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HomeMy WebLinkAboutApril 28, 1987 ~~) ,- '" I '-..J o ( '\ U u CITY of ANDOVER REGULAR PLANNING AND ZONING COMMISSION MEETING-AGENDA APRIL 28, 1987 7:30 P.M. 1. Call to order 2. Approval of Minutes 3. MMHI Variance, Cont. 4. John Fields Lot Split, Cont. ::;. '3'tlrI,bcrq OkctcL rllH'l t>e/~f,,-d 6. Philip Levenhagen Variance 7. Ronald Knott Variance 8. Steve Johnson Variance 9. Ordinance 8 Amendment Public Hearing 10. Adjournment ( '\ U (j ,'- ....." , ) \......J CITY of ANDOVER MEMORANDUM TO: COPIES TO: FROM: DATE: REFERENCE: Planning and Zoning Commission Vicki Volk April 23, 1987 April 28th Agenda Item #3 - MMHI Variance I spoke to Mr. Johnson to see why no one has appeared for this item at the previous meetings. He was not aware that anyone had to be present. He will have someone at the meeting Tuesday so this item can be handled. Item #4 - John Fields Lot Split ~) I have not been able to reach Mr. Fields. If no one comes to the meeting, the Planning Commission should make a recommendation to the City Council either to approve or deny. Item #6 - Philip Levenhagen Variance Mr. Levenhagen would be willing to move the house to the 40 foot setback line and then just have a variance for the rear yard setback. This is a variance pursuant to Ordinance 8, Section 6.02. Item #7 - Ronald Knott Variance The deck that this variance is for is already constructed along with the privacy fence. This is also a variance pursuant to Ordinance 8, Section 6.02, side yard setback. Item #8 - Steve Johnson Variance This variance is also pursuant to Ordinance 8, Section 6.02. <J -, '0 r- (j u CITY of ANDOVER REGULAR PLANNING AND ZONING COMMISSION MEETING-MINUTES APRIl, 28, 1987 The regularly scheduled Andover Planning and Zoning Commission meeting was called to order by Chairman Apel at 7:30 P.M., Tuesday, April 28, 1987 at the Andover City Hall, 1685 Crosstown Boulevard N.W., Andover, tiN. Commissioners Present: Commissioners Absent: Also Present: Bosell, Jovanovich, Jacobson, Rogers, Vistad Pirkl City Building Official, Dave Almgren; Philip Levenhagen; Ronald Knott; Shawn Norton; others ~proval of Minutes - April 14, 1987 Page 4 - under the Lloyd Bearl Variance, it should read Chairman Apel noted that after the City Council makes their r.ecommendation on this, he understands the ..... MOTION by Vistad, seconded by Apel to approve the minutes of April 14, 1987 as amended. Motion carried on a 2 yes, 4 present (Jacobson, Rogers, Jovanovich, Bosell) / '\ vote. \'-~ , '1 'J John Fields Lot Split, Cont. ~10TION by Jacobson, seconded by Rogers that the Andover Planning and Zoning Commission recommend to the City council denial of the lot split requested by John Fields for the property located at 15787 Swallow Street N.W. for the reason that it has been on the agenda for several meetings and no one has come in. Efforts have been made to contact the applicant and have been unsuccessful. Motion carried unanimously. This will go to the City Council on May 19, 1987. Philip Levenhagen Variance Philip Levenhagen, 3413 - l35th Avenue N.W. - plans were drawn before he purchased his lot. for the lot. He would be agreeable to moving front lot line and having a larger back yard. stated that his house The house is too big the house closer to the Commissioner Bosell noted that when this property was platted, this lot was granted a variance because of the lot depth. The minimum for this zoning district is 150 feet and the variance was for 15 feet. She didn't feel that the criteria for a variance is met in this instance and this should be denied. Commissioner Rogers stated that he would go \lith one variance but not two. He also noted that when this was platted, this particular lot was going to be used for drainage. o 'J Regular Planning Commission Meeting April 28, 1987 - Minutes Page 2 j (Levenhagen Variance, Cont.) Dave Almgren, Buildinq Official - noted that the drainage goes to the lot south of this one. Commissioner Jacobson felt that the problem is with the design of the house and not the land. Ms. Bosell suggested making the garage smaller so that the house fits on the lot. MOTION by Bosell, seconded by Jacobson that the Andover Planning and Zoning Commission recommend to the City Council denial of a variance requested by Philip Levenhagen for the property known as Lot 3, Block 3, Ivywood Estates for the following reasons: 1) at the time this particular