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HomeMy WebLinkAboutMay 9, 1989 o o o ..~ CITY of ANDOVER Regular Planning and zoning Commission Meeting May 9, 1989 - Minutes The regularly scheduled Andover Planning and zoning Commission meeting was called to order by Chairman Rebecca Pease at 7:30 P.M., Tuesday, May 9, 1989 at the Andover City Hall, 1685 Crosstown Boulevard N.W., Andover, MN. Commissioners Present: Jovanovich, Vistad, spotts, Pease, Sabel (arrived at 8:05 P.M.) Ferris, Bernard Jay Blake, City Planner; others Commissioners Absent: Also Present: Approval of Minutes April 25, 1989 Under adjournment on the last page, the motion was made by spotts instead of Jacobson. o MOTION by spotts, seconded by Jovanovich to approve the minutes of April 25, 1989 as corrected. Motion carried on a 3 yes, 1 present (Vistad) vote. Harold Wendt Special Use Permit Public Hearing Jay Blake explained that the Wendts have applied for a Special Use Permit to construct an accessory structure prior to the construction of the principal structure. Ordinance 8 requires this use to have a Special Use Permit. The construction of a pole building on a rural parcel prior to the construction of a principal structure on the land would not have a significant negative impact on the health, safety, morals and general welfare of the area. One concern the Planning Staff has is that unoccupied properties face a higher incidence of vandalism. Mr. Blake also noted that the proposed use would have no significant negative effect on the traffic and parking conditions in the area. The property values and scenic views would not be impacted and the use would have no negative effect on the Comprehensive Plan. The options that the Planning Commission has are: 1) Recommend approval; 2) recommend denial; 3) table the item. The Planning Staff recommends approval of the Special Use Permit. Ms. Pease asked what size the building would be. Mr. Blake stated that it will be 30' x 50'. Commissioner spotts asked if Mr. Wendt planned to subdivide the property. Mr. Wendt said that he bought it for his retirement and that he would sell it off piece by piece. o Chairman Pease opened the public hearing. There was no one in the audience who spoke regarding this item. " " u CJ .~) Regular Planning Commission Meeting May 9, 1989 - Minutes Page 2 (Wendt SUP, Cont.) MOTION by Spotts, seconded by Vistad to close the public hearing. Motion carried unanimously. MOTION by Vistad, seconded by Jovanovich that the Andover Planning and Zoning Commission recommend to the City Council approval of the Special Use Permit as requested by Harold and Irene Wendt, for the construction of an accessory building prior to the construction of the principal structure, per Ordinance 8, Section 4.05, on property described as 'That portion of the Southwest 1/4 of the Southwest 1/4 of Section 10, Township 32, Range 24, Anoka County, Minnesota, except the South 336.28 feet of the North 1002.56 feet of the West 660 feet, subject to easements of record, if any' for the following reasons: 1) the use will not be detrimental to the health, safety or general welfare of the community; 2) the proposed use would have no significant negative effect on the traffic and parking conditions in the area; 3) the proposed use will have no negative effect on the property values and scenic views in the area; 4) The use is in harmony with the Comprehensive Plan and zoning Ordinance. A public hearing was held and there was no opposition. ~) The permit will be subject to the following: 1) the building will meet setback requirements of the R-1 zoning district, including 30 feet from the side lot line, 50 feet from the rear lot line and 40 feet from the front property line; 2) the permit will be reviewed annually to ensure compliance with city ordinances. Motion carried unanimously. This will go to the City Council on June 6, 1989. Special Use Permit, Campbell Companies Jay Blake asked that the Planning Commission review the special use permit request of the Campbell Companies for a permanent monument sign at the junction of Bittersweet Street and Bunker Lake Boulevard in Bent Creek Estates. The permit is required by Ordinance 8, Section 8.07. The sign style would consist of a boulder with permanent weatherproof lettering affixed, with a total area of approximately 10 square feet. Mr. Blake noted that the sign would not have a detrimental effect on the health, safety, moral or general welfare of the community. The location requirements prevent it from becoming a safety hazard. Because of the location of the sign, it would have no negative impact on the traffic or parking. The Planning staff recommends approval of the pe rmi t. . '\ '- ) ! ", ~J u o Regular Planning Commission Meeting May 9, 1989 - Minutes Page 3 (Campbell Companies SUP) At this time, Chairman Pease opened the public hearing. Tom McCabe, 2732 Bunker Lake Boulevard N.W. - stated that he is not opposed to the sign; however, the legal description in the notice that went to the property owners is the legal for his property, which is not part of the plat. MOTION by Vistad, seconded by Jovanovich to close the public hearing. Motion carried unanimously. Mr. Vistad asked if we would be creating a serious problem by having the wrong legal in the notice. Jay Blake explained that we have made the minimum statutory required effort to notify the public and he didn't feel there would be a problem. He received two phone calls but they were about the actual development of Bent Creek Estates and not the sign. Mrs. McCabe noted that their property was originally a part of the plat, but is no longer and that is probably where the legal description came from. Mr. Spotts asked if a corrected notice could be published. Mr. Blake stated that for the Council meeting, we would publish a corrected notice. o MOTION by Vistad, seconded by Jovanovich that the Andover Planning and Zoning Commission recommend to the City Council approval of the special Use Permit as requested by the Campbell Companies for the construction of a permanent monument sign for the Bent Creek Estates development on Lot 1, Block 1, Bent Creek Estates, per Ordinance 8, Section 8.07. A public hearing was held and there was no opposition to the Special Use Permit, but it was brought out that an incorrect legal description was published. Approval is recommended for the following reasons: 1) it will not be detrimental to the health, safety or general welfare of the community; 2) The proposed use will not have a negative impact on the traffic or parking conditions at this intersection; 3) the sign will not have a detrimental effect on values of property in the surrounding area; 4) the proposed use will have no effect on the City's Comprehensive Plan and Development Framework. 