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HomeMy WebLinkAboutJuly 28, 1992 - 2 o o o CA CITY of ANDOVER Regular Planning and Zoning Commission Meeting July 28, 1992 The regularly scheduled Andover Planning and Zoning Commission meeting was called to order by Chairperson Bonnie Dehn at 7:34 P.M., Tuesday, July 28, 1992 at the Andover City Hall, 1685 Crosstown Boulevard N.W., Andover, MN. Commissioners Present: Jonak, Apel, Jovanovich, Pease, Peek, McMullen Commissioners Absent: None Also Present: Dave Carlberg, City Planner; others Approval of Minutes - July 14, 1992 The following corrections were made: o Commissioner Jonak noted that he should only be listed as absent rather than both absent and present. Page 2, 1st paragraph, 9th line, Ms. Backer's comment should read "..she would be happy to work with Andover...". Page 3, second line, the word "an" should be removed. MOTION by Pease, seconded by Jovanovich to approve the minutes of July 14, 1992 as amended. Motion carried on a 4 yes (Pease, Jovanovich, Apel, Dehn), 3 absent (Jonak, Peek, McMullen) vote. Public Hearing - Real Estate Signs - Meadows of Round Lake - Nedegaard Construction Company Mr. Carlberg explained that this is a request for 2 real estate signs for the Meadows of Round Lake, being developed by Nedegaard Construction Company. The locations of the signs will be 14325 Round Lake Boulevard and 14661 Kiowa Street N.W. Ordinances that apply are Ordinance 8, Section 5.03 which regulates the Special Use Permit and Ordinance 8, Section 8.07 (0)(2) which lists those signs allowed by Special Use Permit. Chairperson Dehn asked if any number of signs could be placed in a certain vicinity. Mr. Carlberg noted that the ordinance doesn't address the number of signs. At this time Chairperson Dehn opened the hearing for public testimony. o Dan Bonneville, 3608 - 143rd Avenue N.W. - presented a petition from property owners objecting to the sign location at 14325 Round Lake Boulevard, stating that because of the increased volume of traffic on County Road 9 and the large number of accidents, the people turning left onto 143rd Avenue depend on the alertness of the people driving behind them. The neighbors u u o Planning & Zoning Commission Meeting July 28, 1992 Page 2 (SUP-Nedegaard Const., Cont.) feel that a distraction created by this sign would compromise their safety. Mr. Carlberg explained that the sign will be set back from the property line; it's not going to be right up on the road. David Newman, Nedegaard Construction Company - noted that to the north of the property there is a hedge and the sign would be a little south of the hedge. The owners of the property don't want the sign in front of their house. He appreciates the concern about safety. The purpose for putting the sign there is for directional purposes. The location for the other sign (14661 Kiowa street N.W.) is a vacant lot. o Chairperson Dehn asked if there will be homes in the Meadows of Round Lake in the Parade of Homes, and if so, will there be an abundance of signs for these homes. Mr. Newman stated that they are looking at grouping the signs for all of the builders. Dan Bonneville felt that the sign will distract the people going north who use the shoulder for passing. Laura Minnihan, 3740 - 143rd Avenue N.W.- agreed that there is a safety problem on County Road 9. Mr. Carlberg noted that the County's concern is that the sign be out of the right-of-way. Mr. Newman explained that it will be 30 feet from the edge of the road. Commissioner Dehn asked how valuable that sign is because it's going to be set back so far. Mr. Newman noted that for southbound traffic it will be worthless but for those travelling north, it will give them some idea of where to turn. Commissioner Peek felt that whether or not the sign is there the traffic will be. He thought the effect will be the opposite of what was stated. Mr. Bonneville recommended that they look for an alternate location. o Commissioner Apel stated that he would rather have people see a sign then try to second guess where to turn. The property owner has property rights and the developer has certain rights. He noted that if we really feel it is a hazard, the request should be denied; however, he didn't think that is the case. MOTION by Jovanovich, seconded by Peek to close the public hearing. Motion carried unanimously. u o o o o Planning & Zoning Commission Meeting July 28, 1992 - Minutes Page 3 (SUP-Nedegaard Const., Cont.) Chairperson Dehn felt that it is unfortunate that County Road 9 has been neglected. She agrees that it is a situation that is hazardous but without having some sort of identifiction sign, she felt it would become more hazardous. Commissioner Pease felt that the real problem is County Road 9 and perhaps the people in that area should put pressure on the County to upgrade the road. Commissoner McMullen