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Home My WebLink About03/26/02S CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 •(763) 755 -5100 FAX (763) 755 -8923 Andover Planning and Zoning Commission Meeting Agenda March 26, 2002 Andover City Hall 7:00 n.m. 1. Call to Order 2. Approval of Minutes — February 26, 2002 3. Variance (02 -01) to Ordinance 8, the Zoning Ordinance, to reduce the front yard, setbackT6r property located at 2820 135" Avenue NW for Kurt Dallman. 4. PUBLIC HEARING Lot Split (02 -03) for zero lot line split with variances to • the R-4, urban residential standards for property located at 3560 142 " Lane NW for Johnson Custom Homes. 5. PUBLIC HEARING'. Preliminary Plat (02 -01) to create three commercial lots and one outlot from a portion of the Andover Station property located southeast of Bunker Lake Boulevard and Thrush Street NW for United Properties. 6. Andover Marketplace Commercial Site Plan Presentation 7. Other Business 8. Adjournment -- --------------------- CITY of. ANDOVER 1685 CROSSTOWN BOULEVARD N.w, . ANDOVER, MINNESOTA 55304 . (763) 755-.5100 FAX (763) 75&-8923 . March 26, 2002 2. Approval of Minutes Planning CourtIiey Bednarz ReQuest The Planning and Zoning Comtnission is asked to approve the minutes from the February 26, 2002 meeting. e e CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER; MINNESOTA 55304 •(763) 755 -5100 FAX (763) 755 -8923 PLANNING AND ZONING COMMISSIONMEETING - FEBRUARY26, 2002 The Regular Bi- Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Jay Squires on February 26, 2002, 7 :01 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: - Chairperson Jay Squires, Commissioners Tim Kirchoff, Mark Hedin, Douglas Falk, Tony Gamache, and Rex Greenwald. Commissioners absent: Commissioner Dean Daninger. Also present: City Planner, Courtney Bednarz Planning Intern, Jason Angell Utility Supervisor, Brian Kraabel Others APPROVAL OF MINUTES February 12, 2002 'Motion by Kirchoff, seconded by Gamache,, to approve the minutes as presented. Motion carried on a 6 -ayes, 0 -nays, 1 -absent (Daninger) vote. PUBLIC HEARING: LOT SPLIT (02 -01) TO CREATE TWO R URAL RESDIENTML LOTS FOR MATT AND TARA KUKER FOR PROPERTY LOCATED AT 16055 MAKAH STREET NW. City Planner Courtney Bednarz explained that the property owner has still not demonstrated buildability as required for rural lots. The applicant has submitted a letter requesting the City to extend the review period for this item. He mentioned that it appears the applicant is making an attempt to obtain the information needed to pursue this request. Chair Squires suggested the item remain on the table until the.next meeting. Regular Andover Planning and Zoning Commission Meeting Minutes — February 26, 2002 Page 2 PUBLIC HEARING: SPECIAL USE PERMIT (02 -04) FOR A THERAPEUTIC • MASSAGE HOME OCCUPATION FOR RACHEL MONSON ONPROPERTY LOCATED AT 14279 VALE STREET NW. Mr. Bednarz explained that the Planning Commission is being requested to recommend approval of a therapeutic massage home occupation. He stated that Ordinance 110 regulates massage businesses and services within the City of Andover. This ordinance requires a Therapeutic Massage License that must be renewed annually. The applicant must undergo a background check, provide proof of insurance, provide a description of services and meet minimum education requirements. Once open for business, the business must maintain an appointment calendar and continue to follow a number of performance criteria described in Ordinance 110. The Ordinance has been written to allow licenses to be denied or revoked if these criteria aren't met. Mr. Bednarz stated that the applicant has provided a description of services, and documentation to demonstrate her education and proof of insurance. An existing room in the basement of the house will be utilized for the business. This room has been inspected by the Building Department and was found to be in compliance with the Uniform Building and Fire Codes. Commissioner Greenwald questioned if any other special use permits have been issued throughout the City since the ordinance was written. Mr. Bednarz stated that there have • been two other inquiries in the past year. Commissioner Greenwald questioned if those requests were approved. Mr. Bednarz stated that one was approved in 1999. Commissioner Falk questioned if a layout of the house is required to be submitted. Mr. Bednarz stated that the ordinance doesn't require a layout to be submitted, however what is required is an inspection by the Building Department where the requirements have been met. Commissioner Kirchoff questioned if there would be a sign posted on the property. Rachel Monson, 14279 Vale Street, stated that there wouldn't be a sign posted on the property. Motion by Greenwald, seconded by Hedin, to open the public hearing at 7:08 p.m. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Daninger) vote. There was no public input. Motion by Kirchoff, seconded by Gamache, to close the public hearing at 7:09 p.m. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Daninger) vote. C� Regular Andover Planning and Zoning Commission Meeting Minutes —February 26, 2002 Page 3 • Motion by Greenwald, seconded by Hedin, to recommend to the City Council approval of Resolution No. R , approving the Special Use Permit request of Rachel Monson for a Therapeutic Massage Home Occupation for property located at 14279 Vale Street NW. