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HomeMy WebLinkAboutMarch 28, 1995 () o o 7:00 p.m. o o CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.w, . ANDOVER, MINNESOTA 55304. (612) 755-5100 ANDOVER PLANNING & ZONING COMMISSION MEETING AGENDA March 28, 1995 1. Call to Order 2. Approval of Minutes: March 14, 1995 3. Public Hearing: Preliminary Plat - Timber Meadows III - Section 17 - Woodland Development Company. 4. Public Hearing: Preliminary Plat - Woodland Meadows II - Section 10 - Woodland Development Company. 5. Public Hearin~: Special Use Permit - Kennel License - 161 7 Hanson Boulevard NW - Vickie Hagan. 6. Public Hearing: Amend Ordinance No.8, Sections 3.02 and 7.03. Kennel Operations. 7. Amend Ordinance No. 53 - Dog Regulations. 8. Discussion - Relocate Structure - 3123 173rd Lane NW - Jeff and Juanita Thompson. 9. Other Business 10. Adjournment o Q.h.-Y'-Otd ~ ~ - \J 0 - k.\ II , I C1.5 o lil""O"~~-'-""'\ " ..L . h'..A I ". " CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W, . ANDOVER, MINNESOTA 55304 . (612) 755-5100 PLANNING AND ZONING COMMISSION MEETING - MARCH 28, 1995 MINUTES The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Jay Squires on March 28, 1995, 7:00 p.m. at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Maynard Apel, Catherine Doucette, Bev Jovanovich, Jeffrey Luedtke, Randy Peek, Jerry Putnam None Assistant City Engineer, Todd Haas Code Enforcement Officer, Jeff Johnson Others Commissioners absent: Also present: APPROVAL OF MINUTES March 14, 1995: Correct as written. o MOTION by Jovanovich, Seconded by Doucette, to approve the Minutes. Motion carried on a 6-Yes, 1-Present (Squires) vote. PUBLIC HEARING: PRELIMINARY PLAT - TIMBER MEADOWS III - SECTION 17, WOODLAND DEVELOPMENT COMPANY o 7:02 p.m. Mr. Haas reviewed the proposed preliminary plat of Timber Meadows 3rd Addition. The proposed subdivision consists of 14 single family rural residential lots. Variances on Lot 2 of Block 1, Lots 1, 3, and 5 of Block 2, and Lots 1 and 3 of Block 3 are requested because they do not meet the definition regarding the minimum requirements of the front setback line of 300 feet. The definition of the front lot line is an item that has been brought to the Review Committee but is one that the City never really enforced before. Staff will be asking the Council to have the Planning Commission eliminate that language for the rural area because of the large lots, which would eliminate all of those variances. In addition, a variance for Lot 2 of Block 2 is requested as the lot is proposed to front onto an existing Municipal State Aid Street. No direct access will be allowed onto Round Lake Boulevard. Woodland Development has also requested to vary from applying for a Special Use Permit for a sign in conjunction with the preliminary plat. The intent is to make that application at a later date. The developers are also asking that the easement through Lot 2 of Block 1 be vacated, which must be done by the City Council. Mr. Haas also noted the parcel is very difficult to develop and asked whether the Commission preferred the lots as proposed or whether they would prefer that they be squared off, which would mean granting additional variances for frontages and acreage. The difficulty with the odd-shaped lots is the confusion caused with property owners not knowing where the lot lines are, plus the possibility of locating buildings on one lot that may not be aesthetically desirable to abutting lots. r-\ U o Regular Andover Planning and zoning Commission Meeting Minutes - March 28, 1995 -", Page 2 C) (Public Hearing: Preliminary Plat, Timber Meadows III, Continued) Mr. Haas also addressed several questions raised by the Commission. The driveway onto l6lst Avenue is being proposed between the two wetlands, which Staff finds acceptable. For safety purposesr the City can make a stipulation that the driveway onto l6lst be placed as far away from the intersection of Round Lake Boulevard and l6lst Avenue as possible. The City is not aware of any proposed right-of-way changes for Round Lake Boulevard in the future. Bvron Westlund, Woodland Development - stated they show a sign easement and approximate location for a sign. The Special Use Permit application for the sign has been submitted and will be on the next Planning Commission agenda. He understood they cannot erect a sign until the Special Use Permit is granted. Commissioner Peek suggested a condition of the preliminary plat be that no sign be allowed until the Permit is granted, that it not be a variance. MOTION by Luedtke, Seconded by Jovanovich, to open the public hearing. Motion carried unanimously. 