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HomeMy WebLinkAboutMarch 24, 1998 o o ("i '-.../ (J u CITY of ANDOVER PLANNING AND ZONING COMMISSION MEETING - MARCH 24, 1998 MINUTES The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was called.to order by Chairperson Jay Squires on March 24, 1998,7:34 p.m. at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Commissioners absent: Also present: Maynard Apel, Jeff Luedtke, Randy Peek, Lorna Wells Lynette Barry, Mike Gamache City Planning, Jeff Johnson Others APPROVAL OF MINUTES February 24, 1998: Correct as written. Motion by Luedtke, Seconded by Wells, to approve the Minutes. Motion carried on as-Yes, 2- Absent (Barry, Gamache) vote. REVISED SKETCH PLAN - SECTION 3 - DA VIS HARRIS Mr. Johnson stated the ownership of the property has changed hands and the developer has requested the item be tabled. The new owner will be coming in with a new sketch plan in the future. Motion by Apel, Seconded by Luedtke, to table this pursuant to a new sketch plan and owner. Motion carried on as-Yes, 2-Absent (Barry, Gamache) vote. V ARlANCE: REAR YARD SETBACK -14187 DRAKE STREET NW - CONTRACT PROPERTY DEVELOPERS COMPANY Mr. Johnson reviewed the variance request of Contract Property Developers Company to allow the construction of a principal structure to encroach 7.23 feet into the required 3D-foot rear yard setback at 14187 Drake Street NW, Lot 18, Block 4, Foxberry Farms. The noted the applicable ordinances and explained the City Council granted a variance for the 130-foot lot depth requirement when the subdivision was approved for final plat. The lot abuts the subdivision ofJonathan Woods, and there is a house behind the lot. \ i , / u Regular Andover Planning and Zoning Commission Meeting Minutes -March 24, 1998 Page 2 (Variance: Rear Yard Setback, 14187 Drake Street NW, Continued) Commissioner Peek stated the fact that the City granted a variance to the depth of the lot implieswhen the lot was developed, there would be some forgiveness in terms of the set back. Based on that, he would support the variance. Commissioner Luedtke noted the floor plan shows a door in the back of the house on the second floor. Will they come back for a variance to add on a deck? Mr. Johnson stated he would recommend the door be changed to a bay window. The variance should have a restriction that the patio door and possible future deck would be to the side of the house rather than to the rear. The neighboring house is already constructed and has a deck to the rear, so he is comfortable with the recommendation for a side deck. Motion by Peek, Seconded by Wells, to forward the Staff prepared resolution to the City Council with the recommendation for approval. Motion canied on a 5-Yes, 2-Absent (Barry, Gamache) vote. This will be on the April 7, 1998, City Council agenda. VARIANCE: REAR YARD SETBACK -14190 DRAKE STREET NW - CONTRACT PROPERTY DEVELOPERS COMPANY / Mr. Johnson reviewed the variance request of Contract Property Developers Company to allow the construction ofa principal structure to encroach 7.22 feet into the required 3D-foot rear yard setback at 14190 Drake Street NW, Lot 15, Block 4, Foxberry Farms. He noted the applicable ordinances and explained this lot was also granted a variance to the lot depth when the final plat was approved. The Commission noted the request is similar to the previous item. They suggested the layout of the house be flipped to adjust for a future deck. Motion by Peek, Seconded by Wells, to forward the Staff prepared Resolution on to the City Council with the recommendation for approval with a caution to the Building Department when the final site plan is reviewed that the location of the house be adjusted to accommodate a side deck. Motion canied on a 5-Yes, 2-Absent (Bany, Gamache) vote. This will be on the April 7 City Council agenda. VARIANCE: CONSTRUCT GARAGE ADDITION TO A NON-CONFORMING STRUCTURE ENCROACHING INTO THE REQUIRED SIDE YARD SETBACK - 206 ANDOVER BOULEVARD NW - LYLE JOHNSON Mr. Johnson reviewed the variance request of Lyle Johnson to construct a garage addition that will encroach 8.8 feet into the required lO-foot side yard setback at 206 Andover Boulevard NW. The property is zoned R-l, Single-Family Rural. The house was constructed in 1946, which is prior to the adoption of the Zoning Ordinance. According to the Building Department files, the only alteration that has been made to the principal structure was in 1980 when a family room was added. The existing breezeway and garage will be razed to construct a new attached garage to the house on the same foundation. , \. ' ') \..J I Regular Andover Planning and Zoning Commission Meeting Minutes - March 24, 1998 Page 3 (Variance: Construct Garage Addition to a Nonconforming Structure Encroaching into the Required Side Yard Setback, 206 Andover Boulevard - Lyle Johnson, Continued) A contractor and friend of Mr. Johnson stated the drawing of the breezeway and single-stall garage are to scale. Both are in poor condition. This will improve the value of the property substantially. Both homeowners on either side feel the same way and are in favor of this. Lyle Johnson 206 Andover Boulevard - presented a letter from Karen Teanson, 222 Andover Boulevard, which expressed support for the proposal. His lot is 107 feet wide and 1285 feet deep, about three acres. The house is skewed, not parallel to the property owner. The comer of the garage is 1.8 feet from the property line. Motion by Apel, Seconded by Luedtke, to forward to the City Council the Resolution as prepar~d by Staffand recommend that they approve it. DISCUSSION: Commissioner Peek asked if there is any other possible location for the garage. , Mr Johnson - stated he talked to several people from the planning board. They wouldn't let him incorporate another driveway on the east end because of the road access. Another possibility was to go around the front of the house to the back, but that interferes with the drainfield in the front yard. It wouldn't gain anything to build a smaller garage. They were going to remodel the breezeway but found the window to be costly. The existing garage is only one stall, and they are running out of room. So the breezeway will be incorporated into the garage, but they will have to change the roof line of the structure. Commissioner Peek stated this is legally existing nonconforming; and by granting this variance, it becomes legally existing. Chairperson Squires felt the last paragraph of the Resolution needs to be rewritten, as the variance should be to Section 4.03 which prohibits structural - changes to nonconforming structures. Commissioner Apel stated there are plenty of houses in the City that have been made conforming by the granting of variances. He called the vote. ) Motion carried on a 3-Yes (Apel, Luedtke, Peek); 2-No (Squires, Wells), 2-Absent (Kieffer, LindaW) vote. This will be on the April 7, 1998, City Council agenda. A friend of Mr. Johnson stated he is before the Commission as a personal favor. He is a general contractor in cities throughout Minnesota, and when they are done with this remodeling, it will remain a nonconforming structure. They are not trying to make it legal. He suggested the Resolution be reworded. The Commission explained the Resolution grants the variance to the side yard setback so it becomes conforming. There is some disagreement among the Commission on that issue, and the City Council will need to address it '. \ \. ./ , -j Regular Andover Planning and Zoning Commission Meeting Minutes -March 24, 1998 Page 4 OTHER BUSINESS Mr. Johnson updated the Commission on the actions take by the City Council at its March 17 meeting. Motion by Apel, Seconded by Wells, to adjourn. Motion carried on a 5-Yes, 2-Absent (Barry, Gamache) vote. The meeting was adjourned at 8:04 p.m. \~::::~J. Marcella A. Peach Recording Secretary ,