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HomeMy WebLinkAboutJanuary 26, 1993 i\ '--J ~J :~ o (]~~~ ~ \qjq3 ~ CITY of ANDOVER PLANNING AND ZONING COMMISSION MEETING - JANUARY 26, 1993 MINUTES The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission. was called to order by Acting Chairperson Steve Jonak on January 26, 1993, 7:30 p.m. at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Maynard Apel, Bev Jovanovich, Becky Pease (arrived at 7:36 p.m.) Bonnie Dehn, Marc McMullen, Randy Peek City Planner, David Carlberg Others Commissioners absent: Also present: APPROVAL OF MINUTES January 12, 1993: Page 7, Variance: Ordinance 10, 9106a(3). Correct to indicate the applicant Twin Star Homes requested the item be tabled. Page 8, Fourth liner change "order" to "other". Page 8, Other Business, 2nd paragraph, 2nd line, change "g.91" to "6.02". B, 00.... ~ '2:>:01 MOTION by Apel, Seconded by Jovanovich, to accept the Minutes as corrected. Motion carried on a 3-Yes (Jonak, Apelr Jovanovich) r 4- Absent (Dehn, McMullen,Pease, Peek) vote. PUBLIC HEARING: LOT SPLIT/VARIANCE - 159TH AVENUE NW AND NARCISSUS STREET NW, JOHN AND VALERIE REYNOLDS 7:32 P.M. Mr. Carlberg reviewed the lot split and variance request of John and Valerie Reynolds to split a 9.94-acre parcel into two separate lots of 4.55 acres and 5.39 acres. The variance would be from the 300- foot lot frontage requirement on Parcel B. Staff is recommending approval with the conditions that park dedication fees be paid for each lot (total of $800) and that it be subject to a sunset clause. (Commissioner Pease arrived at this time; 7:36 p.m.) Commissioner Apel questioned the amount of park dedication fee. It was his understanding that in the past, park dedication fees applied to each new resulting parcel. In this case, a house could be constructed on the entire parcel without having to pay park dedication. The lot split creates one new additional parcel: and in the past, park dedication was paid only for the newly created parcel. Mr. Carlberg argued the interpretation since he has been with the City has been to collect park dedication based on the number of additional dwelling units created. Neither parcel has a house constructed on it: therefore, park dedication would be required on both parcels. , I Andover Planning and zoning Commission Minutes - January 26, 1993 Page 2 (Public hearing: Lot Split/Variance, 159th & Narcissus, Continued) The Commission asked for Council interpretation on the park dedication fees, as they did not know of any cases in which both parcels were required to pay park dedication. Acting Chairperson Jonak opened the hearing for public testimony. There was none. MOTION by Pease, Seconded by Apel, to close the public hearing. Motion carried on a 4-Yes, 3-Absent (Dehnr McMullenr Peek) vote. MOTION by Apel, Seconded by Pease, recommend that the Planning and Zoning Commission recommend the Resolution granting the lot split and variance request of John and Valerie Reynolds to create two parcels pursuant to Ordinance No. 40 as compiled and presented by Staff. Motion carried on a 4-Yes, 3-Absent (Dehn, McMullen, Peek) vote. 7:43 p.m. PUBLIC HEARING: LOT SPLIT/VARIANCE 159TH AVENUE NW AND GOLDENROD STREET NW, OMAR AND JODIE DIZAYEE 7:43 p.m. Mr. Carlberg reviewed the request of a lot split and variance by Omar and Jodie Dizayee to split a 4.89-acre parcel into two parcels each of 2.44 acres. Variances are needed from the 300-front foot lot frontage requirement on Parcel A and the 2.5-acre lot area requirement for both parcels. There is a question as to where Goldenrod Street NW has been constructed. It is thought the street has not been constructed to where it is shown on City documents. If that is true, a decision needs to be made as to who will construct and pay for that extension. There is also some concern about the large variance needed for lot frontage on Parcel A, which is a very large departure from the requirement. Mr. Carlberg also noted the Commission may wish to eliminate the variance for area requirement on Parcel A by subtracting the needed acreage from Parcel B. Staff is recommending denial of the lot split because of the large variance to lot frontage, the issue of construction of Goldenrod Street and the issue as to whether Parcel B is buildable. The building pad on Parcel B would have to be across the drainage ditch. If the Commission recommends approval, Staff suggests the conditions of park dedication and a sunset clause. The park dedication issue raised in the last item will apply to this lot split as well. Acting Chairperson Jonak opened the hearing for public testimony. Lvle O'Neal, 14303 Lexinqton Avenue - owns the property to the east of the lots in question. He asked if the intent is to extend Goldenrod Street to the end of the easement. Mr. Carlberg