8 The following conditions will apply: 1) the sign will meet the required setback requirements including 10 feet from the property line and remaining outside of the sight triangle at the intersection of Bittersweet Street N.W. and Bunker Lake Boulevard; 2) a signed maintenance agreement between the property owner and the developer be on file with the City of Andover prior to installation of the sign; 3) the Special Use Permit will be reviewed annually to ensure compliance with City ordinances; 4) the developer will take out the appropriate sign permit and pay permit fees prior to sign installation. Motion carried. This will go to the City Council on June 6, 1989. o u Regular Planning Commission Meeting May 9, 1989 - Minutes Page 4 \ , ) Raintree Realty Variance Mr. Blake asked the Andover Planning and Zoning Commission to review the request of Raintree Realty for a variance to allow the construction of a single family home situated greater than 45 degrees from the front lot line at 16451 Makah Street N.W. The Building Guidelines Policy manual for home construction in Andover requires that a home face the front of the property. This handbook was adopted by the City Council last year. Ordinance 19 outlines the Minnesota State Uniform Building Code requirements and states that the plans stamped approved by the City's building official may not be changed without approval from that individual. The building plans were changed to face the home towards 7th Avenue or 165th Avenue rather than Makah Street. Mr. Blake felt that since the home plans were altered we should recommend denial; however, he did not think that we should require that they move the house. Rather, he would recommend that the City Attorney be contacted and the builder be prosecuted under the state standards. If the variance is denied, the home will become a non-conforming use. , ) Mr. Vistad asked if this builder had been before the Planning Commission before to ask for a variance because of a mistake. Mr. Blake stated that on a house in the Hills of Bunker Lake he asked for a variance for the side yard setback. He also noted that if allow builders to alter plans, and then grant variances, it's a very dangerous precedent to set. Mr. Vistad asked the representative from Raintree Realty if they were aware that the house had to face the street. The representative replied that he was with Ron Smith to locate the house. The homeowner didn't want her picture window facing the turkey farm and Ron felt that with streets surround the house there would not be a problem. He also noted that they intended to run the driveway off Makah Street. Ms. Pease asked why this wasn't noticed by the building inspector. Mr. Blake noted that the inspector was under the assumption that it was to face Makah. It wasn't until after the house was under construction that they discovered that it was greater than a 45 degree angle. Ms. Pease asked if the buyer is going to be aware that it is a non-conforming structure and they can't add anything without a variance. Mr. Blake stated that this would be kept on file in the building department and that it would be the responsibility of the builder or seller to let the buyer know. Mr. Blake also noted that he spoke to the City Attorney who feels that it is correct that we prosecute under the State Building Code. \ ) / \ " ) Regular Plannin~ ~ommission Meeting May 9, 1989 - M~tes Page 5 (Raintree Realty Variance, Cont.) MOTION by Sabel, seconded by Vistad that the Andover Planning and Zoning Commission recommend to the City Council denial of a variance requested by Raintree Realty to complete construction of a home fronting greater than 45 degrees from the front lot line at 16451 Makah Street N.W. and that we recommend that the City Attorney take action under the State Uniform Building Code. , ') \.....1 The Commission finds that the proposal does not meet the requirements set forth in the City's Zoning Ordinance i8, Section 5.04. The Commission finds that the applicant failed to show a hardship due to the unique shape or topography of the parcel and that the land owner would not be precluded reasonable use of the property. Motion carried unanimously. This will go to the City Council on June 6, 1989. Ordinance 10, Ponding Requirements. Mr. Blake requested this be tabled because the Mayor has some changes he would like to see made. MOTION by Spotts, seconded by Vistad to table Ordinance 10. Motion carried unanimously. Planning Commission Mission Statement , ) Jay Blake noted that he combined the statements that were written by Ms. Sabel and himself. He asked if Ordinance 11, the Planning Commission Ordinance, should be amended to add this or if it should be kept in-house. Mr. Vistad felt it should be kept in-house until the Commissioners are comfortable with it and then later it could be added to the ordinance. " Ms. Pease asked if they were going to come up with any goals or objectives for the Commission. Mr. Blake noted that at the beginning of the year he set goals for the Planning Department but not for the Planning Commission. That could be done at the beginning of next year. No official action was taken on this item. \ ) Comprehensive Plan Request for Proposals Jay Blake noted that he asked the council to approve the process and they decided that they want to interview the consultants. Someone on the Council felt that we should hire a college senior to do this but Mr. Blake didn't think that was a good idea as we don't have any graphic capabilities. There are approximately 30 consultants that Mr. Blake is going to notify. He also noted that the City has the funds to do the Comprehensive Plan. , \ U u , \ ,-_J Regular Planning Commission Meeting May 9, 1989 - Minutes Page 6 Upcoming Agenda Items Jay Blake noted that Bruce Hay has requested sewer and water for his mobile home park. An amendment to the Comprehensive Plan will have to be done in order to accommodate this park. MOTION by Vistad, seconded by Jovanovich to adjourn. Motion carried unanimously. The meeting adjourned at 8:50 p.m. Respectfully submitted, U'd~ Vicki Volk CJ \ , )