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HomeMy WebLinkAboutDecember 22, 1992 o o o ~ CITY of ANDOVER PLANNING AND ZONING COMMISSION MEETING - DECEMBER 22, 1992 MINUTES The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Bonnie Dehn on December 22, 1992, 7:30 p.m. at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Maynard Apel, Steve Jonak, Bev Jovanovich, Marc McMullen, Becky Pease, Randy Peek None City Planner, David Carlberg Others Commissioners absent: Also present: APPROVAL OF MINUTES December 8, 1992: Correct as written. MOTION by Peek, Seconded by Pease, approval of the Minutes as presented. Motion carried unanimously. o PUBLIC HEARING: JOHNSON LOT SPLIT, 1101 161ST AVENUE NW - GARY AND SUSAN 7:31 p.m. Mr. Carlberg reviewed the request of Gary and Susan Johnson to subdivide a 2.5-acre parcel from a large track of land located at 1101 161st Avenue NW. It meets all ordinance requirements, and Staff recommends approval contingent upon the payment of $400 in park dedication fees and the surveying of the lots within one year of City Council approval. He also noted the future planning of the larger tract that was done by the owners to meet ordinance requirements for road frontage, road access, and lots. Chairperson Dehn opened the public hearing. There was no testimony. MOTION by Apel r Seconded by McMullen, to close the public hearing. Motion carried unanimously. MOTION by Apel, Seconded by McMullen, to recommend to the City Council the approval of the lot split of Gary and Susan Johnson to create two parcels per Ordinance No. 40 as presented by the Staff. Motion carried unanimously. This will be on the January 19, 1993, City Council agenda. 7:38 p.m. o PUBLIC HEARING: LOT SPLIT, 16416 VALLEY DRIVE NW - LARRY EMMERICH 7:38 p.m. Mr. Carlberg reviewed the lot split request of Larry Emmerich to subdivide a 7+-acre parcel into two parcels exceeding the minimum lot requirements of Ordinance No.8, Section 6.02 located at 16416 Valley , ) \ '0 '. .I Andover Planning and Zoning Commission Meeting Minutes - December 22, 1992 Page 2 (Public Hearing: Lot Split, 16416 Valley Drive NW, Continued) Drive. Permission will be needed from the Anoka County Highway Department for a driveway access, but Mr. Carlberg did not see a problem with that. Staff recommended approval contingent upon the payment of $400 in park dedication fees and the surveying of the lots within one year of City Council approval. Chairperson Dehn opened the public hearing. There was no testimony. MOTION by Apel, Seconded by Jovanovich, to close the public hearing. Motion carried unanimously. MOTION by Pease, Seconded by Jovanovich, to forward to the City Council with the recommendation of approval as presented in the Resolution for the lot split with two conditions, that being Numbers 1 and 2 at the end of the Resolution. Motion carried unanimously. This will be on the January 19, 1993, City Council agenda. 7:43 p.m. VARIANCE: ORDINANCE NO. 10, SECTION 9. 06a ( 3) , 39,000 SQUARE FOOT REQUIREMENT FOR A BUILDABLE LOT - 17539 FLINTWOOD STREET NW, TWIN STAR " HOMES, INC. J Mr. Carlberg explained the request of Twin Star Homesr Inc., to vary from the 39,000-square-foot requirement to construct a home at 17539 Flintwood Street NW. The request is to vary 3,300 feet from the requirement, as the lot has 35,700 square feet of contiguous land which meets the minimum width and depth. The reason for the variance request is because of the wetland. As long as he has been with the City, there have been no variances granted for this requirement; however, the DNR has since become much more restrictive on the filling of wetland. Soil borings have already been done. Commissioner Apel acknowledged that in the past this was not a problem because the areas were filled to meet the 39,000 square-foot requirement; however, that cannot be done today. He questioned the intent of the 39,000 square feet, asking how much land is really needed to change the septic system twice. In this case, to deny the request would deny the owner the right to build on that lot. If there is no other problem with the lotr he would recommend the variance be granted. Commissioner Peek preferred to table the item to get more information from the Building Department requiring the minimum requirement, possibly a recommendation on the percentage range in which a variance would be allowable. Commissioner Jonak felt the 39,000 square-foot number must also be addressed as to whether it is a realistic number or whether something smaller is acceptable. He did not want to create problems in the future with more variances from this provision. " ) Ralph Pearson, 2201 198th Avenue, Cedar, Twin Star Homes, Inc. - stated the lot