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HomeMy WebLinkAboutJune 24, 1997 , , ,-) \ U 'I '-J () u CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW. . ANDOVER, MINNESOTA 55304 . (612) 755-5100 Andover Planning and Zoning Commission Meeting Agenda June 24, 1997 Andover City Hall 7:00 p.m. 1. Call to Order 2. Approval of Minutes - June 10, 1997 3. Public Hearinl!: Lot SplitIVariance (L.S.N AR 97-04) - 14352 Crosstown Boulevard NW - Shane Zerk. 4. Public Hearinl!: Lot SplitIVariance (L.S.N AR 97-05) - 16030 Makah Street NW - Tarri Stanton. 5. Variance (V AR 97-08) - Construct Accessory Structure Closer to Front Lot Line Than Principal Structure Less Than the 60' Requirement as Specified in Ordinance No.8, Section 4.05 - 3340 159th Avenue NW _ Ray & Kathy Schroeder. 6. Variance 01 AR 97-09) - Construct Deck Encroaching into the Rearyard Setback - 1001 140th Lane NW - Gregory Stratula. 7. Ordinance Review: Ordinance No. 51, Regulating Outdoor Parties. Ordinance No. 52, Rum River Scenic River Ordinance Ordinance No. 53, Regulating Dogs & Cats Ordinance No. 55, Public Water System. Ordinance No. 56, Intoxicating Liquor Ordinance 8. Other Business 9. Adjournment (j () / " u CITY of ANDOVER lanning and Zoning Commission Meeting - June 24,1997 - Minutes The regular meeting of the Andover Planning and Zoning Commission was called to order by Chairman Randy Peek at 7:03 PM, Tuesday, June 24,1997 at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, MN. Commissioners Present: Wells, Luedtke, Peek, Gamache Commissioners Absent: Apel, Barry, Squires Also Present: Jeff Johnson, City Zoning Administrator John Hinzman, City Planner David Almgren, City Building Official Others A{JprovaI of Minutes - Tune 10, 1997 MOTION by Luedtke, seconded' by Wells to approve the minutes of June 10, 1997 as presented. Motion carried on a 3 yes, 1 present (Peek) vote. U Public Hearing, Variance, 14352 Crosstown Boulevard NW Mr. Hinzman reviewed the request noting that the property owner is asking to split a 17 foot parcel from his property which is .70 acres. The property is zoned R-4, single family urban. The applicable ordinances are Ordinance 40, which regulates the division of lots. Ordinance 8, section 5.04 establishes the variance procedure and process. Ordinance 8, Section 6.02 establishes the provisions for minimum lot width, lot depth and lot area. The distances required are as follows: Lot width at front setback - 80 feet; lot depth - 130 feet; lot area per dwelling -11,400 square feet. Mr. Hinzman noted that a variance is required to the minimum lot width, depth and area of the remnant parcel. Staff will require that a covenant be recorded that legally binds the split parcel with the neighboring parcel so they cannot be sold separately. Mr. Hinzman explained that staff has determined that strict enforcement of the provisions of Ordinance 8, Section 6.02 would preclude the applicant reasonable use of the property, creating an unnecessary hardship not created by the property owner, which would be a reason for granting the variance. / " Commissioner Wells asked when the homes were built. It was noted that they were built in 1968 and 1957. Ms. Wells then asked what the reason is for the lot split and what the hardship is. Mr. Hinzman noted that the lot split is to give Mr. Toikka a larger side yard area and the hardship is more of a precedent. This has been done in the past; it's more of a movement of lot lines. '----' '-..~ ~ 'I 'J ... ) Planning and Zoning Commission Meeting June 24,1997 - Minutes Page 2 Commissioner Wells asked if any structures would be built on the 17 foot parcel. Mr. Hinzman stated there would be none; however, Mr. Toikka may put his garden on that parcel. MOTION by Luedtke, seconded by Wells to open the public hearing. Motion carried. There was no public testimony. MOTION by Gamache, seconded by Wells to close the public hearing. Motion carried. Commissioner Wells questioned the hardship because both homes were constructed prior to Andover becoming a city. She expressed concern that a structure could be built on the 17 foot parcel and is against the request. \ Chairman Peek explained that no structures would be built on the parcel because it is unbuildable. He noted that this is a simple land transaction between neighbors. , J MOTION by Luedtke, seconded by Gamache granting the lot split/variance request of Shane Zerk as presented. Motion carried on a 3 yes, 1 no (Wells) vote. This will go to the City Council on July 15, 1997. Public Hearing/Lot Split/Variance/16030 Makah Street NW Mr. Hinzman reviewed the request of Tarri and Kevin Stanton to split the