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HomeMy WebLinkAboutJuly 13, 1993 o o '~J CA CITY of ANDOVER PLANNING AND ZONING COMMISSION MEETING - JULY 13, 1993 MINUTES The Regular Bi-Monthly Meeting of the Andover Planning and zoning Commission was called to order by Chairperson Bonnie Dehn on July 13, 1993, 7:30 p.m. at the Andover City Hallr 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners absent: Also present: Maynard Apel, Bev Jovanovich, Becky Pease, Randy Peek (arrived at 7:34 p.m.), Jay Squires Marc McMullen City Planner, David Carlberg Others Commissioners present: APPROVAL OF MINUTES June 22, 1993: Correct as written. MOTION by Apel, Seconded by Jovanovich, to accept the Minutes as written. Motion carried on a 5-Yes, 2-Absent (McMullen, Peek) vote. () VARIANCE: AUTO REPAIR GARAGE IN RESIDENTIAL DISTRICT - 2814 134TH AVENUE NW, JOHN KUNZA (Commissioner Peek arrived at this time, 7:34 p.m.) Mr. Carlberg reviewed the request of John Kunza to continue operating a commercial use known as Crooked Lake Tire in a residential district. He noted Ordinance No.8, Section 5.04 establishes the variance procedure which must have to do with the characteristics of the land and not the property owner. Because repair garages are not permitted in residential areas and have not been allowed since the ordinance was adopted on January 1, 1971, Staff is recommending denial of the request. During the discussion, it was understood that the business had been in operation for 18 years and that it was brought up now at a Council meeting and Staff pursued it further. Mr. Carlberg stated Staff has received not received complaints, though the issue has been raised. o John Kunza, 2814 134th Avenue NW - started the business 18 years ago. Because of an accident, he was not able to be employed, so he started this. He sells new and used tires, mounts and balances them; that is all. The only oil he changes is for his own trucks. The City has purchased tires from him over the 18 years, including as recently as a week ago Friday. Last october the City granted a permit to expand his garage by 18' x 24' because he needed more room. Three days after the last inspection, he received a letter from the City saying he was supposed to cease business by October 28. He didn't think that was fair. He also reviewed the use of the other buildings on his parcel, one being used to store used tires, lawn mower and equipment, and the other to store wood and old rims until there is enough to haul away. , '\ ~-j , \ \J Andover Planning and Zoning Commission Meeting Minutes - July 13, 1993 Page 2 ) (Variance: Auto Repair Garage in Residential Business, Kunza, Cont.) Mr. Kunza stated he has had no complaints from his neighborsr plus he is supported by the other businesses in Andover. He presented a petition signed by residents who wish to see him continue his operation. He also had pictures of several residences and challenged the Commission to determine which one is his. He stated there have never been tires stacked outside on his premises and that one cannot even tell that he runs a business there. There are no signs, no junk, never a lot of cars around, and he works normal hours. The number of cars daily varies, probably around ten, though many are there just to talk to him because they know he is home all the time. Mr. Carlberg researched the building permit application and found that it did not request the expansion for commercial purposes. '\ , , j Ken Orttel, 2772 Bunker Lake Boulevard NW - has lived at this address for three years, but for the prior ten or so years he lived next door to Mr. Kunza. He lived there for a period of time before he knew about the business, which speaks to the type of business Mr. Kunza runs. Mr. Kunza has also told him that he received a summons this last Friday giving him 20 days to respond. At first Mr. Orttel didn't think that was right because the hearing wasn't until today. He didn't know how this happened that a summons was served before the hearing, but that is unacceptable in the City of Andover. Mr. Orttel stated the City ordinance adopted in 1971 was basically cloned from the City of St. Louis Park. Over the years it has been amended frequently as needed to keep up with changing times and the changing community standards. Basically local ordinances are a codification of the standards and the values of the residents of the City. Initially no businesses were allowed in the homes, and it was amended over the years to allow more and more businesses in the homes. Today more and more businesses start in the homes. When recent changes in the ordinance were made to allow service-type