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HomeMy WebLinkAboutApril 23, 1991 o o o o o ~ CITY of ANDOVER PLANNING AND ZONING COMMISSION MEETING - APRIL 23, 1991 MINUTES The Regula~ BI-Monthly MeetIng of the Andove~ Planning and Zoning CommIssIon was called to o~de~ by ChaI~pe~son Randal Peek on Ap~II 23, 1991, 7:30 p.m., at the Andove~ CIty Hall, 1685 C~osstown Bouleva~d NW, Andove~, MInnesota. Commisslone~s p~esent: Mayna~d Apel; Bonnie Dehn, Steve Jonak, Bev JovanovIch, Ma~c McMullen Becky Pease CIty Planne~, David Ca~lbe~g; AssIstant CIty Englnee~, Todd Haas; and othe~s Commissioners absent: Also present: APPROVAL OF MINUTES April 9, 1991: Correct as written. MOTION by McMullen, Seconded by Dehn, to accept the MInutes from April 9, 1991, as written. Motion ca~~Ied on a 6-Yes, I-Absent (Pease) vote. PUBLIC HEARING: PRELIMINARY PLAT - KOBS FIRST ADDITION 7:36 p.m. Mr. Haas reviewed the p~oposed p~ellmina~y plat of Kobs FIrst AddItion In the vIcInIty of 169th and TulIp. The p~oposal is fo~ 9 single-family ~ural resIdentIal lots. The concern of the Andover RevIew CommIttee Is on the proposed va~Iances fo~ lot wIdth of Lots 5, 6 and 7. Lots 5 and 6 a~e conslde~ed cul-de-sac lots whIch ~equI~e 160 feet at the f~ont setback lIne. The wIdth of Lot 5 Is p~oposed to be 150 feet and Lot 6 Is p~oposed to be 130 feet. Lot 7 requires 300' at the f~ont setback line but Is p~oposed to be 238'. Mr. Haas stated he has met wIth the developer ~ega~dlng the grading plan so all lots meet the 39,000 square-foot requIrement and a 150x150-foot house pad 18 Inches above the centerlIne grade of the st~eet. Staff wIll wo~k with the developer rega~dlng the grading plan so all ordInance requirements are met. Mr. Haas stated the ARC CommIttee Is ~ecommendlng approval of Lots 2 and 3 that front on TulIp; however, they recommend denIal of Lots 5, 6, and 7 which did not meet the lot width ~equlrements. The hearIng was then opened for publIc testImony. Rus McCaulev. 16933 TulIp NW - was concerned wIth the future development of the area to the south and on st~eets being const~ucted to County Road 58 and to Round Lake Boulevard. The maIn concern is the , , , , . I ~/ o , Planning and Zoning Commission ) Minutes - April 23. 1991 Page 2 (Public Hearing: Preliminary Plat - Kobs First Addition, Continued) increase in traffic because of the number of children in the area. Mr. Haas stated that land to the south could be developed into 2 1/2-acre lots. They are not looking at extending 169th to CoRd 58 as a part of this plat. There is some talk of an east/west road between CoRd. 58 and Round Lake Boulevard, but it probably would be to the south of this location. Tulip is designated an MSA street which will get a higher amount of traffic in the future. John Boeqe. 16731 Val lev Drive - stated Lot 5 appears to take quite a leg across the drainage ditch. Is 167th Avenue proposed to cross the drainage ditch? Mr. Haas stated the northwest fire station is being built in the vicinity of 165th and Valley Drive, and there is a possibility of a road being constructed eastward to Round Lake Boulevard. Also, that property owner may want to develop the remainder of his property within the next year. Mr. Boeqe - stated that land was platted into smaller lots a long time ago. What happens to those? Mr. Haas stated the ordinance has required 2 1/2-acre lots since 1971. Also, the City does not al low metes and bounds lots to be platted. Building permits would not be issued on the smaller lots because they do not meet the 39.000 square-foot requirement. , / Mr. Boeqe - asked if they would be notified if 167th Avenue is actually constructed. He was not notified of this hearing. Mr. Haas stated he would be notified. The City does try to give written notification to everyone within 350 feet of these types of projects. Mr. Ken robs. developer and son of the property owner. Ken Kobs - explained the reason for the requested variances off the cuI de sac is to provide better lots. He originally had a longer cuI de sac: but because of the flood plain area in the back, he found he could provide better home sites by moving it up, though it means a narrower lot width. But most of the cui de sacs in the City have variances for lot widths. It also means less of a variance for the length of the cui de sac. Mr. Kobs also stated he talked with Mr. Haas and Mr. Almgren about the grading. He now understands the requirements and has no problem complying with them. He wili have his engineer redo the grading plans. Mr. Haas pointed out the length of the cui