HomeMy WebLinkAboutApril 14, 1992
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CITY of ANDOVER
PLANNING AND ZONING COMMISSION MEETING - APRIL 14. 1992
MINUTES
The Regular Bi-Monthly Meeting of the Andover Planning and Zoning
Commission was called to order by Chairperson Bonnie Dehn on April 14,
1992.7:30 p.m., at the Andover City Hall, 1685 Crosstown Boulevard
NW, Andover, Minnesota.
Commissioners present:
Commissioners absent:
Also present:
Maynard Apel. Steve Jonak, Bev Jovanovich
Becky Pease, Randy Peek, Marc McMullen
City Planner. David Carlberg
Others
APPROVAL OF MINUTES
March 24. 1992: Correct as written.
MOTION by
written.
I-Present
Apel, Seconded by
Motion carried on
(Jonak), 3-Absent
Jovanovich, to approve the Minutes as
a 3-Yes (Apel. Dehn, Jovanovich),
(Pease, Peek, McMullen) vote.
SKETCH PLAN - ERHART/RAETZ
Mr. Carlberg asked that the Item be deleted from the Agenda. The
Commission agreed.
VARIANCE: FRONT YARD SETBACK. 13315 LILY STREET NW - JAMES LARSON
Mr. Carlberg reviewed the request of Jim Larson to allow for the
construction and placement of an accessory structure encroaching into
the required 35-foot front yard setback from the existing right of way
of Li ly Street NW. Mr. Larson is in the process of legally combining
the two lots, which will result in a combined acreage of .77 acres.
He reviewed the applicable ordinances of Ordinance 8, Section 4.05(C).
Section 4.05(F), Section 6.02, and Section 5.04, and Ordinance 71, the
Shoreland Ordinance since this is a riparian lot on Crooked Lake. The
property is zoned R-4, single family urban. Technically the garage
could be placed a few feet back, but several large trees would then be
affected.
Mr. Carlberg reviewed the background of this area. The home was
constructed when Lily Street NW came from the south and ended in a
cul-de-sac. When Lily Street was changed and constructed from the
north, a 40-foot radius cul-de-sac was constructed in the existing
right-of-way easement. Normally there would be 13 1/2 feet of
boulevard green space following the curvature of the cul-de-sac, but
that is not the case here. Mr. Larsen has proposed constructing the
accessory structure either parallel with the house or at an angle to
it.
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Andover Planning and Zoning Commission
Minutes - April 14, 1992
Page 2
(Variance: Front yard Setback, 13315 Li ly Street NW, Continued)
Jim Larson. 13315 Lily Street NW - reviewed a revised sketch of the
area showing the current house is 35 feet from the property line.
When the street was changed to come from the north, they did not move
the property line in Andover, which probably should have been done.
From the edge of the cul-de-sac to his property line it is three feet,
nine inches. He negotiated with the City when the present cul-de-sac
was constructed, al lowing it closer to his property line to move it
away from his neighbor across the street. He also noted that he
purchased the 50-foot lot to the south so no one would ever build on
it. The area south of the cul-de-sac is City easement.
After discussing the situation with Mr. Larson, it was generally felt
that when looking at the alignment of the other existing homes. it
would not be a problem with the proposed location of an accessory
building. Mr. Carlberg stated he walked the area with the City
Administrator, and they did not see a problem either.
Mr. Larson - stated aesthetically, he would prefer to put the garage
at an angle to the house. Mr. Carlberg stated the garage would then
f , be 15 feet from the property line.
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MOTION by Apel, Seconded by Jonak, that the Planning and Zoning
Commission recommend approval of the variance request by Jim Larson of
13315 Lily Street NW. The recommendation is for a variance from
Ordinance No.8, Section 4.05(C) and from Ordinance No.8, Section
6.02.
The reason for granting this variance is that the area in which
Mr. Larson's house is located on has been sUbject to some design
problems because of the 40-foot cul-de-sac and, therefore, this
Commission feels that he should be granted this variance because he
helped the City in designing it and gave them access to 33 feet on the
cul-de-sac. Also, because of the way that area is set up, the reality
of the situation is that the garage would really not, from a
standpoint of visual observation or even from a measured observation,
be in conflict with our ordinances other than the fact that his
present property line causes the conflict. Under Ordinance No.8,
Section 5.04(C), a hardship does exist and that section of the
ordinance is being met.