businesses, the automobile type uses were eliminated. This resulted from the City's "autophobia" because of what happened in the early days with the junkyards; and in some cases the bandage has been bigger than the wound ever was. The other reason they were not allowed is auto repair garages were determined not to be able to operate in a residential type setting and wouldn't be acceptable. It is interesting to note that Mr. Kunza operated in a residential area for 18 years and he is not aware of a single complaint from the neighborhood. Mr. Orttel stated the ordinances aren't keeping up with the standards and values of the community. He related a past practice of several Planning Commission members seeking out and reporting on their neighbors, and the Council said no. The neighborhood sets the standards, and that has worked well for years in Andover. He felt Mr. Kunza gives the best example of how this can exist in the neighborhood. , ) Mr. Orttel felt the variance procedure is not the best way to handle this situation. He proposed allowing it under a Special Use Permit '. ) o Andover Planning and zoning Commission Meeting Minutes - July 13, 1993 Page 3 (Variance: Auto Repair Garage in Residential Business, Kunza, Cont.) which allows the City to set up the parameters on an individual basis to allow this use in a neighborhood. He was also concerned that the person on the Planning Commission years ago is now a Councilmember, and he was told it was that Councilmember who submitted the complaint based on receiving a complaint from a competitor in another city. He felt it is outrageous conduct for a person to use his political office to ruin a person's livelihood. Mr. Orttel stated the Commission has the ability to recommend to the City Council that the ordinance be changed. He recommended the definition of auto repair garages be changed to allow other types of uses by special Use. He would also like to see a message sent to the City Council that the procedure by which this was handled stinks, both the summons before the hearing and doing a favor for a business in another City by finding against a resident in Andover. He asked to return to the policy that the neighbors impact the activities of the neighborhood and are the ones that should file the complaints. / Charlie Veiman, 13646 Crooked Lake Boulevard NW - agreed with Mr. Orttel. He has known Mr. Kunza for 16 years and has used his service. The facilities are very clean. The customers are treated well, the way they liked to be treated. A Special Use Permit was given to another business in the area, Sloth Brothers Nursery, plus others in the City. About 70 percent of the new jobs are being created by small businesses, and more jobs are needed in the United States and in Minnesota. He asked what is the business doing to the neighborhood. It is beneficial, and the residents want to see the City do what is right and allow him to continue. , Marvin Davis, 2829 134th Avenue NW - can see everything that goes on in Mr. Kunza's yard from his front window. There has never been a problem with traffic or unsightliness. He has lived there since 1980, and one of the things he likes about having the business there is that it brings people to the neighborhood during the day. There is a row of empty houses without it. His wife has said it is nice to have someone around during the day and has eliminated the problem of burglaries found elsewhere in the City. He has never observed Mr. Kunza changing oil or antifreeze or anything else that would lead to the general complaints of a service garage. No hazardous material, parts, or broken vehicles lie around there. When the garage door is closed, there is no way to tell there is a business there. Mr. Davis appreciated the fact that Mr. Kunza operated his business in the neighborhood and would be disappointed if he were not allowed to operate. Mr. Orttel - noted when the business was started, the area directly across the street contained the Crooked Lake Store and a bar, which until ten years ago was one of the roughest bars in Anoka County. There is also Millie's down the street and the Crooked Lake Park, which is almost a commercial-type business. When he lived there, the traffic from Crooked Lake beach was parked all the way up Crooked Lake Boulevard. He also noted that one of Anoka County's largest employers, Medtronics, was started in a garage in Columbia Heights; and the City allowed them to continue. There are many, many businesses operating out of garages and basements throughout the United States. It is not all bad. / : \ \~-.J u Andover Planning and Zoning Commission Meeting Minutes - July 13, 1993 