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HomeMy WebLinkAboutNovember 23, 1993 u u .- "'\ '--) ~ CITY of ANDOVER PLANNING AND ZONING COMMISSION MEETING - NOVEMBER 23, 1993 MINUTES The Regular Bi-Monthly Meeting of the Andover Planning and zoning Commission was called to order by Chairperson Bonnie Dehn on November 23, 1993, 7:30 p.m. at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Maynard Ape1, Bev Jovanovich, Becky Pease, Randy Peek, Jerry Putnam, Jay Squires None City Planner, David Carlberg Others Commissioners absent: Also present: APPROVAL OF MINUTES November 9, 1993: Page 3, last sentence on page, clarify the Zoning Ordinance was amended in November, 1991, to allow rural agricultural practices in the R-2 and R-3 districts; therefore, pot bellied pigs would be allowed in those districts as well. ~) MOTION by Jovanovich, Seconded by Pease, to approve the Minutes. Motion carried unanimously. VARl'ANCE CONTINUED: ACReAGE REQUIREMENT AND EXTERIOR FINISH FOR POLE BUILDING, 16551 FLINTWOOD STREET NW, LARRY CARLSON Mr. Carlberg stated the applicant met with the City Building Official and has since asked to withdraw his variance application request. He has also requested the $75 application fee be refunded. Mr. Carlberg stated Staff reports had been prepared and the Commission did meet on the request, so the Commission may wish to consider refunding 50 percent of the application fee. The COIT~ission generally agreed with the recommendation of refunding 50 percent of the application fee since some Staff time was involved but it did not go to the City Council. MOTION by Apel, Seconded by Peek, that we accept the withdrawal of the applicant, and I \rlOuld recommend that we refund him 50 percent of his fee per Staff recommendation. Motion carried unanimously. o SKETCH PLAN: CROWN POINTE EAST, ASHFORD DEVELOPMENT CORPORATION, INC., SECTIONS 25 AND 26 Mr. Carlberg reviewed the general comments and concerns of the Andover Review Committee regarding the proposed sketch plan of Crown Pointe East. The developer is proposing to rezone the property to R-4, Single \ 'oj u Andover Planning and Zoning Commission Meeting Minutes - November 23, 1993 , Page 2 / (Sketch Plan: Crosn pointe East, Ashford Development, Continued) Family Urban. The land is not yet located wi thin the MUSA that is required for R-4 development, but it has been included in the request before the Metropolitan Council. The Fire and Sheriff's Departments are concerned with emergency vehicle access to the site and have recommended that Crown pointe and Crown pointe East have a street connection. The developer will need to look at that issue. Quince Street NW north of 143rd Avenue NW exceeds the maximum of 500 feet, and there is concern that the area north of Coon Creek has not been included in either the proposed Crown pointe or Crown pointe East developments. The excessive length of Quince Street NW is a temporary situation until the property to the east is developed. The Commission also expressed concern about the lack of access to the development and wanted to see something cross the creek either to the west to Crown pointe or to the north up to Andover Boulevard. without additional accesses, they were concerned that a maze is being created without sufficient ingress/egress. Mr. Carlberg stated the development of the parcel to the east will eventually alleviate that problem, but it is not known how long it will be before that eastern parcel is developed. The owner of the 31 acres to the east has asked to be included in the MUSAr but that property was not included in the City's request to the Metropolitan Council. '. ) The Commission had some questions about the certain lots as to meeting minimum lot width requirements or buildability in general. Mr. Carlberg noted the Staff will do a detailed lot-by-lot review at the time of the preliminary plat. He also noted the reason Quince Street touches the eastern border is to be able to get buildable lots on the west side. The Commission questioned why the lots are split in a triangular fashion on Block 3, Lots 5 and 6, not caring for that approach. Jav Windschitl, 3745 152nd Lane - didn't think the wetland condition would allow them to cross the creek and the cost would be prohibitive. He did not have an answer regarding the Commission's question to access Andover Boulevard to the north. Mr. Carlberg stated the crossing of the creek will need to be explored by the developer as to the guidelines of the agencies involved. Chairperson Dehn again expressed concern about only one access to