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HomeMy WebLinkAboutOctober 14, 1997 , ./ u o CITY of ANDOVER Andover Planning and Zoning Commission Meeting Agenda October 14, 1997 Andover City Hall 7:00 p.m. L Call to Order / \ \ . -.I \. ) 2. Approval of Minutes - September 9, 1997 3. Public Hearin~ Continued: Rezoning (REZ 97-08)- NB, Neighborhood Business to M-2, Multiple Family - 26xx 138th Avenue NW - Randi Erickson. 4. Public Hearin~: Special Use Permit (SUP 97-17) - Construct Accessory Structure Exceeding the Height of the Principal Structure - 4360 144th Lane NW - James H. McLean, Jr. 5 . Variance (V AR 97-14) - Construct Addition Encroaching Into Setback from Major Arterial - 1425 Andover Boulevard NW - Thomas Schiebout. 6. Ordinance Review: Ordinance No. 215, Seasonal Weight Restrictions Ordinance No. 236, Agricultural Preserve Ordinance No. 239, Uniform Address System Ordinance No. 242, Waiving Requirements/Emergency Ordinance No. 243, City Council Rules Ordinance No. 245, Burning 7. Other Business 8. Adjournment u u o CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304 . (612) 755-5100 PLANNING AND ZONING COMMISSION MEETING - OCTOBER 14, 1997 MINUTES The Regular Bi-MontWy Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Randy Peek on October 14, 1997, 7:00 p.m. at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Maynard Apel, Lynette Barry, Mike Gamache (arrived at 7:04 p.m.), Jeff Luedtke, Jay Squires, Lorna Wells (arrived at 7:04 p.m.) None City Planning, Jeff Johnson Others Commissioners absent: Also present: APPROVAL OF MINUTES C) September, 1997: Correct as written. Motion by Apel, Seconded by Barry, to accept the Minutes as presented. Motion carried on a 5- Yes, 2-Absent (Gamache, Wells) vote. PUBLIC HEARING CONTINUED: REZONING - NB, NEIGHBORHOOD BUSINESS, TO M- 2, MULTIPLE FAMILY - 26XX 138TH A VENUE NW - RANDI ERICKSON Mr. Johnson requested the Commission table the item to the October 28 meeting to allow Staff to properly notify residents of a Comprehensive Plan amendment to be submitted in conjunction with the application for the rezoning. Motion by Apel, Seconded by Luedtke, to table. Motion carried on a 5- Yes, 2-Absent (Gamache, Wells) vote. (Commissioners Gamache and Wells arrived at this time; 7:04 p.m.) u PUBLIC HEARING: SPECIAL USE PERMIT - CONSTRUCT ACCESSORY STRUCTURE EXCEEDING THE HEIGHT OF THE PRINCIPAL STRUCTURE - 4360 144TH LANE NW- JAMES H. McLEAN, JR. 7:04 p.m. Mr. Johnson reviewed the request of James McLean, Jr., for a Special Use Permit to '- ) , <J '- / Andover Planning and Zoning Commission Meeting Minutes - October 14, 1997 Page 2 (Public Hearing: Special Use Permit - 4360 144th Lane/McLean, Jr., Continued) allow for the construction of a two-story, two-stall garage that will exceed the height of the principal structure at 4360 144th Lane NW, Lot 3, Block 1, Dehn's Second Addition. The property is zoned R-4, Single Family Urban and is approximately .9 acres in size. Mr. Johnson noted the applicable ordinances and criteria to be examined. The principal structure is 16.5 feet above grade. The accessory structure would exceed that height by 3.5 feet, would be placed in the rear yard and would meet all required setbacks. A 220-square foot shed already exists on the property. The Zoning Ordinance allows 75 percent of the livable area ofthe principal structure for the footprint of accessory buildings on the site. They do not have a footprint of the principal structure on file, but Mr. McLean has said the accessory structures will meet that requirement. Commissioner Luedtke asked ifin Staff's opinion the location of the proposed structure would not obstruct the view of the surrounding property. Mr. Johnson stated there are no homes behind Mr. McLean's principal structure. The property immediately south;s zoned M-2. He did not think the proposed structure would obstruct the view of surrounding property. Motion by Luedtke, Seconded by Wells, to open the public hearing. Motion carried unanimously. 7: 13 p.m. , / Patty McNabb 4320 140th Lane NW -lives to the east of the McLeans. Their concern is that the ordinance is in place to regulate property and to ensure its appropriate use. They understand that storage becomes an issue for everyone, and they accumulate things over the years also; however, every so often they have to sort it out and keep their home neat and stay within the regulations. They are concerned with the size of the property. Their neighborhood is dense with most having much less than .9 acres. The land around the McLeans is low, sloped and uneven. The lot to the west is even lower, so a 20-foot structure in the area will look 25 feet because of the grade to the area. She felt it is really inappropriate for the size of the lots and yards in the area. She felt there are alternatives for storage and still stay within the regulations. She also felt the proposed structure would be an obstruction for them. Michael McNabb - felt the structure of that size being built so close to them could lower their property value. It will block