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HomeMy WebLinkAbout01/28/03CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 Andover Planning and Zoning Commission Meeting Agenda January 28, 2003 Andover City Hall Council Chambers 7.00 p.m. 1. Call to Order 2. Approval of Minutes — January 14, 2003 3. Variance (03 -02) to vary from the building setback from county roadways for existing structure on property located at 3595 143` Avenue NW. 4. PUBLIC HEARING Rezoning (03 -02) to change the Zoning Designation from Single Family Rural Residential (R -1) to Single Family Urban Residential (R -4) for property located at 1021 Crosstown Boulevard NW (withdrawn). 5. Adjournment` CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 TO: Planning and Zoning Commissioners FROM: Courtney.Bednarz, City Planner SUBJECT: Item 2. Approval of Minutes - January 14, 2003 DATE: January 28, 2003 Re uest The Planning and Zoning Commission is asked to approve the minutes from the January 14, 2003 meeting. CITY of ANDOVER PLANNING AND ZONING COMMISSION MEETING — JANUARY 14, 2003 The Regular Bi- Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Daninger on January 14, 2003, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota Commissioners present: Chairperson Daninger, Commissioners Douglas Falk, Tony Gamache; Rex Greenwald (left at 8:00 p.m.), Jonathan Jasper and Dean Vatne. Commissioners absent: Commissioner Tim Kirchoff. Also present: City Planner, Courtney Bednarz Others APPROVAL OFMINUTES. December 10, 2002 Motion by Greenwald, seconded by Falk, to approve the minutes as presented. Motion carried on a 6 -aye, 0 -nays, 1- absent vote. SWEARING IN OF NEW COMMISSION MEMBERS Chairperson Daninger introduced the two new Planning Commission members and each Commissioner read the Oath of Office. VARIANCE (03 -01) TO VARY FROM THE 2.5 ACRE MINIMUM PARCEL AREA REQUIRED TO SHELTER HORSES ON PR OPER TY L OCA TED AT 17303 ROUND LAKE BOULEVARD NW. Mr. Bednarz explained that the Bodes are requesting a variance to the 2.5 -acre requirement for keeping a horse on property within the City of Andover. Mrs. Bode is very allergic to horses, except for the American Curley breed she owns. They have lost the ability to board this horse on a neighboring property and boarding it with other breeds Regular Andover Planning and Zoning Commission Meeting Minutes — January 14, 2003 Page 2 of horses would cause a severe allergic reaction to the owner. The property in question is • 2.178 acres in size. Mr. Bednarz summarized the staff report. Mr. and Mrs. Bode, 17303 Round Lake Boulevard introduced themselves and explained the situation to the Commission. Commissioner Jasper asked if the letters from the neighbors were from all the adjoining neighbors. Mrs. Bode stated they were. Commissioner Falk stated he was going to abstain from discussion because he knew the petitioner. Commissioner Gamache asked if the petitioner was able to purchase some of the neighbors land for additional land. Mr. Bode stated there is a power line, which goes across the property so he is unable to purchase any more land. Commissioner Gamache asked if it could be classified a hardship if they are not able to purchase more land because of an easement. Mr. Bednarz stated it could be considered a hardship. Chairperson Daninger asked if the easement from the power company could be included in the acreage. W. Bednarz stated the land below the easement could be included in the acreage. S Commissioner Vatne asked if the agreement with the neighbors for exercising the horse is adjacent to their property. Mrs. Bode stated it was. Commissioner Gamache stated the nature of the neighborhood and when this was platted, did not have the two and a half acre minimum in the R -L district. He stated he believed they were presenting enough of a hardship to grant a variance. Commissioner Greenwald stated he disagreed with Commissioner Gamache. He stated he would like to see some documentation in regards to a hardship because he could not find any. Commissioner Gamache asked if there is an option to change the Ordinance instead of granting a variance. Mr. Bednarz stated the Planning Commission could recommend to the Council that the ordinance be changed. Commissioner Jasper stated instead of changing the Ordinance, this might be a unique situation because they would have the adjacent ten acres of land to exercise the horse. Commissioner Vatne stated from a hardship standpoint, there is an issue of availability of adjacent property for sale. Discussion ensued regarding the option of changing the Ordinance versus a variance. 0 Regular Andover Planning and Zoning Commission Meeting Minutes — January 14, 2003 Page 3 • Mr. Bode described the location of his land. He also stated that their land is more than adequate for a horse and allows for an exercise area for the horse. He stated he could not buy the land from the neighbor because of restrictions. Commissioner Greenwald stated he has a big problem with giving a variance to someone when it does not involve a condition of the land. Motion by Greenwald, seconded by Vatne, to recommend to the City Council denial of Resolution No. , because no findings could be found for a hardship to grant a variance. Motion carried on a 3 -ayes, 1 abstain (Falk), 2 -nays (Jasper, Gamache), 1- absent vote. Mr. Bednarz stated that this item would be before the Council at the January 21, 2003 City Council meeting. PUBLIC HEARING: COMPREHENSIVE PLANAMENDMENT (02 -05) TO EXPAND THE MUSA BOUNDARY TO INCLUDE THE WOODLAND CREEK GOLF COURSE LOCATED AT 3200 SOUTH COON CREEK DRIVE Mr. Bednarz stated the mailing that was sent out did not include all of the properties within 350 feet, but a legal notice was posted in the newspaper. He stated there were a couple of options the Commission could follow, they could postpone hearing this case