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HomeMy WebLinkAboutJune 26, 2007 ~ 1-?-tf - (:)7 0 PLANNING AND ZONING COMMISSION MEETING - JUNE 26,2007 The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Daninger on June 26, 2007, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Chairperson Daninger, Commissioners Tim Kirchoff, Michael Casey, Valerie Holthus, Devon Walton, Douglas Falk and Dennis Cleveland. Commissioners absent: There were none. Also present: City Plarmer, Courtney Bednarz Associate Plarmer, Andy Cross C Associate Plarmer, Chris Vrchota Others APPROVAL OF MINUTES. May 8, 2007 Motion by Casey, seconded by Kirchoff, to approve the minutes as presented. Motion carried on a 7-ayes, O-nays, O-absent vote. PUBLIC HEARING: LOT SPLIT (07-02) TO CREATE A NEW RURAL RESIDENTIAL PARCEL FROM PROPERTY LOCATED AT 16090 MAKAH STREET NW. Mr. Bednarz stated the applicant is proposing to split the subject property. Commissioner Kirchoff stated the cul-de-sac and easements are used to calculate the requirements for the size of the lots but when a person comes in for a building permit later on, will it affect the size of the lot. Mr. Bednarz indicated a building permit would not affect this situation. 0 Regular Andover Planning and Zoning Commission Meeting Minutes - June 26, 2007 0 Page 2 Commissioner Cleveland asked if the drainage problem on 160th affect this property or the neighboring properties on the north and south side. Mr. Bednarz stated it was his understanding it was more of an issue to the properties to the west and primarily property to the south and west. Commissioner Cleveland wondered if the drainage pond will eliminate that. Mr. Bednarz indicated it would. Motion by Walton, seconded by Casey, to open the public hearing at 7:05 p.m. Motion carried on a 7 -ayes, O-nays, O-absent vote. No one wished to address the Commission. Motion by Walton, seconded by Kirchoff, to close the public hearing at 7:06 p.m. Motion carried on a 7 -ayes, O-nays, O-absent vote. Commissioner Falk wondered if by putting in the cul-de-sac on the one parcel did it affect the size of the parcel. Mr. Bednarz indicated it did not. Motion by Walton, seconded by Casey, to recommend to the City Council approval of the proposed lot split. Motion carried on a 7-ayes, O-nays, O-absent vote. C Mr. Bednarz stated that this item would be before the Council at the July 3, 2007 City Council meeting. PUBLIC HEARING: VARIANCE (07-01) TO VARY FROM SIDE YARD SETBACK REQUIREMENTS FOR PROPERTY LOCATED AT 15924 XEON STREET NW. Mr. Bednarz explained the applicant is seeking approval of a variance to allow a deck to be constructed in the side yard or their comer lot. Mr. Bednarz discussed the staff report with the Commission. Commissioner Walton wondered if they have seen issues like this with special use decks on the sides of homes. Mr. Bednarz stated they have seen requests like this in the past. Motion by Falk, seconded by Kirchoff, to open the public hearing at 7:12 p.m. Motion carried on a 7 -ayes, O-nays, O-absent vote. Mr. Michael Tupy and Mrs. Beth Tupy, 15924 Xeon Street, stated when they purchased the property in August 2006, one of the features they looked at was the 16 foot ledger board along with the door going out the side of the house and it implies to them that a deck could be constructed at that location and they are asking for the Commission 0 support on this. He stated when they approached the Building Department they talked about it being an aesthetics issue with the twenty-five foot setback and they have support of their neighbors to have a deck put on the home. He stated the character of the deck Regular Andover Planning and Zoning Commission Meeting Minutes - June 26, 2007 0 Page 3 would be a cedar deck, similar to others in the neighborhood. He stated they want this for their family to be used as useable space. Commissioner Walton asked if the twelve foot the full deck width or would it be fourteen foot wide with a two foot overhang. Mr. Tupy indicated it would be twelve feet with the footings at the edge of the deck. Motion by Walton, seconded by Casey, to close the public hearing at 7:15 p.m. Motion carried on a 7-ayes, O-nays, O-absent vote. Commissioner Walton thought this was a prime example why they need to ghost plat the decks in the future. Chairperson Daninger concurred. Commissioner Holthus indicated she went out and looked at the house and they had considered the option to run a small walkway along the side of the house to the back yard but there is also an