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HomeMy WebLinkAboutMay 13, 1997 /' '\ \...j ~J /\ '_J -, Cl u CITY of ANDOVER Andover Planning and Zoning Commission Meeting Agenda May 13, 1997 Andover City Hall 7:00 p.m. 1. Call to Order 2. Approval of Minutes - April 22, 1997 3. Public Hearing: Lot Split/Variance (L.S.N AR 97-02) - 4930 Marystone Boulevard NW- James M. Nielson. 4. Public Hearing: Special Use Permit (ASUP 97-09) - "Customer Appreciation Days" - Super America - 13727 Hanson Boulevard NW. 5. Public Hearing: Special Use Permit (SUP 97-10) - Bulk Storage of Liquid Fuels (propane Tank) - 3631 Bunker Lake Boulevard NW - Super America - Dehn Oil Company. 6. Variance (V AR 97-02) - Fence Height - 14xx Bunker Lake Boulevard NW - Childrens World Learning Centers. 7. Variance (V AR 97-03) - Porch Encroaching into Side Yard Setback- 3479 - 142nd Lane NW - Robert S. Waldon. 8. Variance (V AR 97-04) - Construct Accessory Structure in Excess of 100% Coverage of Principal Dwelling - 16150 Makah Street NW - Steve Mickelson. 9. Variance (V AR 97-05) - Construct Principal Structure Encroaching into Rearyard Setback - 14227 Crane Street NW - Contractor Property Developers Company. 10. Other Business 11. Adjournment o ( '. u ~J CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.w. . ANDOVER. MINNESOTA 55304. (612) 755-5100 PLANNING AND ZONING COMMISSION MEETING - MAY 13, 1997 MINUTES The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Randy Peek on May 13, 1997, 7:03 p.m. at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Maynard Apel, Lynnette Barry, Jay Squires, Lorna Wells Mike Gamache, Jeff Luedtke City Planning, John Hinzman City Planning, Jeff Johnson Others Commissioners absent: Also present: APPROVAL OF MINUTES April 22, 1997: Correct as written. MOTION by Apel, Seconded by Barry, to approve. Motion carried on a 4- Yes, 1-Present (Wells), 1-Absent (Gamache, Luedtke) vote. 0- PUBLIC HEARING: LOT SPLIT/VARIANCE - 4930 MARYSTONE BOULEVARD NW - JAMES M. NEILSON 7:05 p.m. Mr. Hinzman reviewed the request of James M. Neilson for a lot split and variance to split a parcel into two at 4930 Marystone Boulevard NW. The divided parcels meet or exceed the minimum requirements for the platted lots in the R-1 zoning district, but variances are needed to the minimum lot size of four acres for riparian lots. A 120-foot variance is also requested for minimum width as measured at the front setback on cul-de-sac lots for the northernmost parcel. Currently a l:t-acre parcel with an existing non-conforming single family structure and a 5:t-acre parcel exist. The applicant is proposing to combine these parcels with a .21:t-acre parcel he has a purchase agreement on with the property owner to the east. Once combined, the parcels will be split into two 3.12-acre parcels. Mr. Neilson has attempted to acquire additional land from adjacent property owners to achieve the four-acre riparian lot size requirement, but the neighbors were unwilling to sell. Commissioner Apel stated the 60- percent requirement is met. Mr. Hinzman stated most of the area is buildable. structure was built in the 1940s and was never flooded. conforming structure built before the Zoning Ordinance This area was in Ramsey prior to annexation to Andover. The original It is a non- was enacted. ..~) MOTION by Barry, Seconded by Wells, to open the public hearing. Motion carried on a 5-Yes, 2-Absent (Gamache, Luedtke) vote. 7:15 p.m. " J , I ./ Regular Andover Planning and Zoning Commission Meeting Minutes - May 13, 1997 Page 2 (Public Hearing: Lot Split/Variance - 4930 Marystone Blvd, Continued) Jim Neilson. applicant - provided a larger map of the area to the Commission as well as the actual topographical survey and pictures of the site. His surveyor contacted him this afternoon and reported the total size is 6.69 acres, which means the lots will be 3.34 acres on one side and 3.34 acres on the other side. The parcels would be combined. It would also be a registered land survey because it is torrens property. He and his wife want to build a home on the site after living in Anoka for 33 years. They intend to leave the property in its present state, which is almost like a forest, with no lawn, removing as few trees as possible for