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HomeMy WebLinkAboutMarch 23, 1993 u u u ~ CITY of ANDOVER PLANNING AND ZONING COMMISSION MEETING - MARCH 23, 1993 MINUTES The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Bonnie Dehn on March 23, 1993, 7:30 p.m. at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Maynard Apel, Steve Jonak, Bev Jovanovich, Randy Peek Becky Pease, Marc McMullen Assistant City Engineer, Todd Haas City Planner, David Carlberg Others Commissioners absent: Also present: APPROVAL OF MINUTES March 9, 1993: Page 2, under Discussion: Amendment to Ordinance 8, 6.02, second sentence, correct to: "The ordinance currently requires a 30-foot side yard setback from the street in the R-1 District and a 35-foot side yard setback from the street in the R-2 District..." ~ MOTION by Apel, Seconded by Jovanovich to accept the Minutes as amended. Motion carried on a 5-Yes, 2-Absent (McMullen, Pease) vote. PUBLIC HEARING: PRELIMINARY PLAT - KADLEC ESTATES, KADLEC CONSTRUCTION 7:31 p.m. Mr. Haas reviewed the proposed preliminary plat of Kadlec Estates located in the vicinity of 153rd Avenue and Round Lake Boulevard. It consists of 14 single family rural residential lots. Variances are required for Lot 1, Block 1 from Ordinance 10, Section 9.02(c), which directly accesses Round Lake Boulevard, and for 153rd Avenue NW from Ordinance 10, Section 9.903(e), which is approximately 20 feet offset from the existing 153rd Avenue NW to the west. The Andover Review Committee is recommending approval for both variances. Chairperson Dehn was concerned about the drainage for the area, particularly so that the drainage from this plat does not destroy adjoining agricultural land. Mr. Haas explained the drainage complies with the Water Management Plan, which controls the amount of runoff that can leave the site, and has been approved by the Coon Creek Watershed Board. Settling ponds will be created, and no more water will be leaving the area once it is platted than prior to the development of the land. The developer is also required to control all erosion with silt fences. (J Chairperson Dehn was still concerned about the water erosion to the fields used as agricultural lands. She also asked if there will be a berm along the open private ditch. Mr. Haas stated the ditch is a part of the storm sewer plan for Andover. There will be no berm along it. The public hearing was opened to public testimony. \, ..-J \ \ j Andover Planning and Zoning Commission Minutes - March 23, 1993 Page 2 I (Public Hearing: Kadlec Estates Preliminary Plat, Continued) Patricia Adriaens, 15255 Round Lake Boulevard - asked about the specific location of 153rd Avenue, assessments, and location of houses in the plat. Mr. Haas explained 153rd will go along her south property line. She will not be assessed. Clyde Forsland, representino Kent Forsland - presented a petition signed by neighbors regarding the clean up of the dump site on the property in which Kadlec Estates will be developed. The neighbors want the dump site cleaned up prior to construction, which potentially contains toxic materials, barrels, bottles, etc.; but he was not sure specifically where the site is located. The dump area was covered about a year ago, and it didn't look like anything was removed. The residents feel the dump should be cleaned up prior to the approval of the preliminary plat. Staff was unaware of the dumping site and will investigate it further. It is a separate issue which will be addressed and resolved. Ken Slvzuk, 15211 Niohtinoale Street - asked exactly where the drainage will come out. He has not been contacted about the drainage issue; and if his private ditch is to be used, he felt the City should be jointly cleaning it. Mr. Haas understood the developer will not change the \ amount of runoff that comes from the site. Drainage will be controlled / in ponds which have been approved by the Coon Creek Watershed. He gave further details on the flow, ponding and eventual runoff from the site, again emphasizing the amount of water will remain the same as it is now. Mr. Slvzuk - was not satisfied with the explanation of the drainage or where the runoff will be going. He disagreed that there would be no erosion or damage to the field at the end of the lS-inch pipe. He was frustrated that this is the first he has heard about this, that neither the City nor the developer has contacted him to work out the issues, and that this has already been approved by the Coon Creek Watershed Board without his knowledge. Mr. Haas stated the drainage plans have been designed by meet the requirements of the City Water Management Plan and the Coon Creek Watershed. Also, the new rules of the PCA require the City and county to have erosion controls on site. Chairperson Dehn noted that any plant structure and tissue is destroyed because of standing water, again expressing concern over the potential runoff in the southeast corner of the plat. Mr. Haas again stated th~ rate of runoff from the site cannot change. Mr. Slvzuk - stated there is no runoff there now, so why is a swale needed if there will be no runoff after the development. Mr. Haas suggested Mr. Slyzuk contact the Coon Creek Watershed and work with their engineer to find some solution. The Commission also noted that this hearing notice was Mr. Slyzuk's chance to voice his opinions. They ) hoped his questions are answered before the Council acts on the plat. Mr. Slvzuk - pointed out the location of the dumping area the residents were concerned about (Lot 6, Block 2 in the southeast corner of the plat), stating he didn't think the problem