until everyone was notified of the public hearing or they could review the proposals and make a recommendation to the City Council. He stated in order for the developer to move ahead with the project this year, the City Council would need to approve this before the January 31 deadline. Commissioner Greenwald stated this was an involved discussion before so he felt uncomfortable making a decision without all of the parties involved having a choice to voice their opinion. Chairperson Daninger asked if it would be an option to extend the deadline on these items. Mr. Bednarz stated the City Council could extend the deadline when they review this and if the City Council needs to send it back for further information and review. Discussion continued in regards to discussing the items and recommending them to the City Council for a Public Hearing and possible extension until February 2003. The Commission reaffirmed that the City posted the Public Hearing in the newspaper and felt this item was worth discussing and if needed would be brought back at a future meeting for more discussion. The Commission also decided to send out a new notice including the minutes of the Planning Commission for the City Council meeting on January 21, 2003. • Regular Andover Planning and Zoning Commission Meeting Minutes — January 14, 2003 Page 4 Motion by Falk, Seconded by Gamache, to continue with the items on the agenda • Motion carried on a 4 ayes, 0 nay, 2 abstain (Jasper, Greenwald), 1 absent (Kirchoff) vote. Mr. Bednarz explained that the applicant is proposing an urban development with municipal utilities. The proposed project area is currently outside the 2020 Metropolitan Urban Service Boundary (MUSA). Mr. Bednarz introduced the applicant. Mr. Ron Vanelli, owner of Woodland Creek Golf Course. He stated they are seeking improvements to the golf course along with eleven units to the development. He made a presentation to the Commission and discussed the additions and improvements to the golf course and clubhouse. He stated the main issue that needed to be addressed was the design adjacent to homes along the golf course. He stated they addressed the issues of site in relation to the adjacent homes. He stated the new homes will improve the value of the neighboring properties. Mr. Bednarz stated the applicant is requesting that the Woodland Creek Golf Course be brought into the MUSA to allow the proposed Woodland Creek Golf Course Villas project to be constructed. The clubhouse facility would also connect to municipal sewer and water when it becomes available. The remainder of the golf course beyond the proposed development site and the clubhouse area lies within a flood plain and is not buildable. The site is currently zoned R-4 Single Family Urban Residential, a zoning designation that is designed for urban residential development. However, the site remains outside the 2020 Metropolitan Urban Service Boundary (MUSA). Mr. Bednarz stated the entire golf course currently carries an Open Space (OS) designation on the Comprehensive Plan Land Use Map. An Urban Residential Low Density (URL) designation would need to be placed over the 4.08 acres proposed to be brought into the MUSA for urban residential development. These adjustments will align the Land Use and Zoning Designations of the property and allow the proposed residential development to move forward. Mr. Bednarz stated the sanitary sewer is currently located uphill along South Coon Creek Drive. As a result of the topography and depth of the sewer trunk, a lift station would be necessary to transmit sewage from the proposed development uphill to the trunk sewer. Sufficient capacity exists within the trunk sewer line to accommodate the proposed expansion. Staff is working with the applicant to design a temporary lift station that can be eliminated when the trunk sewer is extended north from the Coon Rapids Interceptor along Coon Creek. A trunk waterline also exists along South Coon Creek Drive. Sufficient capacity exists to serve the proposed development. Staff is advocating that the water lateral be looped through the development and back to the trunk water line to ensure adequate flow and to improve water quality. • Regular Andover Planning and Zoning Commission Meeting Minutes — January 14, 2003 Page 5 • Mr. Bednarz stated if approved, this land use change will be forwarded to the Metropolitan Council for their review. This would be considered a minor Comprehensive Plan Amendment Mr. Bednarz stated the second paragraph in the Resolution is a partial duplicate of first paragraph and should be deleted. Mr. Bednarz stated the City is requesting the applicant provide two easements. The first is to provide a sixty-foot wide drainage and utility easement to be provided along the west bank of South Coon Creek Drive. The second easement will cover the south limit of the storm water pond to allow access. Commissioner Greenwald left at 8:00 p.m. Motion by Gamache, seconded by Jasper, to open the public hearing at 8:15 p.m. Motion carried on a 5 -aye, 0 -nays, 2- absent vote. Mr. Mike Charen, 3336 South Coon Creek Drive stated he was one of the two affected properties affected by this development. He stated he would prefer a development not to go in but Mr. Vanelli'has made efforts to work with him. • Mr. Curt Murdy, 14421 Jonquil Street stated this is the first time he was made aware of this and the only concern he has is they have a good view of the golf course even though their property does not abut the golf course, along with other residents and he does not want to lose that view. He stated he is also concerned with the impact on the City Park in the area; he wants to make sure they continue having access to the park and maybe upgrade the park. Mr. Bednarz stated the park is small in size with some old playground equipment. The Park Commission