Page 4 / (Variance: Auto Repair Garage in Residential Business, Kunza, Cant.) Jack McKelvey - stated he is not before the Council as Mayor, but as a resident and friend of John Kunza for at least ten years. He has spent many hours at Mr. Kunza's place and has never seen tires setting outside and never more than one or two cars in the driveway at a time. Half of the people there just stop by to visit. Mr. Kunza runs a clean business, and Mr. McKelvey agreed with Mr. Orttel that some changes need to be made to the ordinances to allow businesses that are not offensive to the area. In this case, everyone in the neighborhood would like to see this remain. Mr. Kunza's one mistake was to place an advertisement in the yellow pages this year. A competitor from another city saw it and made the complaint, and this is the first time they could complain because they didn't know the address. Mr. Kunza sells tires to everyone much cheaper than anyone around. When he first found out about the business, he couldn' t even find the place. In talking with City employees, he found only three who had not purchased tires from Mr. Kunza. Mr. Kunza has a few employees since he cannot do the heavy work because of his back. It was his opinion that the ordinance should be changed to protect businesses like this if the neighborhood wants them. '\ ) Gary Roley, 2815 135th Circle - would like to see Mr. Kunza stay there. Mr. Kunza is a service to the community. Mr. Roley stated he didn't even know where the business was until one of his neighbors told him; and he had to be told several different times because he couldn't find the place. He has been doing business with Mr. Kunza four to five times a year. Mr. Kunza is very congenial and helps everybody. It is a convenience to have him located just down the street. He felt it would be a real loss for his family and for all neighbors that do business with Mr. Kunza if he is not allowed to continue. Mr. Kunza deserves to be there, that he should be allowed to retire there. That would be true justice and the American way. Hare Stuart, Fox Street, Harefield Farms - is a small businessman in Andover. He can relate to what Mr. Kunza is going through and it sickens him. He expressed great frustration and anger that the City would put a man through this kind of grief; and if he found that a representative of the City Council did this, he would demand a resignation. This is a good community business that is hard to find. He felt that this treatment based on some political whim should be investigated and not allowed. And he asked that his agenda item for a Special Use Permit be cancelled for this evening because he was too upset to deal with it. Pat Adrians, 155 Round Lake Boulevard - stated she uses the services of Crooked Lake Tires. She cannot afford the higher-priced tires. She has been going to Mr. Kunza for tires because he takes good care of her, and her livelihood depends on him. She couldn't see a community doing this to a resident and felt it is very low if the City forces him to stop. '\ ) Jim McCarthy - has the car dealership on Highway 10. Mr. Kunza does all their work on an appointment basis. It is the cleanest business Mr. McCarthy has ever seen in the tire business. He has sent all his .' \ I...J (~) Andover Planning and Zoning Commission Meeting Minutes - July 13, 1993 Page 5 / (Variance: Auto Repair Garage in Residential Business, Kunza, Cant.) friends and relatives to Mr. Kunza, and he has to draw a map to get there because no one can find it by just driving by. It is not an eye sore in the community. Mr. Kunza does a good job for his business, fixing flats very quickly. Laurie Kunza - stated her dad has been in the business for a long time. When people can't afford the tires, he gives them tires. She thought it is really sad that somebody wants to shut him down. Cindy Kunza - stated her dad has been in business for a very long time. It has always been family members that work there. She works for him part time, and it is never going to get any bigger. Her dad has also employed some people who really needed the money, and that was his way to help them without hurting their feelings. She has taken her children down the street to the store, and tons of people ask where Crooked Lake Tire is because they can't find it. The tire shop is not an eye sore nor do the neighbors want him shut down. This business is more to help the community that to make a dollar. Greq Kulenskv for 16 years. is an asset to - lives two doors down from Mr. Kunza and has lived there He stated Mr. Kunza is a caring, considerate person who the community. " ) Clarence? - lives next door to