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HomeMy WebLinkAboutOctober 10, 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 AND ZONING CONMISSION MEETING AGENDA October 10, 1995 1. Call to Order 2. Approval of Minutes - September 26, 1995 3. Public Hearing: Preliminary Plat - Nightingale Ridge - North Suburban Development Company. 4. Public Hearing: Amend Ordinance No.8, Section 4.05, Accessory Buildings and Structures. 5. Other Business 6. Adjournment o .~~ ~f'VY\..{l u'\ ~ ~ V"'" -y- \0 I.;tLJ lq5 o CITY of ANDOVER PLANNING AND ZONING COMMISSION MEETING - OCTOBER 10, 1995 MINUTES The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Jay Squires on October 10, 1995, 7:04 p.m. at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioner absent: Also present: Maynard Apel, Catherine Doucette, Bev Jovanovich, Jeffrey Luedtke, Randy Peek Jerry Putnam Assistant City Engineer, Todd Haas City Planning Director, David Carlberg Others . Commissioners present: APPROVAL.OF MINUTES September 26, 1995: Correct as written. o MOTION by Jovanovich, Seconded by Doucette, to approve the Minutes as presented. Motion on a 2-Yes, 4-Present (Squires, Apel, Luedtke, Peek), 1-Absent {Putnam}, vote. PUBLIC HEARING: PRELIMINARY PLAT - NIGHTINGALE RIDGE - NORTH SUBURBAN DEVELOPMENT COMPANY 7:05 p.m. Mr. Haas reviewed the proposed preliminary plat of Nightingale Ridge being developed by North Suburban Development. The area is zoned R-1 and is proposed to be platted into six single family rural residential lots. The Andover Review Committee is recommending approval of variances to the minimum 300-foot lot width at the front setback line for Lots 1 and 2 of Block 2 and Lot 1 of Block 3 because they will not have an effect on the health, safety and general welfare of the community. The Committee is also recommending that Outlot A either be combined with the Julsrud/Heidelberger property prior to recording the final plat or that it be eliminated and be part of Lot 1, Block 3. Because the surface water will be discharging onto the Family of Christ Lutheran Church property, it will be necessary for the church to deed a drainage and utility easement for the 100-year flood elevation and the proposed storm sewer. The Church has agreed to allow that drainage onto their property. In addition, the church will be required to submit a letter to the City that they will maintain and clean the pond. If they fail to do so, the City will have the right to maintain it and bill the work back to the church. Mr. Haas also noted the conditions cited in the proposed Resolution approving the preliminary plat. o In discussions with the Commission, Mr. Haas pointed out all lots will have at least 39,000 square feet 6 1/2 feet above the seasonal high water table and a 150x150-foot building pad. Some areas are being filled to meet those requirements, but it will not infringe on any , \ ,j '\ '-../ Regular Andover Planning and Zoning Commission Meeting Minutes - October 10, 1995 , Page 2 , ) (Public Hearing: Preliminary Plat - Nightingale Ridge, Continued) wetland. The pond on the Family of Christ property will be enlarged as a part of this project. All surface water requirements for ponding will be met. A corner of Lot 1 shows a drainage easement over the area which is part of the pond. Commissioner Apel noted a sketch plan was submitted on this parcel in 1992, and there was enough input at that time that it is now being brought in as a preliminary plat. The sketch plan had one more lot than this proposal. He agreed with Staff on the variance because the plat meets the spirit of the ordinance. MOTION by Apel, Seconded by Jovanovich, to open the public hearing. Motion carried on a 6-Yes, 1-Absent (Putnam) vote. 7:13 p.m. There was no public testimony. MOTION by Apel, Seconded by Luedtke, to close the public hearing. Motion carried on a 6-Yes, 1-Absent (Putnam) vote. 7:13 p.m. Mr. Haas explained that the cul-de-sac at the end of Linnet Street is a temporary one. The intent is that the road will go through when the property to the south develops. MOTION by Apel, Seconded by Peek, that the Planning and Zoning Commission forward to the City Council the Resolution prepared by Staff \ recommending the approval of the preliminary plat of Nightingale Ridge ) as presented. Motion carried on a 6-Yes, 1-Absent (Putnam) vote. This will be placed on the November 7, 1995, City Council agenda. 7:15 p.m. PUBLIC HEARING: AMEND ORDINANCE NO.8, SECTION 4.05, ACCESSORY BUILDINGS AND STRUCTURES 7: 15 p. m. Mr. Carlberg explained the proposed amendment to Ordinance 8, Section 4.05, to exempt the 440-foot requirement in. ~fl~ft~ing accessory building square footage requirements. Currentl~l~tesldential properties are required to have a minimum 440-foot garage. The concern has come when the garage is detached and has been counted against the size of an accessory building. This should have no impact on the size of pole buildings. MOTION by Doucette, Seconded by Luedtke, to open the public hearing. Motion carried on a 6-Yes, 1-Absent (Putnam) vote. 7:18 p.m. There was no public input. MOTION by Peek, Seconded by Jovanovich, to close the public hearing. Motion carried on a 6-Yes, 1-Absent (Putnam) vote. 7:18 p.m. MOTION by Peek, Seconded by Luedtke, to forward the ordinance amendment as drafted by Staff to the City Council with the recommendation for approval. Motion carried on a 6-Yes, 1-Absent (Putnam) vote. This will be placed on the November 7, 1995, City Council agenda. 