will discuss this item and potential improvements to the park at their meeting on January 16th. Motion by Gamache, seconded by Falk, to close the public hearing at 8:21 p.m. Motion carried on a 5 -aye, 0 -nays, 2- absent vote. Commissioner Gamache asked if this is the same number of units as what was on the previous preliminary. Mr. Bednarz stated it was. Commissioner Jasper asked if the discussion has taken place between the developers and Park Commission. Mr. Vanelli stated they will be discussing this at the next meeting. Commissioner Jasper asked if the sixty -foot wide utility easement is only for the sewer line and not for other developments. Mr. Bednarz stated the utility easement would be between Round Lake Boulevard and Nightingale. He stated the project will be designed with a temporary lift station which could be removed when the trunk sewer is installed along Coon Creek so they will not have the on -going maintenance issue of the lift station. C� Regular Andover Planning and Zoning Commission Meeting Minutes — January 14, 2003 Page 6 Commissioner Jasper stated at the previous public hearing the issue involved eleven lots. • He was wondering if there was any reason in developing eleven lots instead of ten. Mr. Bednarz stated it was staff and Planning Commission recommendation to go down to ten units but the City Council was concemed that if this went to an R4, the City would not have any input in the overall look of the development. Commissioner Jasper asked if adding additional foliage would be a problem. Mr. Mike Olsen, co- owner, stated they could work with the staff regarding this. Commissioner Jasper stated he looked at the landscaping plan very closely and was wondering if there was a fountain outside of every home. Mr. Olsen stated there was because it adds to the aesthetics of the homes. Commissioner Jasper stated he liked that idea. Commissioner Vatne asked in regards to parking, will they have enough capacity with the golf course and restaurant. Mr. Olsen stated they would have enough spaces. He stated they are going from forty-seven to seventy-five parking spaces. Commissioner Falk asked if they were planning on expanding the clubhouse. Mr. Olsen stated they were not looking at expanding, just improving. Commissioner Vatne asked what determines parking space ratios. Mr. Bednarz stated the parking ratio is based on the use and square footage of the building. • Commissioner Vatne asked regarding the exterior design, have they looked into options of meeting the Ordinance. Mr. Vanelli stated in this scenario, they have tried to locate projects abutting each other for a break. They have added more brick from the previous discussions and are still looking at the option of a stucco exterior versus siding. He stated they are aware of concerns and will be trying to blend this into the neighborhood. Chairperson Daninger stated in the resolution, the color scheme will be reflected. In reference to the sign, there does not appear to be a problem, but they need to address the easement. Mr. Vanelli stated they have documented the easement in the association. Chairperson Daninger stated they also need to address the issue of additional trees within the development. Commissioner Gamache stated previously there were two property owners greatly affected by this, and one sold their property, which was his concern, and the other was satisfied so he did not feel there was a problem anymore unless there was a resident that had concerns that were not addressed yet. Motion by Gamache, seconded by Jasper, to recommend to the City Council approval of Resolution No. , approving the Comprehensive Plan Amendment (02 -05) to expand the MUSA Boundary to include the Woodland Creek Golf Course located at 3200 South Coon Creek Drive. Motion carried on a 5 -aye, 0 -nays, 2- absent vote. • Regular Andover Planning and Zoning Commission Meeting Minutes — January 14, 2003 Page 7 • Mr. Bednarz stated that this item would be before the Council at the January 21, 2003 City Council meeting. PUBLIC HEARING: LOT SPLIT (02 -13) TO SUBDIVIDE A PARCEL FROM THE WOODLAND CREEK GOLF COURSE FOR A PROPOSED URBAN RESIDENTL4L DEVELOPMENT AT 3200 SOUTH COON CREEK DRIVE. Mr. Bednarz explained that Olvan Properties has requested a lot split to separate a development site for the Woodland Creek Golf Course Villas from the remainder of the Woodland Creek Golf Course. An attached drawing illustrates the 4.08 -acre site that is proposed. Mr. Bednarz stated a separate site needs to be created for the proposed development to define the limits of the Woodland Creek Golf Villas homeowners association. The Zoning of the subject property is R -4, Single Family Urban Residential. The proposed lots conform to the lot width, depth and area requirements of Ordinance 8, Section 6.02 for this district. • A sixty -foot wide drainage and utility easement is being required to facilitate future trunk sewer extension along Coon Creek as a part of the lot split. The easement will be located along the west side of Coon Creek on Tract B. A condition has been added to the resolution to reflect this requirement. An easement is also needed around the south edge of the proposed storm water pond. Sufficient easement is provided on Tract A for this feature, but no easement is shown for the portion of the pond that encroaches onto Tract B. A condition has been added to the resolution to reflect this requirement. The Park and Recreation Commission have acknowledged that Park Dedication was previously satisfied as a part of the Woodland Estates development. A Trail fee will be assessed as a part of the preliminary plat for Woodland Creek Golf Villas. Access will be provided to both the golf course and the proposed development from South Coon Creek Drive. A public street will be constructed and 60 -foot wide right -of- way will be dedicated