the development and dumping heavy traffic onto prairie Road. Mr. Carlberg didn't think it would be problem on Prairie road as it is a nine-ton MSA residential street. Commissioner Apel also commented the biggest problem is only one ingress and egress for the entire area. There being no further comments, Mr. Carlberg noted the item will be reviewed by the City Council at its regular meeting on December 7, 1993. , / C) (J Andover Planning and Zoning Commission Meeting Minutes - November 23, 1993 '" Page 3 , j PUBLIC HEARING: LOT SPLIT, 17025 ROUND LAKE BOULEVARD NW, MARIS AND BARBARA SCHILLING 7:50 p.m. Mr. Carlberg reviewed the lot split request of Maris and Barbara Schilling to subdivide a five-acre parcel into two parcels of 2.5 acres each to create an additional lot for the construction of a single family home. He noted the applicable ordinances and the Staff recommendation of approval with the contingencies of paying a park dedication fee for one lot and applying the sunset clause per the ordinance. The newly created parcel is high, dry and buildable. The existing structure will meet all setback requirements after the lot split. Chairperson Dehn opened the public hearing. testimony. There was no public MOTION by Peek, Seconded by Pease, to close the public hearing. Motion carried unanimously. MOTION by Peek, Seconded by Pease, to forward to the City Council with recommendation of approval a Resolution granting a lot split request of Maris and Barbara Schilling at 17025 Round Lake Boulevard NW. Motion carried unanimously. 7:58 p.m. \ ) PUBLIC HEARING: SPECIAL USE PERMIT, BULK STORAGE OF LIQUID FUELS (SERVICE STATION) - 13650 HANSON BOULEVARD NW, MURPHY OIL USA, INC. 7:58 P.M. Mr. Carlberg reviewed the Special Use Permit request of Murphy Oil USA, Inc., (SPUR) to locate below-ground storage tanks for the storage of liquid fuels, gasoline and diesel, at 13650 Hanson Boulevard NW. This is for a service station. Murphy Oil USA plans to install three 12,000-gallon underground storage tanks. The property is zoned I, Industrial, in which service stations are a permitted use. Mr. Carlberg noted the applicable ordinances and stated Staff is recommending approval with four conditions. He also noted the property already has an existing Special Use Permit for retail trade and services for the commercial green house currently on the site. The Attorney has advised that the existing permit will become null and void one year after the retail trade and services activity is stopped. Chairperson Dehn asked if there are any restrictions or safety issues with the service station and tanks in relation to the power company easements across the property. Mr. Carlberg didn't think so. The power lines are overhead and the tanks will be under ground. No structures are allowed within the easement, and the tanks will be about 100 feet from the overhead easements. Commissioner Peek asked if the county plans to take additional right of \ way along Bunker Lake Boulevard. Mr. Carlberg reviewed the map showing ~ j the 40-foot easement of the City for a service road along Bunker Lake Boulevard. The City will be working with the county regarding the ultimate width of Bunker Lake Boulevard and access for this site. Staff will be meeting with county representatives on this issue. , ) \ -.J Andover Planning and zoning Commission Meeting Minutes - November 23, 1993 Page 4 ) (Public Hearing: Special Use Permit, Bulk Storage of Liquid Fuels, Murphy Oil USA, Continued) Commissioner Peek questioned the issue of the number of gas stations on that corner. Mr. Carlberg noted this area is zoned for this use, and it is known what will be on the other three corners -- county property in the southeast corner; proposed SuperArnerica gas station on the northeast corner; and the existing utility substation on the northwest corner. The new proposed structure will be a welcome additional that intersection. Commissioner Putnam stated he will abstain from voting since his firm occasionally does some work for Murphy Oil USA. The public hearing was opened for testimony. Garv Allen, Construction Enqineer for Murphv Oil - explained the tanks will be a steel tank within a fiberglass tank, so there will be no rust. The steel gives the tank more stability than a total fiberglass tank. There will be an in-tank monitoring system that is monitored for each tank. There will be no above-ground tank for propane storage. He had a drawing of another gas station, stating the one in Andover will be exactly like it. They are also looking at the possibility of having a car