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HomeMy WebLinkAboutJuly 25, 1995 ..--, u ~f)oA ~ ~ '../r- e / ,,6/ '1,5 o CITY of ANDOVER PLANNING AND ZONING COMMISSION MEETING - JULY 25, 1995 MINUTES The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Jay squires on July 25, 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 City Planning Director, David Carlberg Others CommissionerS absent: Also present: APPROVAL OF MINUTES ,. July 11, 1995: Page 5, Discussion on Therapeutic Massage Ordinance, 'change Ordinance No. 109 to Ordinance No. 110. o MOTION by Luedtke, Seconded by Jovanovich, to approve the Minutes as modified by Staff. Motion on a 4-Yes, I-Present (squires)r 2-Absent (Peek, Putnam), vote. PUBLIC HEARING: AMEND ORDINANCE NO.8, SECTION 3.02, DEFINITIONS - REVIEW AND DISCUSS DEFINITION OF .FAMILY" Mr. Carlberg explained the City Council has directed the Planning and Zoning Commission to review the definition of "family" as a result of an appeal of a Staff decision not to allow two single families to reside in one single family residence. In researching this item, Staff received little information that was helpful. He has just received a letter from the City Attorney, which he has not had time to review, Staff is requesting the item be tabled to the August 8 meeting. The Burns and Riordans, who made the appeal, will be notified of this, everyone will be provided the additional information, and there will be another public notification of the hearing. . " MOTION by Apel, Seconded by Jovanovich, to remove this from the Agenda and bring it on the August 8 Planning and Zoning Commission meeting. Motion carried on as-Yes, 2-Absent (Peek, Putnam) vote. VARIANCE - SIDE YARD SETBACK FROM STREET - 3931 158TH AVENUE NW - SUSAN PORTUGUE o Mr. Carlberg reviewed the request of Susan portugue to construct a three-season porch addition and deck on a lawfully existing nonconforming single family residence in an R-2 Single Family Estates. The parcel is 2.1 acres in size. The residence encroaches 20 feet into the required side yard setback from the street, which is the reason for u (j Regular Andover Planning and zoning Commission Meeting Minutes - July 25, 1995 Page 2 ,. (J (Variance - Side yard Setback/3931 158th Avenue - Portugue, Continued) the variance. Neither the proposed 16 x 16-foot three-season porch nor the approximately 16 x 20-foot proposed deck will encroach into the setback. He reviewed the applicable ordinances. The house was built in 1973 and complied with the setback of 20 feet in an R-2 zone at that time. The City has since changed the setback requirement to 30 feet in 1984 and again to 40 feet in 1993. Staff is recommending approval. Commissioner Apel noted the nonconformance resulted from the action of the elected officials. He felt there is some danger in designating something nonconforming for homeowner's insurance reasons. Since the City created the problem and there is an obligation to protect the citizens, he was in favor of the variance. Susan Portuque - stated they purchased the house about six years ago. There was a deck which they just tore down because it was rotten. They want to replace it with a three-season porch and a larger deck. Mr. Carlberg explained because it is a lawfully existing nonconforming use, if the deck were of the same size, there would not be an issue~ Because of the addition and the enlargement of the deck, the variance is required. Chairperson Squires agreed with the variance because the proposed additions are not narrowing that 20-foot encroachment into the setback. :.) MOTION by Doucette, Seconded by Jovanovich, to forward to the City Council a recommendation of approval of the Resolution approving the variance request of Susan portugue which requires a 40-foot sideyard setback for the property located at 3931 158th Avenue NW. Motion carried on a 5-Yes, 2-Absent (Peek, Putnam) vote. This will be placed on the August 15r 1995, City Council agenda. DISCUSSION - ORDINANCE FOR THE ESTABLISHMENT OF SEED/SOD REQUIREMENTS FOR ALL RESIDENTIAL DISTRICTS Mr. Carlberg reviewed the draft ordinance establishing turf requirements of sod and seed. The City has received complaints, mostly in the urban areas, from people who establish nice sod yards; but the neighbor then builds and does not put in a yard. The sand blows from the neighbor's yard and kills the sod. The boulevards are required to be sodded as a part of the construction, but not private yards. It is not~a serious problem, but other communities have adopted a similar ordinance. The recommendation is to set a minimum of four inches of top soil, stabilized by seeding or sodding within one year of the issuance of the Certificate of Occupancy. In discussing the ordinance, there was a consensus that the ordinance itself is warranted. It was suggested that some language be added to " allow for variations