as a part of the preliminary plat for Woodland Creek Golf Villas. The existing maintenance building and picnic shelter will be removed from the site. A new maintenance building will be constructed to the west of Tract A. Access to the new maintenance building will be provided through the existing access easement that connects to 142 Avenue to the southwest. A Commercial Site Plan application is needed for this improvement. • The Planning Commission is asked to recommend approval of the proposed lot split with the conditions listed in the attached resolution. Regular Andover Planning and Zoning Commission Meeting Minutes — January 14, 2003 Page 8 Motion by Gamache, seconded by Jasper, to open the public hearing at 8:15 p.m. Motion carried on a 5 -aye, 0 -nays, 2- absent vote. There was no public input. See discussion from the previous item. Motion by Gamache, seconded by Falk, to close the public hearing at 8:21 p.m. Motion carried on a 5 -aye, 0 -nays, 2- absent vote. Commissioner Gamache asked if there was an opportunity for a public trail access from 142 Ave. to the golf course. Mr. Vanelli stated they would prefer access remain from South Coon Creek Drive. Motion by Falk, seconded by Gamache, to recommend to the City Council approval of Resolution No. , approving the Lot Split (02 -13) to subdivide a parcel from the Woodland Creek Golf Course for a proposed urban residential development at 3200 South Coon Creek Drive. Motion carried on a 5 -aye, 0 -nays, 2- absent vote. Mr. Bednarz stated that this item would be before the Council at the January 21, 2003 City Council meeting. • PUBLIC HEARING. SPECIAL USE PERMIT (02 -14) FOR PLANNED UNIT • DEVELOPMENT REVIEW AND AREA IDENTIFICATION SIGN FOR WOODLAND CREEK GOLF COURSE VILLAS AT 3200 SOUTH COON CREEK DRIVE. Mr. Bednarz explained that the Planning Commission is asked to review a Special Use Permit request to develop a Planned Unit Development (PUD) consisting of 11 detached townhouse units on approximately four acres of the Woodland Creek Golf Course. Approval of the Special Use Permit will allow the development to be constructed according to alternative development standards created specifically for this development. The proposed project will consist of one level luxury single - family townhouses with over 2,300 square feet of finished living space per dwelling. This is a different type of housing that can help to achieve the life cycle housing goal called for in the City's Comprehensive Plan. Strict adherence to the R-4 standards would not preclude this development. With one lot removed and a few feet of lot depth added, the development could meet the standard R -4 requirements. There are residential properties to the immediate northwest of the proposed development. The owners of the first two properties have indicated that they are opposed to the proposed development. Minutes from the sketch plan public hearing are attached to detail comments made at the meeting. • Regular Andover Planning and Zoning Commission Meeting Minutes — January 14, 2003 Page 9 • A detail of the landscaping around the base of the units is provided in the attachments. A variety of plant material and landscaping features such as a fountain and landscaping stones are used to complement the structures. The front yards provide one overstory tree per unit. The right -of -way on the north side of the proposed right -of -way will need to be cleared of the existing vegetation to allow the street and utilities to be constructed. The existing vegetation in Creekridge Park will remain. Ornamental arborvitae trees would be used to screen the lift station to be located on the north side of the proposed roadway. The applicant has asked to work with the Park and Recreation Commission to determine what other types of landscaping adjustments can be made to improve the north side of the proposed roadway. Screening between the golf course parking area and Lot 1 will be provided with eight -foot tall arborvitae plant material. The rear yards are proposed to consist primarily of mature evergreens that will remain or be relocated from other areas of the site. Twelve additional trees are proposed to provide tree cover in other areas of the rear yards. The rear yard landscaping is deficient, especially from lot 1 to Lot 5 and between Lots 9 and 10. The evergreen trees will separate the golf course from the proposed development, but the remaining 12 trees will not provide a level of landscaping that is similar to other townhouse projects that have been approved in the past. The applicant has stated that it is their intent to preserve views of the golf course. Staff is recommending that one additional overstory deciduous tree be added per unit (11 trees). . There will be above ground utility equipment in the front yards of the proposed development. Staff recommends that these structures be contained within a planting bed with low growing shrubs and other landscaping elements to soften their appearance. Motion by Gamache, seconded by Jasper, to open the public hearing at 8:15 p.m. Motion carried on a 5 -aye, 0 -nays, 2- absent vote. There was no public input. See discussion from previous items. Motion by Gamache, seconded by Falk, to close the public hearing at 8:21 p.m. Motion carried on a 5 -aye, 0 -nays, 2- absent vote. Motion by Gamache, seconded by Vatne, to recommend to the City Council approval of Resolution No. , approving the Special Use Permit and sign with the addition of adding additional trees to the rear of the development and modifications listed in the report to the exterior of the townhomes and elevatiolis and the developer maintain the oak grove between the new development and the existing houses and correct the typographical error in the resolution from seven (7) units to eleven (11) units. Motion carried on a 4 -aye, 1 -nays, 1- absent, and 1 