issue with setbacks in the back yard which may also be another hardship as well and she would be for granting the variance. Motion by Walton, seconded by Casey, to recommend approval of the variance to vary from side yard setback requirements for property located at 15924 Xeon Street NW. 0 Motion carried on a 7-ayes, O-nays, O-absent vote. Mr. Bednarz stated that this item would be before the Council at the July 3, 2007 City Council meeting. PUBLIC HEARING: CONDITIONAL USE PERMIT AMENDMENT (06-09) TO EXTEND MINING PERMIT FOR PROPERTY LOCATED AT 16689 HANSON BOULEVARD NW. Mr. Bednarz stated the applicant is requesting an extension of the mining permit that was initially issued in 1989. The permit was previously extended in 1991, 1996 and 2001. At this time the applicant is requesting that the permit be extended for two additional years. Mr. Bednarz discussed the staff report with the Commission. It was noted the applicant was not at the meeting. Chairperson Daninger asked if the applicant was notified that this would be on this evenings agenda. Mr. Bednarz indicated they were. Commissioner Kirchoff asked if anyone gets credit for the wetlands. Mr. Bednarz stated they could potentially be for the property owner. 0 Commissioner Falk asked in the grading plan if the staff report is referring to the second pond. Mr. Bednarz indicated it was. He showed an aerial of the property. Regular Andover Planning and Zoning Commission Meeting Minutes -June 26,2007 0 Page 4 Commissioner Walton asked if with the additional traffic on Hanson Boulevard, did they have any transportation concerns in or out of this site. Mr. Bednarz explained it has not been an issue in the past. He stated it is somewhat infrequent where they are taking material from the site. Commissioner Falk wondered by creating a bigger pond, how will it effect surrounding properties. Mr. Bednarz explained there are not many properties around. He showed the site map showing a few of the residents around the property. Motion by Falk, seconded by Kirkoff, to open the public hearing at 7:23 p.m. Motion carried on a 7 -ayes, O-nays, O-absent vote. Mr. Byron Westlund asked if there is an amendment to the plan will this need to go back to the Lower Rum River Watershed District for approval. Mr. Bednarz stated they would. Mr. James Selmer, 17000 Ward Lake Drive, asked if this is the black dirt being taken out to create a larger pond. Mr. Bednarz indicated that was correct. Mr. Selmer asked how big the pond will get. Chairperson Daninger explained there was a map showing the size 0 of the pond. Motion by Walton, seconded by Kirchoff, to close the public hearing at 7:25 p.m. Motion carried on a 7 -ayes, O-nays, O-absent vote. Commissioner Falk wondered if they needed to add a clause regarding the applicant needing to get a permit from the Watershed District. Mr. Bednarz explained it is actually in item five. Chairperson Daninger stated he was here in 2001 when this was extended and he has some concerns with this. Right now the pond is already larger than what the permit says and they have already has extended the permit several times and he wondered when the mining activity will end. He stated he was going to vote against this because of those concerns. Commissioner Walton asked if the customary time for a CUP is one year and then it is reviewed to see if it will be approved or extended again. Mr. Bednarz explained that was not necessarily the case. The City determines how long a CUP can run and this one has been 5 years in the past. Commissioner Walton asked if there was a requirement for signage on Hanson Boulevard because he did not recall seeing truck delivery signs along Hanson Boulevard and traffic 0 goes very fast north of 161 st and he thought they were setting themselves up for a potential mishap in the future if this were allowed to continue. Commissioner Cleveland stated he drove along there today and there were not any signs up. Mr. Bednarz indicated Regular Andover Planning and Zoning Commission Meeting Minutes-June 26,2007 0 Page 5 signs are only required when they are hauling. Commissioner Walton wondered if they could get signs posted permanently for while the mining is allowed on the parcel. Commissioner Kirchoff did not think that would be wise because after time people do not see permanent signs and may be more of a hazard. Commissioner Walton thought that was a good point. Mr. Bednarz indicated they can make sure signs are posted while they are hauling. Commissioner Walton wondered if they could amend the