wash on that site if there is room. Mr. Carlberg stated a car wash is a permitted use in that district and would be reviewed as a part of the Commercial Site Plan. / Mr. Allen - stated they are aware of the 40-foot service road easement and will be meeting with the county regarding easement for both Hanson Boulevard and Bunker Lake Boulevard. The majority of the Commissioners were comfortable with the request as the property is zoned for that use and there are other agencies that deal with the safety issues relating to the power line easement, though Chairperson Dehn felt Commissioner Peek raised a good point regarding the number of service stations on an intersection. MOTION by Apel, Seconded by Jovanovich, to close the public hearing. Motion carried on a 6-Yes, 1-Abstain (Putnam) vote. MOTION by Pease, Seconded by Apel, that we forward the Resolution to the City Council with the recommendation of approval as presented. Motion carried on a 5-Yes, 1-No (Peek), 1-Abstain (Putnam) vote. 8:15 p.m. PUBLIC HEARING: SPECIAL USE PERMIT, HOME OCCUPATION IN AN ACCESSORY STRUCTURE - 2648 SOUTH COON CREEK DRIVE, RENATO CASTRO 8:15 P.M. Mr. Carlberg reviewed the Special Use Permit request of Renato Castro to operate a home occupation in an accessory structure. He noted the applicable ordinances and criteria for issuing a Special Use Permit. Mr. Castro's operation consists of storing goods and equipment such as old printing equipment in an accessory structure. He , , j : , ,-J Andover Planning and Zoning Commission Meeting Minutes - November 23, 1993 Page 5 / (Public Hearing: Special Use Permit, Home Occupation in Accessory Structure, Castro, Continued) will load a semi-trailer with the goods and equipment over the weekend, with the trailer leaving the site on Monday. This activity occurs about three to four times a year. South Coon Creek Drive is a nine-ton road and can handle this type of traffic, though there would be weight restrictions in the spring. This is the first time this type of use has been requested for a home occupation. It is a unique situation, and the Commission must decide if the use meets the intent of the "similar uses" clause in the ordinance. Warehousing is not listed as a permitted use for home occupations. This is not a very large operation, but he felt it would be considered warehousing. The hearing was opened for public testimony. ) Renato Castro, 2648 South Coon Creek Drive - addressed several questions from the Commission. He stated he uses a fork lift to move the heavy equipment to the truck. Sometimes it takes four months to collect enough equipment, sometimes it takes as long as six months. When he has collected enough for a load, about three times a year, he loads outside on a Friday morning or evening, with the truck leaving on Monday morning. He collects the equipment, brings it to his property using his own trailer and stores it inside of his building. There is no storage outside. It is not usually "big" equipment. Mr. Castro explained his company, in which he is part owner, is in the process of building a manufacturing and warehousing facility in Prior Lake. The equipment that will be loaded and shipped this weekend will probably be the last that he will ever do at his property. Several Commissioners indicated they would not be in favor of granting a permit for a warehousing operation, as they did not feel that would be an appropriate home occupation, even though this one appears to be low profile right now. Mr. Castro - expected their facilities in Prior Lake to be open in March, 1994, but again stated he did not intend to be warehousing for the company after this loading. This will be the last time he will be using his accessory building to store equipment for his company, and both containers which are in his driveway now will be loaded tomorrow and will be out on Monday. After this he will only store his personal items. Mr. Carlberg felt it would be appropriate for Mr. Castro to withdraw his application since he does not intend to continue the operation, and that the City should refund a portion of the application fee. He recommended a refund of $100. The Commission agreed that would be appropriate and suggested Staff investigate the site to be sure the operation stops after this weekend. Mr. Castro - asked to withdraw his application at this time. ) Richard Pierson, 2683 South Coon Creek Drive - has been aware of this operation for the past four or five years. He has no problem with the smaller operation that is going on, but he wanted to tell the Commission that this type