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HomeMy WebLinkAboutMarch 2, 1983 o 0 e<<, 0& ANDOVER o SPECIAL PLANNING AND ZONING COMMISSION MEETING MARCH 2, 1983 MINUTES A Special meeting of the Andover Planning and Zoning Commission was called to order by Chairman d'Arcy Bosell at 7:30 P.M, Wednesday, March 2, 1983 at the Andover City Hall, 1685 Crosstown Boulevard N.W., Andover, Minnesota to discuss the updating of Ordinance 8, the Zoning Ordinance of the City of Andover. commissioners Present: Apel, Perry, Rogers, Schreiner, spotts Commissioners Absent: Knutson Also Present: Mayor Windschitl; Councilman Elling; Dave Almgren, Building Inspector; Jim Schrantz, City Engineer; Bill Short; Susan Blachman Bill Short, Barton-Aschman- noted that at a joint meeting of the City Council and Planning Commission, it was decided that lot sizes for single family homes in. the urban district should be 11,400 square feet minimum with a minimum width of 80 feet and a minimum depth of 130 feet. Corner lots will be 90 feet with a 20 foot side yard setback. Mr. Short noted that he has recommended that the front yard setback in the rural area be 30 feet rather than 40 feet because eventually the rural area will become urban. Commissioner Schreiner disagreed with the 30 foot setback in the rural district noting that with a 40 foot setback you will not have on-street parking. Bill Short mentioned that the Building Inspector wants a 40 foot setback so that there is room for a septic system in the event it must be in the front yard. Chairman Bosell noted that in the draft, the rear yard setback in the rural area has been changed from 50 feet to 30 feet. She felt that there may be problems with accessory buildings if that setback is changed. Bill Short felt that on collector and minor arterial roads a 40 foot setback might be better. Dave Almgren, Building Inspector - noted that Northglen has a 30 foot setback and it feels closed in when driving through that area. Mayor windschitl stated that the City wants to have 50 foot setbacks on county roads. Mr. Short asked the Commissioners if the city wants to have 30 foot setbacks or 40 foot setbacks in the rural area. Dave Almgren stated that he would like to see 40 feet in the rural area. Chairman Bosell asked Mr. Almgren if people building new houses in the rural district go strictly with the 40 feet now. Mr. Almgren noted that it varies; some people like to build right at the 40 foot line, where others like to be back as far as possible. ~ Commissioner Apel felt that 40 feet would be reasonable. Chairman Bosell asked Mayor Windschitl why the rear yard setback was set at 50 feet. Mayor Windschitl noted that it was so people didn't build way in the back of their lots. Woodridge Acres has some homes that are built way in the back. Special Planning and zonin~-)OmmiSSion l~rch 2, 1983 - Minutes Page 2 Meeting u \ , ) Councilman Elling felt that the setback in the rear yard was not for houses so much as for accessory buildings. Dave Almgren noted that accessory buildings can be 10 feet from the property line. Bill Short noted that in the other districts he set different requirements for the house and accessory buildings. Mayor Windschitl noted that years ago, you couldn't build a pole building unless the face of it was the same as the house; if the house had brick on it, the pole barn had to have brick. Commissioner Rogers noted that Coon Rapids requires that also. Bill Short asked if the front yard setback in the rural area not on a collector or minor arterial street should be 30 feet or 40 feet. commissioner Apel felt it should be 40 feet; Commissioner Perry felt 30 feet would be sufficient because eventually that area will become developed; Commissioner spotts felt 40 feet would be best; Commissioner Rogers also felt it should be 40 feet; commissioner Schreiner also felt it should be 40 feet. Mayor Windschitl asked what we will do with areas that are platted now. Chairman Bosell noted that right now the ordinance says 40 feet. It was then decided that the rear yard setback in the rural area will be 40 feet for the primary structure and 10 feet for accessory buildings. Mayor Windschitl stated that a super insulated house would be 62 feet long or more. He asked the commission to consider allowing a 10 foot setback on one side and a five foot setback on the other side if the house exceeds 60 feet. Dave Almgren noted that if you build that house and the person next door builds the same house but turns it around, you would end up with a 10 foot setback between the two houses. Mayor Windschitl stated that the five