Mr. Kunza. He does a lot of business with Mr. Kunza and has never seen a more clean, courteous, or helpful place. It is a help to the community and he'd like to see Mr. Kunza stay there. Steve Klimouskv, 3512 135th Lane - has known Mr. Kunza for 25 years. Mr. Kunza is a unique individual who is there when needed. He got involved with Mr. Kunza early in the business. Being in the construction trade, he took this issue to his attorney because as a small businessman, Mr. Kunza cannot afford legal counsel. He found that this type of business is permissible in other cities, asking why not Andover. The local government should be dealing with the concerns of the local citizens, who are endorsing this business. Take it away and the City will be hurting their community. The alternative is to look at a Special Use Permit. Why isn't there consideration to amending the definitions because the existing statute is hurting small businessmen. He does not want to see Mr. Kunza go. Roqer Noves, 13329 Eidelweiss stated he has been on the Fire Department for the past 12 to 13 years. If all tire businesses were run like Mr. Kunza's, they would not have had fires like the one they had at the tire pile, which was the biggest fire the Department ever fought. Mr. Kunza keeps his business neat and clean. He stopped by today and saw seven tires ready to be recycled. That is all he had in there. ) There were no tires laying around anywhere. Harold Larson, 2839 134th Avenue - met Mr. Kunza since he first moved there. He stated Mr. Kunza is a heck of a guy who runs a clean place. He "dittos" everything everyone has said this evening. \ '- / ,--) Andover Planning and Zoning Commission Meeting Minutes - July 13, 1993 Page 6 (Variance: Auto Repair Garage in Residential Business, Kunza, Cont.) Ernie Phannenschmidt, 1710 Third Avenue, Anoka - does not know Mr. Kunza but wants to know where he is located! Chairperson Dehn stated she has looked for Crooked Lake Tires and couldn't find it either. She felt that the ordinance needs to be amended and expressed disappointment that the City issued the summons. She felt Mr. Kunza provides a service to the community and is very, very conducive to the area. She was also bothered by the fact that he has been in business for 18 years and that the City has purchased tires from him, so why is this an issue now? Commissioner Apel stated the important issue is that just because something is legal per the ordinance doesn't make it ethically or morally good. He felt more common sense is needed and a willingness of the people to take direct responsibility for decision making rather than hide behind the rules. Here is a man who was disabled 18 to 20 years ago; and rather than go on welfare, he decided to do something with the rest of his life and go into this business. As long as it is not bothering anybody, he felt Mr. Kunza should be left alone and in no way would he be a party to closing Mr. Kunza down. / Commissioner Squires noted the Commission has no option but to enforce the ordinances. This is a case where there are a lot of facts which support no other conclusion than that Mr. Kunza hasn't been treated very fairly. Under State statute, they are not allowed to grant use variances; and this is a use variance. By granting the variance, they would be in violation of the State law. He suggested to Staff that between now and the next meeting, that they take a closer look at the ordinance to see if there is any other way to deal with this or to suggest a change in the ordinance to accommodate this situation. The Commission discussed the current ordinance, with Mr. Carlberg noting the Staff interpretation is that the use is clearly a repair garage and definitely is not permitted. He also argued the question of why such businesses should be allowed in residential areas and not pay commercial taxes when the City is trying to interest similar businesses to its commercial area where commercial taxes are paid. He also noted that Staff followed the procedure for a business operating in violation of the ordinance and that he has been attempting to work something out with Mr. Kunza since last fall. The legal proceedings were started a long time ago and notices were not answered. Several Commissioners indicated a possibility of a different interpretation or to amend the ordinance to make it a permissible use in a residential area. However, everyone should have the same protection even if they don't have the same neighborhood support. It was agreed that a use variance cannot be issued. Discussion was also on the summons, as Mr. Kunza was given 20 days to respond and a decision probably will not be made