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HomeMy WebLinkAboutMarch 11, 1997 .~ ...J / " ~.j ,- '-. ....J u u CITY of ANDOVER Andover Planning and Zoning Commission Meeting Agenda March 11, 1997 Oak View Middle School 7:00 p.m. I. Call to Order 2. Approval of Minutes - February 25,1997 3. Public Hearing: Rezoning (REZ 97-03) - R-I, Single Family Rural to M-2, Multiple Dwelling - Section 23 - Ashford Development Corporation. , 4. Public Hearing: Lot SplitlVariance (L.S.N AR 97- 01) - 159xx Tulip Street NW - Robert Jr. Dehn. 5, Public Hearing: Special Use Permit (SUP 97- 04) - ConstructJErect Two (2) Area Identification Signs for Timber River Estates - 170xx Roanoke StreetNW - Woodland Development Company. 6. Variance 01 AR 97-01) - Setback from Major Arterial- 16455 Valley Drive - Richard Snyder. 7. Ordinance Review: Ordinance No. 28, Licensing the Sale of Non-intoxicating Malt Liq. Ordinance No. 29, Tree PreservationlDiseasedShade Trees. Ordinance No. 30, Reimbursement of Consultants...... 8: Other Business 9. Adjournment o r\ U u u o CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW. . ANDOVER, MINNESOTA 55304 . (612) 755-5100 PLANNING AND ZONING COMMISSION MEETING - MARCH 11, 1997 MINUTES The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Randy Peek on March 11, 1997, 7:03 p.m. at the Oak View Middle School, 15400 Hanson Boulevard NW, Andover, Minnesota. Commissioners present: Maynard Apel, Lynette Barry, Mike Gamache {arrived at 7:08 p.m.}, Jeffrey Luedtke, Lorna Wells Jay Squires City Planning, John Hinzman City Planning, Jeff Johnson Community Development Director, Dave Carlberg Others Commissioner absent: Also present: APPROVAL OF MINUTES February 25, 1997: Correct as written. MOTION by Luedtke, Seconded by Barry, to approve. Motion carried on a 5-Yes, 2-Absent {Gamache, Squires} vote. PUBLIC HEARING: REZONING - R-1, SINGLE FAl.fILY RURAL TO M-2, MULTIPLE DWELLING - SECTION 23 - ASHFORD DEVELOPMENT CORPORATION 7:04 p.m. Mr. Carlberg reviewed the request of Ashford Development to rezone the property located east of Hanson Boulevard NW and generally north of Crosstown Boulevard NW from R-1, Single Family Rural to M-2, Multiple Dwelling. Since the agenda material was prepared, the applicant submitted a letter amending that request to exclude certain areas, so the request for an M-2 zoning classification would be for approximately 40 acres only. The property is in the MUSA, and Mr. Carlberg reviewed the applicable ordinances and criteria to be examined. {Commissioner Gamache arrived at this time, 7:08 p.m.} Mr. Carlberg also explained the City Council has directed Staff to prepare a Comprehensive Plan Amendment to remove the RM and OS land use designations from the property which is being proposed as the plat of Chesterton Commons. The area designated as RM in the Comprehensive Plan is the same area being addressed at this public hearing for an M-2 designation. The proposal at the City Council meeting, and the direction given by the Council, is to swap the RM designatio'n from this property to 40 acres located west of Hanson Boulevard just north of Oak View Middle School which is also owned by Ashford Development. Staff's goal is to have the public hearing for that proposed amendment at the March 25 Planning and Zoning Commission meeting. At the moment the future land use for the property in question is designated RM in the "' ,.~.. ~< :l~: -.l"~: ,.V'.- .,~.~ \._) , '-J Regular Andover Plannng and Zoning Commission Meeting Minutes - March 11, 1997 Page 2 ) (Public Hearing: Rezone - R-1 to M-2, Section 23 - Ashford Development, Continued) Comprehensive Plan, which is consistent with the request before the Commission. If the amendment to the Comprehensive Plan which has been directed by the Council is approved, this request would be inconsistent with the Comprehensive Plan. MOTION by Wells, Seconded by Luedtke, to open the public hearing. Motion carried on a 6-Yes, 1-Absent (Squires) vote. 7:15 p.m. There was no public testimony. MOTION by Luedtke, Seconded by Wells, to close the public hearing. Motion carried on a 6-Yes, 1-Absent (Squires) vote. Commission discussion noted the request is in compliance with the Comprehensive Plan, and the multiple zoning would provide a buffer between the proposed commercial to the south and the residential property. There was some confusion with how this request relates to the Council direction to amend the Comprehensive Plan for this property to be zoned single family. Mr. Carlberg stated the Council was not aware of this request when they made their decision. The Commission must deal with the request before them, and the Council will ultimately decide