when the issue of wetlands or other exceptions is ,_.J involved. Discussion was on the type of topsoil required and even the need for it. It was felt that some topsoil is needed for successful growth of sod or seed. Commissioner Luedtke suggested a broader requirement such as "suitable topsoil adequate to support growth" and CJ ':.) :_) u 1'\ \.../ Regular Andover Planning and zoning Commission Meeting Minutes - July 25, 1995 Page 3 (Discussion - Ordinance on Turn Establishment, Continued) leave it to the determination of the property owners. Mr. Carlberg noted the four-inch requirement is already required for boulevards. The Commission then suggested an addition of the topsoil specifications as defined in the Platting Ordinance to this ordinance so this is all inclusive. Commissioner Jovanovich stated there may be a desire not to sod or seed in the 2 Ij2+-acre lots, preferring instead to leave it natural. Commissioner Apel felt caution must be taken because there are many kinds of ground covers that are recommended for yards, some of which do not conform to the nicely mowed lawn. The courts have found in favor of the homeowners unless it is noxious weeds. \. Mr. Carlberg again stated the problem is not in the rural area but in the urban. Commissioner Doucette felt the requirement of turf establishment within one year is a financial hardship. Four inches of topsoil and seed or sod is very expensive. She would prefer a three- year requirement; however, she'd compromise with two years. Commissioner Jovanovich agreed it is a financial hardship unless the developer or builder rolls the cost into the mortgage. Commissioner Luedtke noted if it is included as a part of the mortgage, it has to be done before moving in. It made no difference to him whether the requirement is one or two years. Commissioner Apel supported the one- year requirement. Chairperson Squires felt the purchaser of a home always has the option of placing that cost into the mortgage and having it done by the builder. Seeding is cheap. He felt two years is a long time, that a year is adequate time to establish turf in a yard. .possibly there could be some provision for Staff to vary somewhat in cases of hardship. Mr. Carlberg stated Staff would work with the homeowners if they are making a reasonable attempt to meet the requirements. There is no variance provision in the ordinance. Chairperson Squires did no~ support exemptions. The requirements should be understood and consistently enforced. The Commission agreed to give further thought to the time requirement and discuss it again at the August 8 meeting. . \, The Commission also discussed the application of the ordinance retroactively. Mr. Carlberg stated he would include a provision in the ordinance, as well as the other two modifications on the definition of topsoil and provision for wetlands, and bring the item back to the Commission at their August 8 meeting. OTHER BUSINESS Review City Council Actions - Mr. Carlberg reviewed the actions of the City Council taken at their July 5 and July 18 meetings. Signs in Boulevards Commissioner Jovanovich noted the concern expressed by the Council on the College Pro Painters signs in the boulevards. She stated she did call the number on the sign and asked if they had permission to put the signs in Andover. The person didn't know but would contact the person who placed them in the City. Within one or two days all of the signs were gone. Mr. Carlberg stated the Staff has a difficult time enforcing the smaller signs in the boulevards. They are removed at intersections if there are visual problems. \, , ') '---' ( \ --/ Regular Andover Planning and Zoning Commission Meeting Minutes - July 25, 1995 Page 4 \. ~) (Other Business, Continued) Update on Metropolitan Council - Mr. Carlberg updated the Planning Commission on the 6esults~o..\~ft~ c.meetM'i- with the Metropolitan Council Staff and ~~pr~. om ~ . o~e Council has agreed to reactivate the review of Andover's Comprehensive Plan which was submitted in 1991 and not hold it up based on the on-site septic system issue. They are going to use Andover as a pilot program, with Andover collecting data regarding the septic systems. Andover has been monitoring the situation for many years and has not had the problems some cities in the south have had. Externalities - Commissioner Doucette understood the City Council had an all-day meeting on externalities. Mr. Carlberg explained it was a meeting with the Facilitators to discuss where they see Andover going and how it will be ultimately developed. The Facilitators will formulate that information into a mission statement. \. MOTION by Doucette, Seconded by Luedtke, to adjourn. Motion carried on a 5-Yes, 2-Absent (Peek, Putnam) vote. The meeting was adjourned at 7:56 p.m. ) Respectfully submitted, Th~~ __ ~~~ella A. Peach Recording Secretary \, , '\ \ )