feet would always be on the same side so you would have 15 feet between the houses. Commissioner Rogers noted that he would not be in favor or a 5 and 10 foot setback because the distance is measured from the foundation of the house and not the overhang. Bill Short stated that the ordinance could read that the side yard setback will be 10 feet on one side and 5 feet on the other and in no case would two 5 foot setbacks be adjacent to each other. Mayor Windschitl felt it could be an exception only for larger houses. Commissioner Perry asked why we would allow a person building a 64 foot house to do this and not someone building a 54 foot house. Chairman Bosell noted that she would prefer to leave for a variance if they are building a longer house. for a variance would have to be changed. it at 10 feet and have them come in She further noted that the criteria \ ) Commissioner Rogers noted that he would have no problem with the 5 and 10 foot setbacks if they are measured from the overhang. Commissioner Schreiner felt that 5 and 10 feet would be fine, measured from the foundation; Commissioner spotts felt 5 and 10 feet from the foundation would be fine; Commissioner Perry noted that 5 and 10 feet would be OK measured from the overhang; Commissioner Apel felt 5 and 10 feet from the foundation would r ~ Special Planning and Zoning March 2, 1983 - Minutes Page 3 \ ) Commission Meeting u \ ) suitable; Chairman Bosell felt it should be 10 and 10 from the foundation. Bill Short noted that on the five foot side, which will be the garage side, there will be no two buildings closer than 15 feet. The garage is the only part of the structure that can be 5 feet from the property line. Commissioner Apel noted that the people will have to start building the house on the 10 foot side. Commissioner Schreiner suggested staying at 10' and 10' and allowing variances for houses that are longer than normal. He didn't feel that we would get that many variances. Commissioner Perry stated that the reason we went to smaller lot sizes was to provide affordable housing and most people are not going to be able to build larger houses on those smaller lots. It was the concensus of the Commission that the side yard setbacks would be 10 feet on both sides. Chairman Bosell suggested writing a policy statement that would say if the design of the house is such, the encroachment could be 5 feet from the lot line as long as there is at least 15 feet between houses. City Engineer Schrantz noted that the City of Blaine has in their ordinance a statement that the Building Official can grant variances in cases like this. Bill Short then asked how the city wants to deal with areas in the rural area that are now platted as half acre and one acre lots. He suggested that all existing lots of record could be built on according to the requirements of R-l. Dave Almgren noted that he spoke to the City Attorney regarding this matter and he noted that the Supreme Court ruled that if a lot doesn't meet 60 percent of the requirements it is a buildable lot if there are no health problems or septic problems in that area and if the owner does not own the lots on either side of him. Chairman Bosell asked if we could go to a septic system that doesn't require a drainfield. In Europe they have self-contained systems. They also have this kind of system at Majestic Oaks. Mayor Windschitl felt that an inventory of all of the lots of record should be made and the city should make a determination as to whether or not they are buildable. Bill Short noted that if it can be shown that the site can support two backup septic systems it will be buildable. Recess 9:00 - Reconvene 9:15 The next item discussed was minimum lot sizes in the urban area where there is not sanitary sewer available. Bill Short noted that the lot size could be three times the required minimum lot size (11,400 square feet). Then when someone plats, you could require a future resubdivision plan and make sure that they build on the lot so it can be split later. , ) Chairman Bosell noted that they would have to plat as though the property were sewered and the resubdivision would be unsewered. Dave Almgren asked if we do this, who is going to pay for the streets 10 years later when U Special Planning and Zoning Commission Meeting March 2, 1983 - Minutes Page 4 u ~ -) sewer becomes available and the property is re-platted. Bill Short noted that when the property owners petition for sewer, the streets will go in at the same time and they will pay the costs. He also noted that we could discourage development in areas where sewer is not available. City