resolution, if approved, to one year instead of two. Mr. Bednarz indicated they could. Commissioner Holthus wondered if the CUP extension is not granted what happens to the size of the ponds. Mr. Bednarz stated if the permit is denied, they will be asking the applicant to restore the property to the previously approved grading plan. Commissioner Holthus wondered how that was enforced. Mr. Bednarz explained the course of action they will take. Cominissioner Cleveland wondered if the shape of the pond has to do with where the black dirt is located because it does not look like the grading plan. Mr. Bednarz tended to agree that the aerial photograph did not look like the grading plan submitted and there 0 would need to be some modification in the area to meet the proposed plan. Commissioner Kirchoff asked how much over they exceeded their mining of the area. Mr. Bednarz stated it was difficult to put a number on it but he guessed the second pond was twice the size of the previously approved grading plan. Commissioner Walton wondered if they could table this item until they would be able to get the applicant before them. The Commission indicated they did not have a problem with tabling this. Motion by Walton, seconded by Casey, to table this item until July 10, 2007 to allow the applicant to be present for questions. Chairperson Daninger indicated he would like the applicant to be ready with answers to their questions brought up at this meeting. Motion carried on a 7-ayes, O-nays, O-absent vote. Mr. Bednarz indicated this item will be brought back to the July 10, 2007 meeting. PUBLIC HEARING: REZONING (07-01) TO CHANGE THE ZONING 0 DESIGNATION FROM SINGLE FAMILY RURAL RESIDENTIAL (R-1) TO SINGLE FAMILY URBAN RESIDENTIAL (R-4) FOR OUTLOTS A, BAND C OF WOODLAND ESTATES SECOND ADDITION. Regular Andover Planning and Zoning Commission Meeting Minutes-June 26,2007 Page 6 Mr. Bednarz explained the Planning Commission is asked to review the proposed rezoning to allow the Woodland Estates 3rd Addition to move forward. Mr. Bednarz discussed the staff report with the Commission. Commissioner Falk asked in the future, if this development expands will there be emergency access through Veterans Memorial. Mr. Bednarz indicated the street would connect if the development were expanded in the future. Motion by Casey, seconded by Walton, to open the public hearing at 7:42 p.m. Motion carried on a 7 -ayes, O-nays, O-absent vote. Ms. Carol McCormick, 15172 Uplander Street NW, stated having seen the development in the community, she was noticing a variance in what the allowances were for where houses would be placed on lots once developed fully. She wondered how far back from the street a house must be placed. Mr. Bednarz stated the setback from the property line minimum is thirty-five feet and additionally there is a boulevard area from the property line to the curb that is typically about 13 Yz feet. 0 Ms. McCormick asked if the cul-de-sac will be placed past the last set of homes. Mr. Bednarz indicated that was correct. Ms. McCormick asked when the developer is authorized to develop the land and get it ready for construction. Mr. Bednarz indicated after the preliminary plat is approved the developer has a grading plan pre-construction meeting with staff and the utility companies and then after that point work should be able to begin. Ms. McCormick indicated work has already begun. She also wondered what the retaining wall will look like. 1111'S. IUi..s. ~(f.l... Ms. ClY:.i.~ W""""> 2358 151 st Avenue, stated she will be happy to see this addition develop because over the years they have seen people shoot potato guns and fire works there and they have released their newly caged rabbits and squirrels. She stated she . would rather see homes there than what she has seen. ~ 1-2.}~67 Commissioner Walton wondered what the width and depth was oflot 1, block 2. Mr. Byron Westlund, developer, showed a layout of the proposed development and stated it was roughly 130 feet from lot comer to lot comer across the front and 40 feet in the back yard at the end of the triangle piece. He noted the pad does meet the City ordinance and the new one with the additional 110 foot requirement. Commissioner Walton asked if a house plan would fit on the lot. Mr. Westlund indicated 0 the grading plan shows a full basement lot and he did not have the house designed at this time. Regular Andover Planning and Zoning Commission Meeting Minutes - June 26, 2007 Q Page 7 Commissioner Walton stated that lot concerns him a lot. His