the house and with only a small road to the house. The site is about 50 feet above the river, but they would not build steps down to the river from their site. Ms. Amdahl, who would retain the other parcel, has agreed to provide them with a walkway easement to lower ground on Parcel 3 where they would have a stairway to the river. No one has ever seen this area flood. MOTION by Barry, Seconded by Wells, to close the public hearing. Motion carried on a 5-Yes, 2-Absent (Gamache, Luedtke) vote. 7:21 p.m. Mr. Hinzman stated the legal description from the applicant's surveyor and the changes in acreage of the parcels will be revised in the Resolution before it is brought to the City Council. MOTION by Apel, Seconded by Barry, that the Planning and Zoning Commission forward to the City Council and recommend approval of the Resolution granting the lot split/variances as presented by Staff. Motion carried on a 5-Yes, 2-Absent (Gamache, Luedtke) vote. This will be on the June 3, 1997, City Council agenda. 7:25 p.m. PUBLIC HEARING: SPECIAL USE PERMIT - "CUSTOMER APPRECIATION DAYS" - SUPER AMERICA - 13727 HANSON BOULEVARD NW 7: 25 p. m. Mr. Hinzman reviewed the request of Super America for a Special Use Permit to allow for the temporary erection of signs, banners and flags associated with their "Customer Appreciation Days", June 13- 14, 1997, at 13727 Hanson Boulevard NW. He reviewed the applicable ordinances. The biggest concern is that the items not pose a traffic hazard, and Staff will inspect the site to be sure these items will be placed outside the sight triangle and out of the county's right of way. Super America received the same Permit last year, and Staff received no complaints. MOTION by Wells, Seconded by Barry, to open the public hearing. carried on a 5-Yes, 2-Absent (Gamache, Luedtke) vote. 7:28 p.m. was no public testimony. Motion There MOTION by Barry, Seconded by Wells, to close the public hearing. Motion carried on a 5-Yes, 2-Absent (Gamache, Luedtke) vote. 7:28 p.m. ,~) '-) Regular Andover Planning and Zoning Commission Meeting Minutes - May 13, 1997 Page 3 (Public Hearing: Special Use Permi t - "Customer Appreciation Days" - Super America - 13727 Hanson Boulevard NW, Continued) MOTION by Wells, Seconded by Apel, to forward to the City Council a recommendation of approval of the Staff prepared document (approving the Special Use Permit). Motion carried on a 5-Yes, 2-Absent (Gamache, Luedtke) vote. This will be placed on the 0une 3, 1997, City Council agenda. 7:30 p.m. PUBLIC HEARING: (PROPANE TANK) OIL COMPANY SPECIAL USE PERMIT - BULK STORAGE OF LIQUID FUELS - 3631 BUNKER LAKE BOULEVARD NW - SUPER AMERICA - DEHN 7:30 p.m. Mr. Hinzman reviewed the request of Local Oil of Anoka, Inc., for an Amended Special Use Permit to install an above-ground liquid propane tank at the Super America store at 3631 Bunker Lake Boulevard NW. He noted the applicable ordinances. The tank would be located on the south side of the property along Bunker Lake Boulevard. A condition of the original permit prohibited the sale of propane gas, but the Minutes from the original application do not indicate the reason this provision was added. Other applicants were granted permission to \ install above-ground liquid propane tanks. Cement filled poles will be j around the tank to prevent it from being hit by vehicles. Staff is recommending approval with conditions. Commissioner Wells questioned the distance between the proposed tank and the underground storage tanks. Terrv Rodher. Local Oil Companv - stated there is about 20 feet of blacktop before the concrete apron. The fill area is 10 feet from where the transports would be filling the tanks. The transport sits on the concrete apron above the storage tanks 20 to 25 feet away. It doesn't affect the location of the propane tank. The tank would be further west in the less traveled area of the parking lot where there would be no possibility of anyone backing into it by mistake. Mr. Hinzman stated the proposed location of the tank meets all applicable setbacks. MOTION by Apel, Seconded by Barry, to open the public hearing. Motion carried on a 5-Yes, 2-Absent (Gamache, Luedtke) vote. 7:38 p.m. Mr. Rodher. one of the owners of Local Oil - stated all of the tanks are