abstain (Jasper) vote. Mr. Bednarz stated that this item would be before the Council at the January 21, 2003 • City Council meeting. Regular Andover Planning and Zoning Commission Meeting Minutes — January 14, 2003 Page 10 • PUBLIC HEARING. PRELIMINARY PLAT FOR WOODLAND CREEK GOLF COURSE VILLAS FOR OL VAN PROPER TIES AT 3200 SOUTH COON CREEK DRIVE. Mr. Bednarz explained that the Planning and Zoning Commission is asked to review a preliminary plat for Woodland Creek Golf Course Villas, an 11 lot urban subdivision. W. Bednarz explained that Ordinance 10 outlines the requirements for preliminary plat review. The Planning Commission shall determine whether the proposed subdivision is in conformity with the Comprehensive Plan, and shall take into consideration the requirements of the City and the best use of the land. Particular attention shall be given to the arrangement, location and widths of streets, drainage and lot sizes. Access would be provided from South Coon Creek Drive as indicated on the attached drawings. The proposed street would be widened at the intersection to allow one entrance and two exit lanes. The existing driveway to the golf course would be reconstructed within the existing 60 -foot wide access easement through the City Park. The roadway would turn west and extend approximately 720 feet into the site before terminating in a cul -de -sac. The street and associated right -of -way will conform to the City's urban local street requirements (33 feet wide within a 60 foot wide right -of -way). A variance to the 500 -foot maximum cul -de -sac length of Ordinance 10, Section 9.03 is • needed as a part of the preliminary plat. Staff would support a variance to the 500 -foot maximum length due to the fact that there is no feasible way to loop the street back out to South Coon Creek Drive and the remaining developable land could not be accessed. Also, reducing the length of the street to 500 would minimize the space between the first unit and the golf course parking area A trail will be constructed along the south side of South Coon Creek Drive as part of a future public improvement project. The developer is proposing an eight -foot wide bituminous trail from the intersection with South Coon Creek Drive to the parking area for the golf course. The trail would be located on the east side of the intersection. The applicant will petition the City for the construction of connections to water and sewer service. A twenty-foot wide drainage and utility easement will be located between units 5 and 6 over storm water conduit to be installed as a part of the public improvement project. An additional easement will cover the retention area at the south end of the site. Right -of -way for the proposed street will be dedicated to the City. A blanket access provision will be included in the association documents to allow the City access to other areas of the site. Storm water from the development will generally be routed to a new storm water pond at the south edge of the development. An overflow connection will be established with the existing storm water pond on the golf course as indicated on the attached grading plan. • Regular Andover Planning and Zoning Commission Meeting Minutes — January 14, 2003 • Page 11 Motion by Gamache, seconded by Jasper, to open the public hearing at 8:15 p.m. Motion carried on a 5 -aye, 0 -nays, 2- absent vote. There was no public input. See discussion from previous items. Motion by Gamache, seconded by Falk, to close the public hearing at 8:21 p.m. Motion carried on a 5 -aye, 0 -nays, 2- absent vote. Motion by Falk, seconded by Gamache, to recommend to the City Council approval of Resolution No. , approving the preliminary plat for Woodland Creek Golf course Villas subject to the conditions of the attached resolution. Motion carried on a 5 -aye, 0- nays, 2- absent vote. Mr. Bednarz stated that this item would be before the Council at the January 21, 2003 City Council meeting. PUBLIC HEARING. SPECIAL USE PERMIT (03 -02) TO ALLOW INTOXICATING LIQUOR TO BE SERVED AT THE WOODLAND CREEK GOLF COURSE LOCATED AT 3200 SOUTH COON CREEK DRIVE. • Mr. Bednarz explained that the applicant is seeking approval of a Special Use Permit for an on sale liquor license within the principal structure of the subject property. Ordinance 8, Section 5.03 provides the criteria to be considered in reviewing special use permit applications. These are as follows: 1. The effect of the proposed use upon the health, safety, morals and general welfare of the occupants of the surrounding land. 2. The effect on existing and anticipated traffic conditions including parking facilities on adjacent streets and land. 3. The effect on the values of property and the scenic views in the surrounding area. 4. The effect of the proposed use on the comprehensive plan. Minnesota State Statue 340A.504, Subdivision 6 states: A municipality may further limit the hours of the sale of alcoholic beverages, provided that further restricted hours must apply equally to sales of 3.2 percent matt liquor and intoxicating liquor. A city may not permit the sale of alcoholic beverages during hours when the sale is prohibited by this section. • Regular Andover Planning and Zoning Commission Meeting Minutes — January 14, 2003 Page 12 The proposal conforms to all applicable ordinances. Woodland Creek Golf Course is • proposing to remodel the second level of the existing clubhouse to create a restaurant where liquor would be served. The restaurant is planned to be open year -round for lunch and dinner, closing around 11:00 pm. Currently, Andover allows on -sale liquor Monday —Saturday from 8:00 am to 1:00 am, and Sundays from 8:00 am to 10:00 pm. If the council wishes to further limit the hours that alcohol may be sold at the restaurant, the changes would need to be enacted citywide, not just limited to this