the view of the area, as now they can look out where there is a lot of land and see wildlife. This will block that view. He is opposed to the request. Jim McLean 4360 144th Lane - wants to construct the building to be able to store things inside which he is not able to do now and to use the property in a reasonable way. The grade will be leveled to place the building at the same grade as the house, so the roof will only be 3.5 feet above the house roof. The house is a rambler, and most neighbors could construct this same building without needing a Special Use Permit. He did not believe the building will obstruct the neighbors' view because of the existing trees toward Highway 7. There are no trees behind him, and he would be removing only i one tree for this building. The structure will blend in with the colors of the existing structure and will be placed where the other accessory building is placed. The NSP property is to the south; and \. J \ \-..J / Andover Planning and Zoning Commission Meeting Minutes - October 14, 1997 Page 3 (Public Hearing: Special Use Permit - 4360 144th Lane/McLean, Jr., Continued) they have assured him there will be no construction of residential units on that property. If anything is constructed, they have said it will be industrial. He has an outside storage shed now; but he would like a bigger building for storage, his shop and for an outside office. He married two years ago in which two full households are being combined. He felt the building will raise the surrounding property values, not lower it. Mr. McLean then answered questions from the Commission, noting the proposed structure would be centered behind the house, that the existing 12x20-foot accessory structure would be removed, that a smaller driveway coming from the current driveway would be used as an access in the distant future, that the doors of the building would be changed to one 10- or 12-foot garage door with a pedestrian door on the side, that the septic system is in the front yard and the well is directly behind the house about 75 to 80 feet from the proposed location of the structure, that the septic system has been serviced regularly but not upgraded, that no bedrooms have been added to the house, and that bathroom facilities would be added to the building only if and when municipal sewer is available. Marlys Muchlbauer McLean 4360 144th Lane - has owned the property since 1980. The house structure is 1200 square feet without the attached 24x24-foot garage. She felt Andover has some i good codes regulating the square footage and accessory buildings and that all these things should be taken into consideration before allowing the Permit. She did have some concerns with the way Mr. Johnson handled their questions and request, and she detailed the events that took place since last spring when her husband came to City Hall to inquire about the square footage allowed on an accessory building. Apparently Mr. Johnson gave her husband false information that the size of the accessory building could be 75 percent of both the house and the attached garage. She then came to City Hail and inquired about the size of the accessory structu:-e. She really is not in favor of this building as proposed, but what happened last Thursday really bothers her. Mr. Johnson and another Staff member came out to measure the house. They hastily measured the house and she talked to them about the location of the neighbor's outbuilding. Mr. Johnson went back to the office, called her back, and argued about how far from the property line the neighbor's outbuilding is located. He insisted there was 57 feet between the neighbor's garage and her property line. After arguing for awhile, she asked Mr. Johnson to come back out to measure it. After doing so, he found that the neighbor's garage is just 17 feet from the property line. She questioned if there is a system of checks and balances to be sure the measurements are correct, as Mr. Johnson's hasty measurement incorrectly found the house to be 1450 square feet. Many things could be pushed through with such inaccurate information. If this is approved, Ms. McLean suggested the building be located as close to her west lot line as the neighbor's because of the natural slope and low elevation. That would probably make it more palatable for the McNabbs as well. At first they were told a variance was needed for this garage; then it was changed to a Special Use Permit. Now she would like to know how to apply to have the building placed as close to the lot line as her neighbor's. She wants the same consideration. / Mr. Johnson explained Mr. McLean was not given false information. The height of the principal I.._j \.J , / Andover Planning and Zoning Commission Meeting Minutes - October 14, 1997 Page 4 (Public Hearing: Special Use Permit - 4360 144th LanelMcLean, Jr., Continued) structure came from the application, and it is the Building Department's responsibility to determine its size. That must still be verified. The neighbors to the west constructed an accessory structure which