whether this should be multiple or single family housing. There is no indication of how the area will be developed. ) Jerry Windschitl, Ashford Development, stated he doesn't know what they can do with this parcel. Their preference would De to develop into single family homes. They ran into road blocks with that proposal. The multiple use is apparently what the Plan allows them to do. They made a proposal to the City Council a week ago to resolve this, which seemed to be acceptable; but then half way through the process, the plat was cut off and not allowed to be finished. The reason for this request is that is what the Comprehensive Plan calls for, and this request was filed before last Tuesday's City Council meeting. At this point he didn't think he had a choice but to proceed with this rezoning request. To use the land under the present conditions, it has to be under the multiple zoning. There was some sentiment on the part of the Commission that multiple zoning would be a good buffer between the commercial and residential areas. They al_so noted that they can only act on the request before them, which is consistent with the Comprehensive Plan; and not take into consideration the actions of the City Council at this time. \ MOTION by Luedtke, Seconded by Wells, to forward to the City Council for approval on the request for rezoning by Ashford Development Company to rezone from R-1, Single Family, to M-2, Multiple Dwelling on property described as: The Southwest 1/4 of the Northwest 1/4 of Section 23, Township 32, Range 24, Anoka County, Minnesota. The request was modified to remove those portions that Mr. vlindschitl noted in his letter today. Motion carried on a 6-Yes, 1-Absent (Squires) vote. This will be placed on the April 1, 1997, City Council agenda. 7:30 p.m. / \ , ) , o Regular Andover Plannng and Zoning Commission Meeting Minutes - March II, 1997 Page 3 " PUBLIC HEARING: DEHN, JR. LOT SPLIT/VARIANCE - 159XX TULIP STREET 1."W - ROBERT 7:30 p.m. Mr. Hinzman reviewed the request of Robert Dehn, Jr., to split a 2.5-acre portion of a 5.01-acre parcel at 159xx Tulip Street NW. The split would require a variance of 18 feet to the ISO-foot width for a building pad because of the location of the 50-foot pipeline easement which bisects the property from east to west. A home was recently built on the eastern portion of the parcel fronting 159th Avenue NW. Another home is planned for the western 2.5 acres which would front on Tulip Street. Buildability has been determined on the split parcel, as the building pad exceeds 22,500 square feet. The building pad would be 130 x 180 feet as opposed to 150 x 150 square feet required by ordinance. He noted the applicable ordinances and criteria to be examined. Staff is recommending approval with conditions. MOTION by Luedtke, Seconded by Gamache, to open the public hearing. Motion carried on a 6-Yes, I-Absent {Squires} vote. 7:38 p.m. Dan Kociemba. 3430 159th Avenue NW - stated two years ago the streets in Pine Hills were blacktopped and 21 lots were assessed. Since then a house was built on this lot accessing 159th Avenue, so now there are 22 lots benefiting from the road that 21 lots paid for. They are not opposed to the lot split; but because of the new house, they do not feel the assessment is fair. Though he recognized it does not involve a lot of money, it is the principle of it. Mr. Hinzman stated in talking with Engineering, when the project in Pine Hills was done, the intent was that this parcel would not be split and that a house would face Tulip. Bonnie Dehn - stated I59th was a temporary cul-de-sac until it was paved. They have owned this property for a long time, which was purchased as a five-acre parcel facing Tulip Street. Robert Dehn, Jr. - stated they purchased the parcel years ago with the intent to construct a house on a five-acre lot. The house facing 159th Avenue was built for their daughter. When they were given the option of splitting the parcel, they chose to do so to construct a house for their other daughter. Both intend to spend their lives as residents of the community. Both Staff and the Commission acknowledged the street assessments, but they noted that does not and variance being requested. It is an issue that by the City Council. lssue regarding the affect the lot split needs to be addressed MOTION by Barry, Seconded by Wells, to close the public hearing. Motion carried on a 6-Yes, I-Absent {Squires} vote. 7:47 p.m. MOTION by Apel, Seconded by Wells, to forward to the City Council the Resolution granting the lot split/variance request of Robert J. Dehn, Jr., as prepared by the Staff. Add a WHEREAS relating to the variance from the dimensions of the building pad. Add a WHEREAS that the hardship ,,) \J Regular Andover Plannng and Zoning Commission Meeting Minutes - March 11, 1997 Page 4 (Public Hearing: Lot split/Variance - 159xx Tulip - Dehn, Continued) was not of the owner's doing, that the hardship is the result of the pipeline easement going through the property. Motion carried on a 6- Yes, I-Absent (Squires) vote. This will be placed on the April 1, 1997, City Council agenda. 