Motion carried on a 4-Yes, 3-Absent (Pease, Peek, McMullen) vote. The
item will be on the May 5, 1992, City Council agenda.
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DISCUSSION - ORDINANCE NO.8. SECTION 4.05. ACCESSORY STRUCTURES
Mr. Carlberg stated the Building Department has asked the Planning and
Zoning Commission to consider amending Ordinance No.8, Section 4.05.
to limit the size of an accessory building to the total square footage
of the principal structure on parcels less than ten acres in area.
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Andover Planning and Zoning Commission
Minutes - April 14, 1992
Page 3
<Discussion - OrdInance 8, 4.05, Acesesory Structures, ContInued)
Mr. Carlberg noted the CommIssIon and CouncIl addressed the issue as
recently as September, 1991, and made no change. In researching the
requirements of other cities, it was found that Andover is the most
restrictive. He was not aware of any problems resulting from this
section of the ordinance.
The Commision briefly discussed the issue again, the consensus being
their opinions remain unchanged on the matter, that there is no
rationale for changing the existing ordinance. A suggestion was if
the Building Department has specific instances of problems, that
should be brought to the Commission.
MOTION by Apel, Seconded by Jovanovich, that the ordinance should
not be changed. Motion carried on a 4-Yes, 3-Absent <Pease, Peek,
McMullen) vote.
DISCUSSION - ORDINANCE NO. 44. JUNKYARDS
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Mr. Carlberg explained he has talked with the City Attorney regarding
a penalty fee for for junkyard licenses not received by January 1 of
the year of licensing. The Commission had agreed to a fine or
penalty for late license renewals of $700. The Attorney advised it
should not be a penalty, but an addItional fee beyond the normal
license fee when they do not license properly. Mr. Carlberg
recowmended Section 3.5 of Ordinance No. 44 be amended to read:
An additional fee as set out by Council Resolution shall be
charged to the auto recycling yards and/or junkyard dealers
who do not receive licensing approved by the City Council
before January 1 of the licensing year.
Mr. Carlberg stated he wil I bring this ordinance change to the City
Council following the Attorney's review. The Commission agreed a
pUblic hearing is not needed for this amendment.
MOTION by Apel, Seconded by Jovanovich, that Staff may direct this
to the Council's May 5 meeting with the Attorney's approval of that
wording. Motion carried on a 4-Yes, 3-Absent <Pease, Peek, McMullen)
vote.
OTHER BUSINESS
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Mr. Carlberg stated he received a letter from the Chairperson of the
Metropolitan Council today accepting the Minor Amendment for Phases 1
and 2 of Weybridge. Staff is completing two other Minor Amendments to
be submitted for Winslow Hills 2nd and for Pinewood Estates.
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Andover Planning and Zoning Commission
Minutes - April 14, 1992
Page 4
(Other Business, Continued)
Mr. Carlberg also updated the Commission on the status of the City's
Comprehensive Plan. Metropolitan Staff is stil I asking that the City
work with the other cities in the county and with Anoka County
regarding the deficiency of Highway 10 to handle the expected growth.
They are asking the City to review its Transportation Section and to
find alternative routes other than Highway 10. The county's position
is they have an approved plan, and they do not have jurisdiction over
Highway 10. The City wil I continue working on this issue.
Mr. Carlberg informed the Commission that Staff is bringing a proposed
amendment to Ordinance 10 directly to the City Council for their
action. The issue is measuring 6 1/2 feet above the seasonal high
water mark and placing the house 18 inches above the street level.
Mr. Carlberg also reported the Commission wil I be holding a public
hearing at their next meeting, April 28, on the proposed Tree
Ordinance. Ordinance No. 29, and the Tree Preservation Plan.
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There being no further business, Chairperson Dehn declared the meeting
adjourned at 8:15 p.m.
Respectfully submitted,
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Marcella A. Peach
Recording Secretary