northern 2.51 acres of a 5.02 acre parcel at 16030 Makah Street NW and for a variance from minimum lot width at the front setback line. The property is zoned R-l, single family rural. The applicable ordinance are Ordinance 40 which regulates the division of lots; Ordinance 8, Section 5.04 which establishes the variance procedure and process; Ordinance 8, Section 6.02 which establishes the provisions for minimum lot width, lot depth and lot area; and Ordinance 10, Section 9.07.10 which establishes the minimum area of land dedicated to park and open space. Mr. Hinzman noted that the property is 5.02 acres so that both parcels would satisfy the requirements for lot area. The variance being requested is for the minimum width at the front setback line. Parcel A would require a 31 foot variance as it would be 269 feet and Parcel B would require a 30 foot '. / \~ u .J Planning and Zoning Commission Meeting June 24,1997 - Minutes Page 3 variance as it would be 270 feet at the front setback line. The ordinance requires that the width be 300 feet. Staff recommends approval with the condition that a sunset clause be applied and the applicant pay park dedication fees. A resident asked if there would be a road between the two lots. Mr. Hinzman replied no. Commissioner Wells questioned whether the newly created parcel would be buildable. Dave Almgren, Building Official it is a high, dry parcel and is buildable. MOTION by Luedtke, seconded by Wells to open the public hearing. Motion carried. Linda Gibson, 15961 Oneida Street NW stated that she has lived in her home for 23 years and for the past three years there has been a lot of trouble in the neighborhood. Her garden has been destroyed and a field behind her home was .I set on fire last year. Because of some of the things that have happened to her, she doesn't want any more houses in the neighborhood. She feels that this is being requested for financial gain. Bill Fudge, 16005 Makah Street NW stated that he has lived in his home for 17 years and when he purchased his home it was with the understanding that every lot would be 5 acres in size. His concern is that the other lots on Makah could be split into 2.5 parcels and they could end up with a lot of houses on the street. Mr. Hinzman explained that the lot in question has more frontage than the others on Makah and he didn't think the city would allow the others to be split because they would end up with only 170 feet in width. Mark Monroe, 15961 Makah Street NW stated that when they looked at the parcel they bought, they were told by the city that they would always be 5 acre lots. He felt that the only reason for this is financial gain and he didn't think this should be allowed. Dennis Anderson, 15952 Makah Street NW noted that he has 602 feet of frontage. When he purchased his property in 1986 they were 5 acre lots and he feels that / \ \.J u , / Planning and Zoning Commission Meeting June 24,1997 - Minutes Page 4 they should remain that way. He didn't think this property should be subdivided. Carl Spencer, 12180 Magnolia Street NW, Coon Rapids, owner of the adjoining parcel to the north - stated that when he purchased his property, he was told it was a 5 acres parcel but could be split into two 2.5 acre parcels. His parcel is one of the few that is undeveloped. He noted that he has a problem with the variance, stating that when the city set a minimum lot width at the front setback line, it was done for a reason. He is concerned with density and the value of the land. Dan Weigold, 4615 -160th Lane NW stated that they purchased a lot out here because there were 5 acre lots surrounding his one acre parcel. He concurred with the neighbors. MOTION by Wells, seconded by Luedtke to close the public hearing. Motion carried unanimously. ) Commissioner Wells felt that we are dividing Andover into too many chunks of land. Commissioner Luedtke stated that there are no more places in Andover where there are 5 acre lots and agreed with the property owners because this might cause property devaluation and there is no hardship. MOTION by Wells, seconded by Gamache to recommend to the City Council denial of the request due to landowner opposition, lack of a hardship and the fact that the home is already sold and the unique and probable devaluation of other homes in the area. Motion carried on a 3 yes, 1 no (Peek) vote. This will go to the City Council on July 15, 1997. Variance/Construct Accessory Structure Closer to Front Lot Line than Princil'al Structure/3340 -159th Avenue NW \ \ / Mr. Johnson reviewed the request of Ray and Kathy Schroeder to allow for the construction and placement of an accessory