HomeMy WebLinkAboutSeptember 27, 1994
o
o
~
IO/II/Cf;.f
.~:!
CITY of ANDOVER
\_)
1685 CROSSTOWN BOULEVARD N.w. . ANDOVER, MINNESOTA 55304. (612) 755-5100
".'
,,",,'.-
PLANNING AND ZONING COMMISSION MEETING - SEPTEMBER 27, 1994
MINUTES
The Regular Bi-Monthly Meeting of the Andover Planning and zoning
Commission was called to order by Chairperson Jay Squires on September
27, 1994, 7:00 p.m. at the Andover City Hall, 1685 Crosstown Boulevard
NW, Andover, Minnesota.
Commissioners present:
Maynard Ape1, Bonnie Dehn, Bev Jovanovich,
Becky Pease (arrived at 7:10 p.m.), Randy
Peek, Jerry Putnam
None
City Planning Director, David Carlberg
Others
Commissioners absent:
Also present:
APPROVAL OF MINUTES
September 13, 1994: Page 4, first paragraph, add, "Mr. Carlberg
reported Staff received a phone call from an adjacent resident
regarding the barking of dogs from this residence and
objecting to the granting of the permit."
~- )
MOTION by Dehn, Seconded by Jovanovich, to accept the Planning and
Zoning Corrunission Minutes from September 13 as corrected by Staff.
Motion carried on a 6-Yes, I-Absent (Pease) vote.
DISCUSSION: VARIANCE - FRONT YARD SETBACK/14555 ROUND LAKE BOULEVARD NW
- JOHN AND NEESHA MAXWELL
Mr. Carlberg reviewed the request of John and Neesha Maxwell for a
variance to allow the construction of a 16' x 26' addition to the
existing attached garage at 14555 Round Lake Boulevard NW. He noted an
error in the agenda material, as the ordinance setback requirement from
a major arterial, Round Lake Boulevard, is 40 feet in an R-4 district;
therefore, a 6-foot variance is being requested. The house became a
non-conforming structure when the county acquired a 17-foot strip of
land for right-of-way purposes for Round Lake Boulevard NW. Without the
variancef the Maxwell's cannot construct the addition to the garage; as
it would be adding to a non-conforming structure, even though the
addition would comply with the setback. Staff is recommending approval
because the hardship was imposed through the countyf s right-of-way
acquisition.
(CoIT@issioner Pease arrived at this time; 7:10 p.m.)
.~
Responding to Commissioner Peek f s questions, Mr. Carlberg noted the
ratio of habitable space to the size of the lot is not an issue in this
case. The lot is about one-third acre, which is large for an R-4 zone;
and this is an attached structure. He also explained how the rear of the
lot is measured on triangular shaped lots. Chairperson Squires suggested
there should be a process of notifying the county that the City will be
~-)
u
Regular Andover Planning and Zoning Commission Meeting
Minutes - September 27, 1994
Page 2
I
(Variance - Front Yard Setback, 14555 Round Lake Blvd., Continued)
granting variances in situations where they have made lots non-
conforming. If the county is compensating for non-conforming status and
the City is making them conforming again, the county should know that.
John Maxwell, 14555 Round Lake Boulevard - stated the reason for adding
to the garage is they cannot put a storage shed in the back yard because
of the wetlands and trees. The original owner sold the easement to the
county. He is the looser because he did not receive the compensation
from the county, he didn't know the lot was non-conforming when he
purchased it, and he will have to put up with the nuisances of a four-
lane road when it is windened. Because of the angle of the building, the
proposed addition probably is 40 feet from the right of way.
MOTION by Apel, Seconded by Dehn, to send the Resolution to the City
Council recommending that they accept the Resolution of approval for the
variance request with the following changes: wherever the number "16
feet" is used, change to "6 feet" so that it will read an "encroachment
of 6 feet"; and change wherever it says "Section 6.02 which requires a
50-foot" to "Section 6.02 which requires a 40-foot setback". Motion
carried unanimously. This will be placed on the Oct. 18 Council Agenda.
DISCUSSION - AN ORDINANCE REGULATING MASSAGE (THERAPEUTIC) BUSINESSES
Mr. Carlberg asked that the Commission table this item to the October
11, 1994, meeting. The Commission agreed.
OTHER BUSINESS
Mr. Carlberg reviewed the actions taken by the Council at their
September 20 meeting on the various items forwarded by the Commission.
Chairperson Squires reported he received a call from Glenda Lawson who
was concerned about the process on her request for a kennel license. The
Commission held the public hearing on September 13, and she felt she
didn't have a meaningful opportunity to provide input on her
application. Chairperson Squires disagreed, explained the process, and
directed her to Staff and to focus her efforts at the City Council
meeting. The Commission agreed with the Chair. Mr. Carlberg also noted
if the Special Use Permit is denied, she cannot make reapplication
within a one-year period. He has talked with Ms. Lawson about this.
MOTION by Dehn, Seconded by Jovanovich, to adjourn.
unanimously. The meeting was adjourned at 7:25 p.m.
Motion carried
imS~~J-
\~a~lla A. Peach, Recording Secretary