7:16 p.m. ( ) '-- -../ Mr. Westlund - explained one notable change from the sketch plan is they took out the proposed commercial area in the southeast corner. That is the reason for the variance request for a driveway directly onto l6lst Avenue. He also informed the Commission they have a potential purchaser for Lots 1 and 2 by Hope Lutheran Church, which he understands is allowed in residential areas with a Special Use Permit. MOTION by Putnam, Seconded by Luedtke, to close the public hearing. Motion carried unanimously. 7:17 p.m. Commissioner Apel generally opposed the trapezoidal lot configuration in an attempt to meet the letter of the ordinance. He felt the City would be better off allowing the development of rectangular lots and granting the necessary variances rather than gerrymandering them to meet the ordinances. It makes a better-looking development and will eliminate conflicts in the future with neighbors. Mr. Westlund stated they would prefer to have the lot lines straightened out, because it does make a better lot. Commissioner Putnam also felt the lot lines as proposed would be very confusing for the homeowner. Mr. Haas stated to straighten the lines means variances would be required for Lot 4 of Block 2 and Lot 2 of Block 3. Discussion was also on the large number of variances. Mr. Haas explained this is the first time the definition for front setback minimum requirements is being enforced. Several Commissioners agreed if that provision of the ordinance has not been enforced in the past, that the provision should be changed or eliminated. They didn't think it mattered which was the front as long as there is the width of 300 feet. ~) MOTION by Peekr Seconded by Jovanovich, to forward the attached Resolution on to the City Council with the recommendation for approval with one adjustment; that is Item 2 be changed to say that a sign shall u ,\ U Regular Andover Planning and Zoning Commission Meeting Minutes - March 28, 1995 Page 3 \ ) (Public Hearing: Preliminary Plat, Timber Meadows III, Continued) not be erected on the property until a Special Use Permit is applied for and obtained in accordance with the Zoning Ordinance. DISCUSSION: Chairperson Squires noted the motion is to approve the plat as presented with the lot lines as presented. Motion carried on a 6-Yes, 1-No (Apel) vote. This will be placed on the April 18, 1995, City Council agenda. 7:25 p.m. PUBLIC HEARING: PRELIMINARY PLAT - WOODLAND MEADOWS II - SECTION 10 - WOODLAND DEVELOPMENT COMPANY CJ 7:25 p.m. Mr. Haas reviewed the proposed preliminary plat of Woodland Meadows II, which consists of 17 single family rural residential lots. As with the last plat, variances are requested for seven lots which do not meet the definition for front lot line per the ordinance. Variances are also being requested for filing the Special Use Permit application for a sign in conjunction with the preliminary plat, because the plat does not cover all of the owner's contiguous land, and for Lot 3 of Block 2, because the lot does not meet the 300-foot width at the building setback line. The developer is purchasing the land from the Humphrey's, who are retaining a portion of the parcel for themselves; and at the present time it is considered all one parcel. That is the reason for the contiguous land variance at this time. One other variance will be needed that is not on the Staff report, and that is to vary from Ordinance 10, Section 9.06, buildable area, as Lot 4 of Block 4 does not meet the 150 x 150-foot minimum pad. This has been acceptable in the past to avoid the wetlands. Commissioner Peek pointed out Lot 1 of Block 3 is 2.49 acres. Mr. Haas agreed and stated that can be adjusted to meet the 2.5-acre minimum requirement. He also noted that the location of 170th Lane where it bends to the north travels along the contour. MOTION by Doucette, Seconded by Peek, to open the public hearing. Motion carried unanimously. 7:35 p.m. Bvron Westlund, Woodland Development - stated they worked very hard to develop around the wetland. He agreed the acreage in Lot 1 of Block 3 can be adjusted to 2.5 acres. The request for a variance on Lot 3 of Block 2 is to keep sufficient space for the house to be set back away from the power lines. The rest of the variances are for lot frontage definitions. They do have 300 feet of frontages on those lots, but they do not meet the definitions. They have a contract to purchase the property from the Humphrey's, who will be retaining a portion of the home site. Mr. Haas stated the new revisions to the ordinance will require contiguous property to be shown in the sketch plan stage. This plat comes under the existing "old" ordinance. () Dan Olson. 