within that time period. Commissioner Squires suggested Mr. Kunza call the City attorney and ask for an extension. / , \ 'J () Andover Planning and Zoning Commission Meeting Minutes - July 13, 1993 Page 7 / (Variance: Auto Repair Garage in Residential Business, Kunza, Cont.) MOTION by Squires, Seconded by Apel, that the item for a variance be tabled because it cannot be legitimately granted. In the mean time, have Staff look at potentially fitting it in the ordinance. Suggest to the City Council that the City Attorney grant an indefinite extension to the summons to allow Mr. Kunza to continue while the Commission is resolving this issue; and have Staff bring back some recommendations and ideas with suggested restrictions for this use to be allowed in a residential area. Suggest that the item be laid on the table for an indefinite period until the Commission has time to consider those suggestions and that the variance application come back at the same time that the other alternatives are brought back. Motion carried on a 6- Yes, I-Absent (McMullen) vote. The Commission urged residents to get involved in any ordinance change. The Commission recessed at this time; 8:44. Reconvened at 8:47 p.m. PUBLIC HEARING CONTINUED: SPECIAL USE PERMIT - COMMERCIAL GREENHOUSE, COMMERCIAL RECREATIONAL FACILITIES AND CONSTRUCTION OF AN ACCESSORY ) STRUCTURE PRIOR TO PRINCIPAL, 17154 SEVENTH AVENUE NW - HARE STUART 8:47 P.M. Mr. Carlberg stated he received a corrected sketch plan from Mr. Stuart just a few minutes before this evening's meeting, and he has not had time to review it. Because of this and because of Mr. Stuart's request while speaking in the last agenda item to table the item, the Commission agreed to table this to the next meeting. MOTION by Apel, Seconded by Peek, that since we do not have the updated sketch plan and we have a real long agenda, and Mr. Stuart indicated previously to table, that we table this until the next regularly scheduled meeting. Motion carried on a 6-Yes, I-Absent (McMullen) vote. Item tabled to July 27, 1993. 8:49 p.m. PUBLIC HEARING: PRELIMINARY PLAT - WOODLAND POND, 14114 ROUND LAKE BOULEVARD NW - UPTOWN CONSTRUCTION AND FINEST HOMES 8:49 p.m. Mr. Carlberg reviewed the preliminary plat of Woodland Pond located off Round Lake Boulevard in the vicinity of 141st Lane NW. The plat consists of 11 single family urban residential lots. A variance is required for Lot 1, Block 1 for lot depth to allow 141st Lane NW to align with the street located on the east side of Round Lake Boulevard. The Park and Recreation Commission is recommending cash in lieu of land. There will be no permanent monument signs. , / The Commission questioned if there is a problem with the title of the plat and asked if there has been any comment from Woodland Development. Mr. Carlberg had not received any comment, but he will look into it prior to the City Council meeting. \. ) , (-) Andover Planning and Zoning Commission Meeting Minutes - July 13, 1993 Page 8 (Public Hearing: Preliminary Plat, Woodland Pond, Continued) The hearing was opened for public testimony. Torn Zurn, 3670 142nd Avenue NW - understood there would be an abutting his back yard. Mr. Carlberg explained the utility extends along the southern edge of the plat. Abutting his yard the normal five- or ten-foot easements for drainage and purposes. easement easement would be utili ty MOTION by Pease, Seconded by Jovanovich, to close the public hearing. Motion carried on a 6-Yes, l-Absent (McMullen) vote. There was some concern about the setback for a possible deck on the side of the lots facing Round Lake Boulevard. Mr. Carlberg stated that would be determined at the time the sketch is done for the building permit, though possibly something could be included in the legend so it is known at the time of the sale. The setback off Round Lake Blvd. is 40 feet. MOTION by Peek, Seconded by Pease, that the Andover Planning and Zoning Commission recommend to the City Council adopt of the Resolution contained as an exhibit in the Planning Commission's packet with the following change, Item 1, Lot 11 is changed to Lot 1. Motion carried on a 6-Yes, l-Absent (McMullen) vote. This will be on the August 3, 1993, City Council agenda. 