7:50 p.m. PUBLIC HEARING: SPECIAL USE PERMIT CONSTRUCT/ERECT TWO AREA IDENTIFICATION SIGNS FOR TIMBER RIVER ESTATES - 170XX ROANOKE STREET NW - WOODLAND DEVELOPMENT COMPANY 7:50 p.m. Mr. Johnson reviewed the request of Woodland Development Company to install two area identification signs at the entrance of the subdivision Timber River Estates at 170xx Roanoke Street NW. He noted the applicable ordinances and criteria to be reviewed. The signs along with the brick structures would be located 10 or more feet from the property lines and will meet the site triangle requirements. Staff is recommending approval with conditions. / Commissioner Luedtke had some concern with the setback from the road. Because the structures are almost seven feet tall, he was concerned that they be set back far enough so several cars could pull up to the intersection and still have a good line of sight. Mr. Carlberg also explained that at the time the two area identification signs were allowed for Hills of Bunker Lake on Hanson Boulevard, the ordinance allowed only one sign per development. The decision for that develcpment ,'las the proposal was a gate sign, so it was c3.lled one sign. Since that time, the ordinance has been amended to provide more flexibility in the number of signs allowed per development. This proposal is the same theory as a gate sign, but it is being treated as two physical signs. Commissioner Wells felt the structures are massive and suggested they be used for shelters for children waiting for the schcol bus. With Roanoke being such a dangerous road, she had a real concern with something this big unless it is used for waiting for the school bus or an MTC stop. She asked if the county has seen this proposal. Mr. Carlberg explained the only portions being considered for the Special Use Permit are the 32- square-foot portions for the signs on each structure. The structure is not a part of the sign itself. The county doesn't involved itself in the sign review process. They only review things in their right of ways or plats. M07'ION by Wells, Seconded by Luedtke, to open the public hearing. Motion carried on a 6-Yes, I-Absent (Squires) vote. 8:00 p.m. There was no public testimony. MOTION by Luedtke, Seconded by Wells, to close the public hearing. Motion carried on a 6-Yes, I-Absent (Squires) vote. ; Chairperson Peek stated he will not be voting in favor of the request because he didn't vote in favor of the plat. Commissioner Wells again expressed concern with the height and the massiveness of the sign unless , \ ) '-J Regular Andover Plannng and Zoning Corrmission Meeting Minutes - March 11, 1997 Page 5 , J (Public Hearing: Special Use Permit - Area ID Signs - Timber River Estates, Continued) it is incorporated into a waiting area for the children. She didn't think school buses would run into the subdivision itself. MOTION by Barry, Seconded by Gamache, to forward to the City Council the Resolution as presented by Staff (approving the request). Motion carried on a 4-Yes, 1-No (Peek), 1-Abstain (Wells), 1-Absent (Squires) vote. This will be placed on the April 1, 1997, City Council agenda. 8:04 p.m. VARIANCE - SETBACK FROM MAJOR ARTERIAL - 16455 VALLEY DRIVE - RICHARD SNYDER J Mr. Hinzman reviewed the request of Richard P. Snyder to vary 13.8 feet from the lOa-foot minimum front yard setback in order to construct an addition onto a lawfully existing non-conforming structure at 16445 Valley Drive NW. He noted the applicable ordinances and explained the addition would be constructed on the southeast corner of the building and would not encroach further into the setback; however, the variance is to the entire building. There is no indication \vhenthe building was constructed; but it was there prior to 1969 so it predates the existing ordinance. It is a lawfully existing non-conforming building set back 96.2 feet from the center line of Valley Drive. This is a unique situation not created by the property. owner, which is grounds for granting a variance. Staff is recommending approval ,,.lith conditions. Mr. Hinzman also explained that Mr. Snyder was granted a Special Use Permit in 1994 to operate a small engine repair shop in that structure. Even with this addition, Mr. Snyder will