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Daninger) vote. Mr. Bednarz stated that this item would be before the Council at the March 19, 2002 City Council meeting. PUBLIC HEARING: SPECIAL USE PERMIT (02 -01) FOR A WATER TREATMENT FACILITY INA RURAL RESIDENTL4L ZONING DISTRICT FOR THE CITY OFANDO VER ON PROPER TY LOCA TED A T 1813 CROSSTOWN BOULEVARD NW. Mr. Bednarz explained that the Planning Commission is being requested to recommend approval of a Special Use Permit to allow a water treatment facility. Mr. Kraabel presented to the Commission the plans for the Water Treatment Facility scheduled to be lo at 1813 Crosstown Boulevard. He presented a layout of the facility and explained how it would operate. He mentioned that they are looking at putting up wallboards in the main entrance so it can be used for educational purposes. Commissioner Kirchoff questioned how the facility will adapt to any expansion projects in the future. He questioned if the facility will serve the needs of the City in the future. Mr. Kraabel stated that the plan is to place the facility as far to the east on the property as possible to allow for future expansion to the west. Commissioner Kirchoff questioned if the facility would fit the needs of the City currently. Mr. Kraabel stated that it would definitely fit the City's current needs and includes expansion potential within the facility. Commissioner Gamache questioned how long the facility will last when taking into consideration the new growth of the City. Mr. Kraabel stated that it should last between 15 to 20 years before expansion would be needed. Commissioner Hedin questioned how many houses the facility would serve. Mr. Kraabel stated that he is unsure as to the exact number of houses it would serve. He estimated that approximately 6,000 households utilize city water. Mr. Kraabel stated that the City uses approximately 2.3 million gallons per day. Commissioner Greenwald questioned if the facility will be able to handle potential changes to Federal and State regulations. Mr. Kraabel stated that the facility should be able to handle most changes without a problem. is Regular Andover Planning and Zoning Commission Meeting Minutes — February 26, 2002 Page 4 Chair Squires questioned if the exterior of the building would match the Public Works • facility. Mr. Bednarz presented the Commission with colored drawings demonstrating the exterior appearance. He also went on to review the site plan noting that a variance to the rear yard setback requirement of the R -1 zoning district is needed. He added that the findings for the variance include: 1. Allowing space to expand the R -O -W of Crosstown Drive at the front of the site; 2. To allow the structure to line up with the front yard setbacks of the Public Works, Fire Station #3, and City Hall; 3. To locate the facility on the site to allow for future expansion to the west. Commissioner Hedin questioned if there would be much noise generated by the facility. Mr. Kraabel stated that there would be very little noise. Commissioner Gamache questioned if the facility would do anything for the water hardness. Mr. Kraabel stated that the facility isn't set up to change the water hardness. Commissioner Kirchoff questioned if there are any facilities similar to this in the surrounding cities. Mr. Kraabel mentioned that Champlin also has a gravity system, however Andover's would be set up differently. Commissioner Kirchoff mentioned that he thinks it's a great idea to have wallboards in • the entrance for educational purposes. Mr. Kraabel stated that the idea is to educate the public as much as possible. Chair Squires questioned if the site plan allows for bus parking. Mr. Kraabel stated that there is a place to park buses; however there wouldn't be more than one bus at the facility at any one time. Commissioner Hedin stated that he highly encourages trees and bushes along the north and west side of the building. Mr. Bednarz stated that the landscaping would be similar to the City Hall site. Mr. Kraabel mentioned that they hope to keep as many of the big trees as possible. Mr. Bednarz mentioned that the variance is included as part of this approval. Motion by Hedin, seconded by Falk, to open the public hearing at 7:35 p.m. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Daninger) vote. There was no public input. Motion by Hedin, seconded by Greenwald, to close the public hearing at 7:35 p.m. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Daninger) vote. 40 Regular Andover Planning and Zoning Commission Meeting Minutes —February 26, 2002 Page S • Commissioner Falk questioned how accurate the time table is that was included in the packet. Mr. Bednarz stated that they are hoping to stick to the schedule as much as possible. Motion by Falk, to recommend to the City Council approval of Resolution No. R , granting the Special Use Permit request of the City of Andover to construct a Water Treatment Facility on property located at 1813 Crosstown Boulevard NW. Further Discussion Chair Squires questioned if there are public hearing requirements for variances. Mr. Bednarz stated that variances are generally included with public hearings for Special Use Permits and plats. Chair Squires questioned if there was anything mentioned in the public hearing notice regarding a variance. Mr. Bednarz stated that there was no mention of the variance in the notice. Commissioner Greenwald questioned Commissioner Falk if his motion includes the variance. Commissioner Falk stated that his motion is just for the special use permit, • since the variance request would come later. Mr. Bednarz stated that the variance is included in the resolution along with the special use permit. Chair Squires stated that he doesn't have a problem with the variance, however suggested the City Attorney be contacted to determine whether or not it was handled properly. Mr. Bednarz stated that he would check with the attorney. Commissioner Hedin suggested the motion be subject to approval by the City Attorney. Commissioner