9:05 p.m. .' PUBLIC HEARING: AMENDED SPECIAL USE PERMIT - EXPAND KENNEL OPERATION, 16422 HANSON BOULEVARD NW - JEFF BERGERON (DOVER KENNELS) 9:05 p.m. Mr. Carlberg reviewed the request of Jeff Bergeron, owner of Dover Kennels to expand the kennel operation from 45 dogs to 60 dogs. The original Special Use Permit was granted in 1988 for 26 dogs. It was amended in 1992 to expand to 45 dogs, and the request is now to increase to 60 dogs. There have been no complaints regarding his operation. The applicant has indicated there is a real need for his services and this request is needed to provide further service to the community. The hearing was opened for public testimony. Jeff Berqeron, 16422 Hanson Boulevard NW - stated he will not be expanding his building to accommodate the 60 dogs. He currently has 48 runs in the facility, but many are dog families where more than one dog is kept in the same run. If he remains a family business, 60 dogs would be his capacity. If he wants to expand, he would have to hire employees. He stated there is a real need for dog kennels in Andover, and he is not even beginning to meet it. Over the Fourth of July weekend, he turned away 60 dogs. The more the City grows, the more his business will grow. There is still buffering around his entire operation. / MOTION by Apel, Seconded by Pease, to close the public hearing. Motion carried on a 6-Yes, l-Absent (McMullen) vote. . " 'J , , v Andover Planning and Zoning Commission Meeting Minutes - July 13, 1993 " Page 9 / (Public Hearing: Amended Special Use Permit, Bergeron, Continued) MOTION by Apel, Seconded by Pease, that we send the Resolution to the City Council granting the Amended Special Use Permit request of Jeff Bergeron, and the request will take the exact form of the Resolution No. 161-92. The only change we will make on it goes from 45 dogs to 60 dogs. Motion carried on a 6-Yes, 1-Absent (McMullen) vote. This will be on the August 3, 1993, City Council agenda. 9:16 p.m. PUBLIC HEARING CONTINUED: AMEND ORDINANCE NO.8, SECTION 8.08, PARKING REQUIREMENTS - CURB CUT STANDARDS 9:16 p.m. Mr. Carlberg explained the amendment is to require a maximum of a 24-foot driveway width at the street curb to the right-of- way/property line. Other residential driveway widths shall not exceed 30 feet. Because the City's standard is now for surmountable curbs, the term "curb cub" has been eliminated. The right-of-way line and the property line are one in the same. Chairperson Dehn opened the hearing for public testimony. none. There was "' / MOTION by Pease, Seconded by Jovanovich, to close the public hearing. Motion carried on a 6-Yes, 1-Absent (McMullen) vote. MOTION by Jovanovich, Seconded by of Ordinance No. 8 as written. (McMullen) vote. This will be Council agenda. 9:21 p.m. Squires, to adopt the ordinance change Motion carried on a 6-Yes, 1-Absent placed on the August 3, 1993 , City PUBLIC HEARING: AMEND ORDINANCE NO., 8, SECTION 4.21, FENCES AND WALLS - FENCE MATERIALS AND LOCATION OF FENCING 9:21 p.m. Mr. Carlberg stated the Commission has been asked by the City Council to consider the materials and type of fencing permitted, as currently the ordinance does not specify the type of materials a fence can be constructed of in residential districts. In 1992 the Commission recommended no change to this provision of the ordinance. To his knowledge there has not been a problem. ,I Mr. Carlberg also stated that in addition, the Public Works Department has asked the Commission to consider placing a provision in Section 4.21 that would not allow fencing on drainage and utility easements when the City deems it necessary to access the area for the maintenance of City utilities. They have a problem getting in to maintain storm drainage situations in backyards if it is all fenced in. The current ordinance allows fencing on the property line, and an amendment would not allow fencing on the easements when the City deems it necessary to access that area for maintenance. ~- ) . \ i J ,~' Andover Planning and Zoning Commission Meeting Minutes - July 13, 1993 Page 10 J (Public Hearing: Amend Ordinance 8, 4.21, Fences & Walls, Continued) The Commission discussed the two requests. Because there has been no complaints on fencing materials and because of the difficulty of writing an ordinance which would list all acceptable materials, the Commission felt the ordinance as is works well and should not be changed at this time. There was some discussion on the possibility of specifying a minimum and maximum height for security arm fences, such as from six to eight feet. The Commission acknowledged the difficulty of storm drainage maintenance when the area is fenced in. Chairperson Dehn opened the public hearing. MOTION by Pease, Seconded by Apel, to continue the public hearing and direct Staff to re-advertise. DISCUSSION: The Commission discussed various scenarios where storm drainage areas may need to be cleaned. Mr. Carlberg was asked to establish some cases and examples where no fencing is needed and warranted. Mr. Carlberg stated no permit is needed for a resident