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HomeMy WebLinkAboutOctober 24, 1995 () o (j 7:00 p.m. . o o CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.w. . ANDOVER. MINNESOTA 55304 . (612) 755-5100 ANDOVER PLANNING AND ZONING COMMISSION MEETING AGENDA October 24, 1995 1. Call to Order 2. Approval of Minutes - October 10, 1995 3. Variance Continued - Construction of an Addition on a Non-conforming Lot and Structure - 14905 Crosstown Boulevard NW - James Martensen. 4. Sketch plan - Timber Oaks Estates - Section 36 - Woodland Development Company. 5. Other Business 6. Adjournment o o o o o ~ ~\IIJ.4lq5 CITY of ANDOVER PLANNING AND ZONING COMMISSION MEETING - OCTOBER 24, 1995 MINUTES The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Jay Squires on October 24, 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 City Planning Director, David Carlberg Others Commissioners absent: Also present: APPROVAL'OF MINUTES October 10, 1995: Page 2, PUBLIC HEARING: AMEND ORDINANCE NO.8, SECTION 4.05, first paragraph, second sentence, change to: "Currently single family residential properties are required to have a minimum 440-foot garage." Page 4, first paragraph, first sentence, change "children" to "child". MOTION by Peek, Seconded by Doucette, to approve the Minutes as amended. Motion carried on a 6-Yes, 1-Present (Putnam) vote. VARIANCE CONTINUED - CONSTRUCTION OF AN ADDITION ON A NONCONFORMING LOT AND STRUCTURE - 14905 CROSSTOWN BOULEVARD NW - JAMES MARTENSEN Mr. Carlberg reviewed the letter from Jon Olson of the Anoka County Highway Department which explained the county's position on the parcel in question. Negotiations to purchase the parcel for right-of-way purposes broke down when they were not able to reach an agreement on the purchase price of the property. Also, since the county overlaid Crosstown Boulevard approximately two years ago, the upgrading of the road has been deleted from the Anoka County Five-Year Plan. It is estimated that reconstruction of that portion of Crosstown Boulevard between Andover Boulevard and CSAH #78 will not take place for another eight to twelve years. The intent was to acquire the entire parcel for the proposed right-of-way. Mr. Carlberg explained the variance is to allow the additions onto the single family residence. Because the parcel is zoned General Recreation, the structure is a legally existing nonconforming structure, as single. family residences are not allowed in the GR District. If the structure is damaged beyond 50 percent of its value for any reason, it would be made to comply with current ordinances. Commissioner Apel abhorred that regulation because the property was made nonconforming through the ~J o Regular Andover Planning and Zoning Commission Meeting Minutes - October 24, 1995 Page 2 ~) (Variance Addition on a Nonconforming Lot and Structure, 14905 Crosstown Boulevard, Continued) actions of the governmental agencies, which he considers a regulatory taking. The amount offered by the county was not enough to allow the owner to acquire another home. Over the years the government regulations have taken away the enj oyment by the owner and will take away the property if there is a disaster because the property becomes worthless. Jim Martensen. 14905 Crosstown Boulevard - understood that his home currently does meet the setback requirements. He is 50 feet from the right of way. Mr. Carlberg explained the county is now requesting 120.. foot right-of-ways; however, it does meet the setbacks for the existing 66-foot right-of-way. Mr. Martensen - ~oted the county is not looking to reconstruct the road for another 10 to 12 years. The proposed addition would also bring the structure into compliance with the square footage requirements of the ordinance. Mr. Carlberg explained this is a GR District, where single family residences are not allowed; however, the proposed addition would upgrade the structure to meet the minimum 960 square-foot requirement in residential zones. Even before the rezoning to GR, the parcel did not meet the minimum requirements for the R-1 zone. Commissioner Putnam didn't think there was an objection to the variance 'J request per se when it was discussed at the September 26 meeting. The item was tabled to obtain more information. He does agree with Commissioner Apel. Variances have been granted in the past where properties have become nonconforming due to governmental action. Commissioner Apel again stated it is the City's regulations that caused Mr. Martensen problems, that is the widening of the road and the change in zoning. In the past the Councils have found ways to allow these types of requests when the problems resulted from the City's action. Chairperson Squires asked if the variance to allow the enlargement of a nonconforming use would be considered a use variance. Mr. Carlberg thought it could be determined that way. The addition to the structure cannot be constructed without action