Falk stated that he withdraws his motion, since he feels the residents need to know about the variance request. Chair Squires stated that the other option is to move it forward to the Council with the approval conditioned that everything was handled appropriately. Commissioner Falk questioned if a letter could be sent out to the residents. Chair Squires stated that this is something that should be worked out at the staff level. Commissioner Greenwald left the meeting at 7:45 p.m. • Regular Andover Planning and Zoning Commission Meeting Minutes —February 26, 2002 Page 6 • Commissioner Falk stated that he would keep his motion to recommend to the City Council approval of the special use permit including the variance, subject to review by the City Attorney to assure that everything was handled properly. Mr. Bednarz stated that he would check with the City Attorney. Commissioner Kirchoff stated that he would second the motion. The motion is as follows: Motion by Falk, seconded by Kirchoff, to recommend to the City Council approval of Resolution No. R., granting the Special Use Permit request of the City of Andover to construct a Water Treatment Facility on property located at 1813 Crosstown Boulevard NW, subject to review by the City Attorney that appropriate procedures were conducted regarding the variance request. Chair Squires stated that he doesn't feel it's fair unless a variance is referenced, even if the City Attorney determines that everything was done appropriately. Commissioner Falk questioned if Ordinance No. 8 should be reviewed and possibly modified. Mr. Bednarz stated that it will be reviewed sometime this year. Motion carried on a 5 -ayes, 0 -nays, 2- absent (Daninger and Greenwald) vote. • Mr. Bednarz stated that this item would be before the Council at the March 19, 2002 City Council meeting. OTHER BUSINESS Mr. Bednarz stated that the Commission is being requested to schedule a joint meeting with the City Council to discuss a number of issues. He stated that four dates have been suggested as possibilities. The Commission agreed on March 21 as the date for the joint meeting. Mi. Bednarz mentioned that the new Community Development Director is now on board with the City of Andover. Chair Squires questioned if there are site plans available for review by the Commission regarding the Andover Station development. Mr. Bednarz stated that there should be a full submittal for the west end of the park in the near future. ADJOURNMENT Motion by Hedin, seconded by Kirchoff, to adjourn the meeting at 7:56 p.m. Motion carried on a 5 -ayes, 0 -nays, 2- absent (Daninger and Greenwald) vote. 40 Regular Andover Planning and Zoning Commission Meeting Minutes —February 26, 2002 Page 7 • Respectfully Submitted, Sara Beck, Recording Secretary Timesaver Off Site Secretarial, Inc. • • 3 r CITY OF ANDOVER 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CLANDOVER.MN.US TO: Planning and Zoning Commissioners FROM: Courtney Bednarz, City Planno SUBJECT: Variance (02 -01) to Ordinance 8, the Zoning Ordinance, to reduce the front yard setback for property located at 2820 135 Avenue NW for Kurt Dallman. DATE: March 26, 2002 INTRODUCTION The applicant is planning to construct an addition to the existing structure on the subject property. The existing house was constructed in 1984 and is located between 31 and 32 feet from the front property line. • At the time the structure was constructed, Ordinance 8 required a front yard setback of 30 feet. Since that time the ordinance has been amended to increase the required front yard setback for this zoning district to 35 feet. As a result of this action, the structure became legal - nonconforming. The Uniform Building code does not allow building permits to be issued to expand nonconforming structures. A variance to reduce the front yard setback requirement is needed to allow the structure to be considered conforming and to allow a building permit to be issued for the addition. DISCUSSION The proposed addition is indicated on the attached survey. The addition would be located on the east side of the existing structure. The addition is designed to angle toward the southeast to increase the front yard setback for the addition and to add architectural interest. The addition would have a front yard setback of 31.39 feet at the west end and approximately 46 feet at the east end. Applicable Ordinances Ordinance 8 Section 5.04 prescribes the process for reviewing variance requests. This section requires applicants to demonstrate findings to substantiate variance requests. State Statute provides review criteria that are used to determine the merit of variance cases. In all cases the applicant must demonstrate undue hardship. The considerations for undue hardship include: • 1. There are circumstances unique to the property that were not created by the landowner. Unique conditions may include the physical characteristics, including topography or water conditions that may exist on the property. 2. The property, if the variance is granted, will not be out of character with other properties in the same neighborhood. 