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HomeMy WebLinkAboutDecember 14, 1993 o u :J. ~ CITY of ANDOVER PLANNING AND ZONING COMMISSION MEETING - DECEMBER 14, 1993 MINUTES The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Bonnie Dehn on December 14, 1993, 7:30 p.m. at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Commissioners absent: Also present: Bev Jovanovich, Becky Pease, Jerry Putnam Maynard Apel, Randy Peek, Jay Squires Assistant City Engineer, Todd Haas City Planner, David Carlberg Others APPROVAL OF MINUTES November 23, 1993: November 30, 1993: Correct as written. Correct as written. ~ MOTION by Jovanovich, Seconded by Pease, to approve the Minutes. Motion carried on a 4-Yes, 3-Absent (Apel, Peek, Squires) vote. PUBLIC HEARING: ANDOVER REZONING - R-4 AND LB TO GB, SECTION 34, CITY OF 7:31 p.m. Mr. Carlberg reviewed the request of the City of Andover to rezone property from R-4, Single Family Urban and LB, Limited Business to GB, General Business. The property is approximately 86 acres located south of the Waste Disposal Engineering site, west of Hanson Boulevard NW, north of Bunker Lake Boulevard NW and east of Red Oaks Manor 5th and 6th Additions. The 40 acres immediately adjacent to the landfill is required to be rezoned as part of the institutional controls included in the agreement for the clean up of the landfill site. The remaining property is being requested to be rezoned to be consistent with the Comprehensive Plan and to be consistent with the zoning of that area. The intent would be to have the property develop into an industrial park in the future. The hearing was opened for public testimony. ~ Barb Duerr. 13753 Partridqe Street expressed opposition to the rezoning of the LB area adjacent to Bunker Lake Boulevard. It is a wetland now. She understood and had no problem with the rezoning next to the landfill, but she asked why it is necessary to rezone that area which is now LB. Mr. Carlberg explained the Comprehensive Plan calls for that entire area to be General Business. No development will take place in the wetland -- it will not be filled in and it will not be redeveloped because the law does not allow it. The rezoning will provide a consistent zoning for that entire area. . \ \.J o Andover Planning and Zoning Commission Meeting Minutes - December 14, 1993 "\ Page 2 /' (Public Hearing: Rezoning to GB, City of Andover, Continued) Ms. Duerr - lives by that area and recognizes there are no guarantees. She repeated her preference to leave the low area zoned LB. She asked if the junkyards will be allowed to expand in the GB zone. Mr. Carlberg explained the junkyards are a non-conforming use and are not allowed to expand. Right now the City is working with the junkyard owners to reduce the size of their yards. There was some discussion on the different uses allowed in LB and in GB, with Mr. Carlberg noting only a small strip of property is usable between the existing junkyard and the wetland area immediately north of Bunker Lake Boulevard. Ms. Duerr - stated she talked with Tom Hovey of the DNR and Tom Kelly of the Coon Creek Watershed. Mr. Kelly was not in favor of the rezoning. Mr. Carlberg was not sure what the objection would be since the zoning is currently LB and there will be no construction in the wetland. He agreed to call Mr. Kelly and Mr. Hovey to explain the proposal. Ms. Duerr - felt the effect on the wetland will be quite a bit and asked the Commission to look at other options. Mr. Carlberg explained the parking lot and structures really shouldn't affect the wetland, plus there can be no direct storm water discharge into the wetland. Again, the rezoning is similar to the current zoning, and it will be consistent with the Comprehensive Plan. " '\ '--) Chairperson Dehn liked the idea of having all the contiguous property under one zoning, but a GB zone may be too intrusive on the residential area. She wanted to know the reasons the DNR and watershed opposed the rezoning because she is very concerned with the wetlands. Pat Skoobero, 13808 Niohtinoale Street NW - asked if the wetland area is where the storm water drains from the Red Oaks Additions. What will the affect of commercial be on it? Mr. Carlberg stated that is possible, but the rules have changed since the streets were done in those subdivisions. Before any storm water can be discharged to the wetland it must go through sediment or holding ponds. That would be looked at when development is proposed. Mr. Skoobero - stated the last time the City looked at the whole situation the back of his property flooded out. Randall Haoen, 13763 partridoe Street NW - was under the assumption the zoning of the wetland would not change. It is a very scenic area