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HomeMy WebLinkAboutJune 8, 1993 u f " U /' " '...J CA. CITY of ANDOVER PLANNING AND ZONING COMMISSION MEETING - JUNE 8, 1993 MINUTES The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Bonnie Dehn on June 8, 1993, 7:30 p.m. at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners absent: Also present: Maynard Apel, Bev Jovanovich, Marc McMullen (arrived at 8:25 p.m.), Becky Pease, Randy Peek, Jay Squires None Building Official, David Almgren City Planner, David Carlberg Others Commissioners present: APPROVAL OF MINUTES o May 25, 1993 - Page 4, fifth paragraph, add after the first sentence, "Commissioner Jovanovich felt there were enough parks in Andover. With all the upkeep required and with the Parks Department not being able to keep up as it is, she questioned why another park is needed." MOTION by Pease, Seconded by Peek, to approve the Minutes as amended. Motion carried on a 6-Yes, I-Absent (McMullen) vote. PUBLIC HEARING: LOT SPLIT - 14817 ROUND LAKE BOULEVARD NW, JAMES KNOLL 7:32 P.M. Mr. Carlberg reviewed the request of Jim Knoll to subdivide a 2 1/2-acre parcel from a large track of land at 14817 Round Lake Boulevard. The proposed lot meets the ordinance requirements. He has ~alked to the applicant regarding the 34-foot strip of land that will remain between the proposed lot and the property line of the larger track to the east and suggested the lot be moved to eliminate that strip. Mr. Knoll preferred to keep the strip as a driveway to get back to the fields. Park dedication will be $400 for one dwelling unit. 'fhe Commission discussed the strip of land that will remain to the east. Mr. C3rlberg stated there is nothing in the ordinance which requires the lot to be moved to the edge of the existing parcel. The proposed lot does meet all ordinance requirements. A building permit would not be allowed in the back because the resulting parcel would not have 300 feet of frontage unless a road is constructed to City standards. The front of the proposed lot is on a publicly maintained right of way, though it is not an improved road. o The hearing was opened for public testimony. .Jim 15.1'1011 3339 157th Avenue - was presented to ask questions. The Commission had no questions. , " j \ \_J Andover Planning and Zoning Commission Minutes - June 8, 1993 Page 2 J (Public Hearing: Lot Split, 14817 Round Lake Boulevard, Continued) MOTION by Apel, Seconded by Jovanovich, to close the public hearing. Motion carried on a 6-Yes, I-Absent (McMullen) vote. MOTION by Apel, Seconded by Pease, that the P & Z forward the lot split request of Jim Knoll to the Council recommending approval of his lot split request per the resolution prepared by Staff. Motion carried on a 6-Yes, I-Absent (McMullen) vote. The item will be placed on the July 6, 1993, City Council agenda. 7:42 p.m. PUBLIC HEARING: LOT SPLIT, 135XX POppy STREET NW, ANOKA COUNTY COMMUNITY ACTION PROGRAM 7: 42 p. m. Mr. Carlberg reviewed the request of the Anoka County Community Action Program to subdivide a parcel on Poppy Street into two parcels. It is in an R-4 district. Water has not been available to this area, so each lot will have a separate well; however, two sewer stubs have been provided. Both parcels will exceed the minimum lot requirements. A $400 park dedication fee will be required for each parcel. ACCAP plans to relocate two buildings from the Round Lake Boulevard project onto these lots. Staff recommends approval with the J conditions of the payment of park dedication fees and subject to a sunset clause. Mr. Carlberg also noted the Commission may wish to recommend the park dedication fees be waived as a courtesy to another governmental agency, though there is no provision in the ordinance to do so. Other fees have been waived. The Park and Recreation Commission has not looked at this item since they do not get involved in lot split requests. The hearlng was opened for public testimony. Steve Kline, ACCAP Plannina Director - expressed gratitude for the cooperation received from the City. They are willing to negotiate something for the park dedication fee and would like to show good faith in terms of paying something. The houses are sold at cost to first-time home buyers, and they try to enhance the home to a higher level with the potential profits. Commissioner Jovanovich asked about the potential of City water. Mr. Carlberg explained it will not be available unless a majority of the residents petition for it or unless there is a health hazard. They are deep wells which meet state codes. He didn't believe the drilling of additional wells in that area is a factor. There are twin homes on both parcels abutting the proposed lots, which were allowed as part of the platting process. Staff received no comments from anyone on the proposed lot split. Commissioner Jovanovich felt the proposal would be a good use of the land and would enhance that area. \ / Commissioner Squires did not feel it would be equitable to waive the park dedication fees but would be comfortable if a