stated the idea would be to make Parcel B have frontage to at least where the cul-de-sac should be. Staff did not discuss extending the whole street down the side of the property. \ I '- / Andover Planning and zoning Commission Minutes - January 26, 1993 Page 3 / (Public Hearing: Lot Split/Variance, 159th & Goldenrod, Continued) Mr. O'Neal - wouldn't want a road all the way down the side of his property. He is not concerned with the split, but noted the land is quite swampy on the north end. He agreed with the Staff recommendation and did not want more roads in order to have more lots. Cordell Moe, 375 157th Avenue NW - was not concerned about the parcel being split, but it does raise some questions about the location of his home. The house was built about ten years ago in the northeast corner of the property facing north with the permission of the Building Department, facing the easement that he was to have access to. He currently accesses his property from 157th Avenue. If a house is located in the lower southeast corner of Parcel A facing 159th, he will be looking at the back of someone' s house permanently with no way of accessing l59th or Goldenrod. It will be a big expense to construct Goldenrod, and no one will be hapPYi but if it isn't constructed, they don't get access and Mr. O'Neal cannot subdivide his property. Plus he will take a large decrease in value because his home sits backwards on the property. He felt these issues need to be addressed. Commissioner Apel stated both his parcel and the one to the north are lots of record, but the owner should recognize these problems and discuss the location of the house with Mr. Moe and possibly work out some easement arrangements. / Mr. Moe - stated even if l59th were brought across, it would not give him access to the north. He was told ten years ago that Goldenrod would come south. The Commission and Staff felt it makes sense to run Goldenrod south to l57thi however, as a practical matter it probably cannot be done because of the wetlands in the area. Jane Godfrey, 16069 Goldenrod NW - asked if Staff is saying the existing cul-de-sac on Goldenrod does not extend to the property of Parcel B. Mr. Carlberg stated it appears the cul-de-sac stops short of the property to provide the necessary frontage. Ms. Godfrey - was concerned with splitting the land. She felt a house could be built on Parcel Ai but Parcel B is all swamp and, in her opinion, unbuildable. She also didn't see the necessity of extending Goldenrod at this time, not wanting to see it extended. She felt it would be extremely expensive to construct. The Commission again noted the difficulty of constructing roads through wetlands because of recent legislation protecting wetlands. Jim Canfield, 16021 Goldenrod NW - stated the cul-de-sac has a 66-foot radius and is centered exactly on the property lines with a quarter pie on each lot. Staff noted then the cul-de-sac is short and would not provide adequate frontage for Parcel B. / Mr. Canfield - stated he split his 10-acre parcel and was required to pay park dedication fees for only one additional lot, not for both lots. Neither lot had a building on it at the time. , J , / Andover Planning and Zoning Commission Minutes - January 26, 1993 Page 4 I (Public Hearing: Lot Split/Variance, 159th & Goldenrod, Continued) Ken Berqerson, 360 Constance Boulevard - agreed the lot should not be split at this time. Possibly Goldenrod will be constructed at some time in the future; but the way it is now, there is a lot of low land making the property unbuildable. Arnold Peterson, 331 157th Avenue - asked if an easement can be given to build on Parcel A. Commissioner Apel indicated a house could be built on that parcel now with access from 159th. Mr. Peterson - asked if 159th will be extended eastward to University Avenue in the near future and how that would impact Parcels A and B. Mr. Carlberg stated that would have to be studied to see if it is feasible. A lot of parcels could be subdivided if the road went to university Avenue, but there has been no discussion of extending 159th. Mr. Peterson - was concerned about the cost of 159th, plus they would prefer not to have it go through. The plans don't call for sewer to that area until 2010 to 2020. They would like to keep the wilderness back there. There is beautiful lowland back there. They are opposed to the proposed lot split. MOTION by Apel, Seconded by Jovanovich, to close the public hearing. Motion carried on a 4-Yes, 3-Absent (Dehn, McMullen, Peek) vote. / MOTION by Apel, Seconded by Jovanovich, that the request for lot split and variance at 159th Avenue and Goldenrod Street requested by Omar and Jodie Dizayee be denied for the following reasons: 1) That Lot B would not have adequate frontage on a maintained City Street; 2) There is really