with a lot of wildlife and gorgeous sunrises. He felt it could become an eye sore if something is done with that property. He felt the wetland should retain its current zoning. ~-) Commissioner Jovanovich felt that more industrial property is needed in Andover, and to leave the R-l zone is not feasible. Chairperson Dehn was now concerned about the storm water question and asked if the City engineers could do a rough calculation as to how much additional storm water would be generated by General Business development and whether or not the wetland area is capable of holding additional storm water. CJ u Andover Planning and Zoning Commission Meeting Minutes - December 14, 1993 , Page 3 ) (Public Hearing: Rezoning to GB, City of Andover, Continued) Tim Werle, 13770 Partridqe Street NW - agreed with the rezoning adjacent to the landfill, but suggested residential development adjacent to the wetland may be better than business. Mr. Carlberg stated there appears to be only enough room for a road between the wetland and the existing junkyard. He has also seen business development which is very environmentally conscious and attractive, incorporating wetland into its landscaping. There are also setback requirements, berming and landscaping by businesses that abut residential areas as a buffer, etc. Mr. Werle suggested the current R-4 zone remain as is, which is more conducive to the wildlife in that area. Commissioner Putnam was concerned that the business areas be contiguous. But it makes more sense to have the businesses access Hanson Boulevard, so the existing R-4 area can remain residential and access onto Bunker Lake Boulevard. That option would preserve the wildlife and would allow General Business as well, though he is not yet ready to commit to anything. , ) Ms. Duerr - would like to see at least the bottom piece remain as is, as she sees no reason to change it unless it is changed to residential. Otherwise she has no problem with the rezoning. MOTION by Pease, Seconded by Jovanovich, to close the public hearing. Motion carried on a 4-Yes, 3-Absent (Apel, Peek, Squires) vote. The Commission felt it would be appropriate to table the item pending further information from the DNR and watershed on their position and on the question of storm water runoff to the wetland. MOTION by Pease, Seconded by Jovanovich, that we table this until we receive further information from the watershed and DNR and the question of storm water runoff. Motion carried on a 4-Yes, 3-Absent (Apel, Peek, Squires) vote. This will be placed on the January 11, 1994, Planning and Zoning Commission agenda. 8:05 p.m. PUBLIC HEARING: VARIANCE - SETBACK ORDINARY HIGH WATER MARK, 13306 GLADIOLA STREET NW, ARNOLD DZIUBAN 8:05 p.m. Mr. Carlberg reviewed the request of Arnold Dziuban to allow for the construction of a 12' x 28' three-season porch and add a new 12' x 12' deck encroaching into the required 75-foot setback from the ordinary high water mark. The porch and deck would encroach 8 feet into the required setback. An existing 12' x 24' nonconforming deck, of which the City has no record, encroaches 8 feet into the setback. The \ applicant wishes to remove the existing deck and construct the three- '_/ season porch in its place. The bottom of the porch is proposed to be enclosed for storage purposes, plus construct a deck south of the porch. The DNR does not recommend increasing the nonconformity of the structure. The adjacent property to the north was granted a variance u u Andover Planning and Zoning Commission Meeting Minutes - December 14, 1993 \ Page 4 J (Public Hearing: Variance, 13306 G1adiola, Continued) for a deck and swimming pool encroaching into the ordinary high water mark in 1992 because of a mistake when measuring the ordinary high water mark. The pool and deck were already constructed when the mistake was found. Staff is recommending denial, feeling there are other alternatives. Mr. Dziuban owns the property to the south, and the suggestion has been to construct the porch to the south to avoid infringing on the setback requirements. The hearing was opened for public testimony. Arnold Dziuban. 