lot was platted, a variance was granted for lot depth, reducing that by 15 feet. This would give an additional 9 feet of variance on this lot; 2) the request does not meet the criteria as set out in Ordinance 8, Section 5.04. A hardship is created by the property owner and not the characteristics of the land. Motion carried unanimously. This will go to the City Council on May 19, 1987. " Ronald Knott Variance / Ronald Knott, 3479 - 142nd Lane N.W. - stated that he is requesting a variance to construct a deck and fence to the property line. He noted that his neighbor doesn't have any objections to the deck. The problem with this property is that the patio door is 13'4" from the property line which does not enable him to use that door at all. The door is 2 feet up from ground level. Commissioner Vistad felt that if we are allowing garages to be 6 feet from the lot line, we should allow a deck to be within five feet. He stated that he would suggest a change in the ordinance. Dave Almgren noted that there is a 10 foot drainage and utility ease- ment on this property. Commissioner Bosell asked Mr. Knott if he had a building permit for his deck. Mr. Knott stated that he did not. Jim Ellinq, Councilmember - asked the Commission if they would be willing to allow him to construct a mobile deck that could simply be moved. Commissioner Jacobson noted that under Permitted Encroachments, if the deck is not attached to the house he could put it within five feet of the lot line. , Dave Almgren stated that he still could not encroach on the drainage and . / utility easement. Chairman Apel felt that as a city, we should make sure the housing designs don't create problems like this. \..~ Regular Planning Commission Meeting April 28, 1987 - Minutes Page 3 ~~ / (Knott Variance, Cont.) Commissioner Bosell felt that Mr. Knott could use the 3'4" as a landing and put patio blocks on the ground to utilize the patio door. The patio blocks could go all the way to the property line. MOTION by Jacobson, seconded by Rogers that the Andover Planning and Zoning Commission recommend to the City Council denial of a variance requested by Ronald Knott for the property at 3479 - 142nd Lane N.W. for the following reasons: 1) Under Ordinance 8, Section 6.02, a 10 foot setback is required; 2) There is a 10 foot recorded easement on the portion of the property in question which would require a public hearing to vacate; 3) It would be possible to make a step down from the patio door to a patio which would be allowed; 4) No hardship is created due to the shape or characteristics of the land. Motion carried unanimously. This will go to the City Council on May 19, 1987. Steve Johnson Variance MOTION by Jacobson, seconded by Rogers to continue this item to the next meeting as no one was present. Motion carried unanimously. , / Discussion: Dave Almgren felt that the house should be in line with the houses already there. If he builds 50 feet from the road, he would be encroaching on the setback from the lake. He also stated that he would recommend that this variance be approved. MMHI Variance Shawn Norton - stated that their request is to use the MMHI building on l6lst Avenue as a temporary hall for their church to meet in. Dave Almgren stated that the city would have to check out the building. He asked how many people they expect to have. Mr. Norton stated that there would be between 40 and 50 people. Mr. Almgren noted that the Fire Marshal needs to do an inspection on the building. He also felt that there should be a time limit that the building can be used. Mr. Norton stated that they would like to be out of the building as soon as they can. They intend to find some land to build a permanent structure on. Mr. Almgren noted that parking was not considered for this type of occupancy; it was designed for the ~larehouse occupancy. The space is there but it is not blacktopped. / Commissioner Jacobson asked if there is enough parking space for 40-50 people and if the sanitary facilities are adequate. Mr. Almgren noted they may have to do some grading for more parking and that for one day, the sanitary facilities are sufficient. ,/ Regular Planning Commission Meeting April 28, 1987 - Minutes Page 4 ) (MMHI Variance, Cont.) Mr. Norton stated that they would be using the building only for Sunday morning services. Mr. Jacobson questioned whether this could be granted as the building is in an industrial district and churches are