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HomeMy WebLinkAboutOctober 26, 1993 o () cJ ~ CITY of ANDOVER PLANNING AND ZONING COMMISSION MEETING - OCTOBER 26, 1993 MINUTES The Regular Bi-Monthly Meeting of the Andover Planning and zoning Commission was called to order by Chairperson Bonnie Dehn on October 26, 1993, 7:30 p.m. at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Maynard Apel, Bev Jovanovich, Randy Peek, Jerry Putnam, Jay Squires Becky Pease City Planner, David Carlberg Others Commissioners absent: Also present: APPROVAL OF MINUTES September 28, 1993: Correct as written. MOTION by Apel, Seconded by Jovanovich, approval as written. carried on a 6-Yes, I-Absent (Pease) vote. Motion ~J SKETCH PLAN: TIMBER ESTATES - PART OF SECTIONS 8 AND 17 - WOODLAND DEVELOPMENT COMPANY Bvron Westlund, Woodland Development explained the proposed development would consist of 34 two and one-half-acre lots located on the west side of Round Lake Boulevard, just south of Timber Meadows. The Andover Review Committee has made several recommendations that they agree with. Mr. Carlberg reviewed the Review Committee's recommended changes, that is to keep access off Round Lake Boulevard to try to eliminate entrances to it and that the northerly two east and west streets be designed with no horizontal curves. Tulip Street is a designated MSA street and the intent is to eliminate direct driveway access to it. Also, the recommendation is to provide a road to the southern border to tie in with future development of the property to the south. That will end in a cul-de-sac at this time. In addition, county ditch No. 6 is to be the boundary line between lots. The developers will be required to meet all ordinance requirements and obtain all necessary permits. The Commission generally agreed with the sketch plan with the recommended changes. The main concern was on the condition of Tulip Street, questioning when that road would be improved. Mr. Carlberg was not sure of the time frame for improving that road, but the continued development of that area will necessitate upgrading it as soon as possible. CJ Chairperson Dehn noted there are two waste dump sites on the property. , '~ . , , -) Regular Andover Planning and Zoning Commission Meeting Minutes - October 26, 1993 " Page 2 / (Sketch Plan - Timber Estates, Continued) Mr. Westlund - stated they are aware of that. There are also two abandoned homes, wells and septic systems on the site which they realize must be dealt with. Part of the requirement is to determine the historical value of the buildings. The Park and Recreation Commission has recommended cash in lieu of land for park dedication. Mr. Carlberg stated the developers will be required to clean up both waste sites and the debris. There being no further discussion, Mr. Carlberg noted the sketch plan will be brought to the City Council at their November 2 meeting. VARIANCE: SETBACK FROM MAJOR ARTERIAL - 1433 161ST AVENUE NW, TONY EMMERICH CONSTRUCTION, INC. "\ ) Mr. Carlberg reviewed the request for an 11.4-foot variance from the setback from a major arterial. Currently the structure is non- conforming, and no improvements can be made to the structure. The variance will allow the applicant to construct an addition of a garage and a second floor to the rear portion of the single family structure. It is an older homer and the applicant wants to improve the house and its appearance. The parcel is a five-acre metes and bounds subdivision. Staff recommends approval. Tony Emmerich, Tony Emmerich Construction, Inc. - stated he plans to tear out the roof and put a second floor, garage, and family room onto the existing structure. It will beautify the area. The Commission questioned whether similar variances have been given in the past to allow a non-conforming structure to be improved. Mr. Carlberg stated the City has often granted variances when a city or county street improvement have made a structure non-conforming because of the additional easement taken for the road. The non-conformance was not created by the property owner, as the county improved CoRd 20 several years ago when an extra 10 or 15 feet was taken for easement. If the designation of non-conformance is removed by allowing this variance, the proposed improvements would really help the appearance of the house. 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 Planning Commission's packet recommending approval of the variance. Motion carried on a 6-Yes, 1-Absent (Pease) vote. Mr. Carlberg noted this will go to the City Council on November 16, 1993. "\ ) VARIANCE: ACREAGE REQUIREMENT AND EXTERIOR FINISH FOR POLE BUILDING - 16551 FLINTWOOD STREET NW, LARRY CARLSON Mr. Carlberg reviewed the request of Larry Carlson to allow for the construction and placement of an accessory structure (pole building) closer to the front lot line than the principal structure. The , \ ,_J \ J Regular Andover Planning and Zoning Commission Meeting Minutes - October 26, 1993 Page 3 '. ) (Variance - Acreage and Exterior Finish, Flintwood, Continued) accessory building, proposed to be 32' x 40', would not be constructed in similar design and exterior finish as the principal structure, plus the lot does not meet the three-acre size requirement for the construction of a pole building. The proposed location