suggested moving the sign to the southern portion of the property. Mr. Newman noted that he considered that but felt that it would block the visibility of people coming south on County Road 9. MOTION by Apel, seconded by Peek that the Andover Planning and Zoning Commission recommend to the City Council approval of the Special Use Permit requested by Nedegaard Construction Company for the 2 real estate signs as indicated. The Commission finds the request meets the criteria established in Ordinance No.8, Section 5.03, including 1) the use will not be detrimental to the health, safety, morals or general welfare of the community; 2) the use will not depreciate surrounding property; 3) the use is in harmony with the Comprehensive Plan. A discussion was held on whether it significantly impacts the safety and if it would add to the congestion. The concensus was that it was a wash. The Commisson also finds that the request meets the criteria established in Ordinance 8, Section 8.07. The Commission also makes the following conditions in accordance with Ordinance 8, Sections 5.03 and 8.07: 1. The area for development is larger than five acres; 2. Sign area is not over 200 square feet in area; 3. The signs are located at least 130' from any residential structure; 4. An agreement is made to remove the signs within two years unless an extension of time is granted by the governing body; 5. The signs shall be located 10' from any property line. A petition containing 19 signatures was presented citing their opposition to the sign at 14325 Round Lake Boulevard for what they believe to be a traffic hazard. Motion carried on a 5 Yes (Pease, Jonak, Peek, Dehn, Apel), 2 No (Jovanovich, McMullen) vote. o u o Planning & Zoning Commission Meeting July 28, 1992 - Minutes Page 4 Public Hearing - Special Use Permit - Area I.D. Signs - Meadows of Round Lake Mr. Carlberg explained that the request is for two permanent monument signs to be constructed at the entrances of the Meadows of Round Lake. One sign will be at Lot 1, Block 1 and the other at Lot 39, Block 5. The current ordinance allows only one sign per development. If the amendments to Ordinance 8 and 10 are approved, they would be able to negotiate for the additional sign. Commissioner Apel noted that this request is identical to the request of Continental Development that was heard at the last meeting. o Chairperson Dehn questioned whether Nedegaard would request an additional sign if the entrance off County 116 becomes a reality. Mr. Carlberg stated they would have to apply for an Amended Special Use Permit. Commissioner Peek asked if the applicant wishes for the request to be for two signs. Mr Newman stated yes as they would not want to have this item tabled. They would like to have everything ready for the Parade of Homes which starts on September 12. Chairperson Dehn opened the public hearing. Mr. Newman explained that the signs are currently being designed by a graphic designer. The signs will be sandblasted which tends to be maintenance free. There will also be landscaping involved. They will be creating a homeowner's association in the plat and that association will have the right to maintain the signs. If the entrance on County 116 is approved they will want a sign at that entrance also. Tom Minnihan - 3740 - 143rd Avenue N.W. stated that he doesn't want this sign to be in his neighborhood. MOTION by Pease, seconded by Jovanovich to close the public hearing. Motion carried unanimously. o MOTION by Apel, seconded by McMullen that the Andover Planning and Zoning Commmission recommend to the City Council approval of the Special Use Permit requested by Nedegaard Construction Company, Inc. to erect one (1) area identification sign (permanent monument sign) in the Meadows of Round Lake. The Commission finds the request meets the criteria established in ~ 1. 2. 3. 4. 5. ~J 6 . 7. ~~ f' I..] u Planning & Zoning Commission Meeting July 28, 1992 - Minutes Page 5 (SUP-Nedegaard, Cont.) 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 congestion or hazards; the use will not depreciate surrounding property; and the use is in harmony with the Comprehensive Plan. The Commission also finds that the request meets the criteria established in Ordinance 8, Section 8.07. The Commission also makes the following conditions in accordance with Sections 8.07 and 5.03: The area for development is larger than 5 acres; There shall be only 1 sign per development; The maximum square footage of the sign is 32 square feet in area; The sign is located ten feet from any property line; The Special use Permit shall be subject to annual review by staff; The applicant shall execute a written agreement with the City for the maintenance of the sign. That in the event the Council approves the changes in Ordinance 8 and Ordinance 10, that the developer should meet with the Andover Review Committee to determine any other signage and the Review Committee will make a recommendation to be forwarded to the City Council. 