3. The applicant has exhausted all reasonable possibilities for using his/her property or combining a substandard lot due to size, shape or lot line dimensions, with an adjacent vacant lot. 4. Economic considerations may not constitute an undue hardship if reasonable use of the property exists with application of the minimum standards of this chapter. Findings for this Request The special circumstance for the subject property is the fact that the structure was built in compliance with established setbacks at the time of construction. An amendment to the Zoning Ordinance later increased the front yard setback and caused the nonconformity. • Neither the existing structure nor the addition will be out of character with the existing neighborhood. As the attached aerial photograph indicates, all of the structures along 135` Avenue in this neighborhood are located at approximately the same distance from the street. The applicant has explored all other feasible options to locate the addition on the property. There is not sufficient space for the addition to be located on the west side of the building. Locating the structure in front of the building would require a more substantial variance. The existing deck and a large Anoka County drainage and utility easement prevent the addition from being constructed behind the existing structure. It is important to note that the variance is needed primarily for the existing structure. Only the portion of the addition that is attached to the existing structure will be within the 35 foot front yard setback. Staff Recommendation The request meets the criteria for granting a variance. It is recommended that the variance be granted to allow the Dallmans to move forward with the addition. Is Attachments Proposed Resolution Location Map Survey showing proposed addition . Aerial photograph of neighborhood Mailing list ACTION REQUIRED Recommend approval or denial of the variance request. Respect I submit�ed, �ourtn Cc: Kurt Dallman, 2820 135` Avenue NW • • CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R A RESOLUTION APPROVING THE VARIANCE REQUEST FOR KURT DALLMAN TO REDUCE THE FRONT YARD SETBACK TO 30 FEET ON PROPERTY LOCATED AT 2820 135 AVENUE NW. WHEREAS, Kurt Dallman has petitioned to vary from the 35 foot front yard setback requirment of Ordinance 8, Section 6.02 for property located at 2820 135 Avenue NW legally described as follows: WHEREAS, the City Council finds that the special circumstance for the subject property is the fact that the structure was built in compliance with established setbacks at the time of construction. An amendment to the Zoning Ordinance later increased the front yard setback and caused the nonconformity, and; WHEREAS, reducing the front yard setback to 30 feet is not contrary to the intent of the ordinance because all of the structures along 135 Avenue in this neighborhood are located at • approximately the same distance from the street, and; WHEREAS, the applicant has explored all other feasible options to locate the addition on the property, and; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover approves the proposed variance request to allow: 1. A front yard setback of thirty (30) feet Subject to the following conditions: 1. Subject to building and fire department review and issuance of a building permit. Adopted by the City Council of the City of Andover on this th day of , 2002. CITY OF ANDOVER ATTEST: 0 Michael R. Gamache, Mayor Victoria Volk, City Clerk Kurt Dallman Variance to Front Yard Setback 2820 135th Avenue NW � gstr -� c�ro City of Coon Rapids Project Location Map City of Andover Planning Department S00 °00'21 "E 230.00 O w ,\ Q x \ co a N 00 w • O e J D7 Existing wood fence — m ° 3 _ 24.0 co J :E � 10 O ° — ca m c 00 y w x � m 2.0 ip N rn A J N ° rn c if 4.0 T. c 00 1 X OS� J N 22 0 31.39 cn OD cc \ \ O N N) 0 � OA , o CD I CI x ° �, S� 3 6. 7 °gyp F NO) �Sl 41 o �� 00 �9e s S6 S X \ �^ o N CO 00 (D °O j 3 L4 (D a ^ o — rn � � N 1 0 rt a ) 10 0 co m —__j it J X co 230.00 cn N00 °06'23 "E m rn J O X co c J 0 v' 0 rn O I O O Z 00 rt cc O � �(D CA` IV I Crooked Lake E31vd -- - - x - - - m m Ln m A 0 0 M co m 0 W � U W' o l P N I 0— a n a o o < � a z OZ 00 � x � °:r fi(D —0 ° O� 00 Ln Ln 'SIAN 14� 17A 1 4 T7 I nv r F- q oil N i it wm- opt 4*e ff pj 15 7 it WWI S; V24 m. w t' ';�� RO t' ';�� DZIUBAN ARNOLD R 13306 GLADIOLA ST NW ,OVER, MN 55304 PATCHEN WAYNE L & DIANE E 13423 CROOKED LAKE BLVD NW ANDOVER, MN 55304 SWENSON JEFFREY & CATHERINE 13453 CROOKED LAKE BLVD NW ANDOVER, MN 55304 MILLER ELDON A & CECELIA M 2732 134TH IN ANDOVER, MN 55304 WANIGER SCOTT T & JEAN A 2740 134TH IN NW ANDOVER, MN 55304 • GAMACHE MICHAEL R 2815 134TH AVE NW ANDOVER, MN 55304 LENTNER JAMES R & JACQUELYN 2823 135TH AVE NW ANDOVER, MN 55304 DAVIS MARVIN R & LINDA K 2829 134TH AVE NW ANDOVER, MN 55304 BAUMHAUER GREG A & GRETCHEN 2835 135TH AVE NW ANDOVER, MN 55304 *G THAO M GAO NOU & YEE 2844 135TH AVE NW ANDOVER, MN 55304 OTTENSTROER MABEL L 13409 CROOKED LAKE BLVD NW ANDOVER, MN 55304 JOHNSON ALOYSIUS K & PEARSON S 13430 CROOKED LAKE BLVD NW ANDOVER, MN 55304 JUNKER JAMES J 13503 CROOKED LAKE BLVD NW ANDOVER, MN 55304 CAPMAN TONY L & OCHOCKI KM 2735 134TH LN NW ANDOVER, MN 55304 PENMAN KIMBERLY J 2747 134TH LN NW ANDOVER, MN 55304 LOE JAMES P & BRENDA K 2816 135TH CIR NW ANDOVER, MN 55304 KINNEY MARK A & JENNIFER M 2825 135TH CIR NW ANDOVER, MN 55304 ZOPFI BRETT R 2833 135TH CIR NW ANDOVER, MN 55304 JOHNSON MARK D & CAROL D 2836 135TH AVE NW ANDOVER, MN 55304 HEGSTROM SANDRA LEE 2847 135TH AVE NW ANDOVER, MN 55304 DOMIANO JOSEPH & LAINE BONNIE 13418 CROOKED LAKE BLVD NW ANDOVER, MN 55304 BAUCOM JOHN D JR. & B J 13443 CROOKED LAKE BLVD NW ANDOVER, MN 55304 HAWKINSON KEITH G & SANDRA 13523 GLADIOLA ST NW ANDOVER, MN 55304 BROUER VIRGIL L & HAZEL 2737 134TH AVE NW ANDOVER, MN 55304 HARMON GLENN A & CONNIE L 2811135TH AVE NW ANDOVER, MN 55304 DALLMANN KURT E & LARAE M 2820 135TH AVE NW ANDOVER, MN 55304 WARREN BRUCE A & EVON H 2828 135TH AVE NW ANDOVER, MN 55304 PHILIBERT FREDERICK & T A 2834 135TH CIR NW ANDOVER, MN 55304 LARSON HAROLD J & LINDA L 2839 134TH AVE NW ANDOVER, MN 55304 BOMAN SEAN J & KARIE S 2849 134TH AVE NW ANDOVER, MN 55304 RENSTROM CARRIE M 2 2 135TH AVE NW OVER, MN 55304 • SHEPPARD HENRY F & ELAINE A RR I BOX 159A SANDSTONE, MN 55072 • 7 0 TO: CC: FROM: CITY OF ANDOVER 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US