concern is there is not a side yard in order to put a deck on the house, many of the houses in this development have decks. They will also run into some issues on this lot and it concerns him. Mr. Westlund indicated they could provide a drawing with the house plans during the final plat. Commissioner Walton wondered what the timetable was for the continuation through Veterans Memorial. Mr. Westlund indicated part of the reason this was not being continued as part of that is because it is in the Rural and Agricultural Preserve and does not come out until 2010. Chairperson Daninger asked for an explanation of the retaining wall. Mr. Westlund stated this would be a continuous retaining wall made out of keystone block. He explained the reason for this. Chairperson Daninger wondered what the intent was to move pedestrians on the street. Mr. Westlund stated there was not a staff comment regarding trails but it is a typical street section within the City of Andover. Mr. Bednarz stated the street would be thirty- three feet wide which is the urban standard. He stated the trail is located in Woodland Estates 2nd and 4th up to Veterans Memorial Boulevard 0 Chairperson Daninger asked if they have started developing this. Mr. Westlund stated they have not. He stated with the sixth addition it required a lot of mining. He explained what they were doing now to get the subdivision ready. He stated there are stakes out there to make sure they are not overfilling or under filling areas. Commissioner Walton stated lot 1, block 1 has ajog to it which can create problems in the future with who owns it and he wondered if this can be adjusted. Mr. Westlund stated he would have to look at that. The property to the west of the jog is not theirs so there would be a little remnant of a piece of property that would be adjacent to lot 1, block 4 that would be in limbo if cut off. Ms. McCormick stated living right behind lot five on the east side, the retaining wall is still not clear to her. She wondered if it would be located behind the existing trees toward the front of the lot. Chairperson Daninger stated if they went to the west fifteen feet of the property line would be where the retaining wall is and it would be located on the new lot. Motion by Walton, seconded by Casey, to close the public hearing at 8:02 p.m. Motion carried on a 7-ayes, O-nays, O-absent vote. Commissioner Walton indicated he was still concerned with lot 1, block 1 because of the setbacks and also a concern with lot 1, block 2 and he thought that maybe they can come 0 up with a plan to show what it will look like and there is probably a couple of homes that will work there. Regular Andover Planning and Zoning Commission Meeting Minutes-June 26,2007 0 Page 8 Mr. Westlund stated they do have outlot A on the north end of that lot and he thought they can accommodate it by shifting lot lines down and making Outlot A smaller. He thought this could address their concern. Commissioner Walton was hoping this would be recommended without requiring it. Chairperson Daninger wondered when the street will be in and done once approved. Mr. Westlund stated their goal is to have it done by the end of October. Motion by Walton, seconded by Casey, to recommend approval of the rezoning request changing from Residential R-l to R-4. Motion carried on a 7-ayes, O-nays, O-absent vote. Mr. Bednarz stated that this item would be before the Council at the July 3, 2007 City Council meeting. PUBLIC HEARING: PRELIMINARY PLAT OF WOODLAND ESTATES 3RD ADDITION, A SINGLE FAMILY URBAN RESIDENTIAL DEVELOPMENT CONTAINING THIRTEEN URBAN LOTS LOCATED ON OUTLOTS A, BAND C OF WOODLAND ESTATES SECOND ADDITION. 0 Mr. Bednarz explained the Planning Commission is asked to review the proposed Preliminary Plat of Woodland Estates 3rd Addition. Mr. Bednarz discussed the staff report with the Commission. Motion by Casey, seconded by Walton, to open the public hearing at 7:42 p.m. Motion carried on a 7 -ayes, O-nays, O-absent vote. Opened with previous item. Motion by Walton, seconded by Casey, to close the public hearing at 8:02 p.m. Motion carried on a 7 -ayes, O-nays, O-absent vote. Motion by Walton, seconded by Casey, to recommend approval of the Preliminary Plat for Woodland Estates 3rd Addition with the understanding the applicant will address lot 1, block 2 in terms of widening and see what they will do with lot 1, block 1 to avoid the Jog. Chairperson Daninger stated there is a cul-de-sac and they have had previous discussion talking about safety and unofficially there is not an road through the one end so from the road north there is not an official emergency road but if need be they could set up a perimeter for fire. He wondered if there was any issue with the cul-de-sac variance. 