standard policy would be established to waive fees for other governmental entities. In this \ U (.J Andover Planning and Zoning Commission Minutes - June 8, 1993 Page 3 . .J (Public Hearing: Lot Split, 135xx Poppy Street, ACCAP, Continued) case the City would be waiving the fee for the county, a larger governmental body; but since the ultimate use is for residential, he felt the $400 per lot would not be that much and should be applied. He again suggested a policy be established for the future. After further discussion, the Commission agreed to recommend the park fees be required but recognized that the City Council has the authority to waive them. MOTION by Peek, Seconded by Jovanovich, to close the public hearing. Motion carried on a 6-Yes, 1-Absent (McMullen) vote. MOTION by Peek, Seconded by Squires, that the Andover Planning and zoning commission forward to the City Council with the recommendation for approval the Resolution contained as exhibited in the packet for lot split request by the Anoka County Community Action Program to create two lots for placement of two relocated single family homes, parcels located at 135xx Poppy Street NW. Motion carried on a 6-Yes, 1-Absent (McMullen) vote. This item will be placed on the July 6, 1993, City Council agenda. 8:00 p.m. DISCUSSION _ RELOCATING STRUCTURES, 135XX POppy STREET NW, ANOKA COUNTY COMMUNITY ACTION PROGRAM , J Mr. Carlberg had photographs of the homes to be relocated from Round Lake Boulevard to the parcels to be created on Poppy Street (See previous item). The blue home is to be located on the southern parcel, and the yellow house will be relocated on the northern one-half of the lot split. Both will have detached garages, and they seem to be compatible with the neighboring area. The Building Department will inspect the structures to be sure they meet code. Steve Kline, ACCAP - stated any upgrading on the outside of the homes will be a function of the budget. They will have basements as approved by the Building Department. Mr. Almgren stated the homes are compatible, built within the same year as the surrounding homes. According to State law, they 10 not have to do anything to the homes outside of making them structurally sound. Commissioner Jovanovich stated she lives in that neighborhood and felt the homes would be an asset to that area. MOTION by Apel, Seconded by Jovanovich, that the P & z recommend to the City Council that these structures certainly appear to be compatible with the area and we would recommend that they be allowed to move into that area. Motion carried on a 6-Yes, 1-Absent (McMullen) vote. VARIANCES: LOT WIDTH, AREA REQUIREMENT AND SIDEYARD SETBACK FROM A MAJOR ARTERIAL - ROUND LAKE BOULEVARD NW, ANOKA COUNTY COMMUNITY ACTION PROGRAM '\ '. / Mr. Carlberg reviewed the variances requested for properties located along Round Lake Boulevard NW which are a result of the proposed construction of the road. The Anoka County Community Action Program is (~ o Andover Planning and Zoning Commission Minutes - June 8, 1993 Page 4 "- / (Variances: Round Lake Boulevard, ACCAP, Continued) interested in purchasing a number of these properties and applying for necessary variances where the houses are to remain and also where the houses will be removed. ACCAP will be constructing new homes on those lots where the existing home has been or will be removed. Steve Kline, ACCAP - explained the houses to be constructed on vacant lots will be end-loading ramblers with driveways from the side streets. The first house will access from 136th Avenue into the 24-foot attached garage. Commissioner Apel pointed out if the variances are granted, a new home can be constructed on the sites. If they are denied, they parcels will remain as unbuildable lots. He saw no reason for denying the variances. Mr. Carlberg stated for those houses remaining, if the variances are denied, they become nonconforming lots and the homes cannot be replaced if destroyed over 51 percent. Commissioner Squires stated they are being asked to allow variances to the City ordinances to resolve the problem the county may have created rendering the lot nonconforming. It appears to meet the definition of a hardship as it is a result of something that is not under the control of the property owner. The road will benefit the City and the residents, and the City is now in a position to grant the variances due to the hardship on those affected lots. / In discussing the situations further, it was also noted that two of the parcels will require a variance from the 40-foot setback requirement from a major arterial road. Several Commissioners also urged ACCAP to provide some berming along Round Lake Boulevard similar to that on the west side of the street. \ Mr. Kline - stated he too would like to see some berming along there but felt that is a function of the final layout. They do not intend to place decks on these structures. If decks are put on in the future and variances are needed, it will be the responsibility of the homeowner. Mr. Carlberg stated the Building Department