13306 Gladiola Street NW - stated the house was built in 1965, but he did not know when the deck was built. He proposes to use the same stairs to access the deck. The door from the porch will open to the landing of the deck on the south side of the house. He felt the proposal would make the house look much better and would provide more usable space. He worked hard to afford a lake horne, and he would rather place his things inside of the storage area than all around the yard. He commented that his neighbor started a project, got caught, and was issued a variance; should he have done the same thing? The Commission discusaed locating the porch and deck to the south in some fashion to avoid infringing on the ordinary high water mark setback. , \ 'J Mr. Dziuban - didn't feel there is another acceptable solution because of the layout of the house and garage. After further discussion, the Commission generally did not feel a variance could be justified as it seems there are other options available to Mr. Dziuban, even if it requires shifting the functions of the house. Commissioner Pease did express reservations, however, wondering how many other structures around the lake infringe on the ordinary high water mark setback. Mr. Carlberg didn't know; but the intent of the requirement is so structures don't crowd the lake and to protect them from possible high water. The purpose of the ordinance is to eventually eliminate the nonconforming structures. Chairperson Dehn asked for a motion to close the public hearing. MOTION by Pease, Seconded by Putnam, to so move. Motion carried on a 4- Yes, 3-Absent (Apel, Peek, Squires) vote. Chairperson Dehn had some concern with the fact that a variance was given to the adjacent parcel; however, that was for a removable pool. In this case, she still felt Mr. Dziuban had other options. Plus the DNR has recommended denial of the request. MOTION by Jovanovich, Seconded by Pease, to recommend to the City Council the proposed Resolution denying the variance request of Arnold \ Dziuban for construction of a three-season porch and deck at 13306 '. ~ Gladiola Street NW. A public hearing was held and there was no opposition. Motion carried on a 4-Yes, 3-Absent (Apel, Peek, Squires) vote. The item will be placed on the January 4, 1994, City Council agenda. 8:40 p.m. , ; " " ~ \_~) Andover Planning and Zoning Commission Meeting Minutes - December 14, 1993 Page 5 / SKETCH PLAN - HILLS OF COON CREEK, SECTION 26, RAINTREE REALTY Mr. Haas reviewed the proposed R-4 development of Hills of Coon Creek consisting of 79 lots with access off Andover Boulevard and Hanson Boulevard, with l41st eventually running between the existing Old Colony Estates and Hanson Boulevard. He summarized the comments of the Andover Review Committee and noted Sketch Plan A which was prepared by the ARC to eliminate the cul-de-sacs and one of the entrances onto Andover Boulevard. The Staff's concern was the future ability to develop the property to the east. The ARC would also like to see the parcel in the northwest corner included in the plat as there are no plans to allow that area to develop as commercial property. Mr. Haas stated the Review Committee discussed at length the advantages and disadvantages of allowing 141st access onto Hanson Boulevard, as it is important to protect that roadway from excessive accesses. There is also the concern of 141st becoming a speedway if it connects all the developments to the east of Hanson Boulevard. However, the Committee agreed to allow 141st to access Hanson Boulevard to provide better traffic flow. Mr. Haas noted the sketch plan does not provide for park dedication, though he predicted the Park and Recreation Commission will want to take the property along Coon Creek just as it has done with all other developments along the creek to be able to complete the trail system. J Ron Smith, Raintree Realtv - explained he tried to negotiate a purchase with the property owner of the northwest corner; however, that owner believes the property is worth more because it will be commercial some day. He suggested the Staff consider contacting the owner informing him there is no intent to develop the land commercial. Mr. Smith thought the property to the immediate east already has plans for development and he should not have to construct a road to accommodate development of that parcel. He also felt there is a better way to design the neighboring parcel than what is proposed by Staff, as it would be easy to run a road through the center of that property. He didn't see 141st as being a problem. A similar situation exists to the south in The Hills of Bunker Lake, and there are no problems. Also, the location of 141st does not create a problem with visibility of traffic on Hanson. Mr. Smith did agree with providing only one access onto Andover Boulevard. Chairperson Dehn was concerned with all of the "eyebrow" cul-de-sacs proposed in Mr. Smith's sketch plan. Mr. Smith stated they are trying to incorporate existing structures into the plat. He also explained he does not like to drive down roadways like Hanson Boulevard and see nothing but the backs of houses. With a cul-de-sac, the houses are not all directly backing onto the Hanson Boulevard. There are a lot of trees which will buffer them, plus the houses will be angled to avoid squarely backing onto Hanson. In addition, statistics show there is less crime on cul-de-sac streets, plus the lots are more valuable. The Commission agreed with the reasoning for the cul-de-sacs, especially / liking the idea of variety and not having all houses back squarely onto Hanson Boulevard. Staff agreed to write to the property owner in the northwest corner informing him of the City's plan to retain the zoning of residential on his property. () (,,) Andover Planning and Zoning Commission Meeting Minutes - December 14, 1993 . '\ Page 6 '.