8. There was one comment from a neighbor who wanted to make sure the sign was appropriate. Motion carried unanimously. MOTION by Apel, seconded by Pease to change approval of Andover Review Committee in the motion from July 14, 1992 to recommendation of the Andover Review Committee to be forwarded to the City Council. Motion carried. Public Hearing - Area Identification Sign - Weybridge Mr. Carlberg explained that this is a request for a Special Use Permit for a permanent monument sign to be located at the entrance of the Weybridge plat. The sign will be located at 14458 Xeon Street. Commissioner Jonak asked how many acres this request is for. ~ Windschitl stated that it is for 148 lots. Mr. Jonak wanted to make sure that it is for the entire plat and not just one phase of the plat. Chairperson Dehn opened the public hearing. No one appeared to give testimony. o u ~ ~ ,~ Planning and Zoning Commission Meeting July 28, 1992 - Minutes Page 6 (SUP-Weybridge, Cont.) MOTION by Apel, seconded by Pease to close the public hearing. Motion carried unanimously. MOTION by Peek, seconded by Pease that the Andover Planning and Zoning Commmission recommend to the City Council approval of the Special Use Permit requested by Ashford Development Corporation to erect an area identification sign on Lot 1, Block 1, Weybridge. 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 congestion or hazards; the use will not depreciate surrounding property; and the use is in harmony with the Comprehensive Plan. The Commission also finds that the request meets the criteria /j established in Ordinance 8, Section 8.07. The Commission shall ,~ also make the following conditions in accordance with Sections 8.07 and 5.03: 1. The area for development is larger than five acres; 2. There shall be only one sign per development; 3. The maximum square footage of the sign is 32 square feet in area; 4. The sign is located ten feet from any property line; 5. The Special Use Permit shall be subject to annual review by staff; 6. The applicant shall execute a written agreement with the city for the maintenance of the sign; 7. A public hearing was held and no comments were received. Motion carried unanimously. Variance - Deck Encroaching Into Sideyard Setback - 1332 137th Lane - Susan Ham ~ Mr. Carlberg explained that this request is to allow for the construction and placement of a deck encroaching into the required 10 foot sideyard setback from an interior lot line on the property located at 1332 - 137th Lane N.W. He noted that the applicant purchased a model home believing they could construct a deck as a sliding glass door exists six and one-half feet above ground level where the deck is to be located. He stated that this is a case of a house being too big for the lot. Chairperson Dehn asked if there is a fence or a hedge on that side of the house on the property line. Susan Ham stated that there is nothing between the two houses. " \ l ' ......_,1 I' , I 1 \.J , \ V Planning and zoning Commission Meeting July 28, 1992 - Minutes Page 7 (Variance - S. Ham, Cont.) Commissioner Peek noted that about a year ago the Planning Commission looked at a similar request on Crosstown Boulevard. He believes the issue is access encroachment, not a deck encroachment. He didn't think this is considered a hardship. MOTION by Jovanovich, seconded by McMullen that the Andover Planning and zoning Commission recommend to the City Council approval of a variance requested by Susan Ham to allow for the construction and placement of a deck encroaching into the required sideyard setback from an interior lot line on the property located at 1332 - l37th Lane N.W., legally described as Lot 4, Block 2, Hills of Bunker Lake. The Planning Commission finds that the proposal meets the conditions established in Ordinance No.8, Section 5.04, citing practical difficulties as a hardship. " ) '-J Motion carried on a 5 yes (Jovanovich, Apel, Dehn, Pease, McMullen), 2 No (Jonak, Peek) vote. Other Business Mr. Carlberg noted that Harefield Farms is exceeding the conditions of their Special Use Permit. Staff has not been able to get Mr. Stuart to comply with any provisions of the ordinance. Mr. Carlberg was instructed to send a letter to Mr. Stuart that he has to clean up his operation or revocation of the Special Use Permit will occur. Mr. Carlberg also noted that a General Business district does not allow live entertainment and wondered how a Special Use Permit was issued for a bar with entertainment was issued for the Commercial park. The only district that allows live entertainment with liquor is a Shopping Center. Chairperson Dehn declared the meeting adjourned. Meeting adjourned at 9:44 p.m. Respectfully submitted, ~J :fL. {~ Vicki Volk Acting Recording Secretary