of operation just does not fit with the zoning and the <J , -\ U Andover Planning and Zoning Commission Meeting Minutes - November 23, 1993 Page 6 ) (Public Hearing: Special Use Permit, Home Occupation in Accessory Structure, Castro, Continued) residential area. Now trucks come only every three to six months; but once a Permit is issued, there is nothing that would prevent trucks from coming more often. He was also concerned about the access to South Coon Creek Drive from the heavily traveled Round Lake Boulevard. He didn't have a problem with a 30-day sunset to the operation to remove the material, but he suggested it be monitored so they don' t get an inappropriate amount of traffic in the neighborhood. Dionicio Boria, 1969 29th Avenue NW, owner of propertv adiacent to Mr. Castro - agreed with Mr. Pierson. In addition, he felt the business going on there is destructive to the neighborhood. There is no water to fight fires. The south side of the road is heavily residential. Traffic is a concern because it is very difficult to control. It would be a nuisance to the neighborhood. Monico Ancheta, 2663 South Coon Creek Drive, across from Mr. Castro - has endured the noise of the forklift and crates being skid during the loading of the trucks. He is glad Mr. Castro is moving his business away from that area. South Coon Creek Drive is a very scenic road, and he would like that area to remain that way. \ ) MOTION by Apel, Seconded by Jovanovich, to close the public hearing. Motion carried unanimously. MOTION by Putnam, Seconded by Pease, to accept the Renato Castro withdrawal of the application for a Special Use Permit and designate that we return $100 of the fees he already paid; and that Staff be requested that they put a time limit of 20 days for the removal of that occupancy. Motion carried unanimously. 8:45 p.m. VARIANCE: SIZE REQUIREMENT FOR AN ACCESSORY STRUCTURE - 1831 CROSSTOWN BOULEVARD NW, STEVEN LOUDON Mr. Carlberg reviewed the variance request of Steven Loudon to allow for the continued construction of an addition to an accessory structure (12' x 26' lean-to) larger than the principal structure. The property is 1.11 acres and zoned R-1, Single Family Rural. The ordinance requires that the total square footage of all the accessory buildings cannot exceed 100 percent of the land cover of the principal structure. The existing accessory structure already exceeds that requirement, but that has been grandparented. The lean-to addition further exceeds that limit. The existing garage is a lawful existing nonconforming use built prior to the adoption of the ordinance. Staff is recommending it be denied based on the fact that a there is no hardship on the topography or shape of the land. \ ,) Commissioner Apel expressed anger and frustration with the ordinance. The regulation favors those who can afford to build larger houses, therefore allowing them to have larger accessory buildings, and it opposes those with the smaller homes by not allowing them to construct u u Andover Planning and Zoning Commission Meeting Minutes - November 23, 1993 Page 7 '\ ) (Variance: Size Requirement for an Accessory Structure, Loudon, Continued) larger accessory buildings. He was also upset that Staff directed Mr. Loudon to apply for a variance when it is very obvious that one cannot be granted under the strict interpretation of the ordinance. Steve Loudon, 1831 Crosstown Boulevard NW - stated the house was built in 1935. He does not know when the existing garage was built, but it was before he owned the property in 1990. Michael Click, 1853 Crosstown Boulevard NW - lived next door since 1987, and the garage has always been there. Commissioner Apel stated the garage has been there every since he can remember. Chairperson Dehn understood Commissioner Apel's point. Today the City does allow three- car garages, and this will look like a three-car garage when done. Mr. Carlberg stated attached garages are not counted as part of accessory structures. Mr. Loudon - stated the existing garage is 36 feet away from the house. Attaching a garage to the house would cost more than he could afford, plus there is no efficient way to attach a garage to the house unless it is put at an angle. \ ) There was considerable discussion with Mr. Loudon and several neighbors as to other options. Neighbors noted Mr. Loudon's house has two stories and asked that all the square footage of the house be included. Mr. Carlberg explained only the ground coverage is used. He was not aware of any variances granted to this provision of the ordinance. The