by the City to allow it. When the City rezoned the property, it was understood that the county was acquiring it for right-of-way purposes and a portion was to become a part of the park. Mr. Martensen - noted the letter from the county states at one point they would acquire the entire parcel, and at another point it states they would acquire the property unless substantial improvements and/or a new house is reconstructed on it. He is caught in the middle between what the City wants and the county not buying it. . \ , J MOTION by Putnam, Seconded by Jovanovich, to submit a Resolution to the City Council for approval of the variance request of James Martensen from Ordinance No.8, Section 4.03, for the addition to a nonconforming structure as outlined in the previous Resolution drafted by Staff. Several words in the negative need to be changed to the positive: third paragraph, "... said request does meet the criteria... "; fourth ~) . \ '-..j Regular Andover Planning and Zoning Commission Meeting Minutes - October 24, 1995 Page 3 ) {Variance Addi tion on a Nonconforming Lot and Structure, 14905 Crosstown Boulevard, Continued} paragraph, "... said request is consistent with the Comprehensive Plan."; fifth paragraph, "... recommends to the City Council approval of the variance. . . "; last paragraph, "... hereby approves the variance requesteJ by James Martensen to Ordinance No.8, Section 4.03. . . ". Motion carried on a 6-Yes, I-No (Squires) vote. This will be placed on the November 7, 1995, City Council agenda. SKETCH PLAN - TIMBER OAKS ESTATES - SECTION 36 - WOODLAND DEVELCPMENT COMPANY ) Mr. Haas reviewed the proposed sketch plan of Timber Oaks Estates. The property is currently zoned R-1 and will need to be rezoned to R-4 to allow for City sewer and water utility services. Also, the property currently is not in the MUSA area. The proposal consists of 25 single family urban residential lots. There are some wetlands that will have to be delineated and indicated on the preliminary plat. The cul-de-sac length going north exceeds the maximum 500 feet allowed in Ordinance No. 10, Section 9.03G. The Andover Review Committee is asking the developer to provide a written letter that the second access onto Prairie Road is not recommended because of the site distance. Also, variances are requested for the double frontage lots, Lots 13-17, Block 1 and Lots 1- 4, Block 2. In this case, it would be very difficult to eliminate that requirement. Finally, a variance is requested for the street jog between the north and south streets within the development itself. The street~ are only 120 feet apart; the minimum required is 150 feet. The developer is trying to avoid as much fill within the wetland as possible. Commission comments included a concern by some on the length of the cul- de-sac to the north and a desire for more than just a letter from the developer as to why there shouldn't be a second access onto Prairie Road; a countering concern by some that it would not be appropriate to put another access onto Prairie Road; a concern with the jog in the streets with three intersections in such a short distance because of the traffic volume that will be coming from the west and the 15 lots to the north to exit onto prairie Road, and a general concern about the intensity of the use and the number of variances. Commissioner Doucette was not in favor of rezoning the property to R-4. The Commission and Staff argued that goes against the Comprehensive Plan, which shows this in the 1995-2000 time frame for sewer and water. Also, the area directly east is proposed to develop to an R-4 density. Commissioner Doucette stated then at least she would like to see the northern end less populated. There could be a public safety issue with so many people on the cul-de-sac as drawn. Others argued that a cul-de- sac is safer than an entrance onto a collector street. Commissioner Luedtke was concerned with developing a parcel that has so many ) variances. Commissioner Apel noted this is a very difficult parcel tc j develop and some allowances need to be made in these instances. The sketch plan will be forwarded to the City Council for its comments. " 1 '-'" \ ...~_/ Regular Andover Planning and Zoning Commission Meeting Minutes - October 24, 1995 Page 4 \ ) OTHER BUSINESS Update of Council Action - Mr. Carlberg updated the Commission on the actions taken by the City Council at its October 17, 1995, meeting. Task Force to Consider Definition of Family - Mr. Carlberg noted a copy of the notice that has been put in the newsletter and on cahle TV seeking residents to serve on a task force to review the definition of family. Letters of interest will be reviewed by the Planning Commission at its November 14 meeting.- MOTION by Doucette, Seconded by Luedtke, to adjourn. unanimously. Motion carried The meeting was adjourned at 7:42 p.m. Respectfully submitted, 'ffi~~L '~~ella A. Peach Recording Secretary ../ '. , /