HomeMy WebLinkAboutFebruary 12, 1991
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CITY of ANDOVER
1685 CROSSTOWN BOULEVARD N.w. . ANDOVER, MINNESOTA 55304 . (612) 755-5100
PLAHlUNG AND ZONING COMMISSION MEETING - FEBRUARY 12, 1991
MINUTES
The Regular BI-Monthly Meeting of the Andover Planning and Zoning
Commission was called to order by Acting Chairperson Rebecca Pease on
February 12, 1991, 7:30 p.m., at the Andover City Hal I, 1685 Crosstown
Boulevard NW, Andover, Minnesota.
Commissioners present:
Bonnie Dehn, Steve Jonak, Bev Jovanovich,
Randal I Peek, Marc McMullen
Ron Ferris
City Planner, David Carlberg; Assistant City
Engineer, Todd Haas; and others
Commissioners absent:
Also present:
NEW COMMISSIONERS
Acting Chairperson Pease welcomed the newly appointed members to the
Planning Commission: Bonnie Dehn and Marc McMullen.
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APPROVAL OF MINUTES
January 22, 1991 - Correct as written.
MOTION by Jovanovich, Seconded by Jonak, to approve. Motion carried
on a 4-Yes, 2-Present (Dehn, McMullen), 1-Absent (Ferris) vote.
SPECIAL USE PERMIT - GUN SHOP AND REPAIR GARAGE. 13650 Hanson
Boulevard NW. Robert Bendtsen
Mr. Carlberg reported Mr. Bendtsen has withdrawn his request from this
Agenda because his purchase agreement has fallen through. Mr.
Bendtsen will be coming back on February 26 for the permit on another
site.
No Commission action was taken.
VARIANCE - REARYARD SETBACK ENCROACHMENT. 2814 134th Avenue NW. John
Kunza
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Mr. Carlberg reviewed the request of John Kunza to al low for the
construction of a 20 x 24-foot addition to the principal structure
encroaching 15 feet 8 inches into the required rearyard setback. He
pointed out a variance was also granted on May 5, 1987, to allow
construction of a deck to encroach that same amount because of the
position of the principal structure on the lot. The lot fronts on
134th Avenue; however, the ordinance definition of lot front is onto
Crooked Lake Boulevard. Because the positioning of the house on the
lot presents a problem, the Staff is recommending approval of the
request.
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Planning and Zoning Commission Meeting
Minutes - February 12, 1991
Page 2
(Variance - Rearyard setback, John Kunza, Continued)
Mr. Kunza was not present for the discussion.
During the discussion, the Commission brought up several points:
1) There are several accessory storage buildings on the side yard
fronting Crooked Lake Boulevard, and there was concern that they do
not meet the setback requirements. Mr. Carlberg stated he would view
the parcel and give that information to the Council.
2) The sketch plan presented with this request did not show the
entire parcel. Mr. Carlberg stated he would ask Mr. Kunza for a more
complete sketch plan.
3) Mr. Carlberg noted the sketch plan presented with the variance
request in 1987 shows a 27-foot rearyard setback. He thought that was
an error, that it should be 30 feet, which was required when the house
was built. He will measure it and present the correct measurements
when the Council considers the item.
4) The Commission questioned the reaction of the neighbors to the
encroachment. Mr. Carlberg reported Mr. Kunza has verbally asked his
neighbors and says they have no objection. The Commission suggested
it would be prudent for Mr. Kunza to present something in writing to
that effect.
5) The question was raised as to why the addition could not be
pushed northward aiong side the house to avoid the encroachment. Mr.
Carlberg explained that because of the design of the house, the
proposed placement of the addition works the best. He also personally
felt that the proposal is the best location for the addition. Mr.
Carlberg also pointed out that the Building Official has looked at the
proposal and did not have a problem with it.
6) There was a lengthy discussion on the "front" of the lot,
questioning whether the ordinance definition or the front of the
principal structure determines the lot frontage. Mr. Carlberg
surmised the house faced 134th to get the access off Crooked Lake
Boulevard, which was a county road at the time the house was built.