will review the building plans with regard to potential decks per the ordinances. (Commissioner McMullen arrived at this time, 8:25 p.m.) \ J After further discussion, it was agreed the first four lots on which new homes will be constructed should be granted variances; however, an additional variance for the setback from a major arterial is needed for lots 3541 135th Lane NW and 13433 Round Lake Boulevard NW. Staff felt those variances can be recommended this evening even though it was not listed in the agenda material, as no ordinance is being violated by adding these additional variances. The Commission preferred a violation into the 40-foot setback from the major arterial road than from the six- foot interior lot line setback. The Commission again expressed a preference for a berm along Round Lake Boulevard for both aesthetics and safety, though they recognized that cannot be made a condition of the variances. They were also concerned about the similarity of the exteriors. \ '0 , \J Andover Planning and zoning Commission Minutes - June 8, 1993 Page 5 , / (Variances: Round Lake Boulevard, ACCAP, Continued) Mr. Kline - stated they will be similar in design, but they will vary the exterior with vinyl siding, the color of roof, etc. Mr. Almgren said they comply with the distances for similar style housing. They will have to comply with the surrounding area to make them look compatible. Mr. Kline - stated it is their desire to put in a berm. In some cities they work with the city engineers, providing plans that are reasonable. It is not something they can logistically do themselves. Their desire is to enhance the neighborhood, stating the City will be pleased with the end product. They will meet the concerns of the City to the best of their ability. Mr. Carlberg explained the intent is to combine the parcel at 3559 134th Avenue with the lot to the north. If that is done, only variances for setback from a major arterial and lot width will be needed. The homeowner would like to see the variance granted; as without itr it will be considered a nonconforming structure. Mr. Kline - stated they will hire a general contractor to improve the building which is to remain. He will be involved with the buyer and financing so the buyer is ready to go. They retain ownership until the ) house is sold. He thought this would be a two-bedroom home with a potential design for a third bedroom. MOTION by Apel, Seconded by McMullen, proposing that the Planning and Zoning Commission recommend to the City Council the approval of the variances requested by ACCAP on the property located at 13611 Round Lake Boulevard NW, the variances being the lot width of 15 feet variance to the lot width of 75 feet; the lot area of 11,400 varied by 150 square feet to 11,250 square feet. That on this particular property that the builder and owner work closely with the City Staff to provide some sort of berming along the Round Lake Boulevard side of the lot. Motion carried unanimously. MOTION by McMullenr Seconded by Jovanovich, that the Planning and Zoning Commission recommends that we approve the variances requested on the lot width at the building setback line and the lot area requirement for 13547 Round Lake Boulevard NW. Lot width being a variance of 15 feet to 75 feet; the lot area being the variance of 225 square feet to 11,175 square feet. That on this particular property that the builder and owner work closely with the City Staff to provide some sort of berming along the Round Lake Boulevard side of the lot. Motion carried unanimously. ) MOTION by Squires, Seconded by Apel, approval of variances proposed for 3541 135th Lane NW, variance of 19 feet on the lot width to 71 feet and variance of 525 square feet to 10,875 square feet on lot area. Also a variance on the side yard setback from a major arterial street of 3 feet to 37 feet. That on this particular property that the builder and owner work closely with the City Staff to provide some sort of berming along the Round Lake Boulevard side of the lot. Motion carried unanimously. <_J (J Andover Planning and Zoning Commission Minutes - June 8, 1993 Page 6 , / (Variances: Round Lake Boulevard, ACCAP, Continued) MOTION by Peek, Seconded by Jovanovich, recommend approval of the variances as requested for 13433 Round Lake Boulevard NW, primarily a lot width variance to 70 feet, a variance of 30 feet; lot area from the required 11,400 square feet to 10,188 square feet, a variance of 1212 square feet; and a variance of 4 feet into the 40-foot sideyard setback from a major arterial for a total of 36 feet. That on this particular property that the builder and owner work closely with the City Staff to provide some sort of berming along the Round Lake Boulevard side of the lot. Motion carried unanimously. MOTION by Pease, Seconded by Peek, the Planning and zoning Commission recommend to the City Council approval of the variances for 3559 134th Avenue NW; vary the setback for the major arterial of 23.83 feet; a variance of lot width to 53 feet instead of the required 100 