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HomeMy WebLinkAboutApril 22, 2008 C 1 T Y o F NDOVE 0 PLANNING AND ZONING COMMISSION MEETING -APRIL 22,2008 The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Daninger on April 22, 2008, 7 :00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Chairperson Daninger, Commissioners Tim Kirchoff, Michael Casey, Valerie Holthus, Douglas Falk and Dennis Cleveland. Commissioners absent: Commissioner Devon Walton. Also present: City Planner, Courtney Bednarz Associate Planner, Andy Cross Others 0 APPROVAL OF MINUTES. April 8, 2008 Motion by Casey, seconded by Kirchoff, to approve the minutes as presented. Motion carried on a 5-ayes, O-nays, I-present (Holthus), I-absent (Walton) vote. PUBLIC HEARING: CONDITIONAL USE PERMIT (08-05) TO ADD ADDITIONAL ANTENNAS FOR VERIZON WIRELESS TO EXISTING TOWER AT 13595 HANSON BOULEVARD NW. Chairperson Daninger stepped down from discussion and voting. Mr. Cross reviewed the staff report with the Commission. Commissioner Cleveland stated there were some changes, one was the lease with a sunset clause with a possible annual review and the other was the driveway. Mr. Cross stated this is standard with every Conditional Use Permit. The City was also looking at drainage issues because no drainage information was provided. 0 Regular Andover Planning and Zoning Commission Meeting Minutes - April 22, 2008 0 Page 2 Commissioner Kirchoff asked if the utility building on site will have capacity for other cell phone companies to be co-located on the tower or in the building. Mr. Cross stated he would need to defer this to the applicant. Motion by Holthus, seconded by Casey, to open the public hearing. Motion carried on a 5-ayes,0-nays, I-present (Daninger), I-absent (Walton) vote. Motion by Cleveland, seconded by Casey, to close the public hearing. Motion carried on a 5-ayes, O-nays, I-present (Daninger), I-absent (Walton) vote. Mr. Jim Nelson, 122 East Golden Lake Lane, Circle Pines indicated he was at the meeting to represent Verizon Wireless and answer questions. Commissioner Holthus asked how often vehicles will go off and on the site. Mr. Nelson indicated that once the structure is built maintenance will be one to three times a month. Commissioner Kirchoff asked if other cell phone companies will be allowed to co-locate. Mr. Nelson stated the tower belongs to Anoka County and allowing other companies to occupy the tower would be up to them and any concerns regarding structural issues. He stated the use of the equipment shelter will only be for Verizon Wireless but there is 0 space on the property for other companies can place another shelter. He stated some wireless companies use weather proof shelters that do not take up too much space but he did not know if technology is changing where they will see less of the shelters. Commissioner Kirchoff asked why they only want to go up 130 feet versus 300 feet. Mr. Nelson stated there are other antennae on there that the County is using. He stated 130 feet is not unusual and anything higher is not needed. Mr. John Todd, Communications Director for Anoka County was also at the meeting and in response to one of the previous questions, the tower was very heavily loaded before they built their 800 mhz radio system and would not support any additional carriers. Since their transition there would be additional capacity on the tower for additional carners. Commissioner Falk asked if in the future this site can handle more buildings. Mr. Cross stated it is a large site and can accommodate more buildings. Motion by Casey, seconded by Holthus, to recommend to the City Council approval of the Conditional Use Permit request. Motion carried on a 5-ayes, O-nays, I-abstain (Daninger), I-absent (Walton) vote. Mr. Cross stated that this item would be before the Council at the May 6, 2008 City 0 Council meeting. Regular Andover Planning and Zoning Commission Meeting Minutes - April 22, 2008 Page 3 0 PUBLIC HEARING: VARIANCE (08-01) TO VARY FROM THE MAXIMUM DETACHED ACCESSORY STRUCTURE SIZE FOR PROPERTY LOCATED AT 13500 HIDDEN CREEK DRIVE. Mr. Bednarz discussed the staff report with the Commission. Commissioner Cleveland asked what the elevation drop was from the house to the street. Mr. Bednarz stated it did not show very well on the survey. He thought the applicant could answer that. Motion by Kirchoff, seconded by Falk, to open the public hearing. Motion carried on a 6-ayes, O-nays, O-present, I-absent (Walton) vote. Mr. Chad Erickson, 13500 Hidden Creek Drive made a presentation to the Commission regarding his application for a variance to vary from the maximum detached accessory structure size. Mr. Erickson felt he was unique to the ordinance because of the