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HomeMy WebLinkAboutApril 27, 1999 o o o CITY of ANDOVER PLANNING AND ZONING COMMISSION MEETING -APRIL 27, 1999 MINUTES The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Conunission was called to order by Chairperson Jay Squires on April 27, 1999, 7:05 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Maynard Apel, Larry Dalien, Douglas Falk, Mark Hedin, and Jay Squire Dean Daninger and Bev Jovanovich City Planner, John Hinzman Commissioners absent: Also present: APPROVAL OF MINUTES. April 13, 1999 Mr. Hinzman stated that a change should be made on page seven instead of reading "alarm fees r'" ranged from $100.00 to $150.00" it should read "alarm fees ranged from $50.00 to $150.00. o o Motion by Apel, seconded by Hedin, the Minutes be approved as written. Motion carried on a 5- ayes, O-nays, 2-absent (Daninger, Jovanovich) vote. PUBLIC HEARING: AMEND SPECIAL USE PERMIT (ASUP 99-05) -ADDITION TO CHURCH -16150 CROSSTOWN BOULEVARD NORTHWEST - CONSTANCE EV ANGALICAL FREE CHURCH Mr. Hinzman stated that the Planning and Zoning Commission is asked to approve an amended special use permit to construct a 13,000 square foot addition onto an existing church at 16150 Crosstown Boulevard Northwest (PIN 14-32-24-14-0001, -0003 - 0005. The property is zoned R-l, Single Family Rural. Mr. Hinzman explained that the applicable ordinances are: Ordinance No.8, Section 5.03, regulates the amended special use permit process and outlines the following criteria for review: 1) The effect of the proposed use upon the health, safety, morals and general welfare of the occupants of the surrounding land. 2) The effect on existing and anticipated traffic conditions including parking facilities on adjacent . streets and land. / , J () () Regular Andover Planning and Zoning Commission Meeting Minutes -April 27, 1999 Page 2 " , ) 3) The effect on the values of property and scenic views in the surrounding area. 4) The effect of the proposed use on the Comprehensive Plan. Ordinance 8, Section 7.03, Special Uses allows churches as a special use in residential districts. Mr. Hinzman explained that the existing facility was constructed under SUP 94-06 in 1994. Although tentative expansion plans were included on the original site plan, Resolution No. R081-94 required that any expansion of the existing plans be regulated via the amended special use permit process. Mr. Hinzman noted that the City Council has agreed to hear this item at the May 4, 1999 meeting due to a miscommunication between the applicant and Staff regarding approvals needed by the City. He explained that placement of the item on a later agenda would inhibit expansion plans for the facility . \ '- ) Mr. Hinzman explained that the proposed expansion would consist of pre-school classrooms and offices, and an additional 54 parking spaces. He stated that it would be architecturally integrated into the existing facility, and that the nearest resident is approximately 350 feet away. He noted that the Andover Review Committee will review the commercial site plan for the addition including parking, lighting, grading, drainage, and erosion control. Mr. Hinzman reviewed the photos of the different views of the location of the proposed addition. Motion by Ape!, seconded by Hedin, to open the public hearing. Motion carried on a 5-ayes, O-nays 2 - absent (Daninger, Jovanovich) vote. Commissioner Apel stated that the church had explained in1994 that they would be doing an expansion and doesn't think there is any problem with this proposal Commissioner Hedin questioned if there were any problems in 1994. Mr. Hinzman stated no, that he had reviewed the minutes from 1994. Commissioner Hedin questioned if the church has any more additions planned for the future. Jim Weber. Constance Free Church, stated that the church plans for a phase III in probably five years depending on the growth of the church. He explained that the addition would probably include a new sanctuary. . Motion by Apel, seconded by Dalien, to close the public hearing. Motion carried on a 5-ayes, 0- nays, 2 absent (Daninger, Jovanovich) vote. " / () () Regular Andover Planning and Zoning Commission Meeting Minutes -April 27, 1999 Page 3 ) Motion by Dalien, seconded by Apel, to recommend to the City Council approval of the amended special use permit request for an addition to the Constance Evangelical Free Church located at 16150 Crosstown Boulevard Northwest. The Commission finds the request meets the