Planning and Zoning Commissioners Will Neumeister, Community Development Director D. Tyler McKay, Associate Planner SUBJECT: Lot Split at 3560 142 " Lane NW DATE: March 26 2002 INTRODUCTION The Planning and Zoning Commission is asked to review the lot split request of Jay Johnson and Joe Hamm to split the property located at 3560 142" Lane NW adjacent to Round Lake Boulevard (PIN 29- 32- 24 -43- 0057). The property contains an existing twinhome. The lot split • will allow the units to be sold individually as owner occupied dwellings. DISCUSSION Zoning District The property is zoned R -4 Single Family Urban Residential. At the time Kadlec Estates 2 "d Addition was approved, this lot was designated as one of two properties within the development where a twinhoue could be located. Applicable Ordinances Ordinance 40 regulates the division of lots. Ordinance 8, Section 6.02 establishes the provision for minimum lot width, lot depth and lot area for zoning districts. The minimum requirements in the R -4 districts are as follows: • Lot Width at Front Setback -- 80 Feet • Lot Depth -- 130 Feet • Lot Area per Dwelling -- 11,400 Square feet Lot Split Review Parcel A would be created from the western 13,119 Sq. Ft. of a 19,240 Sq. Ft. Parcel. The • remaining parcel B would be 6,121 Sq. Ft. While Parcel A meets the minimum lot requirement, Parcel B Does not. A variance to the minimum lot area for parcel B is needed to allow the lot split. The lot size of Parcel B is not unusual for owner occupied twin homes in other areas of the City of Andover. Attached you will find examples of a number of properties on 138 Court • which are comparatively below the minimum lot requirement and are also owner occupied twinhomes. This lot is also not large enough for both new lots to meet the minimum requirements. If this lot is not split, the twinhouse will most likely be marketed as rental units. The following findings have been identified for parcel B: 1. The lot is not large enough for both new lots to meet the minimum lot area requirements. 2. Parcel B is similar in size to other twinhome lots in the City of Andover. 3. There was special consideration to allow a twinhome on this lot at the time the plat was approved. 4. It is desirable to maintain the pattern of owner occupied housing in this neighborhood. Commission Options The Planning and Zoning Commission may recommend one of the following options: 1. Recommend approval of the lot split. 2. Recommend denial of the lot split request. • RECOMMENDATION Staff Recommends approval of the lot split with a variance to the minimum lot size for parcel B. Attachments • Resolution for Approval • Location Map • Survey • Site Picture • Public Notice • Dimensions and location of other owner occupied twin homes Res ectfully submitted, D. Tyler Mckay • • CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION APPROVING THE LOT SPLIT REQUEST FOR JAY JOHNSON AND JOE HAMM TO SUBDIVIDE A URBAN RESIDENTIAL LOT INTO TWO URBAN RESIDENTIAL LOTS WITH VARIANCES TO THE MINIMUM LOT SIZE REQUIREMENTS OF THE SINGLE FAMILY URBAN RESIDENTIAL (R -4) ZONING DISTRICT FOR PROPERTY LOCATED AT 3560 142 LANE NW LEGALLY DESCRIBED AS FOLLOWS: Lot 1, Block 2 Kadlec Second Addition, Anoka County, Minnesota WHEREAS, Jay Johnson and Joe Hamm have requested approval of a lot split to subdivide a urban residential property pursuant to Ordinance No. 40, located at 3560 142 °d Lane NW; and WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No. 8 and 40; and • WHEREAS, The Planning and Zoning Commission and City Council find that there are findings to support a variance to the minimum lot area of the Single Family Urban Residential Zoning District (R -4) for parcel B as follows: 1. The lot is not large enough for both new lots to meet the minimum lot area requirements. 2. Parcel B is similar in size to other twinhome lots in the City of Andover. 3. There was special consideration to allow a twinhome on this lot at the time the plat was approved. 4. It is desirable to maintain the pattern of owner occupied housing in this neighborhood. WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect upon the health, safety, morals and general welfare of the City of Andover; and WHEREAS, a public hearing was held pursuant to state statutes; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the lot split as requested. • NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the lot split on said property with the following conditions: 1. The applicant shall provide to the City an executed copy of a party wall agreement between future property owners prior to release of the resolution approving the lot split. Adopted by the City Council of the City of Andover on this day of 1 2002. CITY OF ANDOVER ATTEST: Mike Gamache, Mayor Victoria Volk, City Clerk • • Johnson Custom Homes Zero Lot Line Lot Split • 3560 142nd Lane NW City of Andover Planning Department F 1 UjMoL LUUC3LIVI 1 I V I C2 P g + ° ,god i 1 t �', + ° � ' z i '79 �w i' �5 I A!P., x t aa �i Fi f c !t + ° ,god i 1 t �', + ° � ' z i '79 �w i' �5 I A!P., 0 D --- EC7Gt. F RTLIMINOUS 't N o f ^} f \ � 1. L'!'rytVY '.1� ! T R � i ] AVEME O— - -_ 99 JAS w kA 1+ > 4�. cm PRCCOSED v t, 7 1 i e. Gam'_ -X Ni DmvEWAY i Lai CRIVEIMAY , ry 1 1 'te .M .�.. d U 1 l � mad S.() tn = 3' 9 co NOTICE OF PUBLIC HEARING CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA The Planning and Zoning Commission of the City of Andover will hold a public hearing at 7:00 p.m., or as soon thereafter as can be heard, on Tuesday, March 26th, 2002 at Andover City Hall, 1685 Crosstown Blvd NW, Andover, Minnesota to review a lot split to create a zero lot line for an existing twinhouse for Johnson Custom Homes on property located at 3560 142 Lane NW legally described as follows; Lot 1, Block 2, Kadlec Estates 2 nd Addition All written and verbal comments will be received at that time and location. A copy of the proposed application will be available for review prior to the meeting at City Hall. Please contact Courtney Bednarz, City Planner with any questions at (763) 767 -5147. 