HomeMy WebLinkAboutOctober 10, 1995
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7:00 p.m.
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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
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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.
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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.
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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
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Regular Andover Planning and Zoning Commission Meeting
Minutes - October 10, 1995
, Page 2
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(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.
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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.
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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.
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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
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Regular Andover Planning and Zoning Commission Meeting
Minutes - October 10, 1995
Page 5
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(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.
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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.
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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.
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Mar~e,lla A. Peach-, Recording Secretary