establishment. The parking area will be reconstructed to provide additional parking (75 total stalls). The parking area will be constructed with curb & gutter to conform to city specifications. Increases in traffic should be minimal, and the proposed restaurant should not negatively affect surrounding property values. Commissioner Gamache asked if there was a required sales ratio for liquor being sold. Mr. Vanelli stated in exploring this, the requirements are either 70/30 or 60/40, food to liquor, which they intend to comply with. Chairperson Daninger asked what style of restaurant this will be. Mr. Vanelli stated they are looking at offering a sports style lunch and a dinner that will consist of steak, pasta and other food. He stated they are looking at using pine on the inside to go with the theme. He stated this would not be fine dining but the decor will be conducive of family dining. Commissioner Jasper asked if there will be a bar in the restaurant. Mr. Vanelli stated • there would be a small bar which would accommodate around fifteen people. Commissioner Jasper asked if they will be selling liquor on the golf course and make liquor available to take onto the golf course. Mr. Vanelli stated they would be and they realized they would be responsible as to whom they sell the liquor to on the course. Motion by Gamache, seconded by Jasper, to open the public hearing at 9:09 p.m. Motion carried on a 5 -aye, 0 -nays, 2- absent vote. There was no public input. Motion by Falk, seconded by Jasper, to close the public hearing at 9:09 p.m. Motion carried on a 5 -aye, 0 -nays, 2- absent vote. Motion by Gamache, seconded by Falk, to recommend to the City Council approval of Resolution No. , approving the allowance of intoxicating liquor subject to the conditions of the attached resolution including the applicant has to meet all requirements by the City for the percentage of liquor /food ratio. Motion carried on a 5 -aye, 0 -nays, 2- absent vote. Mr. Bednarz stated that this item would be before the Council at the January 21, 2003 City Council meeting. • Regular Andover Planning and Zoning Commission Meeting Minutes — January 14, 2003 Page 13 PUBLIC HEARING. COMPREHENSIVE PLANAMENDMENT (03 -01) TO CHANGE THE LAND USE DESIGNATIONFROM URBANRESIDENTL4L LOW DENSITY (URL) TO URBAN RESIDENTIAL MEDIUM DENSITY (URM) FOR PR OPER TY L OCA TED AT 13311 ROUND LAKE BOULEVARD NW. Mr. Bednarz explained that the applicant is requesting a Comprehensive Plan Land Use Map Amendment to change the Land Use Designation of the subject property from Urban Residential Low Density (URL) to Urban Residential Medium Density (URM) for the proposed City View Farm project. Mr. Mike Bahn made a presentation to the Planning Commission in regards to the Comprehensive Plan Amendment. He stated what he is proposing is seven single - family units. He described the homes to the Commission. Mr. Bednarz summarized the staff report. Motion by Falk, seconded by Gamache, to open the public hearing at 9:35 p.m. Motion carried on a 5 -aye, 0 -nays, 2- absent vote. • There was no public input. Motion by Gamache, seconded by Vatne, to close the public hearing at 9:36 p.m. Motion carried on a 5 -aye, 0 -nays, 2- absent vote. Mr. Bednarz stated they did notify the surrounding residents along with the residents of Anoka and Coon Rapids bordering this development. Commissioner Falk asked if they typically use streetlights in the neighborhood. Mr. Bednarz stated they will have lighting. Commissioner Falk stated he is concerned regarding the people on the other side of the privacy fence and the disturbance this may cause. Commissioner Gamache asked if lights on the garages could be installed instead of street lighting. Mr. Bednarz stated this could be an alternate to street lighting. Commissioner Jasper asked if there was any public input at the previous public hearing. Mr. Bahn stated the neighborhood is in favor of this and sees it as an improvement to the area. He stated at the City Council meeting, the neighbor behind him spoke and was in favor of this and Mr. Bahn stated he would like to see something done with the lighting so it does not infringe on the neighbors. Commissioner Jasper mentioned he liked the look of the buildings and the aesthetics. Commissioner Vatne asked if Mr. Bednarz could differentiate what was proposed • regarding the outlot. Mr. Bednarz stated they were talking about whether an outlot will be established or whether the property lines for each unit would extend to the end of the Regular Andover Planning and Zoning Commission Meeting Minutes —January 14, 2003 Page 14 • east edge of the property. He stated the difference is whether the association can refer to the outlot as a common element or whether a series of cross access agreements from property to property will be necessary. It is the Engineering departments recommendation for consistency that no outlot be created. This approach would make it more complicated both in the association documents and for future homeowners to understand. Mr. Brian Johnson, Hawkins and Anderson stated that as an association the cross access agreement would be much easier to understand for the end user. Commissioner Gamache stated it would need to be documented that the association could not sell this outlot. Mr. Johnson stated the association would own and maintain and pay the taxes on the outlot. Commissioner Jasper asked why this would be a private street and not a public street. Mr. Bednarz stated it is because it does not meet the City standards for a Public street. The Commission recessed at 9:46 p.m. so the cable videotape could be changed. Commission reconvened at 9:48 p.m. Commissioner Jasper asked if the private drive would be required to be built with the same quality as a public street. Mr. Bednarz stated it would except for the width. Commissioner Falk asked if the