was approved by the Building Department in error, as it is in the NSP easement. The survey in the Building Department files did not show that easement, so the building permit was issued because it met all the other setbacks. The proposed location of Mr. McLean's structure would definitely lie outside ofthat easement. Commissioner Wells also noted that ifNSP has to dig within that easement, the neighbor's structure would have to be moved. Mrs McNabb - didn't think a two-story accessory building and a rambler are complementary. Mr McNabb -. noted if there is any problem with the septic system, the front yard is so small that there would not be enough room for another system. That should be a consideration. He had to add 100 feet to his system which ripped up his entire back yard that is not much larger than the McLean's front yard. Motion by Luedtke, Seconded by Wells, to close the public hearing. Motion carried unanimously. 7:40 p.m. '. J Chairperson Peek stated the applicant implied there may be an office in the accessory building. Mr. Johnson reviewed the requirements to conduct a home occupation from an accessory building, which requires three acres or more. Mr. McLean would be allowed to have an office for personal use. Commissioner Wells was concerned with the implication of extending sewer and water to the structure and its impact on the drain field. Mr. Johnson stated the Building Department would be sure the codes are followed. It would have very little impact on the drain field. The proposal is for a wood frame building with a finish similar to the existing house. Commissioner Wells asked if the roof could be the same as the principal structure. Mr. McLean stated not according to the plans. It would then be a totally different building. Chairperson Peek stated typically accessory structures are one floor. The biggest issue is the height of the structure. The Special Use Permit doesn't address the function of the building other than it is an accessory building that needs to comply with the ordinance. He felt other than trying to locate it in the rear yard, the building will have a minimal impact on the area. He didn't think the ordinance says the structure cannot be visible; and given the setback, there should not be a large impact from the front in terms of scenic view. He didn't think it would even be noticeable from the front of the property. / Commissioner Squires applied the test of whether the building really stands out in such a fashion that it becomes almost one of the main features of the property. He also looks at slopes and trees to mitigate that issue to keep the building in the background. He believed the intent to maintain the integrity of the neighborhood as a residential neighborhood would not be maintained with this large structure as its main feature. There aren't many trees and the land is relatively level, so it would stand out. Commissioner Wells agreed. If the roof style were the same as the house, she could go '- ) \...J , Andover Planning and Zoning Commission Meeting , . Minutes - October 14, 1997 Page 5 (public Hearing: Special Use Permit - 4360 144th Lane/McLean, Jr., Continued) along with it; but as proposed, the building is too big in relation to the size of the house. She also felt there would be a real problem if sewer lines were run to the building. Mr McLean - reiterated there will be no sewer to the building with the current system. That may happen only if City utilities become available. Commissioner Barry agreed the size of the building would mean it would stand out predominantly over the existing structure. Commissioner Gamache noted if the principal structure were two stories, a Special Use Permit wouldn't even be needed. He felt the setback and the slope in relation to the various properties and the road means the building would barely be seen from the front. The building is only three to four feet above the existing house. He would have liked to have seen a layout of just where the building will be placed on the lot. Motion by Gamache, Seconded by Apel, granting the Special Use Permit to allow the construction of an accessory structure, two-story, two-stall detached garage that will exceed the height of the principal structure by 3.5 feet on property located at 4360 l44th Lane NW, the Staff prepared draft Resolution. Motion defeated on a 3-Yes (Apel, Gamache, Peek), 4-No (Barry, Luedtke, Squires, Wells) vote. This will be on the November 4, 1997, City Council agenda. 