It was also determined that if the lot front remains toward Crooked
Lake Boulevard per ordinance definition, then a variance is not needed
because the setback would be within the requirements of the "side
yard". There was some discussion as to the ramifications of always
determining lot frontage per the ordinance and not the way the house
faces, though no specific conclusion was reached.
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MOTION by McMullen, Seconded by Dehn, that we approve Option A,
approval of the variance requested by John Kunza to allow for the
construction of a 20 x 24-foot addition to the principle structure
encroaching 15 feet 8 inches into the rearyard setback on the
property described as Lot 1, Block 4, Lundgren Oakridge Addition, 2814
134th Avenue NW.
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Planning and Zoning Commission Meeting
Minutes - February 12, 1991
Page 3
(Variance - Rearyard setback, John Kunza, Continued)
(Motion continued)
The Planning Commission finds that the proposal meets the minimum
criteria established In Ordinance 8, Section 5.04 including: the
strict interpretation of the ordinance causes the hardship, the
hardship stems from the unique shape, topograpny or physical features
of the land, the variance wil I not be detrimental to the public
welfare and the variance is necessary for the reasonable use of the
property.
Add a sunset caluse, that if construction Isn't started within one
year, that the variance is nul I and void.
VOTE ON MOTION: YES-Dehn, Jonak, McMullen, Pease, Peek;
NO-Jovanovich, ABSENT-Ferris. Motion carried. Commissioner
Jovanovich didn't feel comfortable with it, not totally understanding
the situation.
The item will be on the March 5 Council Agenda.
The Commission asked that Staff look at the Issue of determining the
/ front of the lot. Councilmember Peek stated typically the frontages
are determined by external forces and not by what is developed on the
parcel. The general feeling was a determination should be made and
applied in al I cases as to whether frontage is per ordinance
definition or the direction the house faces.
SKETCH PLAN - INDIAN MEADOWS
Mr. Haas reviewed the proposed sketch plan of Indian Meadows 4th
Addition as proposed by New Generation Homes, noting some of the
comments of the Andover Review Committee. It is a 2 1/2-acre
development of approximately 26 residential lots, and an agreement was
reached with the Park Board and the Council regarding dedication for a
parking lot for Kelsey Park and the remaining park dedication. Mr.
Haas also noted the concern about the continuity of streets relative
to an area west of the plat which is being sold off and about the
number of cui de sacs being proposed. Mr. Carlberg stated the Fire
Marshal did not comment on the number of cui de sacs in the plat. He
understood that as long as there is an adequate turnaround, the Fire
Department does not have a problem with them.
Mr. Haas noted the two lots off 157th would face Xenia, not the county
road. Acting Chairperson Pease questioned how that fits In with the
ordinance definition of frontage. Wayne Bachman, New Generation
Homes, stated the difference is these lots are about 300 feet deep and
390 feet wide.
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Planning and Zoning Commission
Minutes - February 12, 1991
Page 4
.Meet i n9
(Sketch Plan - Indian Meadows, Continued)
Mr. Bachman also stated the area that is being sold off has no problem
with the buildability of lots, only with access to Seventh Avenue.
The proposal is to access to an interior road. Mr. Haas also stated
he has not looked at the drainage through the area yet; however, the
majority of the water will drain toward the unmaintained ditch which
goes through the property. Generally the developer is asked to
provide easements up to the 100-year flood elevation.
Mr. Bachman also stated they would like to be able to construct the
streets in the first phase this summer, which is Eldorado Street and
two cuI de sacs. With the cuI de sacs, there is substantially less
interference to the current topography than there was with the
previous proposal.
The Planning Commission had no concerns with the proposal. The matter
will be placed on the February 19 Council Agenda for their
consideration.
OTHER BUSINESS
The next regular meeting will begin at 8 p.m. on Tuesday, February 26
because of the special election being held that day.
The Council has scheduled a joint meeting with the Planning Commission
for Thursday, March 7, 7:30 p.m.
There was a brief discussion on the Comprehensive Plan Update and
several other items to bring the new Commissioners up to date.
There being no further business, Acting Chairperson Pease declared the
meeting adjourned at 8:40 p.m.
Respectfully submitted,
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Marcella A. Peach
Recordin~ Secretary