0 Commissioner Walton stated he understood the Chair's concern and agreed but he thought in this particular development since they have Agricultural Preserve land to the Regular Andover Planning and Zoning Commission Meeting Minutes - June 26, 2007 0 Page 9 north which boxes them in, he did not think they had much choice in this development and any alternative basically stymies his development. Motion carried on a 7 -ayes, O-nays, O-absent vote. Mr. Bednarz stated that this item would be before the Council at the July 3, 2007 City Council meeting. PUBLIC HEARING: PRELIMINARY PLAT OF TIMBER TRAILS zm ADDITION, A SINGLE FAMILY RURAL RESIDENTIAL DEVELOPMENT CONTAINING SIX RURAL RESIDENTIAL LOTS LOCATED AT 17700 TULIP STREET NW. Mr. Cross explained this 18-acre property was the subject of an abatement process over the last two years. The house was left abandoned, declared a hazardous structure, and removed under direction from the City Council. The land has been purchased and the new owners have submitted this six-unit preliminary plat. Mr. Cross discussed the staff report with the Commission. 0 Motion by Walton, seconded by Kirchoff, to open the public hearing at 8:14 p.m. Motion carried on a 7 -ayes, O-nays, O-absent vote. Ms. Julie Sidell, 3712 l78th Lane, asked if the road was approved coming from the cul- de-sac out to 158th. Mr. Cross indicated it was. Ms. Sidell asked if they would only be putting in a right hand turn lane coming south on 1 58th but no by-pass for the people turning left into the development. Mr. Cross indicated that was correct. Ms. Sidell indicated that was a concern to her because most people come north on Round Lake Boulevard and the majority of the traffic into the development will be going left, not right into the development and will really back up traffic going into the development along with problems for the neighbors along there. She noted the road does also crest a hill and is hard to see people coming down the road that direction so it would be nice to see a bypass lane on the left side. Mr. Rick Olson, Ruud Land Surveying, stated to address the bypass lane, their site line distance coming out onto Tulip Street meet the County requirements. Ms. Sidell asked who the new developer was. Mr. Olson stated the development is still owned by the original developer but he is in the process of selling pending preliminary and final plat approval. They will be selling to a Summit Development. 0 Ms. Sidell asked if they were still under the same home size as the current developer has. Mr. Olson stated he was given a house plan of the type of home that will be in the Regular Andover Planning and Zoning Commission Meeting Minutes - June 26, 2007 0 Page 10 development. He stated there will be two builders and the homes will start around $400,000 and go up to $600,000. Commissioner Walton asked what the foundation size was of the shown home. Mr. Olson stated the first floor foundation would be 1500 square feet. Motion by Walton, seconded by Casey, to close the public hearing at 8:21 p.m. Motion carried on a 7-ayes, O-nays, O-absent vote. Chairperson Daninger wondered if it mattered who owned the property when they approve the plat. Mr. Cross indicated it would not as long as they had the property owners signature on the application. Chairperson Daninger wondered if there is any mention of the trail in the resolution. Commissioner Kirchoff indicated there is a trail fee listed. Mr. Cross referred to item 2 regarding this. Chairperson Daninger indicated there was nothing listed for screening of this . development from other residents. Commissioner Kirchoff thought if they made this a requirement, the developer would need to do the screening on the existing owners 0 property and he did not think they could require this. Motion by Walton, seconded by Casey, to recommend approval of the preliminary plat subject to the conditions of the attached resolution and request the developer bring forth a plan to assist or talk with the resident across from 177th and to have an answer for Council. Motion carried on a 7 -ayes, O-nays, O-absent vote. Mr. Bednarz stated that this item would be before the Council at the July 3, 2007 City Council meeting. PUBLIC HEARING: ORDINANCE AMENDMENT TO CITY CODE 4-4-3 TO REDUCE THE MAXIMUM ALLOWED GRASS HEIGHT ON