structure closer to the front lot line than the principal structure. The property is 5.3 acres and is zoned R-l, single <) u , I Planning and Zoning Commission Meeting June 24, 1997 - Minutes Page 5 family rural. The ordinances that apply to this request are Ordinance 8, Section 4.05 which establishes setback requirements, and Ordinance 8, Section 5.04 which establishes the variance process. The variance is to construct a detached garage which is approximately 1430 square feet that will encroach 20 feet into the 60 foot front yard setback. The proposed garage will be of similar design and exterior finish material so as to be compatible with the principal structure. The applicant cannot meet the 60 foot front yard setback requirement because there is a sloping grade near the front one-quarter of the lot and the remainder of the lot is heavily wooded. Commissioner Wells asked the purpose of the garage. Mr. Schroeder explained that it will be for storage of cars, a boat, snowmobiles and A TV s. Commissioner Luedtke asked if there was any way this could be built behind the house. Dave Almgren stated no because of the topography it's not possible. There is not direct view from any roads. ., .J Commissioner Wells asked if a smaller garage would fit. Mr. Almgren explained that according to the ordinance they can build any size garage they wish and this is the size they have chosen. Jeff Johnson presented a letter that was submitted by the neighbors stating that it was satisfactory to them. Chairman Peek noted that in the past when the Commission has looked at accessory buildings they have always tried to save trees. Because of the trees on this property it is a justifiable hardship. MOTION by Luedtke, seconded by Wells to forward to the City Council approval of a variance requested by Ray and Kathy Schroeder as presented by staff. Motion carried unanimously. This will go to the City Council on July 15, 1997. / , , ) ---.,./ u Planning and Zoning Commission Meeting June 24, 1997 - Minutes , , Page 6 Variance/Construct Deck Encroaching; into Rearvard Setback/lOOl-14Oth Lane Mr. Johnson reviewed the request of Greg Stratula to allow for the construction and placement of a deck encroaching six feet into the required 30 foot rearyard setback at 1001-140th Lane NW. The property is located on a cul-de-sac and is zoned R-4, single family urban. The applicable ordinances are Ordinance 8, Section 6.02 which establishes minimum lot requirements and Ordinance 8, Section 5.04 which establishes the variance process. The proposed deck would encroach 6 feet into the rearyard setback. Commissioner Wells asked if the home could have been built closer to 140th Lane so that a variance would not be required. Mr. Hinzman stated that the home is 35.5 feet back from the front setback line. Ms. Wells asked if the deck was shown on the original blueprints for the house. Dave Almgren stated that it was not. , J MOTION by Wells, seconded by Gamache to forward to the City Council approval of a variance requested by Greg Stratula based on the hardship of the location of the house and that there is no house located behind this property. Motion carried unanimously. This will go to the City Council on July 15, 1997. Ordinance Review - Ordinance #51 - Outdoor Parties Mr. Johnson noted that he will be working with the City Clerk on this and it will be brought back to the Commission. Ordinance Review - Ordinance #52 - Scenic River (Rum River) Mr. Johnson stated that staff is not proposing any changes as the current ordinance has worked well for the city. Ordinance #53 - Regulating; Do~s Mr. Johnson stated that staff will be reviewing this ordinance and will be looking at regulating the number of cats allowed. / \ U , \ \.J Planning and Zoning Commission Meeting June 24,1997 - Minutes Page 7 A resident noted that they have a problem with cats running loose in their neighborhood and asked if the public would be a part of revising the ordinance. It was suggested that she contact Mr. Johnson for her input into the ordinance. Ordinance #55 - Public Water System Mr. Johnson will be working with the Public Works Department to update this ordinance. Ordinance #56 - Intoxicating liquor Mr. Johnson stated that staff will be checking the state statutes to make sure that our ordinance complies with the law. Other Business Mr. Johnson noted that at the last City Council meeting, Council adopted the non-conforming home occupation ordinance. , , MOTION by Luedtke, seconded by Wells to adjourn. Motion carried unanimously. Meeting adjourned at 8:31 pm. Respectfully submitted, fL. d<-tU Vicki V olk Acting Recording Secretary ( \ . . J