7 Courtn "dn rz, Planner Publication Dates: March 15, 2002 March 22, 2002 0 op ADRIANSEN DAVID J & BDA C 3 SILVEROD ST NW ANDOVER, MN 55304 BALABAN IRMA R 14224 SILVEROD ST NW ANDOVER, MN 55304 293224430070 BOLDISCHAR PAUL J & MEREDITH J 14235 UNDERCLIFT CT NW ANDOVER, MN 55304 CONNOLLY MICHAEL A & KATHY L 14240 ROSE ST NW ANDOVER, MN 55304 GALBRETH JEREMY & ASKE CYNTHIA 14215 UNDERCLIFT CT NW ANDOVER, MN 55304 HAGEN BEVERLY H 14234 ROUND LAKE BLVD NW ANDOVER, MN 55304 293224340002 HURSMAN ARLEN JC 14311 ROUND LAKE BLVD NW ANDOVER, MN 55304 #24420020 KEENE ROBERT W & MARGARETE 14269 UNDERCLIFT ST NW ANDOVER, MN 55304 LUND EDWIN H JR. & SHERYL KRAHN 3551 142ND LN NW ANDOVER, MN 55304 MOEN DARLENE E 14234 ROUND LK BLVD ANDOVER 55304 293224340049 DENNY BRUCE W & ARUNA 3502 142ND LN NW ANDOVER, MN 55304 293224430062 GRIFFIS JERRY L & VALENCIA 14225 UNDERCLIFT CT NW ANDOVER, MN 55304 HAMM JOSEPH R & JOHNSON JAY G 12965 39TH AVE N PLYMOUTH, MN 55441 JOERGJASON 14260 ROUND LAKE BLVD NW ANDOVER 55304 293224340048 KNUTSON STEVEN L 14232 SILVEROD ST NW ANDOVER, MN 55304 293224430071 MESENBRING KEITH R & JANET 3503 142ND LN NW ANDOVER, MN 55304 MYERS JESSE R & JASON R 14268 NW ROUND LAKE BLVD ANDOVER, MN 55304 293224310154 FERGUSON RANDALL S & AMY M 14220 ROSE ST NW ANDOVER, MN 55304 GROSSKLAUS KLYE R & MCCAIN D J 14208 SILVEROD ST NW ANDOVER, MN 55304 HENDERSON MICHAEL D & DEBORAH 14259 UNDERCLIFT ST NW ANDOVER, MN 55304 KAMMERER KATHLEEN A & THOMAS G 3518 142ND LN NW ANDOVER, MN 55304 KRAMER CHRISTINA MICHELLE 1601 N INNSBRUCK DR #348 FRIDLEY, MN 55432 MITCHEM TERRENCE J & ORR DIANA 14207 SILVEROD ST NW ANDOVER, MN 55304 NYHAMMER KATHERINE L 14230 ROSE ST NW ANDOVER, MN 55304 293224430077 ODDEN LARRY W & MARY A RANTASHA DAVID M RENNER BARBARA ANN 14210 ROSE ST NW 3510 142ND LN NW 3519 142ND LN NW ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304 293224430075 293224430061 293224430047 a RANDY A & JENNIFER S 3544 142ND LN NW ANDOVER, MN 55304 293224430058 STRAND PAUL M & JUDY L 14215 SILVEROD ST NW ANDOVER, MN 55304 293224430073 TEEPLE REGINA M 14249 UNDERCLIFF ST NW ANDOVER, MN 55304 293224340047 r TRIESCH CURTIS J VOGEL JEFFREY P & 7 ROUND LAKE BLVD TWYLENE J OVER, MN 55304 14236 UNDERCLIFT CT NW 293224430090 ANDOVER, MN 55304 WILLIAMSON FRANK WILSON RONALD W & SUSAN 3527 142ND LN NW E ANDOVER, MN 55304 3530 142ND LN NW 293224430003 ANDOVER, MN 55304 293224341111 ROW • WIEBUSCH HENRY F & KATHY M 14216 SILVEROD ST NW ANDOVER, MN 55304 YANIERO WILLIAM C & AMY H 3511142ND LN NW ANDOVER, MN 55304 � 33.00 33.Do i /40.00 r ro0. DD 85.00 85.00 65 00 65.00 87.07 , I 14 4 I n10 ° OG'5D'E I Im / W h 2 3 lv h W h ti N ,sh ec 140.00 I I �Cb o I 033 v °� "' Bo.04 - e5.00 ss.00 as .00 - 8s.00 - ®� 7(a l m - - 0 - - - - - - - - - /✓0 °06'S0'E J �O L - - - �r M "Y 560.91 A10 0 06 , 50 ,1 145 �• • _ 397,511 , 00 _ � -- - -°� 33. b7 50.52 48.31 ¢6.36 N ir3.28 1'1 ° m f'�a /09.87 d Im /2 MI Q I ��: I I 3 ti°� � �• 33 I°�j, ° °,�9 +71 z y, N 7 /00 l - Q �2J � X 26 I ° 28 CA I m 3B �I ` 33 I °i cr,I � o �1 0 /t 55.28 50.95 4$.72 Qb.l� Ih� 29 NI v Id 37 X 3 f i e �Q2a/°7/ N ° 15¢ E I+ W A10 tin 1 p i Iv1 NO°06'50'E 4\1 73. 00 1 � \� �"'�'oo° /5,. 4��: / /33.86 25n2•I; 330 I oI o /3a.00 �'?� 3O� °7b °33 'os° o a o I I D� D / h Qo i E e \� 2!°.1� h1 1 3 N I d sr. m ly1 mD ��' �e66.90 as a yo / / ,��'ro'� z�a� I No Q6'sDE I I -c /30.00 o I 6 ^� �o _,�% 33 I 35 e� i N v ' 6`2047'28' . � ^ Na °0 r� ' , 5D "E ° cam Q "�_ ` � / `� • n � 3 � ' ° y'� 7 ` 07 4"' d = 46 °z7'27.. tiD 17 N7035'DZ'� IP o Uor l , l _ r 00_00 1 �1Jor�(1 ��'`,� ^0 0 I• Q rgQo3, Z b' (29.00 Nor, {t 75.97' J IM _ _ _ IDD• 00 M z QO :00 _ - 1 /0.107 3 , ` a dSe a 33 t w 14 W /3� o o �� ? l L - - - 22 Zm o Q t\ °p y go9- z /VET¢ k vi ff/ M R • 9 � F , New h • "� Qo /�y d 'zs° 9 On 138 Court, lot 35 has approximately 6,760 Square feet. 43.21 ` - vy ?;S 2,3•. o ( Lot 36 and 37 each have 7,020 square feet { 39.70 2� I `' %, �3 and lot 38 has 6,890 Square feet. h o 0 'z5� r1- °soc°,9s`%ya F o 0 6- .p m o�7 6.m a N Q Q b1 Nti,l_ o. S t} 6 a � i 43.21 45.40 (08. t " /09. 59 - 45.05 E45� /.>7ee °f Gf/e5� 330ee� im Ito] ;su CITY OF ANDOVER 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US Planning and Zoning Commissioners Will Neumeister, Community Development Director 1llik ' SUBJECT: Preliminary Plat (02 -01) of "Andover Marketplace" to create three commercial lots from a portion of Andover Station property at the southeast comer of Thrush Street and Bunker Lake Boulevard for United Properties. DATE: March 26, 2002 INTRODUCTION The applicant has requested a subdivision of property that is part of the Andover Station redevelopment project. The three commercial lots comprise approximately 20 acres of land area that the Andover Economic Development Authority (EDA) is planning to sell to United Properties for a new grocery store and retail shopping center. The Outlot is to remain under the EDA's ownership until United Properties exercises an option that is anticipated to be approximately one year from now. DISCUSSION The development agreement establishing the terms of the sale between the EDA and United Properties indicates that an association will be established for the parcels being created. Various elements for which the association will be responsible, including common areas around the pond area and landscaping along the streets that abut the subject property, are covered in