government inspected to meet their regulations. He wants to place the tank in that location because the phone is on the east side on the exit onto Round Lake Boulevard. It would be located about 25 or 30 feet east of the driveway from Bunker Lake Boulevard. He does not intend to put any landscaping around the tank, but would like to put the name on it to advertise it is there. About five or six pipes filled with concrete will be in front of the tank and two or three on both sides for 1 protection. Mr. Johnson stated a sign permit would be needed for any / advertising on the tank. Commissioner Wells asked if there would be any berming around the tank and will there be a conflict with the tankers that will be filling the underground tanks. / ,) Regular Andover Planning and Zoning Commission Meeting Minutes - May 13, 1997 Page 4 (Public Hearing: Special Use Permit - Bulk Storage of Liquid Fuels - 3631 Bunker Lake Boulevard - Super America - Dehn Oil Co., Continued) Mr. Rodher - stated he really didn't want to berm around it unless they are required to. He'd prefer it be more visible so people know they have that service available, as they feel it is a drawing factor for people driving by. This will be on a concrete slab. He did not think there would be a conflict with transports, as they come at night when their traffic is light. They anticipate mostly day-time filling from this propane tank, which takes about ten minutes at the most. A transport takes 30 to 35 minutes to drop a load. The venting is through the canopy above the tanks, which is much higher, so there isn't a problem with any type of fueling. MOTION by Wells, Seconded by Barry, to close the public hearing. Motion carried on as-Yes, 2-Absent (Gamache, Luedtke) vote. 7:44 p.m. Commissioner Wells felt they have a right to the same service as the other stations, but she would like to see it bermed. It would beautify the area and make it less conspicuous. She felt as proposed it will degrade an otherwise nice building and well-maintained establishment. Mr. Hinzman stated last year the Super America station at 13727 Hanson Boulevard had the provision of a berm in the Resolution; however, the / - owners did agree to that. The Commission felt the City Council should be encouraged to explore that requirement. Chairperson Peek stated the other issue is that of signage. Other than the signage for safety purposes, he wouldn't encourage advertising. MOTION by Barry, Seconded by Wells, to forward to the City Council approval of the bulk storage of liquid fuels at 3631 Bunker Lake Boulevard NW as presented by Staff with two concerns expressed this evening for the proposal of berming to be explored and also the signage issue, that they not put a sign on the tank itself. Motion carried on a 4-Yes, 1-Absent (Kunza) vote. This will be on the June 3, 1997, City Council agenda. 7:48 p.m. VARIANCE - FENCE HEIGHT - 14XX BUNKER LAKE BOULEVARD NW - CHILDREN'S WORLD LEARNING CENTERS Mr. Johnson reviewed the request of Children's World Learning Centers to allow for the construction of a fence exceeding four feet in height in the minimum required front yard setback at 14xx Bunker Lake Boulevard. The property is zoned NB, Neighborhood Business. The applicant proposes to construct a six-foot high chain link (vinyl coated) which will enclose the 50 x 160-foot playground area. The variance is for security reasons, as the policy of Children's World Learning Centers is to require a six-foot high fence. Staff is recommending approval. There was some discussion on maintenance of the fence, and it was suggested that it be made a condition of the Resolution. CommissioneL Squires stated this is the location of a proposed liquor store, and he'd prefer to see this use on that site. He felt the higher fence for J "--.J Regular Andover Planning and Zoning Commission Meeting Minutes - May 13, 1997 J Page 5 {Variance - Fence Height - 14xx Bunker Lake Blvd., additional safety of the children is a good idea. this lot, so he will abstain from voting. Con tinued} His lot backs onto Chairperson Peek questioned the hardship for granting the variance, as he didn't feel a company policy is necessarily a hardship. Commissioner Apel stated the City often varies when it has to do with a