de sac is about 850 feet, which will require a variance for exceeding the ordinance requirement by 250 feet. The ARC Committee doesn't have a problem with that variance. There have been variances on other cuI de sacs for lot width prior to the change in the ordinance. The lot width was varied down to \ a number that worked best for the developer and for the City. The / amendment, adopted in the fall, 1990, allows two lots to have a minimum lot width of 160 feet. That calculation was arrived at because the lot could then be split into the minimim R-4 lot width of 80 feet when sewer and water Is available. ~ ,~ ) ,~ \ Planning and Zoning Commission Minutes - April 23, 1991 Page 3 / (Public Hearing: PrelIminary Plat - Kobs FIrst AddItIon, Continued) MOTION by McMullen, Seconded by Dehn, to close the public hearing. MotIon carrIed on a 6-Yes, 1-Absent (Pease) vote. The Planning Commission discussed the varIance requests. Though most preferred not to see this many variances, it was recognized that there is a hardship with the configuration of the property and with the large amount of wetland involved; so some variances may be needed to allow the property to be developed. Mr. Haas thought that it may be necessary to rearrange a few of the lot lines to reduce the number of lot wIdth variances. The original sketch plan which was gIven conceptual approval by the City CouncIl had the lot wIdth for Lots 5 and 6 at 157 feet. That was before the amendment was passed requiring 160 feet on cui de sac lots. After further discussion, the majority preferred to have Mr. Kobs and Staff look at it again with the intent of reducing the number of lot width variances to one. A suggestion was also that it would be preferable to vary from a 300-foot lot frontage than from the narrower cul-de-sac lot frontage. Commissioner Apel preferred not delaying the item but to forward it to the Council recommending approval of the '/ proposed variances. Councilmember McMullen stated he didn't see how squaring up the lots would help any. Also, the variance requests along the cuI de sac is consistent to what the City has done prior to the ordinance amendment. MOTION by Dehn, Seconded by Jovanovich, to table and reconsider the lot lines, to reevaluate the situation to try to find workable types of situations so that there Is only one variance. VOTE ON MOTION: YES-Peek, Dehn, Jonak, Jovanovich; NO-Apel, McMullen; ABSENT-Pease. Motion carried. Hearing tabled to next meetIng, Tuesday, May 14, 1991. 8:15 p.m. PUBLIC HEARING: SPECIAL USE PERMIT - STEPS OF SUCCESS HOMES. DAYTON JAHN. 4100 160TH LANE NW. TO OPERATE A FOSTER GROUP HOME \ \ ) Mr. Carlberg reviewed the request of Steps of Success Homes to conduct a foster group home at 4100 160th Lane NW. The home is a foster home for adolescent girls and has been operating there for the past three years wIthout any complaints to the CIty or to the police. Since the notice of this hearing, the office has received a letter from the famIlies in Fox Meadows listing 12 concerns to this permit. The Staff recommends approval of the request, feeling it meets all the criteria for granting a Special Use Permit. Mr. Carlberg also reviewed the conditions placed on a similiar Special Use Permit granted in 1989 for a shelter for adolescent boys located on Round Lake Boulevard. '- ) u Planning and Zoning COlTUTlission / Minutes - AprIl 23, 1991 Page 4 (Public Hearing: Special Use Permit - Steps of Success Homes, Cont.> The hearing was opened for public testImony. Jim Larson. 4121 160th Lane NW - questIoned why the permIt Is fIrst now beIng dIscussed when they have been In operatIon for three years. Mr. Carlberg stated the Staff was not aware of thIs operatIon. Kim Jahn. 4100 160th Lane NW - explaIned they contacted the CIty prior to purchasIng the home as to the requIrements of the City to operate a foster home of thIs type. She has a letter In her fIle from the CIty, whIch they had to submIt prIor to obtaInIng theIr State license. It states the ordinance al lows them to have up to ten children wIthout a SpecIal Use PermIt. Mr. Carlberg stated the CIty has a copy of that letter. It dId not come from the Planning Department but from the Clerk's offIce. There appears to have been a mIsInterpretation that thIs Is a daycare type operatIon. , / Ms. Jahn - explaIned they have ten adolescsent gIrls and are lIcensed for that many through the State Department of CorrectIons. TheIr home has been Inspected by the FIre Marshal and has to meet the health codes. They contract wIth Anoka County. but receIve chIldren