1971 167th Avenue - had a lot of people trespass onto his property when Woodland Meadows I was developed. He asked if fence lines are going to be installed to protect the property owners. Mr. Westlund stated no. o /' -" u Regular Andover Planning and Zoning Commission Meeting Minutes - March 28, 1995 Page 4 ~J (Public Hearing: preliminary Plat, Woodland Meadows II, Continued) Mr. Olson - asked if the developer would be willing to help defray the cost of installing fencing. Mr. Westlund stated they would not be willing to do that. Patrick Ayers, 17132 Swallow - stated Swallow is now a deadend street. Will he be charged for the extension of Swallow to connect with the new plat? Mr. Westlund explained it will be his responsibility for making the improvements and paying for them. There will be no assessments to others. Mr. Ayers - asked how they can build on Lots 1 and 2 because of the power lines. He also asked about protecting the wetlands and noted the only entrance is off Verdin. Mr. Westlund stated they can build up to the easement but not on it. The wetlands delineation has been done; they have to avoid all the wetlands. Mr. Haas stated the City will be hiring someone to verify the wetland delineations. The developers will not be allowed to do any filling in the wetlands. There is also an entrance at Swallow and one that will eventually go south to the 167th Lane easement. CJ Mr. Ayers - was concerned with only those two entrances for 17 homes and that it will create a lot of traffic. Mr. Haas thought most of the traffic will exit onto Verdin, with very little going through Swallow Street. Commissioner Jovanovich asked if there is any concern with the petroleum pipeline through the property. Mr. Westlund stated all utilities have been notified. Originally the easements blanketed the entire parcel. They have worked with each utility to identify the easements, and all easements are now recorded. They have not done any cutting over the pipeline to minimize the risk of any damage to it. Mr. Haas stated the location of easements are shown on the final plat, so that information is available to anyone who wishes to purchase the property. Chairperson Squires noted any easements would also show up on a title search. In response to questions from residents, Mr. Westlund stated they will begin construction as soon as they receive City Council approval in April. Mr. Haas also noted the developers are required by law to stabilize the site and to maintain erosion control. If the residents have any complaints, they should contact the City. Mr. Westlund also stated the proposed sign will be the same as the other Woodland Meadows signs. They do have numerous covenants on the lots regarding the size of the homes, setbacks, no junk vehicles, etc., trying to preserve property values. C) MOTION by Luedtke, Seconded by Jovanovich, to close the public hearing. Motion carried unanimously. 7:46 p.m. Commissioner Luedtke asked if there is enough buildable area for the houses given the large amount of wetlands on the property. Mr. Haas (j o Regular Andover Planning and Zoning Commission Meeting Minutes - March 28, 1995 Page 5 c ) (Public Hearing: Preliminary Plat, Woodland Meadows II, Continued) stated from what they can tell by the soil borings, Staff felt what is proposed is acceptable. The developer has done a very good job of trying to avoid the existing wetlands within the plat in laying out the streets and developing the lots. Chairperson Squires asked about the trail across the top of the plat. Mr. westlund explained Mr. Hoffman had an easement from Mr. Humphrey to get to the sod farms. Now Mr. Hoffman has access from Hanson Boulevard, and that easement has been quit claimed to his firm. MOTION by Apel, Seconded by Peek, that the Planning and Zoning Commission forward to the City Council a Resolution approving the preliminary plat of Woodland Meadows II, making a change in Number 2 so that it matcheSof1-.he,..,ReSolution previously concerning the Special Use . C'-V'eo..: I ~'i-<~ ep..."l'i C.., '5, a"5 . Perm~t for a rea Qst~tc 5~gI,~ Note there were some res~dents that gave us input. The main thing was the easement on Swallow Street and the fact that there was some concern over trespass. Add Lot 4, Block 4 as another variance from Ordinance 10, Section 9.06A3 for the 150 x 150- foot pad area. Recommend that Lot 1, Block 2 be redrawn to conform to the minimum acreage. Motion carried unanimously. This will be placed on the April 18, 1995, City Council agenda. 7:50 p.m. r " o PUBLIC HEARING: SPECIAL USE PERMIT - KENNEL LICENSE - 16157 HANSON BOULEVARD NW - VICKIE HAGEN 7:50 p.m. Mr. Johnson reviewed the applicable ordinances and criteria to be examined for the Special Use Permit requested by Vickie Hagen for a kennel license to house up to eight adult dogs at 16157 Hanson Boulevard NW. Staff has received no comments, written or verbal, on the request. MOTION by Jovanovich, Seconded by Putnam, to open the public hearing. Motion carried unanimously. 