was that serious. :,J \ \J '\ Andover Planning and Zoning Commission Minutes - March 23, 1993 Page 3 , J (Public Hearing: Kadlec Estates preliminary Plat, Continued) MOTION by Apel, Seconded by Peek, to close the public hearing. DISCUSSION: Mr. Carlberg reviewed the requirements of the Tree Preservation Plan. The roads were altered to go around some of the trees. If any tree which is designated to remain gets damaged in any way, it will be replaced two for one. Some trees for the road and house pads will need to be removed. Once the plat is approved, Tree Preservation Plans will be done on a lot-by-lot basis. Mr. Haas also informed the Commission that the discussions are continuing with the Coon Creek Watershed as to who maintains the sedimentation ponds. Right now that is only being done on a complaint basis. Motion carried on a 5-Yes, 2-Absent (McMullen, Pease) vote. MOTION by Apel, Seconded by Jovanovich, that the Planning and zoning Commission recommends to the City Council the approval of a Resolution approving the preliminary plat of Kadlec Estates as presented by Staff with the addition of two caveats: No. 5 to be that the City Staff be instructed to determine the real situation as far as that dump is concerned; and No.6, that the drainage plan be looked at very carefully in order to satisfy the adjacent landowner's concerns, that being Mr. Slyzuk; and he should be kept in contact with City Staff so he knows exactly what is going on. Motion carried on a 5- Yes, 2-Absent ) (MCMullen, Pease) vote. 8:10 p.m. PUBLIC HEARING: PRELIMINARY PLAT - PHEASANT GLEN, HOKANSON DEVELOPMENT 8: 10 p.m. Mr. Haas reviewed the comments of the Andover Review Committee concerning the proposed preliminary plat of Pheasant Glen located in the vicinity of Jay Street NW and 134th. The plat consists of 26 single family urban residential lots and is within the Metropolitan Urban Service Area. The purchase agreement between the developer and the owner calls for the existing garage to be located on the north side of the home, which is in violation of the City's setback requirements. It is proposed that Jay Street NW will be vacated. A variance on Lot 1, Block 1 and Lot 1, Block 2 is needed for lot depth per Ordinance 8, 6.02. Lots 1-13 of Block 1 will require variances from Ordinance 10, 9.06(f) because the future 136th Avenue is considered a collector street and the lots would be considered double frontage lots. Commissioner Peek asked how long the test wells will remain. Kirk Corson, Hokanson Development - has talked with the EPA. Apparently they are done with the tests and there isn't any hazardous wastes. The wells can be abandoned at any time, which is the responsibility of the EPA. The Commission asked that the developers obtain a letter from the EPA indicating when the wells will be abandoned. , , ) The Commission questioned the hook at the intersection of Jay Street and Kildeer, asking why a bubble isn't being created instead. Mr. Haas stated it was done as proposed to accommodate the lot in the Echo Ridge plat on the other side of Jay Street. The ARC Committee felt the proposed layout would be better for maintenance and snow plowing. ~,J (.-J Andover Planning and Zoning Commission Minutes - March 23, 1993 ,) Page 4 (Public Hearing: Pheasant Glen Preliminary Plat, Continued) The hearing was opened for public testimony. Kirk Corson - explained the original intent was to construct this plat at the same time as the property to the south, Pheasant Meadows. The utilities and traffic flow were to work together in the two plats. As the plat developed, they were not aware of the City's plans for Commercial Boulevard nor of the variance issue for those lots abutting it. They don't have a problem with the variances the City is proposing. The one primary problem is the issue of the location of the existing garage. He said whatever the City decides is what they will do. Commissioner Apel felt the agreement between the developer and landowner is a private issue. Mr. Carlberg noted the setback requirements will not be met with the garage attached to the north side of the house. Sue Hurst, 13440 Jay Street - stated they are the legal owners of the property. They entered into a legal binding purchase agreement with Hokanson Development, and she read a portion of the agreement which relocates the garage on the north side of the homestead site at the buyer's expense. The City is recommending the plat be approved with the garage attached to the south side of the house. This is totally unacceptable to them. They are not in agreement with and oppose the plat as it is. Ms. Hurst explained the construction of their house is , such that it does not lend itself to the garage being on the south side, ) and they do not intend to do any major renovations to accommodate the garage on the south. She hoped the Commission would recommend a variance to allow the garage on the north side. If not, she hoped they would recommend denial of the plat so it can be redrawn to comply with the terms of their purchase contract. If the plat is approved as is and they are denied the location of the garage on the north side, they will not be closing on the purchase agreement and there will be no development of the property. The Commission still felt the garage issue is a private matter and that there is nothing they can do. They suggested the issue be brought to the Council for their consideration. MOTION by Apel, Seconded by Jovanovich, to close the public hearing. Motion carried on as-Yes, 2-Absent (McMullen, Pease) vote. Mr. Haas also reviewed the drainage system for the plat, noting much of the