size of his lot is more than one acre compared to typical one quarter acre lots in the R-4 District. He stated he talked to his neighbors and he had eight signatures indicating their approval of this. One neighbor, next door to his did not like the plans. Mr. Grenz's concern was this would 0 potentially lower the property value of his home because of this addition, based on a realtor's opinion but two other realtors disagreed. Mr. Erickson stated the structure would be located far into the backyard and would hardly be visible from the street. Mr. Erickson stated another concern of Mr. Grenz was the addition would be not being able to see the nature around him in his backyard but Mr. Grenz built his own structure directly behind his house so the view was already blocked. Commissioner Kirchoff asked why Mr. Erickson chose this particular spot in the yard. Mr. Erickson stated he wanted to go as far back as he can in his yard so his kids can play in the backyard and they can have a large green yard. He stated there is also a border for the wetland area which he cannot build into. Commissioner Kirchoff wondered if this could be moved closer to the house to the east. Mr. Erickson stated to do that he would be taking down a massive tree and there is also a big mound and would required a great deal of foundation work done. It would also be placed in the center of his yard if moved closer. , Mr. Erickson stated ifhe were denied this he would build a 20x20 addition which would not serve his need. Commissioner Holthus wondered how they could get a vehicle to the back structure. Mr. 0 Erickson stated the building would store his A TV's and not cars. Regular Andover Planning and Zoning Commission Meeting Minutes - April 22, 2008 Page 4 0 Commissioner Holthus wondered if Mr. Erickson would have any part of his business in the back structure. Mr. Erickson stated he does have a home based business with no employees. He stated he does not house any material on the property and does not have any seminars or teachings, customers do not come to his house, and it is all outside sales. Ocassionally an installer will come by and receive a check. Chairperson Daninger asked if there will be any tree removal in the area requested. Mr. Erickson stated there would be one small tree that would need to be removed. Chairperson Daninger asked how far down the property slopes down towards the creek. Mr. Erickson stated he can go down a maximum of fifteen feet from the benchmark and the structure would be well above that point. He anticipated the gable will be seen from the road but nothing else. Chairperson Daninger asked in the three car garage, what is being stored in the first stall. Mr. Erickson stated a vehicle could not be parked in the first stall because it is too short and partially occupied by part of the home. Motion by Kirchoff, seconded by Casey, to close the public hearing. Motion carried on a 5-ayes, O-nays, O-present, I-absent (Walton) vote. 0 Commissioner Cleveland asked for information on the standard practice they use for granting a variance. Mr. Bednarz reviewed the Code with the Commission. Commissioner Kirchoff stated they have an ordinance called the "Mother-in-law structure" and he wondered if this would apply here. Mr. Bednarz stated the City does allow guest houses and there are additional requirements that apply to those. Commissioner Kirchoff asked if there is a size limit to those. Mr. Bednarz stated the size regulations are the same as for an accessory structure. Commissioner Holthus asked if the building two houses down was a two car garage. Mr. Erickson stated it was a 28x26 structure. Commissioner Holthus wondered if there were other structures like this in the area Mr. Bednarz stated he Was unsure of the number of detached garages in the neighborhood. Commissioner Holthus thought they should stick to the code. Commissioner Casey did not see a need for a variance. Commissioner Cleveland agreed. Commission Falk thought they should abide by the code because he did not see a hardship. Commissioner Kirchoff stated he was a fan of the larger garages but could not see a hardship. Chairperson Daninger agreed with the rest of the Commissioners. He stated there were reasons why they changed this Code in 2005. 