turnaround would be posted for no parking. Mr. Bednarz • stated it would. Commissioner V atne asked if there would be a concern for emergency vehicles to access unit seven. Mr. Bednarz stated they would probably approach the house from the front or access it from the other townhome development. He stated the fire chief has reviewed this plan and approved it. Chairperson Daninger asked how the association is going to maintain the turnaround if it is not paved. Mr. Bahn stated the garage in the first unit has an extra stall that would keep a snow blower and lawnmower for maintenance so a plow would not tear up the grass. He also stated they would make sure that there would not be anything kept on the turnaround. Commissioner Jasper stated it was talked about but was the street connection to the Coon Rapids development looked into. Mr. Bednarz stated the Fire Chief was not in favor of this. Motion by Gamache, seconded by Vatne, to recommend to the City Council approval of Resolution No. , approving the Comprehensive Plan Amendment to change the Land Use Designation from Urban Residential Low Density (URL) to Urban Residential Medium Density (URM) for property located at 13311 Round Lake Boulevard NW. • Motion carried on a 5 -ayes, 0 -nays, 2- absent vote. Regular Andover Planning and Zoning Commission Meeting Minutes — January 14, 2003 Page 15 • Mr. Bednarz stated that this item would be before the Council at the January 21, 2003 City Council meeting. PUBLIC HEARING: REZONING (03 -01) TO CHANGE THE ZONING DESIGNATION FROM SINGLE FAMILY URBAN RESIDENTIAL (R -4) TO MULTIPLE DWELLING LOW DENSITY (M -1) FOR PROPER TY L OCA TED AT 13311 ROUND LAKE BOULEVARD NW. Mr. Bednarz explained that the Planning Commission is asked to review the proposed rezoning to allow the City View Farm project to move forward. Mr. Bednarz summarized the staff report. Motion by Falk, seconded by Gamache, to open the public hearing at 9:35 p.m. Motion carried on a 5 -ayes, 0 -nays, 2- absent vote. There was no public input. See discussion from previous item. Motion by Gamache, seconded by Vatne, to close the public hearing at 9:36 p.m. Motion carried on a 5 -ayes, 0 -nays, 2- absent vote. Motion by Gamache, seconded by Falk, to recommend to the City Council approval of Resolution No. , approving the rezoning to change the Zoning Designation from Single Family Urban Residential (R -4) to Multiple Dwelling Low Density (M -1) for property located at 13311 Round Lake Boulevard NW. Motion carried on a 5 -ayes, 0- nays, 2- absent vote. Mr. Bednarz stated that this item would be before the Council at the January 21, 2003 City Council meeting. PUBLIC HEARING. SPECIAL USE PERMIT (03 -01) FOR PLANNED UNIT DEVELOPMENT REVIEW OF CITY VIEW FARM LOCATED AT 13311 ROUND LAKE BOULEVARD NW. Mr. Bednarz explained that the Planning Commission is asked to review a Special Use Permit request for a Planned Unit Development (PUD) consisting of seven detached townhouse units on approximately 1.34 acres. Approval of the Special Use Permit will allow the development to be constructed according to alternative development standards that are designed to maximize the redevelopment potential of the site. • Mr. Bednarz summarized the staff report. Regular Andover Planning and Zoning Commission Meeting, Minutes — January 14, 2003 Page 16 Motion by Falk, seconded by Gamache, to open the public hearing of 9:35 p.m. Motion carried on a 5 -ayes, 0 -nays, 2- absent vote. There was no public input. See discussion from previous items. Motion by Gamache, seconded by Vatne, to close the public hearing at 9:36 p.m. Motion carried on a 5 -ayes, 0 -nays, 2- absent vote. Motion by Falk, seconded by Gamache, to recommend to the City Council approval of Resolution No. , approving the Special Use Permit for Planned Unit Development Review of "City View Farm" located at 13311 Round Lake Boulevard NW and referencing the staff report for changes along with the 139 -foot outlot depth. Motion carried on a 4 -ayes, 1 -nays (Daninger), 2- absent vote. Mr. Bednarz stated that this item would be before the Council at the January 21, 2003 City Council meeting. PUBLIC HEARING: PRELIMINARY PLAT FOR CITY VIEW FARM FOR MIKE BAHNAT 13311 ROUND LAKE BOULVEARD NW. Mr. Bednarz explained that the Planning and Zoning Commission is asked to review a . preliminary plat for City View Farm, a 7 lot urban subdivision. Mr. Bednarz summarized the staff report. Motion by Falk, seconded by Gamache, to open the public hearing at 9:35 p.m. Motion carried on a 5 -ayes, 0 -nays, 2- absent vote. There was no public input. See discussion from previous items. Motion by Gamache, seconded by Vatne, to close the public hearing at 9:36 p.m. Motion carried on a 5 -ayes, 0 -nays, 2- absent vote. Motion by Falk, seconded by Gamache, to recommend to the City Council approval of Resolution No. _, approving the proposed special use permit subject to the conditions in the attached resolution. Motion carried on a 4 -ayes, 1 -nays (Daninger), 2- absent vote. Mr. Bednarz stated that this item would be before the Council at the January 21, 2003 City Council meeting. OTHER BUSINESS. Mr. Bednarz updated the Planning Commission on related items. • Regular Andover Planning and Zoning Commission Meeting Minutes — January 14, 2003 • Page 17 Mr. Bednara mentioned that the next Commission meeting will have a few items on it so as a project for discussion at the next meeting, they should think about the neighborhood they live in and make a note of what they like and do not like. Mr. Bednarz updated the Commission on the Community Center. ADJOURNMENT. Motion by Falk, seconded by Gamache, to adjourn the meeting at 10:05 p.m. Motion carried on a 5 -ayes, 0 -nays, 2- absent vote. Respectfully Submitted, Sue Osbeck, Recording Secretary Timesaver Off Site Secretarial, Inc. E �J • CITY OF ANDOVER 