to fence property; however, the majority do call the City prior to installing a fence to obtain the requirements. Possibly something will have to be tied to the platting process as to where fencing can or cannot be placed. He will also ask Staff to consider a change as proposed versus requiring fences to be outside of drainage easements unless the City gives permission to put it on the property line. Motion carried on a 6-Yes, 1-Absent (McMullen) vote. , / VARIANCE: CONSTRUCTION OF ACCESSORY STRUCTURE CLOSER TO FRONT LOT LINE THAN PRINCIPAL/DESIGN AND EXTERIOR FINISH - 1054 161ST AVENUE NW, JANIE AND ALLEN HEMMELGARN Mr. Carlberg reviewed the request of Janie and Allen Hemmelgarn to allow the construction of a pole building closer to the front lot line than the principal structure that is not constructed in similar design and exterior finish as the principal structure. The home faces west, but the front lot line is considered on 161st to the north. Staff is recommending approval based on the fact that a variance was granted in a similar situation on Ward Lake Drive. The accessory building would not be visible from the road. Being closer to the front lot line than the principal structure is not the problem; it is the exterior material that requires the variance. The Commission determined there is no buildable area on the east side of the principal structure, and there is a definite barrier to placing it behind or to the south. , MOTION by Apel, Seconded by Jovanovich, to recommend that we send to the City Council a recommendation of approval of the Resolution for the variance for the accessory building as presented by Staff. Motion carried on a 6-Yes, 1-Absent (MCMullen) vote. j \) '. Andover Planning and Zoning Commission Meeting Minutes - July 13, 1993 Page 11 VARIANCE: CONSTRUCT SINGLE FAMILY HOME ON PARCEL WITHOUT FRONTAGE ON A PUBLIC RIGHT OF WAY - 175XX ROUND LAKE BOULEVARD NW, ARTHUR SWANSON Mr. Carlberg reviewed the request of Arthur Swanson to vary from the frontage and width requirements on a parcel. He noted the lot does not have frontage on a public street right of way which has been accepted and is currently maintained by the City. Plus it does not meet the minimum requirement for lot width at the front setback line of 40 feet since the property line is 300 feet from Round Lake Boulevard. Because the parcel does not have the frontage on a publicly maintained and dedicated right of way, the front lot line cannot be established. Mr. Swanson has legal access to the property through an easement access, but he does not own that access. Staff is recommending denial. All similiar requests where only an easement provides access to a parcel from a dedicated street have been denied. Mr. Carlberg stated when the property around this parcel was developed, the owner at that time was asked to develop as well. He did not want to participate. This problem could have been resolved at that time. Arthur Swanson - stated he owns the parcel in fee, having purchased it last year. That is the only parcel not built on. He has letters from all the neighbors indicating agreement with the construction of a house. He stated along Seventh Avenue there are a lot of parcels at the end of stub streets. The Commission indicated those were allowed prior to the ordinance. Mr. Carlberg explained the different requirements between the metes and bounds subdivisions and platted areas. He felt Mr. Swansen has two options, to construct a City street that meets rural specifications or to sell the property to the adjacent property owner, combine it and utilize it. Mr. Swanson - explained he has a statement made by the City Attorney to the owner in 1986 that the City would not issue a building permit on that parcel until a driveway was constructed to City standards. He is prepared to do that. At the time of the purchase he was assured by the seller in the purchase agreement that the road situation was taken care of. He then gave some background on the creation of that lot. The Commission noted a driveway was to city road standards in those days. Now the requirement is for a standard city street which has been dedicated and accepted by the City. Mr. Swanson would have to pay those costs. They suggested he talk with the Acting City Engineer as to the procedure for constructing a standard City street to his property. MOTION by Apel, Seconded by Squires, the Resolution denying the variance as prepared by Staff. Motion carried on a 6-Yes, 1-Absent (McMullen) vote. This will be on the August 3, 1993, Council agenda. / no further business, Chairperson Dehn declared the meeting 10:19 p.m. e GLuL Peach, Recording Secretary