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HomeMy WebLinkAboutApril 14, 1992 o o o o r') V C}\ 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. / '\ \ ~) ,-J \ , J 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. '\. -_/ 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. ~-) 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. r~ U l.) ~-) 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 ~) 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 ~) 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. " " ) ,) \ , ) 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. ~~J There being no further business, Chairperson Dehn declared the meeting adjourned at 8:15 p.m. Respectfully submitted, ~~~~ Marcella A. Peach Recording Secretary