8:00 p.m. / VARIANCE - CONSTRUCT ADDITION ENCROACHING INTO SETBACK FROM MAJOR ARTERIAL - 1425 ANDOVER BOULEVARD NW - THOMAS SCHIEBOUT Mr. Johnson reviewed the variance request of Thomas Schiebout to construct an addition to the principal structure and an attached garage at 1425 Andover Boulevard NW. The property is zoned R-4, Single Family Urban. The construction will consist of an addition to the front entrance of the principal structure of 4 x 12 feet and an extension to the attached garage of 4 x 23.5 feet that will encroach 22.5 feet into the required 40-foot front yard setback from a major arterial road. A third stall of 12 x 24 feet will also encroach 21.25 feet into that setback. The house was constructed in 1968 prior to the adoption of the Zoning Ordinance. The survPy indicates an 83-foot right of way for Andover Boulevard. Staff has had conversations with the City and county engineers in determining how much right of way should be acquired in the future for the upgrading of Andover Boulevard. The county is basically leaving it up to the City but is suggesting the City plan for 120 feet of right of way, that is 60 feet on either side of the road. Commissioner Squires noted the existing right of way shown on the survey is 66 feet. The City can't force someone to comply with some future line that mayor may not come into existence. His interpretation of the ordinance and based on the survey concludes that Mr. Schiebout doesn't need a vanance. Other Commissioners also understood the ordinance applies to existing right of way, not proposed future easements. Given that, they too agreed that a variance would not be required because the , ) "J \ Andover Planning and Zoning Commission Meeting Minutes - October 14, 1997 Page 6 (Variance - Encroach into Setback - 1425 Andover BoulevardlSchiebout, Continued) additions would be outside of the 40-foot front yard setback frOln a major arterial road. If the right of way ever expands, the structure would then become legally nonconforming. It happens all the time. They suggested the item be researched further and Mr. Schiebout's application fees be refunded ifit is found that no variance is needed. Mr. Johnson agreed to research it further and talk with the Building Department and the City Attorney. Motion by Wells, Seconded by Apel, to table this variance pending further information from Staff and that the applicant be given his fee back if Staff decides that he doesn't need to go through this process. Motion carried unanimously. ORDINANCE REVIEW - ORDINANCE NO. 215, SEASONAL WEIGHT RESTRICTIONS Mr. Johnson stated the engineer has reviewed it and made minor changes. Commissioner Wells suggested there be a coordinated policy between the City and county regarding seasonal weight restrictions. She also felt a misdemeanor is not sufficient, that a violator should be required to pay to replace any damage done to the road. \ '- ./ In discussing that suggestion, the Commission felt it is extremely difficult to prove that a specific vehicle damaged a road unless the condition of the road is assessed immediately before and after the vehicle travels it. Possibly the fine for violations should be higher. No change was recommended by the Commission. ORDINANCE REVIEW - ORDINANCE NO. 57, AGRICULTURAL PRESERVE The Commission recommended no changes. ORDINANCE REVIEW - ORDINANCE 237, BURNING The Commission briefly discussed the regulations for recreational fires. No changes were recommended. ORDINANCE REVIEW - ORDINANCE 239, UNIFORM ADDRESS SYSTEM Commissioner Wells suggested Mr. Johnson talk with the Building Official about the numbering system so two houses on different streets do not have the same house number. It can get very confusing for both the postal delivery and for public safety purposes. At this time the Commission recommended no changes. , ~..J , v '\ Andover Planning and Zoning Commission Meeting Minutes - October 14, 1997 Page 7 ORDINANCE REVIEW - ORDINANCE 242, WAIVING REQUIREMENTSIEMERGENCY The Commission agreed the ordinance should remain as written. ORDINANCE REVIEW - ORDINANCE 243, CITY COUNCIL RULES The Commission felt the City Council should review their own rules. No changes were recommended. OTHER BUSINESS Update/October 7 City Council meeting - Mr. Johnson reviewed the actions taken by the City Council at its October 7 meeting. Update of Snowmobile TaskForce - Mr. Johnson reviewed the recommendations of the Task Force and the Andover Sno-Dragons Snowmobile Club and the City Council's decision to adopt a zero- tolerance policy. Staff has obtained a list from the DNR of all registered snowmobile owners in Andover and has sent them copies of the ordinance. Announcements will also be placed in the Andover Times and on cable TV to be sure everyone understands the snowmobiling laws. The Commission suggested copies also be sent to Community Education in both school districts, who may be willing to place the rules on their TV monitors in the schools and/or send home flyers with the children. . SuperAmerica (Bunker Lake and Round Lake) Special Use Permit - Mr. Johnson stated the violations of the Special Use Permit granted for the propane gas tank have been turned over to the City Attorney. Andover Collision - There was a question as to what the Special Use Permit allowed for the business on Crosstown Boulevard which is now operated by Andover Collision. Mr. Johnson stated he will check on it, though he recalled it was for a repair garage. Motion by Luedtke, Seconded by Gamache, to adjourn. Motion carried unanimously. The meeting adjourned at 8:36 p.m. Respectfully submitted, 'W\~~~l ~ar~la A. Peach, Recording Secretary