0 Regular Andover Planning and Zoning Commission Meeting Minutes - April 22, 2008 Page 5 0 Motion by Falk, seconded by Kirchoff, to recommend denial of the variance to vary from the maximum detached accessory structure size for property located at 13500 Hidden Creek Drive. Motion carried on a 6-ayes, O-nays, O-present, I-absent (Walton) vote. Mr. Bednarz stated that this item would be before the Council at the May 6, 2008 City Council meeting. PUBLIC HEARING: RESIDENTIAL SKETCH PLAN FOR A SINGLE FAMILY DEVELOPMENT LOCATED SOUTHEAST OF THE INTERSECTION OF ROUND LAKE BOULEVARD NW AND SOUTH COON CREEK DRIVE. Mr. Bednarz discussed the staff report with the Commission. Commissioner Holthus asked on the sketch plan where the emergency access plan is she noticed the word park and wondered why it would say that. Mr. Bednarz stated this area would not be counted toward park dedication. Commissioner Kirchoff wondered if there would be a breakaway design on the emergency access. Mr. Bednarz did not think there would be a breakaway but it would be constructed to limit vehicle access to emergency vehicles. 0 Commissioner Kirchoff wondered what the restrictions were in a five hundred year flood plain. Mr. Bednarz explained that the city and FEMA allow construction within the 500 year floodplain. Motion by Kirchoff, seconded by Casey, to open the public hearing. Motion carried on a 6-ayes, O-nays, O-present, I-absent (Walton) vote. Mr. Ronald Hoch, 3426 South Coon Creek Drive, stated one of the concerns he had was security and privacy of his home. Another concern he had was this area was surrounded by many trees and in the past storms have blown down trees that may block this access. He thought many trees would be lost if an access were put in. He wondered if it made sense to have a one hundred foot long emergency access. Another issue he has is his home along with other homes in the area has a lot of property and the proposed development will have smaller lots which will be a negative for him and his neighbors. He explained how low the surrounding ground is and unusable and did not think that it should be used to determine total acreage in order to put more buildings on the higher ground. He submitted a letter to the Commission. Ms. Vicki Swanson, 3455 142nd Lane West, stated her property backs up to the wetland area She had concerns with the property value and thought the smaller lots will bring the value down. She was also concerned about the size of the units being built and how they 0 may remain vacant. She saw traffic as an issue. Regular Andover Planning and Zoning Commission Meeting Minutes - April 22, 2008 Page 6 0 Mr. Dan Hanson, 3511 1420d Lane, stated one concern was the lot size and setback of the homes. He asked if they strictly stuck to the R-4 Zoning how many homes would be allowed. Mr. Bednarz stated he believed 18 to 20 R-4 lots could be achieved. Mr. Virgil Rasmussen, 14241 Quay Street, stated his concern was the wetland area and the wetland is a low spot in the area without any outlet that he knows of. All the drainage in the area comes down into his yard and travels to the wetland. He stated he has noticed over the years that his yard is taking longer to dry out and the wetland is filling up with sediment from the street. He believed the wetland was where the water table was located at. He believed the City will have to do something with that area to maintain drainage for the surrounding area Mr. Don Bengry, 14249 Quay Street N.W., stated he was concerned about the size of the lots that will be put in the development. He thought this will reduce the values of the surrounding homes. He was against an exception being made for a reduction of the size of.lots. He also noted that there were many different types of animals there which would be destroyed and he thought the City needed to consider keeping some green areas in the City. Ms. Kimberly Carr, 3511 1420d Lane, stated they purchased their home because of the area behind them and the trees. She stated the lots behind her home are all smaller than 0 what her lot is and did not know why this would be allowed in this area Mr. Bill Swanson, 3455 1420d Lane, stated the wetland is an important place for water runoff and he also wondered where the kids were going to play in the area because this has always been an area where kids can go and play. Mr. Paul Ekstrom, 13796 Holly Street, stated he was a realtor and the property the applicant will be talking about is raising and developing the property. He stated they also needed to consider the existing homes in the area because a lot of the homes are in need of extensive remodeling. In looking at the R-4 variance, the applicant will talk about the types of homes going in there. He stated being a realtor there are very few detached townhomes in Andover and there is a need for these types of homes in the area. The tax base will create income to the City with allowing this development. He thought this is something very refreshing at this time and would help the home market. Ms. Kimberly Carr stated she was confused because in the City of Andover there were forty-seven townhomes listed on the Edina Realty website. She did not know if they