still be under the 800-square- foot requirement for that Special Use Permit. This addition is closing in the back of the building. The new. addition will have to meet present fire and building codes, but it will not be required that the rest of the building be upgraded. The building with the addition will be within the allowable size for an accessory building. Richard Snyder stated this has nothing to do with expanding the special use. The building in which he is operating his business presently has only one entrance. With this addition, he will have a second exit, which is a safety concern for him. The additional portion of the building will be used for agricultural purposes. Bonnie Dehn - stated the original building was built in 1968 as part of the farming operation. MOTION by Apel, Seconded by Wells, to recommend that the Planning and Zoning Commission forward to the City Council a Resolution granting the variance request of Richard Snyder as prepared by Staff. Adjust the Resolution to reflect that the variance is for the entire structure. Also add a sunset clause. Motion carried on a 6-Yes, 1-Absent (Squires) vote. This will be on the April 1, 1997, City Council agenda. \._J <J - " Regular Andover Plannng and Zoning Co~mission Meeting Minutes - March 11, 1997 Page 6 / ORDINANCE REVIEW - LICENSING THE SALE OF NON-INTOXICATING MALT LIQUOR Mr. Johnson stated he is working with the City Clerk to revise the ordinance and the application. Once that is done, he will bring them back to the Commission for review. No Commission action was needed at this time. ORDINANCE REVIEW - TREE PRESERVATION/DISEASED TREES Mr. Johnson provided a brief background of the efforts made to revis~ the Tree Preservation/Diseased Trees Ordinance and the Council's decision last year to stay with this ordinance. Staff is comfortable with the current ordnance and is recommending the ordinance be renumbered but remain with the same language. There has been some discussion about requiring a builder to plant a tree in the front yard of the new home, and Staff will be discussing that with the City Council. Some Commissioners favored the planting of a tree in front of each new house, but no action was taken this evening. ORDINAl'/CE REVIEW - REIMBURSEUENT OF CONSULTliNTS \ ) Mr. Johnson reported he has discussed this ordinance with the Finance Director, who will be updating it to include the accounting practices used today. No Ccrnmission act. ion was needed at this time. OTHER BUSINESS Development at 133rd Lane and Round I,ake Boulevard - t<lr. Carlberg explained Bahn's Lo_ndscape Design and Construction has submitted a concept for the development of the site at 133rd Lane and Round Lake Boulevard to include a landscaping business with landscape design, some retail, a bed and breakfast and landscaping for a corr:mercial contracting business. He pointed out some of the past proposals for the site, all of which were opposed by the residents in the area. This proposal would not require a change in zoning as a commercial green house is permitted in a residential district. " . / Commission discussion was on the concern with overuse of the small area, especially with the bed and breakfast and commercial contracting business which probably would not fall under the permitted use of a commercial green house. They felt the ultimate use on that property should not require a rezoning, as the neighbors have not been supportive of any rezoning of it. If there were some commercial use on this property, it would be the only commercial use among residential housing. Plus there is a potential access/exit problem off 133rd Lane. There may also be a problem with parking if there is any type of retail that is seasonal and on weekends. There is multiple housing both to the south and across Round Lake Boulevard. The Commission's suggestion was that any use should be designed with a residential flavor, possibly medium density town homes or carriage houses. ) \"'jl Regular Andover Plannng and Zoning Commission Meeting Minutes - March II, 1997 ) Page 7 (Other Business, Continued) Actions of the Ci ty Council - Mr. Carlberg reported on the actions taken by the City Council on various agenda items at its regular meeting on March 4, 1997. Comprehensive Plan Task Force - Mr. Hinzman reported on the appointments made to the Comprehensive Plan Task Force. It is anticipated the first meeting will be held on Wednesday, March 26, 7 p.m., at the Oak View Middle School. MOTION by Luedtke, Seconded by Apel, to adjourn. Motion carried on a 6- Yes, 1-Absent (Squires) vote. The meeting was adjourned at 8:50 p.m. Respectfully submitted, '\r\~ ~l Mar~lla A. Peach Recording Secretary / j