feet, which is a variance of 47 feet; and to have consideration for a berm or some kind of sideyard berming protection. Variances on condition that the lot from the north be combined to the one on the south and that building removed. Motion carried unanimously. This item will be placed on the July 6, 1993, City Council agenda. ) PUBLIC HEARING: AMEND ORDINANCE NO.8, SECTION 8.08, PARKING REQUIREMENTS - CURB CUT STANDARDS Mr. Carlberg provided photos of homes with curb cuts of various widths. The City Council has directed the Planning Commission to consider an amendment changing the curb cut width from 24 feet maximum unless approved by the City Engineer to 12 feet per garage to a maximum of 36 feet unless a variance is granted. There have been a number of driveways constructed without City Engineer approval that are larger than 24 feet. At the time the ordinance was approved, it was commonplace to have two-car garages. Now three-car garages are common. The concern he has with the wider driveways is the aesthetics with the larger amount of frontage that is utilized for driveway on the smaller lots. Staff is also concerned about having no place to put the snow with so much area taken up as driveways, especially in cul-de-sacs. Mr. Carlberg also questioned how much more water is added to the storm drainage with the additional hard-surfaced driveways. There was a lengthy Commission discussion on possible alternatives. Mr. Almgren explained the minimum of 12 feet wide was reached with one-car garages and lot widths of 300 feet. The 24-foot width was required because the street width was 26 feet and they did not want driveways wider than the streets. In the last three to four years they have been building three- and four-car garages. He felt the lot size restricts the width of the driveways on cul-de-sacs, so that may not be much of a problem. He also felt that those building the $250,000+ homes should be able to put in the width of driveway they want. "\ / \ 'j \- ) Andover Planning and zoning Commission Minutes - June 8, 1993 Page 7 I (Public Hearing: Ordinance 8, Section 8.08, Parking, Continued) The Commission suggested the possibilities of requiring a minimum green space, that larger driveways be allowed on the larger lots. They suggested Staff determine a minimum and a maximum width based on the percentages of the frontage, similar to what is done in Blaine. They agreed to table the item, asking Staff and/or the ARC Committee to determine a more definitive and more restrictive requirement. MOTION by Apel, Seconded by McMullen, to table this item until the next meeting and let Staff look at it for additional information. Motion carried unanimously. VARIANCE: ORDINANCE NO. 10, SECTION 9.06(A)(3), 39,000 SQUARE-FOOT REQUIREMENT - 1487 161ST AVENUE NW, TONY EMMERICH Commissioner Apel questioned the request to vary from the 39,000 square- foot requirement, as that has not been varied from in the past. Mr. Almgren didn't have a problem with this variance. Commissioner Apel fel t in this case there is a conflict between adhering to the Tree Ordinance and to the Septic System Ordinance. Mr. Almgren felt that because the Septic System Ordinance was in place first, that would take precedence. Tonv Emmerich - stated the parcel does have 39,000 square feetr but it is not contiguous. This is a very unique situation which he felt meets the intent but not the specifics of the ordinance. If the specifics of the ordinance are to be met, they would have to destroy a significant number of trees, which the owner does not want to do. Hr. Carlberg noted a sketch that indicates the Iotas is has room for the house, an accessory building and two septic systems. In order to get around removing the trees and grading, Mr. Emmerich has requested a variance. The Tree Commission has not reviewed this, but the City is interested in preserving large stands of significant trees. This was never an issue before; however, now they are running into the wetland and protection of trees; and meeting the requirement is becoming more and more difficult. Mr. Carlberg felt that a specific number of square feet must be stated for the variance. ~r. Emmerich - stated he did not have a specific number from which they would vary. He felt they would be varying from the word "contiguous". There is no problem with room for a primary and a secondary septic system. He felt the intent of the ordinance is to provide for a primary and secondary septic systems to support a home at a certain elevation plus support an accessory building. That intent is accomplished on this lot, though the specific number in the ordinance is not met. .' Commissioner Apel stated property on which taxes were paid for 15 or more years is now being found unbuildable because of the inflexibility of ordinances and changes regarding trees and wetlands. He felt the septic system ordinance is very anti-ecological with no logical basis \ \_~ ~~) Andover Planning and Zoning Commission Minutes - June 8, 1993 Page 8 ./ (Variance: 39,000 S.F. Requirement, 1487 161st