were detached or not. Mr. Joe Demaio, 3447 South Coon Creek Drive, understood there were several sites in Andover that people do not want to have developed but he thought they should stay with their standard set of subdivisions and keep it at the R-4level and they should not vary off 0 of that. He stated they have many homes in foreclosure and he did not see how adding more detached townhomes or homes in this area help them. He stated he was vehemently Regular Andover Planning and Zoning Commission Meeting Minutes - April 22, 2008 Page 7 0 opposed to the emergency access on South Coon Creek Drive and would rather have it on Round Lake Boulevard or other controlled intersection. Mr. Ron Nordeen, 13994 Heather Street N.W., stated he represented himself as the owner of the majority of the property. He stated his family is currently moving into the existing home on Round Lake Boulevard. He stated part of the trade off with building this development is to close off all of the dangerous entrances on Round Lake Boulevard. Mr. Nordeen made a presentation to the Commission regarding the development. Chairperson Daninger asked Mr. Nordeen how many lots it would be if it were a standard R-4 Zoning. Mr. Blatman, Hedburg Homes along with Mr. Lyle Reynolds, RLK Engineering was at the meeting to answer questions. Mr. Reynolds stated they looked at a number of plans for this development that would fit into R-4 Zoning and tried to fit in streets to serve standard lots. One obstacle they come up against is they have a single access and in order to cover the R -4 Zoning they would end up with two cul-de-sacs and at least one of them would exceed the maximum allowed by the City. They also tried another plan which included double frontage lots resulting in the reduction of the number of lots but they found them unacceptable. They felt the current configuration was more appropriate, giving them looped streets with more 0 frontage and allowing them to back some properties up to the wetland but not infringe on the wetland. He stated they were looking at between 18 and 24 lots in the configurations but did not explore them in detail. Chairperson Daninger stated safety was something the developer was trying to plan into this project and he wondered what else the developer was going to plan for in the PUD. Mr. Nordeen stated there will be adequate screening and buffering from this development to the surrounding properties which will include the area along Round Lake Boulevard. He stated their arborist told them that most of the trees within that development are low quality or blown over in previous storms. There are some quality oaks that could be saved and a plan will be submitted for that. The developer discussed with the Planning Commission the potential PUD plan. Mr. John Blatman stated they did look at cul-de-sac in the beginning but they ended up with lots that would have the front side of the housing facing the back of another house and they did not think they were marketable and that the City would allow that either. He stated the largest unit will be 52x52 and will go down to 46 feet wide, they would propose six different types of homes in the development with variations in the design of the units. Motion by Falk, seconded by Casey, to close the public hearing. Motion carried on a 6- 0 ayes, O-nays, O-present, I-absent (Walton) vote. Regular Andover Planning and Zoning Commission Meeting Minutes - April 22, 2008 Page 8 0 Commissioner Falk asked on Round Lake Boulevard will turn lanes be put in at the entrance. Mr. Bednarz stated the Highway Department comments would include that. Commissioner Cleveland stated he had a concern with the setbacks because they are a lot smaller than other neighborhoods. He noticed they have done this a lot of times with the townhomes in Andover when doing PUD's. He stated this would not be an unusual situation and singling them out. He thought the lots were larger than what was approved by the City in past PUDs. Commissioner Kirchoff stated his concern was making sure the outer perimeter had adequate buffering for other neighbors in the area He stated he liked the concept of a PUD and that this would be a new neighborhood unto itself. He thought there was a significant difference between townhomes and detached townhomes and supported this concept. Chairperson Daninger stated there was a lot of citizen concern about the emergency access. Commissioner Kirchoff understood it was necessary for fIre access but he did have concerns for the existing property owners. He thought it was necessary and was needed and would not be used by residents. Commissioner Holthus stated they need that access because the County will not allow another access on Round Lake Boulevard. 