only allowed by Special Use Permit in a residential district. Commissioner Bosell asked Mr. Norton if they are an organized assembly. Mr. Norton stated that they are not organized at the present time. Ms. Bosell stated that the are an organized assembly. feel that they even need a definition of a As this church variance. church indicates that they is not organized, she didn't Mr. Jacobson asked if they are controlled by the main body of the church. Mr. Norton noted that they are financed by the main body; however, there are no formal ties to that body. Because they are not organized, they have been unable to obtain a bulk mailing permit. Mr. Jacobson felt that if they are not organized, they are just having a meeting. Chairman Apel asked if he rented the building from Mr. Johnson and 40 or 50 people there once a week to talk about the Department of . / Natural Resources would he be in violation of the ordinance. It was noted that he would not be. Commissioner Rogers asked where the people will park if the church grows faster than they anticipate. Mr. Norton stated that if it grows too fast, they will have to look for a different building; otherwise, they will grade off more of the lot for parking. Lee Midlo - felt that the variance should be granted. MOTION by Rogers, seconded by Jovanovich that the Andover Planning and Zoning Commission recommend to the City Council approval of a variance requested by Walter Johnson, MMHI, to allow the useage of the building located at 3017 - l61st Avenue N.W. for temporary assembly of worshippers on Sunday mornings only for a period of one year from time of approval by the City Council for the following reasons: 1) It will not adversely affect the existing or potential use of adjacent land. Approval is contingent upon the following: 1) No parking will be allowed on l61st Avenue; 2) The building will be inspected by the City Fire Marshal and the City Building Official. Discussion: It was questioned whether there should be a stipulation that the use will cease if the building is sold or if Mr. Johnson dies. Commissioner Bosell didn't feel we should do that as we may not know if the building is sold. I AMENDMENT TO MOTION by Jacobson, seconded by Bosell that the Planning and Zoning Commission recognizes that under Ordinance 8, Section 7.01 such a temporary use is not permitted. It is not a Special Use listed in Ordinance 8, Section 7.03. However, the Commission finds this use is ,~ l \_~ Regular Planning Commission Meeting April 28, 1987 - Minutes Page 5 ) (MMHI Variance, Cont.) not incompatible on a temporary basis in this particular area. Amendment to motion carried unanimously. Motion carried unanimously. This will go to the City Council on May 19,1987. Ordinance 8 Amendment Public Hearing Chairman Ape1 opened the public hearing. Chairman Apel noted that this amendment would allow a drop-in child care center in a shopping center district by Special Use Permit. Lee Midlo - stated that he would like to open such a center in the new Downtown Center. The children would be limited to being there for five hours. The children would be between the ages of 18 months and 12 years. Commissioner Bosel1 stated that this use would be an advantage to the city. " Mr. Jacobson asked what the licensed capacity is. Mr. Midlo stated that there needs to be 35 square feet per child minus bathrooms and fixed facilities. / Mr. Jacobson noted that if this is put under 7.01 rather than 7.03 it would be a permitted use and they would not need to come in for a Special Use Permit. It was the concensus of the Commission that because child care centers are controlled by the State, this should be a permitted use rather than a special use. MOTION by Rogers, seconded by Jacobson to close the public hearing. Motion carried. MOTION by Bosell, seconded by Vistad that the Andover Planning and Zoning Commission recommend to the City Council adoption of an amendment to Ordinance 8 to allow a drop-in child care center in a Shopping Center district. A public hearing was held and there was no opposition. The rationale for this being a permitted use is because they are governed by the State under Rule 3 and their criteria is more stringent than ours. Motion carried unanimously. This will go to the City Council on May 19,1987. MOTION by Jacobson, seconded by Vistad to adjourn. Motion carried. Meeting adjourned at 8:50 P.M. Respectfully submitted, tUkb Vicki Volk - Commission Secretary