from varIous other counties as well. Ms. Jahn stated they have a good reputatIon, are well lIked. and have had good reports about their home. They have been doIng thIs for nIne years, sIx In Grand RapIds and three here in Andover. The chIldren who come into their home are not ChemIcally dependent; they are behavIoral problems. They have two of theIr own chIldren and wIll not accept gIrls who are dangerous. Ms. Jahn addressed some of the concerns listed In the letter from the neIghborhood residents. The gIrls range In age from 12 to 17 years old, but can stay there at age 18 untIl they graduate. There has never been any vandalIsm nor a report In the three years they have operated in the City. The gIrls are not allowed to play acid rock. They do not leave the premises wIthout permIssIon. They have been a private corporatIon sInce 1988. There is one full-tIme socIal worker who Is at the house four days a week and one part-tIme social worker who comes three days a week. The only traffIc is theIr three vehIcles, the socIal worker. when parents pIck up and return the gIrls for a vIsit once a month, and an evaluatIon meetIng every three months which generates about seven vehIcles maxImum. The girls are not al lowed to have vehicles. The gIrls have a five-step behavIor program where they can earn certain prIvIleges lIke goIng out for a walk. PrIvIleges are lost for inapproprIate behavIor such as loud noises. They try to teach the girls to be young ladles and to act as such. The average stay is nIne months to one year. There Is 24-hour adult supervIsIon. ,/ Ms. Jahn also explaIned the crIterIa they must meet for theIr yearly lIcense renewal, notIng the FIre Marshal must Inspect them every three years and the health offIcIal every year. She stated she had no problems wIth the crIterIa gIven for the other SpecIal Use Permit because they are already restrIcted by the State on these matters. '- / , \ U / Planning and ZonIng Commission MInutes - AprIl 23, 1991 Page 5 (PublIc HearIng: SpecIal Use PermIt - Steps of Success Homes, Cont.> Terri Neises. 4101 S Enchanted Drive NW - stated she had nothing to do wIth the letter sent to the CIty. But she was concerned that sInce thIs Is a corporatIon, the Jahn's could move on and have someone else manage the home and then there may be problems. She had some concern about the deprecIation of theIr property values, though It doesn't affect her as much sInce she Is behInd thIs resIdence. Mr. Carlberg explaIned the permIt goes wIth the property; however, If there are complaInts, the CIty wIll InvestIgate and can revoke the permIt. Ms. Neises - stated the neIghbors generally do not complain about some of the noIse, but she saId there has been occasIonal noIse In the summer. She hasn't seen any Increased traffic. But If she decIdes to sell, she felt It wIll be a negatIve stIgma to have the foster home behInd them. After further dIscussIon, the CommIssIon poInted out that wIth chIldren In the neIghborhood there Is goIng to be a certaIn amount of noIse. Ms. Jahn - stated they do not allow loud musIc. The girls are very , lImited, expressIng surprise about the comment. She is there full ) time 24 hours a day, seven days a week, unless she has a day off. The CommissIon suggested the residents exchange phone numbers and discuss any problems wIth the Jahn's when they arIse. Paul Dennie. 4020 160th Lane NW - stated rIght now the home looks nIce and he has no problem wIth the foster home. How long would It take the City to revoke the lIcense if there are a lot of complaints. He stated he does not endorse the letter sent to the City. Mr. Carlberg stated the revocation procedure would begin right away and shouldn't take very long. David Groth. 4130 160th Lane NW from and who sends them there. letter sent to the City. - asked where the chIldren come He stated he does not endorse the Ms. Jahn - stated the gIrls come from varIous counties within the State of Minnesota, but the majority are from Anoka County. The girls are sent to them through the courts because of their behavioral problems. ) Helen Braaten. 4040 160th Lane NW - stated about a year ago one of the gIrls knocked on her door because she was locked out of the house and no one was home. That girl stated she was into drugs. She was also concerned about the people who come to visit these girls. Ms. Braaten felt the other girls were less rowdy than the ones there now. She also could not endorse all of the letter sent to the City. She also asked whether this is covered by the covenant they signed when they moved Into the neighborhood. Ms. Jahn - dId not know which gIrl she was referrIng to, but It probably was that the girl had tried drugs at some tIme. \ / \ ) Planning and Zoning Commission Minutes - April 23, 1991 Page 6 (Public Hearing: Special Use Permit - Steps of Success Homes, Cont.