URBAN LOTS TO EIGHT INCHES. Mr. Vrchota explained based on input from a number of residents, the City Council has indicated that they would like the maximum allowable height for grass to be lowered from 12 to 8 inches on urban sized lots. Mr. Bednarz discussed the staffreport with the Commission. Commissioner Holthus wondered how many complaints does the City receive each year 0 regarding long grass. Mr. Vrchota thought there were five calls average per each week during the summer, not all of them are violations. Regular Andover Planning and Zoning Commission Meeting Minutes-June 26,2007 0 Page 11 Commissioner Falk asked instead of urban lots, can they say "within the MUSA". Mr. V rchota stated the way this is written it deals with lot size so there are lots outside of the MUSA that are less than one acre. He did not think that wording would work. Motion by Falk, seconded by Kirchoff, to open the public hearing at 8:29 p.m. Motion carried on a 7 -ayes, O-nays, O-absent vote. Ms. Sidell stated she has a concern with this because the ordinance only covers urban lots and they have a neighbor that does not maintain their yard outside of the fence line. She stated she has contacted staff several times regarding this and she would like to see more responsibility put on the homeowner. She thought an 8 inch height would be a lot more controllable than 12 inches. She stated she is a rural lot and she would like to see this in all platted subdivisions. Commissioner Holthus wondered what the standard was for three acre lots. Mr. Vrchota referred to the Resolution indicating this included the entire set of standards. He reviewed the standards with the Commission. Motion by Walton, seconded by Falk, to close the public hearing at 8:33 p.m. Motion carried on a 7-ayes, O-nays, O-absent vote. 0 Commissioner Walton thought that with the advent they are seeing in the housing market, they will see more forclosures and see more new construction homes sit longer with yards not being maintained and it will affect the urban lots along with the outlying lots and he wondered if they should make this going to 8 inches for more residents then just urban. He thought they should model this after what Anoka does. Commissioner Kirchoff stated he would not support what the other cities in the area does. He stated he would like to stick with and support as it stands. Commissioner Walton stated he did not want this done 6 inches City wide but he would like it dropped from 12 inches to 8 inches for the urban lots also. Chairperson Daninger thought going from 12 inches to 6 inches may be too big of a jump. He asked if there was anything that addressed the residents needs. Mr. Vrchota indicated they did and was in the standards he indicated. Chairperson Daninger asked what the enforcement or penalty would be in the change. Mr. Vrchota stated with lawn mowing they will send a certified letter to the property owner and give them ten days to mow it and if they have not done it within that time the City has an abatement contractor that will come out and mow it and then the City will bill them for the cost and if they do not pay it, it will get assessed to their taxes. 0 Motion by Walton, seconded by Falk, to recommend approval of the proposed changes to the City Code. Motion carried on a 7 -ayes, O-nays, O-absent vote. Regular Andover Planning and Zoning Commission Meeting Minutes - June 26, 2007 C Page 12 Mr. Bednarz stated that this item would be before the Council at the July 3,2007 City Council meeting. OTHER BUSINESS. Mr. Bednarz updated the Planning Commission on related items. '/7- Chairperson Daninger stated 3 ~or 4 years ago there was a development across from City Hall called Clocktower Commons and he wondered where the Clocktower is at. Mr. Bednarz stated they have been in contact with the developer regarding some of the site improvements and their communication back was they would like to wait until the pads were developed. He noted the proposed future restaurant pad would contain a Clocktower and the City is holding a performance bond to ensure it is completed at {. 7 sometime. ~ 1-2 -D Chairperson Daninger thought this should be brought to the Council to see what their feelings are regarding this and see if they would like the Planning Commission help with this. C ADJOURNMENT. Motion by Walton, seconded by Kirchoff, to adjourn the meeting at 8:44 p.m. Motion carried on a 7-ayes, O-nays, O-absent vote. Respectfully Submitted, Sue Osbeck, Recording Secretary TimeSaver Off Site Secretarial, Inc. 0