0 Commissioner Cleveland wondered if the developer has talked to the neighbors about sharing the area where the emergency access is shown. Mr. Nordeen stated he has talked to the two property owners and hoped things could be worked out. He stated they agree with the two property owners that the emergency access not be there because the emergency vehicles would be able to drive over the land from Round lake Boulevard to get to the development if needed without making a trail. He stated the trail will be maintained by the association. Chairperson Daninger stated there was some very good input from a neighbor and he would be open to look at other options because the length of the emergency access may open up some different avenues. He thought they have allowed long cul-de-sacs in the City without a second access. Commissioner Kirchoff agreed and stated he did not have a problem with not having this access. Chairperson Daninger stated another thing is that the main access is so short and the emergency access is long and the area they would need to go through to access the development. He did not like to go against the recommendations of the Fire Department but thought the emergency access may not be needed. Chairperson Daninger asked if any Commissioners had a problem with the number of lots. Commissioner Kirchoff stated he did not have a problem with the number of lots. Commissioner Casey concurred and stated it stands alone as a PUD. He stated this meets or exceeds most of the PUD qualities they have. Commissioner Falk agreed. 0 Regular Andover Planning and Zoning Commission Meeting Minutes - April 22, 2008 Page 9 0 Commissioner Holthus thought the setbacks were too short and she would like to see more land between the homes and the street and in order to accomplish that they would need to take away some of the lots. Commissioner Cleveland agreed and said there are not a lot of options besides shortening backyards. He stated he did not like the emergency access at all but if the County will not allow another access he would like to see staff explore longer cul-de-sac' s and see how this would work without the emergency access. He stated he would rather have the emergency access stay and have the area developed than leave the area the way it currently is. Chairperson Daninger recapped the Commission's thoughts for the developer and audience. Mr. Bednarz stated that this item would be before the Council at the May 6, 2008 City Council meeting. PUBLIC HEARING: VARIANCE (08-02) TO VARY FROM THE SIDE YARD SETBACK REQUIREMENTS FOR PROPERTY LOCATED A"T 2363 VETERANS MEMORIAL BOULEVARD NW. Mr. Bednarz discussed the staff report with the Commission. 0 Commissioner Kirchoff asked if the property to the north was outside of the MUSA and not set at anytime soon to be included in it. Mr. Bednarz stated that was correct. Motion by Kirchoff, seconded by Casey, to open the public hearing. Motion carried on a 6-ayes,0-nays, I-absent (Walton) vote. Mr. Brian Parent, 9040 159th Lane, Ramsey, applicant, thought everything was explained well except for the hardship. He stated the farm road impacts the lot and makes it a hardship and hard to be marketable. He stated if they were given the variance they would be able to build a larger house which would impact the area positively. Motion by Cleveland, seconded by Casey, to close the public hearing. Motion carried on a 6-ayes, O-nays, I-absent (Walton) vote. Commissioner Kirchoffliked this and supported it. Commissioner Cleveland agreed and thought it would be nice to see this in the neighborhood. Chairperson Daninger asked when the farm road will be gone. Mr. Bednarz stated there will not be a farm road when the farm is no longer there. Chairperson Daninger asked what the cause and effect is on this variance. Will they see 0 another one like this. Mr. Bednarz did not recall seeing another urban corner lot with a setback dictated by an adjacent rural lot. Regular Andover Planning and Zoning Commission Meeting Minutes - April 22, 2008 Page 10 0 Motion by Casey, seconded by Holthus, to recommend to the City Council approval of the variance to vary from the side yard setback requirements for property located at 2363 Veterans Memorial Boulevard NW. Motion carried on a 6-ayes, O-nays, O-present, 1- absent (Walton) vote. Mr. Bednarz stated that this item would be before the Council at the May 6, 2008 City Council meeting. OTHER BUSINESS. Mr. Bednarz updated the Planning Corrimission on related items. ADJOURNMENT. Motion by Falk, seconded by Casey, to adjourn the meeting at 9:36 p.m. Motion carried on a 6-ayes, O-nays, I-absent (Walton) vote. 0 Respectfully Submitted, Sue Osbeck, Recording Secretary TimeSaver Off Site Secretarial, Inc. Ii 0