Avenue, Continued) for maintaining the position of strict enforcement. He was hesitant to bulldoze the trees out and change an aesthetically pleasing environment just to come up with the number in the ordinance, stating that common sense dictates the variance be granted. MOTION by Apel, Seconded by McMullen, the Resolution approving the variance request of Tony Emmerich; WHEREAS the P & Z reviewed the request and has determined that said request meets the requirements set forth in Ordinance No. 10, Section 9.06a(3); and WHEREAS the Planning and Zoning Commission recommends to the City Council approval of the variance request as it does meet the criteria of Ordinance No. 10, Section 17.01; add another WHEREAS strict adherence to Ordinance 10, Section 9.06a(e) would be in direct conflict with the Tree Preservation Policy in the City of Andover, we feel that this variance request should be approved. In the last paragraph, add hereby approve the variance requested by Tony Emmerich Construction to Ordinance No. 10, Section 9.06a(3). Motion carried unanimously. The item will be placed on the July 6, 1993, City Council agenda. VARIANCE: ORDINANCE NO. 10, SECTION 9.06(A)(3), 150' X 150' BUILDABLE AREA - 16XXX HANSON BOULEVARD NW, TONY EMMERICH / Mr. Carlberg reviewed the request of Tony Emmerich Constructionr Inc., to vary from the buildable area requirement to construct a home at l6xxx Hanson Boulevard NW. The variance is needed because of the large power line easement on the property which creates a hardship in achieving the building pad area. To fill an area to achieve the 150' x 150' buildable area pad would mean a large number of trees would have to be destroyed. Mr. Almgren pointed out the 39,000 square-foot requirement is met within the power line easement; however, the home cannot be constructed within that easement. He proposed the building pad be established immediately east of the easement line following the 900-foot elevation to about 15 feet from the structure dropping at a 2 percent slope. The garage floor would be at 908.6 feet. This situation provides a 150' x 100' building pad without going into the easement, does not destroy any trees, and fits in with the surrounding area. The driveway will come out to Hanson Boulevard. He has never had a situation like this before. Tonv Emmerich - stated he was concerned about not wanting to take out trees to create that building pad. Commissioner Apel noted that all other easements are included in the 39,000 square-foot requirement; therefore, the power line easement should also be considered in that calculation. In the past, the buildable lot had to contain 39,9000 square feet. This lot meets that requirement. In this particular case, he didn't think a variance is needed, that there is nothing to vary from. ) Mr. AJ.mgren felt a variance is needed for the building pad. By taking 50 feet from the building setback line within the easement, the building pad would meet the 150' x 150 requirement. He too felt the ordinance ) \. ./ " I ~ Andover Planning and Zoning Commission Minutes - June 8, 1993 "\ Page 9 J (Variance: 150' x 150' Buildable Area, 16xxx Hanson Blvd, Continued) may have to be changed because of the many different lots corning in. Mr. Carlberg felt the problem is there is "buildable" for septic systems, and there is "buildable" for principal structures; but the ordinance doesn't distinguish between the two. Commissioner Peek noted the land under the easement is unbuildable for the structure and felt the variance would then be for over 31,000 square feet. Mr. Almgren argued the 39,000 square feet is exceeded; the issue is a building pad for the structure outside of the power line easement. \ ) MOTION by Apel, Seconded by McMullen, that we recommend approval of the variance request of Tony Emmerich Construction, Inc., for the Hanson Boulevard property; WHEREAS the Planning and zoning Commission has determined that said request meets the requirements set forth in Ordinance No. 10, Section 9.06a(3) because the area to the east of the power line easement comprises an area of 100' x 150', which is 15,000 square feet, and the area to the west of the power line easement comprises at least an area 50 x 150 square feet, which is 7,500 square feet, those two together comprises the building pad of 150' x 150', equalling 22,500 square feet; it might be noted also there is at least 42,000 square feet of high buildable land on this particular lot. WHEREAS the Planning and zoning Commission recommends to the City Council approval of the variance request requested by Tony Emmerich Construction, Inc. Motion carried on a 6-Yes, 1-No (Peek) vote. Cooonissioner Pease recommended the Commission revisit this portion of the ordinance again to provide a better definition of what is contiguous and what is buildable. Right now it is very restrictive, and she felt something broader is needed. The Commission agreed. There being no further business, Chairperson Dehn declared the meeting adjourned at 10:32 p.m. Respectfully submitted, ~~a~~L Recording Secretary , )