Engineer Schrantz suggested that we could state that in order to subdivide you have to have sanitary sewer. That is what other cities do. Chairman Bosell asked what the maximum number of lots would be if you platted a 40 acre parcel, taking out the streets, park, etc. Bill Short noted you would be able to get approximately 107 lots. (Commissioner Schreiner left at this time - 9:50 p.m.) City Engineer Schrantz suggested that if someone wants to develop in the urban area but sewer is not available, we could put the trunk in and assess everyone along the way. Commissioner Rogers suggested that we could let the developer put the trunk in and have him pay for the whole thing. Chairman Bosell noted that the city can deal with any properties that are less than 20 acres. There was some question as to whether the area that the city can deal with is 20 acre parcels or five acre parcels with Bill Short suggesting that we ask the attorney if we can change our resolution from five acres to 20 acres. Mayor Windschitl stated that we could end up with one side of the MUSA line requ~r~ng 2: acre lots (Rural district) and the other side requiring 20 acre lots (urban district). He felt we would run into problems with that. He asked what would happen if we allowed someone with a 40 to plat some small lots and declare the rest of the 40 unbuildable until sewer was available. It would be the same idea as a PUD. Chairman Bosell is to ask the City Attorney about the 20 acre situation and also what would happen if we said there is no development allowed in the Urban Service Area unless you have sanitary sewer or unless you plat 20 acre parcels. Commissioner Apel suggested a development line like Brooklyn Park has. Bill Short noted that when 2: acre lots are platted in the rural area, we should make sure that they are going re-subdividable when sewer comes through. Mayor Windschitl didn't feel that was a good idea as we run out of sewer capacity at the City Hall site. Mayor Windschitl asked that the Planning Commission consider combining Ordinances 8 and 10. Bill Short suggested that we have two districts for manufactured homes - one would be for rentals and one for owner occupied dwellings. He noted that there will be a demand for such districts. After some discussion, it was decided to take the proposed R-5 Manufactured Housing District out of the draft ordinance. '1 ~ ) The M-l, Medium Density Residential District, minimum lot size would be 16,000 square feet. was discussed with Mr. Short noting that the He will define buildable acre. ( \ \J u Special Planning and Zoning Commission Meeting March 2, 1983 - Minutes Page 5 \ /) Dave Almgren asked why garages are not required in the M-l district. He felt that this is an area where they should be required. Commissioner Perry felt that one garage and one parking space per unit should be required. It was decided that Commissioner Perry's suggestion regarding garages will be incorporated into the ordinance. The Conditional Uses in the M-l District were then discussed with the concensus being that Philanthropic and charitable institutions, nursing homes, hospitals, business in multiple dwelling structures and clubs, lodges, fraternity and sorority houses be eliminated from the ordinance. The section dealing with sanitary sewer will include the following statement: 'Public Water will be required where available.' Going to the M-2, High Density Residential District, Mr. Short noted that they have left the front yard setback at 40 feet and are recommending the maximum density be 15 units per acre. It was decided that section (Kl, Two or More Multiple Dwelling Structures on One Site be eliminated. In Section (Ll Height Regulation, the height should be 35 feet rather than 45 feet, and it should read 'whichever is less' rather than greater. Dave Almgren asked if we want to require garages in this area also. Commissioner Apel felt we should require one garage and one parking space per unit. The following conditional uses will be eliminated: Hospitals, Business in multiple dwelling structures, multiple family dwellings greater than four stories or 45 feet in height, clubs, lodges, fraternity and sorority houses. Golf courses and churches will be moved from permitted uses to conditional uses. Chairman Bosell reminded the Commissioners that there will be a joint meeting with the City Council on March 29, 1983. March 15, 1983 was scheduled for the Planning Commission as a work session on the ordinance. MOTION by Perry to adjourn. Meeting adjourned at 11: 59 P.M. Respectfully submitted, &~ Vicki Volk Commission Secretary J