of the accessory structure does meet the minimum distance from the front lot line. Mr. Carlberg reviewed the applicable ordinance requirements, noting the Staff recommendation is to deny the request. The ordinance was recently changed to reflect the three-acre minimum size requirement for the construction of pole buildings, and the Commission has held to that provision. " , / Larrv Carlson, 16551 Flintwood Street NW - had pictures of his property and the proposed location of the accessory building, pointing out the building would be hidden because of the trees. He also did not have a problem matching the front of the building to the house; but to construct a building all out of wood would cost an additional $4,000. Mr. Carlberg noted the ordinance regulates the size of the accessory structure, in that it cannot exceed 100 percent of the ground cover of the principal structure. Because the lot is less than three acres, the accessory structure cannot be a pole building. Mr. Carlson - argued a steel building is less expensive, plus it will not be seen from the road, and the front could easily be made to match the house. His neighbor owns almost 30 acres, and he could buy enough land to make his lot three acres in size. Right now it is 2.76 acres, which is about 1/4 acre less than the ordinance requires; and he hoped it wouldn't be necessary to purchase additional land. In further discussion, the Commission noted if the applicant is willing to construct the building to be of similar design and exterior finish as the principal structure, no variance is needed. Mr. Carlson - stated he still would like to construct a steel building so there wouldn't be maintenance problems, asking why just the front cannot be of similar design and exterior finish. No one will see the building; it is the same building whether it is wood or steel. It was determined that Mr. Carlson had not discussed his options with the Building Official. The Commission then agreed to table the item to allow Mr. Carlson to do that. If the issue can be resolved with the Building Official, Mr. Carlson can withdraw the variance application. MOTION by Apel, Seconded by Jovanovich, to table the item until Mr. Carlson comes to an understanding with the Building Official. DISCUSSION: Mr. Carlberg stated the item will be placed on the next Commission agenda, November 9, 1993, with the decision to be made then whether to continue the process or to have it withdrawn as a result of a favorable resolution with the Building Official. Motion carried on a 6-Yes, I-Absent (Pease) vote. \ / ,) ) Regular Andover Planning and Zoning Commission Meeting Minutes - October 26, 1993 \ Page 4 I DISCUSSION - KEEPING OF POT BELLIED PIGS Mr. Carlberg stated he has received several requests to keep pot bellied pigs as domesticated pets. Staff has witnessed one in the City, but it is not known how many there really are. The ordinance is silent on the issue at this time. The League of Minnesota Cities has had a number of requests on regulating pot bellied pigs, and the community of Austin has included them in their Dog and Cat Ordinance. The question is if they are regulated, how would that be done? Would there be a size requirement? Should the number be regulated? Should they be licensed? Or should they not be allowed as pets or domesticated animals? The Commission suggested the item be investigated further, and asked for research on whether there are different varieties. What is the proof to determine the difference between the pot bellied pig and a non- domesticated hog? Are they registered? Are there certain diseases that may be contracted from them and are they required to have certain shots? If regulated under the Dog Ordinance, would they be required to be on leashes? Mr. Carlberg stated he will contact several pet stores about the different varieties, plus contact the community of Austin regarding their experiences with them. He will place the item back on the Commission agenda as soon as possible. OTHER BUSINESS Mr. Carlberg noted the October 22, 1993, letter from John Kunza requesting the withdrawal of his application for a variance. The City Council decided by Resolution to allow Mr. Kunza to continue his tire service operation. Mr. Kunza has also requested a refund of the $75 variance application fee. MOTION by Apel, Seconded by Putnam, that the Planning and Zoning Commission accept the withdrawal of the variance request from John J. Kunza. DISCUSSION: Mr. Carlberg stated the City Council has also asked the Commission to review the Home Occupation Ordinance and recommend changes if necessary. with the hiring of a Code Enforcement official, the Commission and Council may be seeing quite a few more of these situations. Commissioner Squires stated this was a difficult issue and ultimately the Council resolved the issue in a good fashion. He felt that Mr. Kunza did get something out of it and did not support a refund of the application fee. The Commission agreed. Motion carried on a 6- Yes, I-Absent (Pease) vote. Mr. Carlberg noted the joint meeting being held tomorrow, October 27, 1993, of the City Council and Auto RecyclingjJunkyard Task Force. There being no further business, Chairperson Dehn declared the meeting '\ adjourned at 8:26 p.m. \'t\eo::~ s(1m\ ~CdL ~~~~lla A. Peach, ecording Secretary