7:20 p.m. , \ I \ J "J '\ , ./ \ ,j ~) Regular Andover Planning and Zoning Commission Meeting Minutes - October 10, 1995 Page 3 OTHER BUSINESS Defini tion of family - Mr. Carlberg reviewed the discussion on the ordinance definition of "family" at the September 26 meeting and the request to meet with the City Council on this matter. The Council agreed instead that some would attend this meeting to express their opinion at this public forum. Staff has contacted the Anoka County Health and Environmental Services Department. They do regulate motels and lodging establishments under the state guidelines, which requires a minimum of 70 square feet of floor space for bedroom areas. However, there isn't anything the county or state does to regulate the square footage per person in residential dwellings. Group and foster homes also require 70 feet per bedroom unit under the Uniform Building Code. He thought it was the opinion of some on the Council that the definition of "family" previously proposed by the Commission was too broad and allowed too much flexibility. Staff has found the definitions used by other cities are either similar to the existing definition or are very broad and flexible like the one proposed by the Commission. They have not found anything regulating the number of square feet per person or cars per household. Mayor Jack McKelvey stated the views of the Council are at opposite extremes. He could have very easily approved of the definition presented by the Commission; however, Councilmember Jacobson is at the opposition end of the spectrum. He believed in the future it is possible that two families living in one house will be done in order to afford a house. In California, single parents that work different shifts live together to always provide a parent at home with the children, plus it enables them to afford housing. People making $6 or $7 an hour will not be able to afford a home in Andover; and not allowing two families to live together in a house will keep a lot of people out of the City. State legislation says Andover must furnish affordable housing, and this is one way of providing that housing. '\ J Councilmember Don Jacobson stated in viewing the Commission discussion on this item, he felt they were veering off from what he was proposing. He had problems with the newly proposed definition and would prefer to leave the existing definition, though he recognized he will lose on that issue. So his intent is to make sure that any definition is workable. His concern with the proposed definition is it essentially changes the entire residential area of the City to multiple family areas. He provided the scenario of constructing a house with 30 to 40 bedrooms but with one common kitchen, living room, etc. He thought the City owes it to the people who have purchased single family homes to make sure there won't be a problem in the future. As proposed, if three or four families live together and it becomes a problem with the number of children, the number of cars, etc., there is nothing the City can do. He hoped the Commission would look at density provisions, square footage, number of people per dwelling, etc.; not at relationships. His idea was to have the P & Z look at the ordinances in place; and if there needs to be some modifications, that they would be done before any change in the definition of "family". What is a "common housekeeping plan"? It is also a question of enforceability. This is a major change which could affect a number of people, and he wants to proceed cautiously before changing the definition so things are in place and are enforceable. \ I - .J '1 '. J . \ ,,.} ---) \ I ./ Regular Andover Planning and Zoning Commission Meeting Minutes - October 10, 1995 Page 4 (Other Business - Definition of Family, Continued) Commissioner Apel also raised the issue with a squ~ dfootage requirement of what happens to a family who has another ohil ~ and the requirement is no longer being met? Will they be required to move or add onto their house? He was afraid of getting involved in that type of situation. He also acknowledged the need to be careful so the door isn't opened to problems beyond the control of the City. Commissioner Jovanovich read an article from the American Association of Retired Persons which, according to the 1992 US Census, highlighted the increasing number of people aged 45 and over living in nontraditional family situations. There has been a sharp increase in the last 2 1/2 decades, which is expected to continue for economic reasons. More seniors are living together to share expenses, to share household chores, for safety and companionship. Non-traditional families are a fact of life, and policy-making bodies should consider making changes as this becomes the life style of the future. Councilmember