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HomeMy WebLinkAboutMay 25, 1993 (~ (J ~) o C) ~ CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.w. . ANDOVER. MINNESOTA 55304 . (612) 755-5100 ANDOVER PLANNING & ZONING COMMISSION MEETING AGENDA May 25, 1993 The Andover Planning and Zoning Commission will hold their regular meeting on Tuesday, May 25, 1993 at the City Hall Offices, 1685 NW Crosstown Blvd. The meeting is scheduled to begin at 7:30 p.m. 7:30 p.m. 1. Call to Order 2. Approval of Minutes: May 11, 1993 3. Variance - Sideyard Setback from Street - 14365 Zilla street NW - Bradley Melland. 4. Sketch Plan - Larson - Jed Larson SE 1/4, SE 1/4, Section 7. 5. Sketch Plan - Crown pointe - Ashford Development corporation, Inc. - SE 1/4, Section 26. 6. Sketch Plan - Wittington Ridge - Ashford Development Corporation, Inc. - NW 1/4, Section 22 & NE 1/4, NE 1/4, Section 21. 7. ATV/Snowmoblie Ordinance Discussion 8. Other Business 9. Adjournment o u ~~ 9\ CITY of ANDOVER PLANNING AND ZONING COMMISSION MEETING - MAY 25, 1993 MINUTES The Regular Bi-Monthly Meeting of the Andover Planning and zoning Commission was called to order by Chairperson Bonnie Dehn on May 25, 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 7:33 p.m.), Randy Peek, Jay Squires Marc McMullen Assistant City Engineer, Todd Haas City Planner, David Carlberg Others Commissioners absent: Also present: APPROVAL OF MINUTES May 11, 1993: Correct as written. MOTION by Apel, Seconded by Jovanovich, the May 11 Minutes as written. Motion carried on a 5-Yes, 2-Absent (Pease, McMullen) vote. ,') _ (Commissioner Pease arrived at this time, 7:33 p.m.) VARIANCE: SIDEYARD SETBACK FROM STREET, 14365 ZILLA STREET NW, BRADLEY MELLAND Mr. Carlberg reviewed the request of Bradley Melland to allow for the construction and placement of a deck encroaching into the required 35- foot sideyard setback from the street. The 10 x 12-foot deck would encroach over 11 feet and be located off a sliding glass door. The applicant believed the deck could be constructed when he purchased the home. Mr. Carlberg had pictures of the property. The biggest concern is for the people on 143rd Avenue whose homes are set back 35 feet. Too much of an encroachment into the required setback will be obvious. There is a uniqueness of the sliding glass doors because a step down or a walkway could not even be constructed from them without encroaching into the setback, which in essence denies the owner the use of that access. The house is located 35.8 feet from the side property line on 143rd Avenue. Mr. Melland has a petition from neighbors indicating they are in favor of the proposal. This situation should not happen in the future because of a recent amendment to the ordinance. o In discussing the request, it was determined that the house could have been set further to the north by about 10 feet when it was built to accommodate a deck without encroaching into the setback. Mr. Carlberg stated apparently the builder did not think the deck was encroaching into the sideyard setback. No site plan was reviewed at the time this house was built. With the ordinance revision, that is now being done and this type of problem should no longer occur. t 'I. ,~ \- ) Andover Planning and Zoning Commission Meeting Minutes - May 25, 1993 \ Page 2 / (Variance: Sideyard Setback, 14365 Zilla Street, Melland, Continued) Commissioner Peek recalled in the past the recommendation was to allow enough room for a landing and steps to go to the back of the house where the deck could then be built, but not enough for the entire deck. He didn't see a particular hardship to grant the variance for the entire deck. Commissioner Apel was in favor of the variance because there is no real opposition to it. Also, if trees were planted within that setback, it would be more obtrusive than the deck. He felt they should make some common sense out of the ordinance when errors are made. It would have been a simple matter of delineating the setbacks at the time the site plans were submitted. He again stated he felt the deck would not be any more intrusive on the line of site than the mature trees will be. , J Bradlev Melland, 14365 Zilla Street NW - stated he has put in two trees in the front yard, one on the corner and one just west of the proposed deck. Plus there is a spruce in the southeast corner of the lot. He had the house built for him but had no arrangement regarding the deck. It was his intent, however, to eventually build one. He assumed the deck would be approved because the house was approved with the sliding glass door at that location. He occupied the home the end of June, 1992. He thought it would be difficult to build the deck in the back with only an access from the sliding door to the deck because of the fireplace. Commissioner Squires felt the Commission is being asked to correct a problem created by the builder. If the intent was to have a deck, the builder should have been cognizant of that fact and considered it when placing the house. He felt the fact that the house could have been placed further north to accommodate the deck is relevant. Chairperson Dehn felt the ordinance change will correct this type of situation. She felt that similar variances had been granted in the past. MOTION by Apel, Seconded by Jovanovich, the resolution approving the variance request of Bradley Melland as represented by the Resolution placed before this Commission by the City Staff. After reading over the resolution, I see no reason to add or detract from it. Simply recommend approval and place "approve" in the blanks. VOTE ON MOTION: ABSENT-McMullen. Council on their YES-Dehn, Apel, Jovanovich; NO-Pease, Peek, Squires; Motion tied. This will be forwarded