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HomeMy WebLinkAboutMay 25, 1999 u ~ o o o CITY of ANDOVER PLANNING AND ZONING COMMISSION MEETING - MAY 25,1999 MINUTES The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Maynard Apel on May 25, 1999, 7:06 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Larry Dalien, Dean Daninger, Douglas Falk, Mark Hedin (arrived at 7:14 p.m.), Bev Jovanovich, and Jay Squires Maynard Apel City Planner, John Hinzman Zoning Administrator, Jeff Johnson Commissioners absent: Also present: APPROVAL OF MINUTES. May 11, 1999 Commissioner Jovanovich noted that on Page 5 in the 3rd paragraph it should be changed from "he is in support" to "~he is in support."_ Motion by Daninger, seconded by Jovanovich, the Minutes be approved as amended. Motion carried on a 5-ayes, O-nays, 2-absent (Apel and Hedin), and I-present (Falk) vote. PUBLIC HEARING: LOT SPLIT/VARIANCE (L.S. 99-02) - 2326 (2318) UPLANDER DRIVE NORTHWEST - DA VID PEARSON. Mr. Hinzman stated that the Planning and Zoning Commission is asked to review the lot split and variance request of David Pearson to split the northwestern 24 feet (approximately 5,280 s.f.) from a 17,900 s.f. parcel located at 2318 Uplander Drive Northwest legally described as Lot 5, Block 1, Shady Knoll Addition (PIN 27-32-24-33-0009). Mr. Hinzman explained that a variance is requested to the minimum lot size requirements of Ordinance 8, Section 6.02 for the remnant parcel. A covenant would be filed to combine the split parcel with Lot 4 adjacent to the northwest (2326 Uplander Drive Northwest) so that it could not be sold separately. The property is zoned R-4, Single Family Urban. Mr. Hinzman stated that the applicable ordinances are: (~ 0 Regular Andover Planning and Zoning Commission Meeting Minutes - May 25, 1999 Page 2 , ) Ordinance 40 regulates the division of lots. A lot split is defined as any division of a lot, 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. Ordinance 8, Section 5.04 establishes the variance procedure. Practical difficulties or unnecessary hardships in any way of carrying out the strict letter of the ordinance provisions must be present in granting a variance. Economic considerations shall not constitute an undue hardship. 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-4 district are as follows: . Lot Width at Front Setback . Lot Depth . Lot Area per Dwelling - 80 feet - 130 feet - 11,400 s.f. Mr. Hinzman explained that until recently Lot 5 contained a garage and was held in common ownership with Lot 4. The garage has been removed and property sold. The owners of Lot 4 wish to retain a 24 foot strip containing a fence and landscaping. -' Mr. Hinzman noted that the variance minimum size requirement is for the 24' remnant parcel. A covenant would be filed to combine the remnant parcel and Lot 4 so that they could not be sold separately. Lots 4 and 5 would meet the minimum size requirements of Ordinance 8, Section 6.02 upon execution of the lot split and covenant. The temporary nature of the variance and undue hardship created by replatting to rearrange property lines have been recognized as acceptable hardship criteria in the past. . '\ Motion by Jovanovich, seconded by Dalien, to open the public hearing. Motion carried on a 5-ayes, O-nays, 2-absent (Apel and Hedin) vote. There was no public input. Motion by Falk, seconded by Jovanovich, to close the public hearing. Motion carried on a 5-ayes, 0- nays, 2-absent (Apel and Hedin) vote. Motion by Jovanovich, seconded by Daninger, to recommend to the City Council approval of the lot split and variance request in the form of the resolution finding the request meets the requirements of Ordinances No.8 and 40. Motion carried on a 5-ayes, O-nays, 2-absent (Apel and Hedin) vote. VARIANCE (VAR 99-06) - PORCH ENCROACHING INTO THE REARYARD SETBACK - 13364 MARIGOLD COURT NW - JULIE A. AND GARY A. LAFINE. , , / (J 0 Regular Andover Planning and Zoning Commission Meeting Minutes - May 25, 1999 Page 3 Mr. Johnson explained that the Planning and Zoning Commission is asked to review the variance request of Gary and Julie LaFine to allow for the construction and placement of a porch that will encroach into the rearyard setback on the property located at 13364 Marigold Court West, legally described as Lot 4, Block 5, Woodland Terrace Fourth Addition. The property is zoned R-4, Single Family Urban. Mr. Johnson stated that the applicable ordinances are: Ordinance No.8, Section 6.02 requires a thirty foot rearyard 