is sold, and the owners would like to build. The survey has been done for the property, plus soil borings. Placing the basement o -~ " \._.J \ Andover Planning and Zoning Commission Meeting Minutes - December 22, 1992 Page 3 " / (Variance: Ordinance No. 10, Section 9.06a(3), 39,000-Square-Foot Requirement for a Buildable Lot - 17S39 Flintwood Street, Continued) above the mottled soils is not a problem, plus the foundation will be four feet above the street. The driveway is in place; the utilities are in the street. The problem is the wetland around the area, and the DNR doesn't want the wetland filled. In addition, there are quite a few mature trees on the lot, and they will have to work with the Tree Preservation Policy to avoid filling to save them. They would prefer not to fill the additional 3,300 square feet necessary to meet the 39,000 square foot requirement. He stated the county's criteria for a buildable lot is 11,000 square feet, which is considerably smaller. The Commission discussed the 39,000 square feet, questioning how that number was determined. Is it realistic or would another number be adequate to meet the septic system needs. They felt someone should be able to tell them what is the very minimum requirements for rural septic systems and still meet the health, safety, welfare issues. Chairperson Dehn summarized the Commission's desire to table the item to allow Staff to get more information as to what is really required for rural septic systems. :) MOTION by Apel, Seconded by McMullen, unanimously. This will be back on the agenda of January 12, 1993. to so move. Motion carried Planning and Zoning Commission VARIANCE: DECK ENCROACHING INTO REQUIRED SIDEYARD SETBACK - 14471 BLUEBIRD STREET NW, BUILDERS PLUS, INC. Mr. Carlberg reviewed the request of Builders Plus, Inc., to allow for the future construction of a stairway and deck encroaching into the required 1S-foot sideyard setback from an interior lot line at 14471 Bluebird Street NW. The reason for the variance would be because of the large setback requirement from Andover Boulevard. The house is constructed but not yet occupied. The stairway and deck would encroach within six feet of the side interior property line. The stairway and deck would face a garage which is on the parcel to the south. A variance was granted in a similar situation a short time ago; however, last fall the ordinance was changed to require a 1S-foot sideyard setback if the house plan calls for a future deck facing the sideyard lot line, which should eliminate this problem in the future. This house was constructed prior to the 1S-foot sideyard setback requirement. The developer is trying to resolve the problem prior to selling the house. :~ MOTION by Peek, Seconded by Jovanovich, the Andover Planning and Zoning Commission recommends to the City Council approval of the variance request by Builders Plus, Inc., to construct a 4' x 10' landing and stair encroaching into the required 1S-foot sideyard setback, reducing it to 6 feet; that the hardship demonstrated is one of without the variance the property owner is denied reasonable use of the property; and that this variance is only for the landing and stair and would not apply to any other sideyard encroachment. DISCUSSION: \ f, ) ',-j \ ) Andover Planning and Zoning Commission Meeting Minutes - December 22, 1992 Page 4 (Variance: Deck Encroaching into Sideyard Setback, 14471 Bluebird Street, Continued) Commissioner McMullen stated the reason for the other variances is people bought the houses with the understanding that they could build decks. In this case, the house is not yet sold; and he felt the builder has an obligation to construct the house according to the ordinance requirements. Though he didn't know the layout of the house, his first choice would be to require the builder to move the sliding glass doors to the back of the house so the stairs would not have to be built along the side of the house. Mr. Carlberg stated with the change in the ordinance, this will not be a problem in the future. This was not looked at by the Building Department when this house was built; they are looking at it in plats now. He commended the builder for wanting to resolve the problem rather than leaving it for the new homeowner to deal with. Chairperson Dehn felt the problem can be resolved before the house is sold; Commissioner Peek didn't feel that is reasonable. VOTE ON MOTION: YES-Apel, Jovanovich, Peek; NO-Dehn, Jonak, McMullen, Pease. Motion failed. The item will be placed on the January 19, 1993, City Council agenda. " J There being no other business, Chairperson Dehn declared the meeting adjourned at 8:20 p.m. Respectfully submitted, ~~~L Recording Secretary ./