health, safety and welfare issue. He agreed a company policy would not be a hardship, but it is a safety issue that is important here. MOTION by Wells, Seconded by Apel, to forward to the City Council the variance request as written by Staff adding that we find this would be a safety issue for the children involved and, therefore, recommend approval. Motion carried on a 4-Yes, 1-Abstain (Squires), 2-Absent (Gamache, Luedtke) vote. VARIANCE - PORCH ENCROACHING INTO SIDE YARD SETBACK - 3479 142ND LANE NW - ROBERT S. WALDON Staff noted this item is to be withdrawn. No action was taken. VARIANCE CONSTRUCT ACCESSORY STRUCTURE IN EXCESS OF 100 PERCENT , J COVERAGE OF PRINCIPAL DWELLING - 16150 MAKAR STREET NW - STEVE MICKELSON Mr. Johnson reviewed the request of Steve Mickelson to allow for the construction of an accessory building exceeding 100 percent of the total square footage of land cover of the foundation of the principal structure at 16150 Makah Street NW. The property is zoned R-1 and is just under five acres in size. The applicant is requesting a variance to construct a 42 x 75-foot (3,150 square foot) accessory structure (pole building). Staff is recommending denial because there is no valid hardship. No variance has been granted from this provision of the ordinance in the past. The principal structure was built in 1989. If the parcel was over five acres, the size restriction would not apply. Steve Mickelson had trouble with the hardship portion of the ordinance. As calculated, he is just slightly under the five acres. If the parcel was just six inches wider, this wouldn't be discussed. It is a very attractive building which would be used for storage. He collects cars. There has been some vandalism of cars in the neighborhood, and he wants to keep everything inside. Mrs. Mickelson - stated the registered survey states it is 5.00 acres. There was some discussion on the exact size of the parcel. The Commission suggested the Mickelsons contact Carlson and Carlson, Inc., who surveyed their property in 1989. They might have the precise area calculation on file. If it is five acres or over, the size of the accessory building is not an issue. MOTION by Wells, Seconded by Apel, to table this until the applicant can confirm the lot size. Motion carried on a 5-Yes, 2-Absent (Gamache, Luedtke) vote. , j ., I..J Regular Andover Planning and Zoning Commission Meeting Minutes - May 13, 1997 Page 6 / VARIANCE - CONSTRUCT PRINCIPAL STRUCTURE ENCROACHING INTO REAR YARD SETBACK - 14227 CRANE STREET NW - CONTRACTOR PROPERTY DEVELOPERS COMPANY Mr. Johnson reviewed the variance request of Contractor Property Developers Company to allow for the construction of a principal structure to encroach into the rear yard setback at 14227 Crane Street NW. The property is zoned R-4, Single family Urban. The 974-square- foot single family home would encroach 3.61 feet into the required 30- foot year yard setback. There has been some difficulty in placing a home on this lot due to the radius of the cul-de-sac and the setback restrictions. The lot does not meet the lot depth requirement of 130 feet per the ordinance. Mr. Johnson did not believe a variance was granted for the lot depth, that it may have been overlooked at the tim~ of the preliminary plat. Staff is recommending approval based on the unusual configuration of the lot and because it does not meet the lot depth requirements. Staff has reviewed the house plans, which does not have any access to the rear yard. There will be no deck going into the rear yard. The lot is buildable, but the problem has been getting this size house on the parcel. MOTION by Apel, Seconded by Wells, that the Planning and Zoning Commission forward to the City Council with the recommendation of approval the Resolution prepared by Staff granting the variance request , j of Contractor Property Developers Company as presented. Motion carried on a 5-Yes, 2-Absent (Gamache, Luedtke) vote. OTHER BUSINESS Mr. Johnson reviewed the actions of the City Council taken at their May 6, 1997, regular meeting. MOTION by Barry, Seconded by Wells, to adjourn. Motion carried on a 5- Yes, 2-Absent (Gamache, Luedtke) vote. The meeting was adjourned at 8:20 p.m. Respectfully~ubmitted, ~~p~yL Recording Secretary