the association documents. As a part of this preliminary plat review, stipulations will be made regarding the preliminary plat that must be adjusted on the plat drawing before a final plat approval will be brought before the Council. The approval of this preliminary plat also includes a private street (Quinn Street) that will become the responsibility of the developer to construct and maintain. This is also being stipulated in the conditions for the preliminary plat as well as included in the development agreement with the EDA. Access to Quinn Street will be controlled by the City and will be done with a transportation easement. Provisions are being made to require future construction of a sidewalk along the eastside of Quinn Street. The development agreement indicates that the City will hold a developers escrow for this construction, and in the event an option to buy Lot 3 is not exercised by United Properties, the sidewalk will be constructed by the City upon development of the option property using United Properties escrow. • Ensineerina Concerns Page 2 Technical comments were made by the City Engineer regarding the need for various plat notations, easements, trail locations, wetland delineations, 100 year flood elevations, review by Anoka County Highway Department, access control along Bunker Lake Boulevard, etc. These concerns have either been reflected by changes being made on the drawing, or if they have not, they shall be made conditions of the preliminary plat approval (please refer to "draft" resolution) where these conditions are listed. The City Engineering staff have not found significant changes that must be made therefore they are recommending approval with the conditions that are listed in the "draft" resolution. Ordinance 10 Requirements Platting of property in the City of Andover is controlled by Ordinance 10. During the staff review of the preliminary plat, the Ordinance 10 checklist was used to establish that all required elements were shown on the plat. The noteworthy items that were in need of comment and/or correction included the following: • Grades on all slope areas (including berms) shall not exceed 4 to 1 on the grading plans. • • Grading of the property shall not commence prior to obtaining Coon Creek Watershed District approval of the grading plan as well as approval by the Andover Review Committee of the site plans, grading/drainage /erosion control plan and landscape /lighting plan. • No direct access shall be allowed to Bunker Lake Boulevard. • Park dedication fees shall be required to be paid on the land being platted, based on the rate in effect at the time of final plat approval. • Developer shall post a cash escrow for the construction of the sidewalk along the east side of Quinn Street. Specific details regarding these items along with the engineering concerns will be included in the "draft" resolution as conditions that must be completed or adhered to by the developer. ACTION REQUESTED Recommend approval of the preliminary plat, subject to the conditions of the "draft" resolution. Respectfully submitted, • Will Neumeister • "DRAFT RESOLUTION" Page 3 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO A RESOLUTION APPROVING THE PRELIMINARY PLAT OF "ANDOVER MARKETPLACE" BY UNITED PROPERTIES LOCATED IN SECTION 34, TOWNSHIP 32, RANGE 24, ANOKA COUNTY, MINNESOTA, LEGALLY DESCRIBED ON EXHIBIT A. WHEREAS, the Andover Review Committee has reviewed the preliminary plat; and WHEREAS, pursuant to published and mailed notice thereof, the Planning and Zoning Commission has conducted a public hearing on said plat; and WHEREAS, as a result of such public hearing, the Planning and Zoning Commission recommends to - the - City Council the approval of the plat. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby • agrees with the recommendation of the Planning and Zoning Commission and approves the preliminary plat for three commercial lots, for "Andover Marketplace ", subject to the following conditions: 1.0 DRAWINGS 1.01 Per plat drawing dated 3- 01 -02, stamped as "Received 3 -22 -02 by the City of Andover ". 2.0 BONDS, ESCROWS AND DIRECT PAYMENTS 2.01 Furnishing of a subdivider's performance bond or an irrevocable letter of credit shall not be required based on the required improvements stipulated in the development agreement with the Andover EDA, shall be installed by the developer and shall be sufficient surety that the developer shall construct or install the following: a. Installation of grading, gravel, and base for private streets. b. Paving of private streets. c. Installation of concrete curb and gutter and raised medians. d. Construction of hard surface driveways. e. Concrete sidewalks and bituminous trails. f. Construction of street lights. • g. Installation of water system to serve Lots 1 -3, Block 1. h. Installation of sanitary sewer system to serve Lots 1 -3, Block 1.. i. Installation of storm sewer system to serve Lots 1 -3, Block 1. • "DRAFT RESOLUTION" Page 4 j. Installation of street and traffic control signs /signals. k. Placement of black dirt and sod in all boulevard areas; said sodding must be completed within thirty days of completion of street improvements. 1. Shaping and sodding of drainage ways in accordance with the grading /drainage /erosion control plan approved by the City Engineer. m. Adjustment and repair of new and existing utilities. n. Installation of landscaping and irrigation on the site and in all boulevards and medians adjacent to the site identified in the agreement with the EDA o. Construction of street modifications on Commercial Boulevard as identified by the City Engineer. These requirements are shall be installed in conformance with City approved plans and specifications at the sole expense of the subdivider in conformance with Ordinance 10 of the Andover City Ordinances. 