requirements of Ordinance No.8. Motion carried on carried on a 5-ayes, O-nays, 2-absent (Daninger, Jovanovich) vote. PUBLIC HEARING: LOT SPLIT/VARIANCE (L.S. 99-01) - 3611 157ffi A VENUE - CHARLES HOULE Mr. Hinzman explained that the Planning and Zoning Commission is asked to review the lot split and variance request of Charles and Vendala Houle to split the northern 2.5 acres of a five acre parcel at 3611 I 57th Avenue Northwest (pIN 17-32-24-34-0005). A variance is requested to Ordinance 8, Section 4.05(L) to allow a sheet metal building over 120 square feet on a parcel three acres ofless in size. The property is zoned R-I, Single Family Rural. Mr. Hinzman stated that the applicable ordinances are: . \ Ordinance 40 regulates the division of lots. A lot split is defined as any division of a Jot, parcel or tract of land into not more than two parcels when both divided parcels meet or exceed the minimum requirements for a platted lot in the applicable zoning district. , I Ordinance 8, Section 6.02 establishes the provision for minimum lot width, lot depth and lot area for zoning districts. The minimum requirements in the R-I district are as follows: . Lot width at Front Setback . Lot Depth . Lot Area per Dwelling -300 feet -150 feet -2.5 acres Ordinance 40, Section 5B states if no park fees were assessed or land dedicated during the original plat, the Council may assess a fee set by resolution ($400.00) for each lot created. Ordinance 8, Section 4.05(L) - Accessory Buildings prohibits permanent sheet metal, painted or unpainted accessory buildings exceeding 120 square feet on parcels less than three acres in residential districts. The foregoing shall not apply to painted and finished metal siding normally used on residential structures. Ordinance 8, Section 5.04 - Variances allows variances where there are practical difficulties or unnecessary hardships in any way of carrying out the strict letter ofthe provisions of this Ordinance. Hardships or difficulties must have to do with characteristics of the land and not the property owner. Economic considerations shall not constitute an undue hardship if reasonable use of the property exists under the terms of the Ordinance. '\ \- / () U Regular Andover Planning and Zoning Commission Meeting Minutes - April 27, 1999 Page 4 , ) Mr. Hinzman explained that the existing pole building was constructed in 1985 the existing pole building measures 26' x 39'4". The building is located 130' northwest of the existing home and approximately 60' south of the new proposed property line. The structure is sheet metal construction and surrounded by tall pine trees on the north and east sides. Mr. Hinzman explained the proposed lot split meets the minimum size and setback requirements of Ordinance 8 and the building official has judged the site buildable. Mr. Hinzman reviewed photos of the property and the pole building. Commissioner Dalien questioned who owns the adjacent property. Charles Houle. 3611 157th Avenue Northwest, stated that he has lived on the property since 1971. He explained that Gerald and Darlene LaZare live to the left and to the north is Helen Jan Steffus. He noted that he came to the Commission in 1985 and tried to put a 3,000 square foot building on the property but did not because he felt it would be an eyesore to themselves and to the neighbors so they cut the building size down to 1,000 square feet and surrounded the building with trees. Chairperson Squires questioned if a building permit was required when the pole building was constructed. Mr. Hinzman stated yes. \ , , Commissioner Hedin questioned if the property would be in any other violation by splitting the property. Mr. Hinzman explained that they would only be in violation because the pole building is metal, he noted that if the building had different siding on it like brick it would be acceptable. Commissioner Hedin stated that he has driven by the property several times and thought it was a very nice building and doesn't think it would cause any problems because it is surrounded by trees. Commissioner Hedin questioned if Mr. Houle was planning on moving from the property. Mr. Houle stated yes. Motion by Falk, seconded by Hedin, to open public hearing. Motion carried on as-yes, 0 nays, 2- absent (Daninger, Jovanovich) vote. Jim Hughes. Greenwell Realtv, explained that he is assisting Mr. Houle with the sale of his property and stated that he had wrote the economic hardship on the application. He explained that he understood why City Staff