Jacobson understood things are changing, which is all the more reason to make the right changes the first time. If the problem is affordability, he wondered if the issue isn't being addressed backwards. Should economic issues be addressed rather than the definition of "family"? There was considerable discussion on possible ways to address the issue. Chairperson Squire noted the areas of agreement are that everyone wants to retain the family nature of the area and that it is inappropriate to use blood relationships in defining family. He thought the focus should be to set standards to retain the character of the neighborhood. Some effort should be on exploring and developing some test or standards that would not be based on blood relations but that would effectively retain the character of the neighborhood. He proposed a task force be set up to research this issue and attempt to eliminate the problems noted with the broader definition. Bart Riordan, 4100 160th Lane stated in one of the definitions proposed by the Staff, clubs such as sororities or fraternities were specifically excluded. That may be one way to help keep the "neighborhood" atmosphere. He has driven through neighborhoods in Andover the last few weeks, and he thought theirs is a really nice neighborhood, though some ordinance provisions are not being followed by some neighbors. But all of their neighbors take pride in the neighborhood. He felt they are enhancing the neighborhood, they like Andover, and they want to make it their home. He felt a task force consisting of Councilmembers, Commissioners, and homeowners is a good idea; and one of them would also be willing to help. Sabra Burns. 4100 160th Lane - thought this issue is worthy of a task force. They didn't mean to bring up this issue for the City, but they also personally know of many people who are in violation of the ordinance as it stands but who are within the spirit of the regulations as they are. Something needs to be done and a new definition made. The \ ,j 'j ,--_J Regular Andover Planning and Zoning Commission Meeting Minutes - October 10, 1995 Page 5 , j (Other Business - Definition of Family, Continued) only thing that excepts them from being a family is pedigree. Spiritually, emotionally and economically they are one family. But it is not just them, as there are divorced people trying to bring up their children in a family atmosphere that cannot be done alone. She grew up in that situation, and she wanted her children to be in an environment where parents are always available. She has a disability that prevents her from being with the children at times. Their situation is a matter of providing family for their children. So many people have to look at alternative ways of providing family for their children, that this is worthy of a task force. It takes a whole village to raise up children. Councilmember Jacobson's concerns are worthy of attention, and there must be a way of bringing those concerns together for the benefit of everyone and allows everyone to become that community to raise the children. Councilmember Jacobson felt a task force is one way of addressing the issue as long as there is representation from a good cross section of the community and the proper guidelines are given, such as specifying the time when the report is due back. He would be willing to be on the task force, though he would be biased. J Tim Burns. 4100 160th Lane - asked if regulating only adults would resolve the situation. They are only illegal because of the children. Further discussion noted the same problems would exist, plus that of discrimination and the problem encountered as the children become adults. In further discussion, the Commission then agreed to form a task force consisting of two Commissioners, two Councilmembers and six members of the community. It is also important that there be some representative of the nontraditional life style and possibly single parents, the elderly, etc. Mr. Carlberg was directed to place advertisements in the paper and over cable TV asking for volunteers from the community to serve and to obtain a legal opinion of the ads before running them. He can also contact the churches or county representatives to invite people in the community who may be interested. He will either devise an application or ask for a background letter as to why they want to serve on the task force. Chairperson Squires and Commissioner Jovanovich agreed to serve, as well as Mayor McKelvey and Councilmember Jacobson. The Commission agreed to those four volunteers. Sabra Burns also stated she would like to be on the task force. Mr. Carlberg stated Staff will be attending the meetings and providing information as needed. Legal counsel would not be needed until more specifics are determined. Council action on October 3 meeting Mr. Carlberg updated the Commission on the actions taken by the City Council at their regular meeting of October 3. " ) MOTION by Doucette, Seconded by Luedtke, to adjourn. Motion carried on a 6-Yes, 1-Absent (Putnam) vote. The meeting was adjourned at 8:22 p.m. "'-'- \{~t~~-t:~~~l Mar~e,lla A. Peach-, Recording Secretary