> The CommIssIon noted the CIty has no part In the covenant and cannot be its enforcer. Chairperson Peek asked if anyone in the audience would claIm authorship to the letter sent to the City listing the 12 concerns of this proposal. No one came forward. MOTION by Apel, Seconded by Jonak. to close the public hearing. Motion carried on a 6-Yes, 1-Absent (Pease) vote. In further discussion. the Commission did not feel it is appropriate to accept a unsigned letter of obJectIon. It was agreed that fencIng would not be appropriate since it is a 2 1/2-acre lot. MOTION by McMullen, Seconded by Jovanovich, to recommend approval of the Special Use Permit requested by Steps of Success Homes (Dayton Jahn) to operate a foster group home located at 4100 160th Lane NW. The CommIssion finds the request meets the criteria establIshed in OrdInance No.8, SectIon 5.03, IncludIng: the use wIll not be detrimental to the health, safety, morals or general welfare of the community; the use will not cause serious traffic congestIons or hazards; the use will not depreciate surroundIng property; and the use is In harmony with the ComprehensIve Plan. A condItion of the permit is that it Is to be subject to an annual review by Staff. The shelter shall be lImited to no more than 10 adolescent girls per State licensIng regulatIons. The applicant shall provide proof of license with the State of Minnesota and inspection forms from Anoka County. Also. that the CIty FIre Marshal inspect the premIses. A public hearIng was held and there were some concerns raised. Motion carried on a 6-Yes, 1-Absent (Pease) vote. to the CIty CouncIl at theIr May 7. 1991. meetIng. ThIs item will go 9:03 p.m. PUBLIC HEARING: LOT SPLIT/VARIANCE - JEROME LOTHSPEICH. 3629 143RD AVENUE NW Mr. Carlberg revIewed the request of Jerry Lothspeich to spIlt a .77-acre lot into two separate lots at 3629 143rd Avenue NW, Auditor's SubdIvIsIon 82. The lot spilt wIll requIre a varIance for both parcels for lot area, and the northermost parcel wIll require a variance for lot width. The lots wIll be 90x150 feet and 113.16x150 feet. Because sewer and water Is now avaIlable to these lots, the Staff is recommending the lots be spIlt to meet the R-4 requIrements even though the parcel is zoned R-3. The reason for the smaller lot on the north Is to avoId a grove of trees and a garden. The applicant is to pay $400 park dedIcation fee upon CIty CouncIl approval of the lot spIlt. The hearIng was opened for public testImony. No one came forward. \ \- ~ , \ '-..J " PlannIng and ZonIng Commission J MInutes - AprIl 23, 1991 Page 7 <PublIc Hearing: Lot Split/VarIance - Jerome Lothspeich, Continued) MOTION by Apel, Seconded by Dehn, to close the public hearing. MotIon carrIed on a 6-Yes, 1-Absent (Pease) vote. MOTION by JovanovIch, Seconded by Dehn, recommend approval of the lot splIt/varIance request of Jerry Lothspelch located at 3629 143rd Avenue NW. The CommIssion fInds that based on SectIon IV of OrdInance No. 40, the CIty CouncIl may vary the applIcatIon of any of the provIsIons In OrdInance No. 40 and that the varIance request Is consIstent wIth the Intent of the ComprehensIve Plan and would not have a detrImental effect upon the health, safety, morals and general welfare of the City of Andover. That the appllicant pay a park dedIcatIon fee of $400 upon City CouncIl approval of the proposed lot splIt. Public hearIng was held and there was no opposItIon. The reason for the request Is to secure an addItional lot for potentIal future sale and development. '. \. ) DISCUSSION: ChaIrperson Peek noted the neIghborhood boundarIes are already establIshed, and he preferred usIng that line whIch would increase the smaller lot and reduce the sIze of the larger lot. Mr. Carlberg noted the grove of trees where that property lIne would be and the Council's concern to protect trees In the CIty. The lots as proposed do exceed R-4 requIrements. The reason for the variance is because thIs is currently zoned R-3, whIch has larger sIze requIrements. Jerrv Lothspelch. 3629 143rd Avenue NW - stated there Is a grove of plum trees and a wIllow trees In the mIddle. Also, hIs house Is set back 55 feet, whIch would Interfere wIth the back yard of the new lot and the grove of trees If the neIghborhood boundary was used. GoIng 20 feet to the north solves the whole problem. MotIon carrIed on a 6-Yes, 1-Absent (Pease) vote. ThIs Item wIll be on the May 7, 1991, CIty CouncIl agenda. 