~ (Sketch Plan - Hills of Coon Creek, Raintree Realty, Continued) Though there was some concern about having 141st access directly onto Hanson Boulevard, it was agreed to allow the road to remain as proposed. The Commission felt there were good points to both Mr. Smith's proposed sketch plan and that created by the ARC. They also felt ideally all of the parcels between Hanson Boulevard and the existing Old Colony Estates should be sketched at the same time. Mr. Smith and Mr. Haas agreed to meet and to discuss alternatives. This will be placed on the December 21, 1993, City Council agenda. SKETCH PLAN - INDIAN MEADOWS 6TH ADDITION ,-- , \._) Mr. Haas reviewed the proposed sketch plan of Indian Meadows 6th Addition as requested by North Suburban Development, which consists of 30 R-1 Single Family lots. The layout has changed from the original proposal several years ago. Park Dedication has already been dedicated. Andover Review Committee has proposed several changes to the sketch plan, and Mr. Haas reviewed the changes. The ARC is recommending that Eldorado Street be constructed to tie in with 155th and to eliminate the permanent cul-de-sac being proposed. This will require crossing a ditch, though it is likely the Lower Rum River Water Management Organization will grant permission if a public need can be demonstrated. The reason for the extension is for traffic flow and public safety, as that road would save valuable time in getting to the south. The City would have to support the wetland crossing. Mr. Haas also noted the developer is proposed three lots on a cul-de-sac. The ordinance only allows two lots, and he felt allowing three would be setting a precedent. Jeff Caine - stated they could get the third lot by extending the cul- de-sac further south, but that would mean filling additional wetland. They have already taken three lots out of the plat in an attempt to avoid wetlands. Most other cities allow more than three lots on a cul- de-sac. The building sites in this case are all 30 feet above the wetlands. Jack Menkveld - stated they plan to meet the requirements of the wetland regulations. Those regulations also call for the city to be flexible to avoid the wetlands. They are in agreement with the Eldorado Street proposal, and to do that the City would have to request the crossing of the wetland. He did not think it is a bad compromise to leave the cul- de-sac with three lots which are all high and buildable. The Commission felt the extension of Eldorado Street make sense, but they debated cul-de-sac issue. They were concerned about setting a . \ precedent, and it was pointed out that larger sized lots are very nice, '. _,J often used for horse estates, and are often in demand. Mr. Haas explained the reason for the requirement of only two lots is to meet the setback requirements and to keep the area rural. The more homes on a cul-de-sac, the more urban the setting. . \ \. ) \ J Andover Planning and Zoning Commission Meeting Minutes - December 14, 1993 Page 7 ) (Sketch Plan - Indian Meadows 6th Addition, Continued) Mr. Caine - noted the three proposed lots are all five- or six-acre lots. With the new wetland act, he felt the City should look at this as a possible way of saving the wetland, as the cul-de-sac has been pulled back to avoid the wetland. This is the only City they know of that allows only two lots on a cul-de-sac. Several Commissioners indicated a preference to vary from the length of a cul-de-sac than from the number of lots on a cul-de-sac. Mr. Haas stated they will look at the cul-de-sac issue again with the developers. The item will be placed on the December 21, 1993, City Council agenda. DISCUSSION - ORDINANCE NO. 50, FLOOD PLAIN ORDINANCE Mr. Carlberg asked that the item be tabled and placed on the next available agenda. The Commission agreed. OTHER BUSINESS Mr. Carlberg reminded the Commission that the December 28, 1993, regular meeting has been cancelled. The next meeting of the Planning and Zoning Commission is Tuesday, January 11 1994, 7:30 p.m. There being no further business, Chairperson Dehn declared the meeting adjourned. 9:45 p.m. Re,pectfnlly 'Rb~ ~~ t:vL Recording Secretary \ )