to the City June 15 meeting with no recommendation. SINGLE OR MULTIPLE DWELLING - 4640 165TH AVENUE NW j Mr. Carlberg explained the house was supposedly constructed with the idea that it would be a duplex. There is a completed upper and lower level with kitchens and bathrooms but with no connection. In its present condition, it does not work as a single family residence. He '\ "- ) ~) Andover Planning and zoning Commission Meeting Minutes - May 25, 1993 Page 3 , J (Single of Multiple Dwelling - 4640 165th Avenue, Continued) has a notarized letter from the owner when the house was built and who sold it to the current owner that it was constructed as a duplex and that he rented both units prior to the adoption of the City's Zoning Ordinance in 1971. It is in an R-1 Single Family district. The owner now wishes to sell the house and would like to market it as a duplex. The existing ordinance allows boarders but not with kitchen facilities. Staff had questioned whether the house was constructed as a duplex or was modified to be one. The notarized letter clarifies that issue. Gladvs Ransom, 4640 165th Avenue - stated she paid down on the house in 1974 and closed in April, 1975. Two families were living there since it was built as a duplex by Castner in Grow Township. It was builtin 1969. Now she has truckers sleeping downstairs. John Ottenstroer, Realtor - stated he talked to the City Staff about the zoning when he first listed the house. Because it was zoned single family, he started to market it as that. It is a true duplex with no way to renovated it to a single family home without major renovations. But he did not want to market it as a duplex without City approval and risk the possibility of someone suing Ms. Ransom. , ) After some discussion, the general consensus of the Commission was that the City did not have a right to tell them how to market the property. It is a legal nonconforming use allowed in that district because it existed prior to the adoption of the Zoning Ordinance, and the City would not change the use at this point. They should be aware that it is a nonconforming use and what that means in terms of reconstruction in the event it is destroyed over 51 percent. Mr. Carlberg stated he will provide copies of that section of the ordinance relating to nonconforming uses. He will also document this in the City's building records for future reference. SKETCH PLAN: JED LARSON, SE 1/4, SE 1/4, SECTION 7 Mr. Haas reviewed the proposed sketch plan for four lots in the R-4 district off of CoRd 158. The private easement for the use of Eldorado Street will be dedicated to the City as right of way and constructed to City standards. The City Council will have to decide which parcels will be assessed for that road construction. Mr. Haas also briefly reviewed the background of this parcel which has been discussed by the City Council on several occasions. Jed Larson - stated this is not what they wanted to do. They just wanted to split their parcel and build a house in the back, but the City Council would not approve that and instead told them this is what they would accept. ,/ The Commission had no comments on the proposal. The item will be placed on the June 1, 1993, City Council agenda. r , '- ) , \ '0 Andover Planning and Zoning Commission Meeting Minutes - May 25, 1993 '. Page 4 J SKETCH PLAN: CROWN POINTE, ASHFORD DEVELOPMENT, INC., SE 1/4, SEC 26 Mr. Haas reviewed the proposed sketch plan of Crown Pointe, which is located in an R-l Single Family Rural zoning district. The property will be required to be rezoned to R-l and brought into the MUSA for urban residential development. There is a natural gas pipeline that could be affected, and Staff is recommending the developer contact the pipeline offices for special precautions. Public Works is concerned with the proposed cul-de-sacs because they are very dangerous to maintain with the on-coming traffic. The Commission surmised the reason for the cul-de-sacs is because without them the lot widths would be substandard. They suggested the developer review the widths of the lots to see if some lots could be made narrower to the point of eliminating the cul-de-sacs. It was felt it would be smarter to grant variances on lot widths and eliminate the cul-de-sacs than to eliminate a lot and reduce tax revenue. Jav Windschitl, Developer - stated they will look at that suggestion. , .J Mr. Carlberg stated they will look at the triangular lots to be sure they meet the size requirements. Commissioner Peek asked the City's policy in terms of building substantial lengths of roadway over a gas line easement. Mr. Haas stated the developer will have to discuss that with the gas company. Normally the gas company would have to restore the street if they do any work in it. That issue will need to be addressed further at the time of the preliminary plat. The Commission noted what is important is the liability the City incurs. Mr. Windschitl stated if there is a problem, it will be resolved between him and the gas company. Commissioner Squires was uncomfortable with park dedication in the proximity of a natural gas line. Mr. Haas explained the proposal on the property to the south is a 30-foot strip along the railroad tracks for a trail system plus a park in the corner of Bunker Lake Boulevard and the railroad tracks. The park dedication will be considered by the Park and Recreation Commission. There were no further Commission comments. This will be placed on the June 1, 1993, City Council agenda. SKETCH PLAN: WITTINGTON RIDGE, ASHFORD DEVELOPMENT CORPORATION, INC., NW 1/4, SECTION 22 AND NE 1/4, NE 1/4, SECTION 21 ) Mr. Haas reviewed the proposed sketch plan of Wittington Ridge for 21 rural residential lots