9:20 p.m. The CommIssIon recessed at thIs tIme; reconvened at 9:30 p.m. DISCUSSION - ORDINANCE NO. 23. EQUINE ORDINANCE ChaIrperson Peek summarIzed the three areas of concern are the well separatIon, the separatIon of the shelter to the habItable portIon of 'j the dwellIng, and a grandparentIng clause In the ordInance. Mr. Carlberg reported the Staff has found that as of January 1, 1990, the CIty no longer has authority to regulate all well constructIon and enforce well codes. That Is now done by the Department of Health. \.) , \.-) Planning and Zoning Commission Minutes - April 23, 1991 " Page 8 / (Discussion - Ordinance No. 23, Equine Ordinance, Continued) John Bills. Chairperson of the Equestrian Council - reported they investigated the ordinances in five different cities. Two cities had distance requirements between the horse shelter and house of 75 and 100 feet. The other three cities did not regulate the distance. None of the cities had any public health problems. The recommendation of the Equestrian Council is that all new construction of horse shelters should be 100 feet from the house and include a grandparenting clause in the ordinance for such distances at 50 feet. Discussion was then on a grandparenting clause. Mr. Bills recalls the discussion that all existing horse operations would be grandparented in and they would have one year to conform through the variance procedures with their operations. That provision was not added to the ordinance. After further discussion, the consensus was to include a grandparenting clause in Ordinance 23 for all legal horse shelters prior to the adoption of the ordinance. They didn/t feel it is possible to get a variance on an illegal structure. MOTION by McMullen, Seconded by Dehn, the proposed changes to Ordinance No. 23C, Section IV. Sheiter Requirements, C: strike the old "CO and add the new one, "The separation between the shelter (accessory structure) and the well shall be as established by State Hea I th Codes." '\ , ) Section IV, Shelter Requirements, strike the present "B" and replace it with the proposed "B", "Said shelter shall be located no closer than one hundred (100/) feet from the habitable portion of any dwel ling and fifty (50/) feet from the abutting property lines." That a grandparenting clause be added for any legally existing structure for the shelter of equines as of the date of adoption of this new ordinance. Mr. Carlberg is to check with the City Attorney on the appropriate wording of a grandparenting clause. Motion carried on a 6-Yes, I-Absent (Pease) vote. The Commission then discussed the Rucks variance request. It was felt that there is nothing to act on since the well separation issue is no longer under the control of the City. Also, the issue of whether or not the horse lean-to is a legal structure is an issue for the Building Department, not the Planning Commission. MOTION by Apel, Seconded by McMullen, that since changes in Ordinance 23C makes the variance request moot, that the $50 variance fee be refunded to Carolyn Rucks and the whole matter dropped. Motion carried on a 5-Yes (Apel, Dehn, Jonak, Jovanovich, McMullen), 1-No \ (Peek), I-Absent (Pease) vote. ) The matter will be placed on the May 7, 1991, City Council agenda. '--J \ ~) ) PlannIng and ZonIng CommIssion MInutes - AprIl 23, 1991 Page 9 OTHER BUSINESS Mr. Carlberg stated the Plan/Share Conference scheduled for last Saturday was cancelled due to lack of Interest. Another one Is being planned for some tIme In the fal I; and he wIll brIng further InformatIon to the CouncIl about It at that tIme. Mr. Carlberg Informed the CommIssIon that the agenda for the AprIl 30, 1991, specIal JoInt meetIng wIth the CIty Council wII I Include the BusIness/Home Alarm OrdInance and IndustrIal and commercIal development in the CIty. Mr. Carlberg stated there are Board AdmInIstrators manuals avaIlable whIch provIded informatIon on runnIng meetIngs and procedures. The cost Is $15. He wII I get a copy of that book to revIew. Mr. Carlberg also noted that several members are not able to attend the ComprehensIve Plan Task Force meetIng on Thursday, AprIl 25. After discussIon It was agreed that If at least fIve members are unable to attend, the meetIng wIll be cancelled. '. ,) There being no further busIness, ChaIrperson Peek declared the meetIng adjourned at 10:15 p.m. Respectfully submItted, ~~aS-V~ RecordIng Secretary , )