didn't feel comfortable with the economic hardship explanation. He stated that the hardship should be more along the lines of common sense and stated that he understand that the Ordinance was put in place to avoid smaller properties from having several buildings, but noted that the existing pole building is not unsightly and is surrounded by many trees. \ , / o 0 Regular Andover Planning and Zoning Commission Meeting Minutes - April 27, 1999 Page 5 , , ,j Motion by Hedin, seconded by Apel, to close the public hearing. Motion carried on a 5-ayes, 0- nays, 2-absent vote. Commissioner Apel stated that is in favor of granting the variance based on the fact that the building already exists and that the building was constructed before the Ordinance was adopted. Commissioner Falk stated that he agreed with Commissioner Apel and doesn't feel that the pole building should be torn down. Chairperson Squires stated that he thinks that it is necessary to focus on economic hardship and the notion of why there is a hardship. He suggested following up on the property owner's suggestion to plant some more trees. Commissioner Dalien agreed that more trees should be planted to help with further screening of the building. He stated that in situations where the building was built before the Ordinance was adopted consideration should be given. , \ .'- / lJ.ofotion by Hedin, seconded by Apel, to recommend approval of the lot split and variance request of Charles and Vendala Houle taking into consideration recommendations by Staff and including planting more trees around the pole building based on the hardship due to an Ordinance that was passed after the building was built. Motion carried on a 5-ayes, O-nays, 2-absent (Daninger, Jovanovich)vote. VARIANCE (VAR 99-03) - DECK ENCROACHING INTO THE FRONTYARD SETBACK - 15514 LARCH STREET NORTHWEST - DA VID HOLDSWORTH. Mr. Hinzman explained that the Planning and Zoning Commission is asked to review the variance request of David Holdsworth to allow for the construction and placement of a deck/ramp that will encroach into the frontyard setback 0 the property located at 15514 Larch Street Northwest, legally described as Lot 6, Block 4, Nordeen Addition. The property is zoned R-3, Single Family Suburban and is .46 acres in size. Mr. Hinzman stated that the applicable ordinances are: Ordinance No.8, Section 6.02 requires a thirty-five foot frontyard setback. Ordinance No.8 Section 5.04 establishes the variance procedure and process. Variances may be granted where there are practical difficulties or unnecessary hardships in any way of carrying out the strict letter of the provisions of the Zoning Ordinance. The hardships or difficulties must have to do with the characteristics of the land and not the property owner. , '\ / o 0 Regular Andover Planning and Zoning Commission Meeting Minutes -April 27, 1999 Page 6 , ) Mr. Hinzman explained that the applicant is requesting to construct a handicap accessible deck/ramp that will encroach fifteen feet into the frontyard setback. The single-family home was constructed in 1973, after the adoption of the Zoning Ordinance (1970) and presently encroaches nine feet into the frontyard setback. He noted that the City did not require a survey for new construction until 1990. Mr. Hinzman explained that the applicant conducts foster care from the home and has a handicap person who will soon be utilizing a wheelchair to gain access to and from the front entry. The six foot deck/ramp encroachment is being requested so that there is ample room to maneuver the wheelchair in and out of the home. Mr. Hinzman reviewed the site drawing of the proposed deck/ramp. Commissioner Dalien questioned if the tree in the front yard would stay. David Holdsworth. 15514 Larch Street Northwest, stated that he will only need to cut away one limb from the tree. Mr. Holdsworth explained that they do not use the front door because of the location, but stated that it is the only door that the ramp could be built from. He stated that they due foster care for a girl v.ith brain damage and that she is getting too big to carry and need to use a wheelchair to get her in and out of the house. ) Chairperson Squires stated that as he understands it the deck/ramp would be located 26 feet from the road, and questioned if there were any plans to widen Larch Street. Mr. Hinzman stated that there were no plans at this time and doesn't predict any for the future. Commissioner Hedin questioned if building the deck/ramp on the side door was