HomeMy WebLinkAboutApril 22, 2008
C 1 T Y o F
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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
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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.
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Regular Andover Planning and Zoning Commission Meeting
Minutes - April 22, 2008
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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.
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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.
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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
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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.
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