drainage will go west to the pond in Hidden Creek East. Mr. Corson - noted the fence to the north belongs to the junkyard but is about eight feet onto the Hurst property. They would like to see it removed. Mr. Carlberg stated that too is a private issue between the developer and the property owner to the north. , / MOTION by Peek, Seconded by Apel, that the Andover Planning and Zoning Commission recommends to the Andover City Council approval of the Resolution contained in the P & Z packet with the following additional item, No.7, that the test wells located in Block 1, Lot 3, that the developer obtain from the EPA an indication as to abandonment of those wells in terms of method of abandonment and timing of abandonment; and No.8, that the P & Z does not recommend granting a variance to Lot 2, Lot 1 for relocation of an existing garage. Motion carried on as-Yes, 2-Absent (McMullen, Pease) vote. 8:38 p.m. , " ) \...J Andover Planning and Zoning Commission Minutes - March 23, 1993 Page 5 / PUBLIC HEARING: AMENDMENT TO ORDINANCE NO.8, SECTION 6. 02 - SIDE YARD SETBACK FROM STREET 8:38 p.m. side yard purpose is Mr. Carlberg explained the amendment would require a 40-foot setback from a street in the R-1 and R-2 districts. The to maintain uniformity in the setbacks in the rural areas. The public hearing was opened for testimony. There was none. MOTION by Peek, Seconded by Apel, to close the public hearing. Motion carried on as-Yes, 2-Absent (McMullen, Pease) vote. MOTION by Peek, Seconded by Jovanovich, that the Andover Planning and Zoning Commission recommend to the Andover City Council approval of the Resolution contained in the P & Z information packet amending Ordinance No.8, Sec. 6.02, and with the addition that a public hearing was held. Motion carried on as-Yes, 2-Absent (McMullen, Pease) vote. 8:43 p.m. PUBLIC HEARING: AMENDMENT TO ORDINANCE NO. 10, SECTION 9.06 - LOWEST FLOOR ELEVATION Mr. Carlberg recommended the item be removed from the Agenda and withdraw the public hearing as it has been determined the amendment is . J not needed at this time. The Commission agreed. VARIANCE: 1200 SQUARE-FOOT FLOOR AREA PER DWELLING REQUIREMENT - 17110 NAVAJO STREET NW, DAVE REGAL CONSTRUCTION, INC. Mr. Carlberg reviewed the request of Dave Regal to vary from Ordinance 8, 6.02, which requires single family homes in the R-2 district to have 1,200 square feet of floor area per dwelling. Due to the large power line easement of 150 feet running through the property, the applicant believes a variance should be granted to allow for a smaller home. This is the last lot in the subdivision to be constructed upon, and all other homes meet the 1,200-square-foot requirement. The Commission discussion with Dave Almgren, Building Official, was on the requirements of two-story houses. Mr. Carlberg stated according to the calculations done by Staff today, the variance request is for 198 to 199 square feet. It is the Staff's opinion that there is sufficient area on the lot to construct a house which meets the square-foot requirements of the district. The Commission also felt it is reasonable to assume that the residents in that area purchased their properties with the expectation that when a house is constructed on the lot, it would meet the same requirements as the others in the neighborhood. , / MOTION by Apel, Seconded by Jovanovich, that the Planning and Zoning Commission recommend to the City Council that the variance request on this property at 17110 Navajo Street NW be denied primarily because it is possible to surmise from discussion of City Staff to build a house on the property that conforms with the ordinance. DISCUSSION: \ \.J ., \J Andover Planning and Zoning Commission Minutes - March 23, 1993 Page 6 , / (Variance: 17110 Navajo Street NW, Dave Regal Construction, Continued) Dave Reqal - explained before purchasing the lot, he came to the City and spoke to Mr. Almgren to be sure the style of home he was proposing would meet the setbacks. There is a very small area to work with because of the power line easement and the need to provide for well and septic system. Mr. Almgren stated everything was fine, and he bought the lot on that premise. When he carne back for the building permit, it was denied because it doesn't meet the 1,200 square-foot requirement. He didn't want to put a two-story house on the lot because of the power line. The power line also limits the price of a home on that lot. He felt the power line easement causes a hardship on the lot, making it difficult to meet the size requirements of the house. He asked for a reconsideration of this item because of the prep work he did before purchasing the lot, reiterating he did everything he could before purchasing the land to make sure they would meet the guidelines for the lot. He didn't feel it was fair to deny the house after the fact. Mr. Almgren stated he did look at the plans with Mr. Regal and made the calculations with regard to the lot, but at that time he did not know the square footage of the house. He never discussed the 1,200-square- foot requirement. He also thought the lot had been tax forfeit for quite a few years. J The Commission nnoted they must follow the ordinances but that the Council may take a different point of view. They did hope that something could be worked out, suggesting Mr. Regal work with Staff in an attempt to find other alternatives to meet the requirement. Motion carried on as-Yes, 2-Absent (McMullen, Pease) vote. There being no other business, Chairperson Dehn declared the meeting adjourned at 9:08 p.m. Respectfully submitted, ~~~YJ- Recording Secretary /