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. Commissioner Hedin arrived at 7:14 p.m. \ .J Mr. Johnson explained that the applicant is requesting to construct a three season porch that will encroach nine feet into the rearyard setback. The single- fa:nily home was constructed in 1988 and was constructed in close proximity to the thhty foot rearyard setback. The City passed an ordinance amendment to the Zoning Ordinance (9/15/92) that required the builder to provide (at a minimum) a five foot separation from the setback line for deck/porch access. Mr. Johnson stated that the Zoning Ordinance Review Task Force has reviewed porches and decks and has recommended that the ordinance be changed to allow these types of structures to encroach up to ten feet into any rearyard setback. Mr. Johnson explained that as stated in the application, the applicant has difficulties to construct a porch of an adequate size and comply with the setback requirements because the home was constructed within close proximity to the thirty foot rearyard setback from the property line. Commissioner Jovanovich questioned if their property is close to Woodland Terrace Park. Mr. Johnson reviewed the views from the lot and noted that there is an outlot behind the house. Mr. LaFine stated that there are two lots between their house and Woodland Terrace Park. Chairperson Squires questioned if the outlot is buildable for any type of purpose. Mr. Johnson stated that the majority of the outlot is wetland. Commissioner Dalien stated that it is used for runoff and is owned by the City. Ms. LaFine stated that all of their neighbors signed a form stating that they would not mind if the porch was built which she presented to the Commission. \ ) Regular Andover Planning(--dd Zoning Commission Meeting () Minutes - May 25, 1999 Page 4 \ ) Motion by Daninger, 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 6-ayes, a-nays, I-absent (Apel) vote. ORDlANNACE REVIEW Ordinance No. 99 - Mr. Johnson explained that the purpose of this ordinance is to protect the public health, safety and welfare of citizens of the City who have as their place of abode a living unit furnished to them for the payment of a rental charge to another. This ordinance is the initial step in the City's effort to provide a complete housing maintenance code. He noted that inspections are conducted by the building department once every two years. Chairperson Squires questioned if the building department had reviewed the ordinance. Mr. Johnson stated yes. Commissioner Dalien questioned on Page 2 under section 6 subdivision 2 why the counties listed where selected. Mr. Johnson stated that it should be revised and he didn't think it was necessary to list only a few counties. Commissioner Dalien questioned Section IS on Page 5 if building officials really have the authority to inspect the property at ,"viII. Mr. Johnson stated that they are obligated to inspect the property if .J there is just cause to do so noting that there has been 110 problems in the past with getting permission to inspect properties. Mr. Johnson stated that he will look into the wording of Section IS. Chairperson Squires suggest having the City Attorney review Section IS to determine what exactly the City's authority is. Ordinance No. lOa - Mr. Johnson explained that this IS an ordinance establishing a housing maintenance code for the City of Andover. Ordinance No. 101 - Mr. Johnson explained that this is an ordinance providing for the deferral of special assessments for senior citizens and retired disabled homeowners. Commissioner Falk questioned if the $18,000 is set by the City. Mr. Johnson explained that it is set by City Council on an annual basis. Chairperson Squires suggested reviewing Section I with the City Attorney to verify the provision and State laws. OTHER BUSINESS Mr. Hinzman updated the Commission on City Council business. ! ) 'J Regular Andover Planning and Zoning Commission Meeting Minutes - May 25, 1999 Page 5 ,) \..' -" Commissioner Hedin stated that he watched a news story about private citizens owning exotic animals and they had stated that an Andover resident owns a Siberian tiger. He questioned if there is any ordinance prohibiting this. Mr. Johnson stated that there is an ordinance that prohibits owning exotic animals. ADJOURNMENT/ Motion by Daninger, seconded by Jovanovich, to adjourn. Motion carried on a 6-ayes, O-nays, 1- absent (Apel) vote. Meeting adjourned at 7:36 p.m. Respectfully submitted, Nanci Libor, Recording Secretary TimeSaver Off Site Secretarial, Inc. J "