feasible and if so would it require a variance. Mr. Hinzman stated that he doesn't believe so. Mr. Holdsworth stated that if the deck/ramp was built on the side door it would come all the way across the driveway and if it was built to the back of the house it would go all the way to the garage. Commissioner Hedin questioned building the ramp towards the front of the house from the side door. Mr. Holdsworth stated that there is a fire escape window from the basement bedroom. Commissioner Hedin questioned if the bedroom is still being used. Mr. Holdsworth stated yes. Commissioner Hedin questioned if Mr. Holdsworth had talked to architects to see if they could design a deck/ramp from the side door to the front of the house and avoid the window. Mr. Holdsworth stated that he had not talked to architects at this time. Commissioner Dalien questioned how the property lines up with neighboring properties. Mr. Holdsworth stated that his property is set more north than his neighbors, but noted that it was approved to be built in that location. . " -,_~I r) \- Regular Andover Planning and Zoning Commission Meeting Minutes - April 27, 1999 Page 7 (J _J Commissioner Falk questioned if there was a back door that could be used instead. Mr. Holdsworth stated that he originally looked into the back door as an option but explained that it would extend into the driveway two to three feet and block partial use of the garage. He explained that he would have preferred using the back door, but stated that it is not feasible. Commissioner Hedin asked if the neighbors were notified of the proposed deck/ramp. Mr. Hinzman explained that under the current Ordinance there is no public hearing required. Commissioner Falk stated that he don't see a problems with the proposed location of the deck/ramp. Commissioner Hedin stated that he would like to have an architect look at all options and state that the front door was the only feasible option. Commission Apel responded that he felt that would be micro managing to require architects for minor variance requests. Motion by Apel, seconded by Falk, to recommend to the City Council approval to the City Council of said request finding that the request meets the conditions established in Ordinance No.8 Section 5.04. Motion carried on a 4-ayes, O-nays, 2-absent (Daninger, Jovanovich), and I-present (Hedin) vote. \ DISCUSSION: THERAPEUTIC MASAGE AS A HOME OCCUPATION Mr. Hinzman explained that at the April 20, 1999 City Council meeting, Cindy McKee (Body Image Therapeutic Massage) approached the Council to request if they would be interested in amending the Zoning Ordinance to allow therapeutic massage to be conducted in a residential zoned district. Mr. Hinzman explained that the current ordinance allows the therapist to have an office type setting in the home, however the practice of massage therapy must be conducted away from their home. The therapist is required to be licensed by the City. Mr. Hinzman explained that the City Council has directed the Planning and Zoning Commission to review the ordinance and make a recommendation. Staff recently contacted approximately thirty metropolitan communities to find out how they regulated massage therapy in residential zoned districts. The results were 10 - not permitted, 12 - permitted, and 9 - permitted by conditional use. Commissioner Apel stated that he thinks there is not much to discuss at this time until the other Commissioners can review all the information that has been presented in the past and discussions that have previously taken place regarding the matter. The Commission discussed the current Home Occupation requirements. , , Cindy McKee. Bodv Image Therapeutic Message, stated that the Commission is welcome to come to her home if they think that would help. . , r- '\ \.J C) Regular Andover Planning and Zoning Commission Meeting Minutes - April 27, 1999 Page 8 Chairperson Squires suggested coming back with a specific list of Ordinance changes that would be required for the May 11 th meeting. Mr. Hinzman stated that he would do some research as to what discussions took place at the previous meetings. OTHER BUSINESS Mr. Hinzman updated the Commission on action the City Council has taken. ADJOURNMENT Motion by Apel, seconded by Hedin, to adjourn. Motion carried on a 5-ayes, O-nays, 2-absent (Daninger, Jovanovich) vote. Meeting adjourned at 8:05 p.m. r \ - / Respectfully submitted, 1) ~ ~~'(\ u.. U\.,vtri Nanci Libor, Recording Secretary TimeSaver Off Site Secretarial, Inc. , , )