commission informed.
ADJOURNMENT.
Motion by Kirchoff, seconded by DaIien, to adjourn. Motion carried on 7-ayes, O-nays,
O-absent vote. The meeting was adjourned at 7:43 p.m.
Respectfully submitted,
Carla Wirth, Recording Secretary
TimeSaver Off Site Secretarial, Inc.
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