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Planning an d Zoning Commissioners FROM: Courtney Bednarz, City Plann* SUBJECT: Variance (03 -02) to vary from the building setback from county roadways for existing structure on property located at 3595 143` Avenue NW. DATE: January 28, 2003 INTRODUCTION The applicant is requesting a variance to accommodate an existing house that is adjacent to Round Lake Boulevard (CSAH 9). DISCUSSION Applicable Ordinances Ordinance 8, Section 6.02 provides building setbacks. The setback from county roadways is 50 • feet in the Single Family Suburban Residential Zoning District (R -3). The existing house has a 39 foot setback from the existing Round Lake Boulevard right -of -way. The proposed county roadway improvement project will take ten feet from the subject property for additional right -of -way. The existing house will be left with a 29 foot setback from this future right -of -way line. As you can see, the existing setback is 11 feet below the 50 foot setback requirement and with the proposed project will be 21 feet below the setback requirement. Although this situation is not ideal, it is due to the fact that the home was constructed prior to the adoption of the county roadway setback requirements. Fortunately the house is angled such that only a portion of the garage encroaches into the building setback area (see attached graphic). The existing structure is legal non - conforming. This means that the structure may continue to be used as a residential dwelling until it is damaged beyond 50% of its assessed value. At that time the structure would be required to be reconstructed in conformance with the current setback requirements. Additionally, the City will not issue building permits to expand non - conforming structures. This means that the homeowner would be limited to maintenance of the existing structure and could not construct an addition to the house or garage. Obviously, this affects the marketability of the property. The applicant is requesting a variance to the setback from county roads for the life of the existing structure. This would allow the City to issue building permits for its future expansion (away from the county road). The variance would be conditioned to expire if the home is damaged beyond 50% of its assessed value to ensure that a new house would be constructed in • conformance with applicable building setbacks in the event that the existing home were destroyed. Variances Ordinance 8 Section 5.04 requires 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 The finding for the proposed variance is the fact that Anoka County is proposing to take land from the subject property for Round Lake Boulevard. This taking increases the non - conformity and reduces the front yard setback of the subject property. Additionally, the home was constructed many years ago and contains less finished square footage than the average home constructed today. The non - conforming status of the structure and inability to expand the structure negatively affects the marketability of the property. Staff Recommendation Staff recommends that the variance be approved subject to the conditions of the attached resolution. ACTION REQUESTED The Planning Commission is asked to recommend approval or denial of the variance. Attachments Resolution Location Map Anoka County Highway Department Parcel Sheet Applicant's letter Respectfully submitted, • gourt e n Cc: Joel and Tammy Gnat, 3595 143 ` Avenue NW • CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION APPROVING THE VARIANCE REQUEST FOR JOEL AND TAMMY GNAT TO REDUCE THE BUILDING SETBACK FROM COUNTY ROADWAYS TO 29 FEET FOR THE LIFE OF THE EXISTING STRUCTURE LOCATED AT 3595 143 AVENUE NW (P.I.D. 29- 32 -24 -42 -0062) LEGALY DESCRIBED AS: Lot 4, Block 2 Andover Boundary Commission Plat No. 1, Anoka County, Minnesota WHEREAS, Joel and Tammy Gnat have petitioned to vary from the building setback from county roads as described in Ordinance 8, Section 6.02 for property located at 3595 143' Avenue NW, and; WHEREAS, the City Council finds that the proposed variance will not have a detrimental effect on neighboring properties due to the fact that the structure presently exists, and; WHEREAS, the City Council finds that the special circumstances for the proposed variance are as follows: is 1. Anoka County will take land from the subject property for Round Lake Boulevard (CSAH 9). This taking reduces the building setback from Round Lake Boulevard (CSAH 9). 2. The home was constructed many years ago and contains less finished square footage than the average home constructed today. The non - conforming status of the structure and inability to expand the structure negatively affects the marketability of the property. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover approves the proposed variance request to allow a building setback of 29 feet from the Round Lake Boulevard (CSAH 9) right -of -way for the existing house at 3595 143 Avenue NW subject to the following: 1. In the event the home is damaged beyond 50% of its assessed value, a new house will be required to be constructed in conformance with all applicable building setbacks at that time. Adopted by the City Council of the City of Andover on this day of 2003. CITY OF ANDOVER ATTEST: Michael R. Gamache, Mayor • Victoria Volk, City Clerk 3595 143rd Avenue NW N Project Location Map w 5 Andover Planning ACHD Parcel Sheet PIN: 29- 32 -24 -42 -0061 PROJECT 02- 609 -12 PARCEL 34/34T Round Lake Blvd. Reconstruction Scale 1:30 Disclaimer: This sheet is for informational purposes o0y. See RAN Plat #64 STA: T- 71.9 .60 OFFSET- 71.94 � SETBACK REQUI n (D 7 EXIST. RW C) CA W STA: 125 +96.94 OFFSET: 72.10 L Q n cD CA UA I 1 �y r r l 0 IlP 9 Y i 9Q 0 � a 7; 1 OJ- �`� Sl3 L'u lz- pCo je(J.. no Slqpcl:� - & O IBS. 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