a question as to whether or not Lot B would have the necessary 150 x 150 building pad; 3) Subject to peculation tests, there is a question as to whether Lot B is buildable at all; and 4) There might be a very problematic situation when it comes to getting across that wetland that appears to be north of the land that is buildable. Public hearing was held. There was a great deal of input, most of it questioning the lot split; and nobody speaking in favor of it. Staff recommends that we deny it. One of the things that Staff was concerned with is the large variance on lot frontage on Parcel A. Motion carried on a 4-Yes, 3-Absent (Dehn, McMullen, Peek) vote. 8:20 p.m. PUBLIC HEARING: AMENDMENT TO ORDINANCE NO.8, SECTION 7.03, SPECIAL USES - TOWING SERVICES/IMPOUND LOTS \ 8:20 p.m. Mr. Carlberg reviewed the regulations for towing services and impound lots in the cities of Minnetonka, Fairbault, Anoka, Blaine, Minneapolis and St. Paul. All allow the use, some with Conditional Use Permits. Those allowing the use without Permits have suggested to Mr. Carlberg that the use be allowed with a Conditional Use Permit. Conditions in the permit vary among the cities but include such items as fencing and screening, asphalt parking lot in one instance, number of I , / Andover Planning and Zoning Commission Minutes - January 26, 1993 Page 5 (Public Hearing: Amendment/Ordinance 8, 7.03/Towing-Impound, Cant.) cars, hours of operation, etc. The proposed amendment before the Commission would allow vehicle impound lots in Industrial Districts by Special Use Permit. It is limited to impound lots since towing services are consider an accessory use to a number of uses such as repair garages, auto recycling yards, etc. The Commission discussed the requirement of Minneapolis for an asphalt parking lot to keep the liquids leaking from wrecked cars from getting into the soil. They noted the new regulations the auto recycling yards are facing to contain the liquids from vehicles they dismantle. Robert Lund, 13929 Ouinn - stated he is the one requesting permission to operate an impound lot. He stated cars that have been in accidents are already low on fluids. If there are drippings when a vehicle sits for 30 days, that would eat away the blacktop. He didn't know the answer but felt that something else will probably have to be done. Commissioner Apel thought the recyclers are dismantling the vehicles on concrete floors, then moving them. Possibly the towing lots will also have to have a special staging area for this. No decisions were made on the specific items to be included in a Special Use Permit. MOTION by Pease, Seconded by Jovanovich, to close the public hearing. Motion carried on a 4-Yes, 3-Absent (Dehn, McMullen, Peek) vote. MOTION by Apel, Seconded by Pease, that we accept and recommend to the City Council approval of the amendment to Ordinance No.8, Section 7.03, Special Uses in Industrial Districts as presented by Staff, specifically to add to that list "Vehicle Impound Lots." Motion carried on a 4-Yes, 3-Absent (Dehn, McMullen, Peek) vote. 8:38 p.m. SKETCH PLAN--KADLEC CONSTRUCTION INC., SOUTHWEST QUARTER OF SECTION 21 Mr. Carlberg reviewed the sketch plan of Kadlec Construction located east of Round Lake Boulevard in the vicinity of 153rd Avenue. The plat will consist of 14 lots, 2.5 acres in size. One lot will face Round Lake Boulevard and will require a variance. The back portion of the plat is presently in Ag Preserve which will be decertified on February 27, 1993. The only question by the Staff is where 153rd Avenue enters at Round Lake Boulevard, as there may be a jog to the street coming from the west. The City and county will work on this item. The developer will also be required to do a Tree Protection Plan. Harvev Kadlec, Develooer stated 153rd is within 10 feet of the entrance from the west. Because Round Lake Boulevard is such a highly traveled road, the Commission was concerned that the intersection at 153rd meet properly. Otherwise they generally agreed with the sketch plan as proposed. :/... Mr. Carlberg stated this will be on the February jl, 1993, City Council agenda. "- j , / Andover Planning and Zoning Commission Minutes - January 26, 1993 Page 6 OTHER BUSINESS The Commission agreed to elect Commissioner Jonak as Acting Chairperson for 1993. MOTION by Apel, Seconded by Pease, that Mr. Jonak be appointed as Acting Chair in the absence of the Chair. Motion carried on a 3-Yes (Apel, Jovanovich, Pease), I-Present (Jonak), 3-Absent (Dehn, McMullen, Peek) vote. Mr. Carlberg noted the next meeting, February 9, 1993, will begin at 8:01 p.m. because of the County Commissioner election that day. MOTION by Apel to adjourn. Acting Chairperson Jonak declared the meeting adjourned at 8:52 p.m. Respectfully submitted, '~~~L Marcella A. Peach Recording Secretary