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HomeMy WebLinkAboutFebruary 12, 1991 C) () :"""",""", o ~.. "/,,.;,.:_r~ '\ , -. . 6 " ~,~" ... ' I., 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. o 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 Bendtsen has withdrawn his request from this Agenda because his purchase agreement has fallen through.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 o 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. / ~~ 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. / 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. \ ) ,-_J 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. .,' ) 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, \t\t\. f\ (\ . l--....'s~ L \\J\.~ l.~'~~ Marcella A. Peach Recordin~ Secretary