7:56 p.m. ~ ) Vickie Haqen, 16157 Hanson Boulevard - noted she's lived there since October 15, 1994, but has lived in Andover for three years on Fox Street where she had five dogs on 2.5 acres with no complaints. All of her dogs are Shetland Sheepdogs that weigh an average of 25 pounds; one she's had for 19 years. She has had up to ten adults at one time when living in Burns Township. In Brooklyn Park she had five of them with no complaints. They are all champion sired. She has had only three litters in 11 years. At the present time, only one is show quality. She's asking permission for eight because the ones she has average five to six years old and are not placable. They are her house pets. Her lot is over six acres, with an area fenced off. It is total woods, so no one can see them. The dogs are in the house at night. She had four of them debarked about a month ago since the one neighbor complained. That complaint resulted when the neighbor was fishing in the pond, which is actually on her property, and the dogs saw him and barked from the fenced area. She called her neighbor to tell him she was applying for this license, and he stated he has not heard the dogs since his (J o Regular Andover Planning and Zoning Commission Meeting Minutes - March 28, 1995 Page 6 ':~J (Public Hearing: Special Use Permit/Kennel License, Continued) complaint and that he had no problem with the request. The other neighbor has never heard her dogs. The dogs are always within the fenced area and never allowed to run free. Since the complaint she has never let them out during the day. She would also debark any other dogs she gets. MOTION by Putnam, Seconded by Leudtke, to close the public hearing. Motion carried unanimously. 8:05 p.m. Commissioner Doucette stated she did call the neighbors, and the only concern was the potential for barking if there are more dogs. Ms. Hagen stated she is a breeder and would not buy more dogs. She breeds them to champions around the country. She would not have big dogs and hoped her dogs would never go onto the neighbors' properties. Commissioner Jovanovich wondered if there was a health concern with housing eight adult dogs. Mr. Johnson was not aware of any. Ms. Hagen stated they all have their shots, and she picks up the yard every day. " " ,--.J MOTION by Putnam, Seconded by Doucette, that we approve the Special Use Permit request from Vickie Hagen for a kennel license at 16157 Hanson Boulevard with the four conditions that are attached. Add the condition the two additional dogs brought to the six currently housed also receive the debarking since there have been complaints from the adjoining property owners about the barking. DISCUSSION: After Commission discussion in which the majority did not feel they could require the debarking and the notation that the person originally complaining did give the applicant verbal agreement to the proposal, Commissioner Putnam AMENDED the motion: strike the part relating to the condition for debarking; that a public hearing was held and strike the reference to the letter received. Second Stands. Motion carried unanimously. This will be placed on the April 18, 1995, City Council agenda. 8:10 p.m. PUBLIC HEARING: AMEND ORDINANCE NO.8, SECTIONS 3.02 AND 7.02. KENNEL OPERATIONS 8:10 p.m. Mr. Johnson reviewed the proposed amendment to distinguish between private and commercial kennel operations. MOTION by Doucette, Seconded by Jovanovich, to open the public hearing. Motion carried unanimously. 8:13 p.m. Otto Pfeiffer, 15400 Rose Street - asked how many kennels there are in Andover. Also, are cats included? Mr. Johnson was aware of only one commercial kennel, but there are a number of private kennels in the R-1 district. Cats are not included in the ordinance. c_ ) MOTION by Luedtke, Seconded by Jovanovich, to close the public hearing. Motion carried unanimously. 8:15 p.m. () ~ l ~~ Regular Andover Planning and Zoning Commission Meeting Minutes - March 28, 1995 ,,-, Page 7 I / (Public Hearing: Amend Ordinance 8, Kennel Operations, Continued) MOTION by Apel, Seconded by Jovanovich, to table our final decision on Agenda Item 6 until after No. 7 has been discussed and Ordinance 53 has been amended. Motion carried unanimously. AMEND ORDINANCE NO. 53 - DOG REGULATIONS Mr. Johnson reviewed the proposed amendment to Ordinance No. distinguish between private and commercial kennel operations. Commission recommended the following changes: 53 to The " " '-) Page 2, Section 19: There was concern with the section as written with the process that a resident must get approval from all neighbors within 300 feet before a license