of 2.5 acres. The property is not in the MUSA but it could be served. The existing trunk sanitary sewer was placed at maximum depth to eventually serve these parcels. Mr. Carlberg noted the Comprehensive Plan submitted to the Metropolitan Council was up to the year 2010, and this area was not inc 1 uded in the proposed urban residential area. That could be changed, however. The City's position , \. ) , \ . I \._~ Andover Planning and Zoning Commission Meeting Minutes - May 25, 1993 Page 5 / (Sketch Plan: Wittington Ridge, Ashford Development, Continued) would be a preference for urban lots in that area. The Commission also noted that in Oak Bluff, the rural lots were allowed to be developed as one-acres lots because it was known that sanitary sewer would be in that vicinity shortly after development. Mr. Haas stated another issue is with five lots because of the wetlands. The developer is proposing to shift the lot lines to protect the wetlands. Some lots may be smaller than 2.5 acres with an abutting lot larger than 2.5 acres, but overall the acreage would meet or exceed the average of 2.5 acres per lot. Commissioner Apel felt that with the new wetlands legislation, the City will need to consider its regulations and be flexible to accommodate these developments. To do otherwise would be denying the owners the right to use their properties. After further discussion, the Commission agreed to reserve judgement on this issue until the wetlands are delineated. Mr. Haas noted the street alignment is acceptable to the Andover Review committee. A temporary cul-de-sac will be required. There were no further comments from the Commission. placed on the June 1, 1993, City Council agenda. The item will be / ATV/SNOWMOBILE ORDINANCE DISCUSSION Mr. Carlberg asked the Commission to discuss the regulation of snowmobiles within the City of Andover in light of problems encountered in enforcing the requirements of the ordinance in the past. He reported the City listed the regulations in the newsletter, plus the Mayor wrote an effective article last fall. In addition, the Sheriff's Department had scheduled two 12-hour periods to tag violations of all snowmobilers. That did not happen because of the weather in both cases. The effect was that the number of snowmobile complaints reduced considerably this past winter. Commissioner Apel argued that the ordinance is not the problem, but that of enforcement; and he did not feel the answer was to eliminate the right to use snowmobiles in the City, at least not at this time. Chairperson Dehn also respected the right of people to use snowmobiles as long as they respect her as a property owner; but with the influx of new populous into the community, many are not aware of the ordinances and trespass onto other people's property. She felt the Sheriff simply does not have the time to enforce this. She commended the snowmobile clubs who work hard on education. Commissioner Apel countered that it is the responsibility of the Sheriff to enforce the ordinances. / Peter Kino, Snow Baron Snowmobile Club of Anoka - stated as a club, they are authorized to work with the City and the Sheriff's Department as complaints come in. They will put up fencing across those crossings that are continually used by snowmobilers but should not be, and take it down for the summer. They would also have an educational program for the younger members, plus start a snowmobile club in Andover. \ ) , '\ , , '- ./ Andover Planning and Zoning Commission Meeting Minutes - May 25, 1993 Page 6 ) (ATV/Snowmobile Ordinance Discussion, Continued) After discussing the issue further, the Commission agreed to make no changes to the ordinances at this time, preferring instead to monitor the situation one more year. They suggested the City continue posting the regulations in the newsletter starting in early fall, encouraged the Mayor to write another letter similar to what was written last year, plus have the Sheriff Department conduct its saturation program. Another suggestion for the snowmobile clubs was to provide educational material in the schools and to people when they get licenses. Mr. King again stated they would like to get involved to eliminate future problems. They will also provide information to the snowmobilers through the Minnesota State Association publication which the majority of snowmobilers get. Bruce Steinberq, Andover - stated they are making the same offer as they did to the Ramsey City Council. If there are complaints where snowmobilers are consistently corning on a lot or in an area, they will put up snow fence to close the access route plus take it down in the summer. They would also do some policing. As a club, they can help by warning people, passing out pamphlets, whatever it takes to educate the people. No further action was taken by the Commission OTHER BUSINESS Mr. Carlberg updated the Commission on the status of the City's Comprehensive Plan. The Metropolitan Council did approve 100 acres of MUSA expansion contingent upon the City's participation in the Highway 10 corridor study. Staff met with representatives of the Met Council, City of Ramsey and the county. The county has asked for a proposal from their engineering firm to update their 2010 Transportation Plan. He is also working on an interim development plan requesting an additional 200 acres of MUSA, as it is critical that the City continue to expand its MUSA. The proposal would be to expand 200 acres this year, another 200 acres next year, and 200 acres the year after that. He will continue to keep the Commission informed. There being no further business, Chairperson Dehn declared the meeting adjourned at 9:30 p.m. \ , J Respectfully SUbmitted'~ ~~ea~ Recording Secretary