neighbors fel t that is discriminating against those who construct two-story houses. When the house was built in 1935, it was built very efficiently. Small, two-story homes that utilized every square foot were the norm. Mrs. Loudon - also explained she runs a small business from her basement and there is no storage space whatsoever. Mr. Carlberg noted she has a Special Use Permit for her business and is in compliance. Another resident stated the reason for the garage is to be able to store things in a garage rather than in the yard to make the yard look better. It really will look nice when it is finished, asking isn't that what the City wants, to clean up the yards? Someone asked if a deck was added to the house if that counts as additional square footage. Mr. Carlberg stated decks have always been excluded in the past. Commissioner Peek then noted that considering the ordinance was written for the way houses are built today with attached garages, and that this house was built in an era without attached garages, he felt that is a potential hardship. He didn't think the ordinance can accommodate that with a strict interpretation. The applicant is asking for nothing more \ than a three-car garage, which he felt is appropriate. ) \ \ ) \ '-~ Andover Planning and Zoning Commission Meeting Minutes - November 23, 1993 '\ Page 8 ./ (Variance: Continued) Size Requirement for an Accessory Structure, Loudon, Mr. Click - stated his house was built in 1929, and there was a major addition to the east side before he purchased it. If it wasn't for that addition, his garage would be illegal also. He felt consideration must be given to when the house was built. Both stories are used as one residence. In these old houses, every bit of the square footage is needed. Commissioner Jovanovich didn't think there were many houses in Andover that are this old. If the addition is to improve the property, special consideration should be considered. Chairperson Dehn stated she would refrain from voting on this matter since she has done business with the applicants. ) MOTION by Peek, Seconded by Jovanovich, that the Andover Planning and Zoning Commission recommends approval of the variance request by Steven Loudon at 1831 Crosstown Boulevard NW for a variance in the size of accessory building to exceed that of the principal structure, that is to add a 12' x 26' attachment to the existing detached garage. That the Planning and Zoning Commission has reviewed the request and has determined that a hardship does exist, and that hardship being the age of the existing house. And the fact that the original property has a detached garage and the current house construction is typically more of an attached garage situation. And that strict interpretation of the ordinance due to the age of the house and the fact that it is built as a separate house with detached garage creates a hardship. Motion carried on a 5-Yes, 1-No (Squires), 1-Abstain (Dehn) vote. This will go to the City Council on December 21, 1993, DISCUSSION - ORDINANCE NO. 50, FLOOD PLAIN ORDINANCE Mr. Carlberg asked that the Commission table the item to the December 14 meeting as he has not had an opportunity to prepare the necessary background material for it. The Commission agreed. OTHER BUSINESS Special Meeting: Mr. Carlberg announced the Planning Commission is to hold a special meeting on Tuesday, November 30, 1993, to discuss the rezoning of Crown pointe and Crown Pointe East, which was referred back to the Commission by the Council. Expired Commission Terms: Mr. Carlberg noted the terms of Bonnie Dehn and Jerry Putnam expire on December 31, 1993; and if they wish to continue serving, they should submit a letter indicating an interest in being reappointed. , / , J '-, - / r ''\ -' , - Andover Planning and Zoning Commission Meeting Minutes - November 23, 1993 Page 9 (Other Business, Continued) Development Around Agricultural Areas: Commissioner Squires has learned that Carver County is requiring as a part of the platting process that the developer put a covenant on the lots indicating that the surrounding property is agricultural. That tells the potential buyer they can expect to have the noise, smells, etc., that accompanies agricultural practices. He thought that may be something the Commission should look at. Mr. Carlberg stated he will contact Carver County to obtain a copy of their requirements. There being no further business, Chairperson Dehn declared the meeting adjourned at 9:25 p.m. _ Respectful:y sUbmitted'L' \l\ ~,--CSt? lk/ ~a~lla A. Peach Recording Secretary , ./