will be granted or renewed. The Commission felt the intent is to be sure the residents are aware of the request and that they are given an opportunity to voice their opinions; but they did not feel it is practical to require unanimous approval nor should the residents be given the authority to either allow or deny such requests. It was agreed to change the wording to: .A private kennel license can only be issued in R-l, Sinole Family Rural Zonino Districts and shall not be issued unless abuttino property owners have been oiven notice of the proposed application and a reasonable opportunity to comment on the application unless the applicant's property is 300 feet or more from any structure.. They also felt it is the City's responsibility to notify the abutting property owners of the request. Page 2, process for the Section 18: The Commission felt the steps of the renewal should be spelled out, that application must be made each year renewal with the fee and approved by the City Council. Page 3, Section 23, 2. Commissioner Doucette presented a drawing and proposed a revision to the wording of the placement of a dog enclosure to provide an option of a 10-foot setback from the side and back lot line. After discussion, the other Commissioners felt the size of the dog enclosure meeting the language as proposed is sufficient, that the 30-foot sideyard setback was not too restrictive. Plus residents still have the option of requesting a variance for the size. No change was agreed to. Page 3, Section 23,4. Change ....to an adiacent property owner may be reouired... to ....to an adiacent property owner shall be reouired.... Correct spelling of .duly authorized aoent.. .~) MOTION by Peek, Seconded by Jovanovich, to forward Ordinance No. 53E on to the City Council with a recommendation for approval with the three following changes: Section 19, adjust that paragraph as discussed previously (see underlined portion in above paragraph); Section 23, paragraph 4, change .may. to .shall" in the sixth line and add that Staff prepare a section addressing the annual renewal of the private license. Motion carried on a 6-Yes, l-No (Doucette) vote. f '\ , ) . I '-./ Regular Andover Planning and zoning Commission Meeting Minutes - March 28, 1995 Page 8 ,F ) AMEND ORDINANCE NO.8, SECTIONS 3.02 AND 7.02 - KENNEL OPERATIONS, CONTINUED MOTION by Peek, Seconded by Jovanovich, to forward the Ordinance Amendment of Ordinance No. 8 as presented to the City Council with the recommendation for approval. A public hearing was held and there was some basic questions, but no significant comment regarding the ordinance amendment. Motion carried unanimously. DISCUSSION - RELOCATE STRUCTURE - 3123 173RD LANE NW - JEFF AND JUANITA THOMPSON ! -'. Mr. Johnson reviewed the request of Juanita and Jeff Thompson to relocate a single family homer currently located north of Andover City Hall on the site of the new middle school, to 3123 173rd Lane. He noted the applicable ordinances, plus the Thompsons would like a variance to allow two primary structures on the property for 120 days until the new home is habitable and the manufactured home already on the property can be removed. The new home will be set on a foundation with a walk-out basement, will be reroofed and new siding installed. There is a non- conforming garage on the parcel; however, the Building Department does not have a problem with it. The intention is that the garage would remain. The applicants will work with the Building Department on the move itself and meeting all applicable building codes. \ ...J' Commission discussion was that the new home would enhance the existing parcel, that the City has allowed two primary structures on a parcel for 120 days in the past to allow residents to live in one while there is construction on the other, and that the non-conforming garage is not a part of the request for relocation. MOTION by Apel, Seconded by Peek, that we recommend to the City Council from the Planning and Zoning Commission that they approve the request to move the single family home on the property as indicated. We rely on the Building Inspector and Building Department to make sure the house conforms to all the necessary setbacks and building requirements. Also recommend that the City Council grant the variance from the two residences requirement for a period of 120 days after the building permit is pulled in order to give the Thompsons a place to live while they renovate the new home. The building permit must be pulled within 30 days of moving the house onto the site. Motion carried unanimously. MOTION by Apel, Seconded by Doucette, to adjourn. unanimously. The meeting was adjourned at 9:00 p.m. Motion carried ) Res~~ ~la A. Peach, Recording Secretary