2.02 A Subdivider's Escrow in the amount of $ to cover installation of sidewalk, additional landscaping and the turn lane along the east side of Quinn Street shall be posted with the City's Finance Director. This escrow shall be equal to 1 '/z times the estimated cost of the improvements. • 4.2 Payment of a park dedication fee based on the rate in effect at the time of final plat approval. 3.0 REQUIRED DOCUMENTS 3.01 Approval of Title of the property by the City Attorney. 4.2 Review and approval of association and covenant documents for Andover Station by the City Attorney prior to Final Plat approval. 4.3 The developer will be required to petition for public utilities and will be responsible for all utility fees associated with lots created by this plat. 4.4 Signing of the Development Contract establishing performance, and if applicable, requiring that the date of completion of utilities and streets be set at a date not later than the first anticipated date of issuance of the first Certificate of Occupancy. If such certificate is anticipated to be issued during the winter months, construction must be completed by 0 "DRAFT RESOLUTION" Page 5 November 30th. In no event shall the term of contract exceed one year. A construction schedule approved by the City Engineer must be provided prior to recording of the plat. 4.5 All utility plans, grading /drainage /erosion control plans must be approved by the City Engineer prior to receiving a building permit. 4.6 A computation sheet showing the correct square footage for each lot area must be submitted to the City prior to recording of the final plat. 4.7 The developer obtains all necessary permits from the Coon Creek Watershed District, DNR, Corps of Engineers, LGU, MPCA or any other agency that may be interested in the site. 4.8 Plat approval is contingent upon a development agreement between the Andover Economic Development Authority and United Properties that is acceptable to the City Attorney. 4.0 GENERAL — CONDITIONS 4.01 A certificate signed by a licensed engineer must be provided that states that all final lot • and building grades are in conformance to grading/drainage /erosion control plan approved by the City Engineer prior to the issuance of the Certificate of Occupancy. If improvements listed in item 2.01 of this resolution are not completed prior to issuance of the Certificate of Occupancy, an escrow shall be required to be posted by the Developer to cover 1 '/z times the estimated costs of completion of those items. 4.2 At the time of final plat, a table showing lot areas for each lot must be provided to the City. 4.3 The lowest floor of property adjacent to flood prone areas shall be at least one foot above the designed or designated 100 year flood elevation or three feet above the highest anticipated watertable elevation. 4.4 No burying of construction debris shall be permitted on the site. 4.5 During construction, streets must be passable, at all times, free of debris, materials, soils, snow, and other obstructions. 4.6 All building setbacks shall be as shown on the preliminary plat drawings. 4.7 Landscaped medians /islands shall be required to be installed on all streets as shown on the plans and approved by the Director of Community Development. • 4.8 Street lighting will be required to conform to those shown on the plans and that conform to the City standards for roadway lighting in the Andover Station redevelopment area. "DRAFT RESOLUTION" • Page 6 The lighting fixtures must be installed by the developer and considered operational prior to any occupancy permits being issued for any of the structures in the development. 4.9 The trail on the north side of Commercial Boulevard and the east side of Thrush Street will be installed and paid for by the developer. 4.10 All storm sewer and drainage areas are considered private and will be maintained by the property owners association at their expense. 4.11 Grades on all slope areas (including berms) shall not exceed 4 to 1 on the grading plans. 4.12 No direct driveway access except for Quinn Street shall be allowed to Bunker Lake Boulevard. 4.13 The developer shall be required to provide sewer and water services and cross access agreement to Lot 2 due to the fact that it is a land locked parcel without direct access to Bunker Lake Boulevard and would not be considered a buildable parcel without adequate public utilities to service it. 4.14 All applicable City ordinances, not specifically listed herein, shall become conditions of is the plat approval. 4.15 If the petitioner needs additional time to satisfy the requirements listed in this Preliminary Plat in order to get it released for recording, then a one year time extension must be requested. Time extension requests are subject to the conditions found in Ordinance 10. 4.16 The failure on the part of the petitioner to submit a final plat per Ordinance 10 within one year from the date of this approval shall deem the preliminary approval to be null and void. Adopted by the City Council of the City of Andover this day of April, 2002. CITY OF ANDOVER ATTEST: Victoria Volk, City Clerk Michael R. Gamache, Mayor • United Properties Preliminary Plat 0 Project Location Map P N S A \ WYE 5 City of Andover Planning Department I n+ 'I RInnIL 4 AnA^iior C +•n +inn .' It . LU My 9Q. 11N [LS fr ILI r . L 4 < 0 _cr "'� 5" i An 0 351 a u is I .. ........... p lit! . I it i I J. j I itr Afl c LL 0 C) IYU A940WOU -=-M ELM voc9s NW "..;mxv Z .— - — MAN Pole ".I. H3AOGNV AVO L = "L�Z :10 m 10/we 0,KfiVj= .' It . LU My 9Q. 11N [LS fr ILI r . L 4 < 0 _cr "'� 5" i An 0 351 a u is I .. ........... p lit! . I it i I J. j I itr Afl c LL 0 C)