HomeMy WebLinkAbout07/13/04•
Andover Planning and Zoning Commission
Meeting Agenda
July 13, 2004
Andover City Hall
Council Chambers
7.00 p.m.
1. Call to Order
2. Approval of Minutes — June 22, 2004
3. PUBLIC HEARING: Rezoning (04 -08) to change the zoning classification
from Single Family Rural Residential (R -1) to SinVe Family Urban
Residential (R -4) for property located at 1386 148' Lane NW.
4. PUBLIC HEARING: Lot Split (04 -04) to create two urban residential lots
from one rural residential lot located at 1386 148' Lane NW.
5. Variance (04 -03) to vary from rear yard setback requirement for porch
addition on property located at 13943 Wintergreen Street NW.
6. Other Business
7. Adjournment
•
1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100
FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US
C I T Y O F
ND0VE
1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100
FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US
TO: Planning and Zoning Commissioners
FROM: Courtney Bednarz, City Planner
SUBJECT: Item 2. Approval of Minutes - June 22, 2004
DATE: July 13, 2004
Request
The Planning and Zoning Commission is asked to approve the minutes from the
June 22, 2004 meeting.
0
•' n a
•
PLANNING AND ZONING COMMISSION MEETING — JUNE 22, 2004
The Regular Bi- Monthly Meeting of the Andover Planning and Zoning Commission was
called to order by Chairperson Daninger on June 22, 2004, 7:02 p.m., at the Andover City
Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota.
Commissioners present: Chairperson Da Commissioners Tim Kirchoff, Tony
Gamache, Rex Greenwald (arrived at 7:04 p.m.), and
Michael Casey.
Commissioners absent: Commissioners Jonathan Jasper and Dean Vatne.
Also present: City Planner, Courtney Bednarz
City Engineer, David Berkowitz
Others
0
APPROVAL OFMINUTES.
June 8, 2004
Motion by Gamache, seconded by Casey, to approve the minutes as presented. Motion
carried on a 4 -ayes, 0 -nays, 3- absent (Greenwald, Jasper and Vatne) vote.
PUBLIC HEARING: LOT SPLIT (04 -03) TO RE- ESTABLISH TWO RURAL
RESIDENTIAL LOTS AT 2043158 VENUE N.W.
Mr. Bednarz explained that the applicant is seeking to re- establish a property line
between two previously combined urban residential lots (Lots 1 and 2, Block 1 of
Nightingale Preserve). A house exists on lot 2. The proposed lot split would allow a
second home to be constructed on lot 1.
Mr. Bednarz explained Nightingale Preserve was created with a Planned Unit
Development (P.U.D). This approval allowed lots to be created at less than the minimum
2.5 -acre size, provided private open spaces were created so that the final density of the
development was one lot per 2.5 acres. The lots would be split along the original
\J
Regular Andover Planning and Zoning Commission Meeting
Minutes — June 22, 2004
Page 3
• diverting the flow to the Pine Wood Trunk which is west of Hanson Boulevard NW,
additional sewer capacity is available to serve all the remaining developable acres within
the MUSA boundary. This option utilizes excess capacity in underdeveloped trunk lines
and alleviates the sewer line which would be over capacitated.
Mr. Berkowitz noted the Yellow Pine Alternative is a cost effective alternative that will
utilize system capacities to the full extent. This alternative also allows for flexibility to
accommodate reasonable density and timing of new development. The next stage is to
revise the sanitary sewer staging plan as part of a Comprehensive Plan amendment.
Commissioner Kirchoff stated earlier this spring there was a gentleman in the audience
that stated there were some miscalculations referring to property along 161 ". He
wondered if this study resolved the issue. W. Berkowitz stated through the report, there
was some question about how numbers were calculated and determined and they went
through that extensively to make sure that they were conservative with the report. He
stated they did address that.
Chairperson Daninger asked why they decided on the Yellow pine lift station instead of
another one. Mr. Berkowitz stated they looked at several options and this option worked
out the best. He stated the main reason was flexibility and feasibility.
Commissioner Gamache asked if putting the Yellow pine lift station in affect the
• neighborhoods at all in the area. Mr. Berkowitz stated in that location, they would be
utilizing that space. They would do everything they could to install a sound barrier and
help it fit into the neighborhood and be aesthetically pleasing.
Commissioner Greenwald asked how this will get paid. Mr. Berkowitz stated they have
sewer area and sewer connection charges that will pay for this. He noted all the new
development will fund this.
Commissioner Kirchoff noted that he got the impression that the report was good. Mr.
Berkowitz stated this was a reasonable solution so they can ensure that they do not have
capacity issues in the future. He noted they will be purchasing a flow meter so they can
anticipate increased flow per City Council request.
Mr. Berkowitz noted the by -pass lift station would not be construction until the area starts
to develop.
Commissioner Gamache stated he saw a proposed trunk line, a ten inch force main, going
right through Clock Tower Commons and he assumed that would be laid in the ground as
construction moves forward. Mr. Berkowitz stated they would use directional drilling for
the force main pipe. It would not need to be dug up.
•
C I T Y O F
NDOVE
1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100
FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US
TO: Planning and Zoning Commissi ners
FROM: Chris Vrchota, Planning Intern
CC: Courtney Bednarz, City Planne _
DATE: July 13, 2004
SUBJECT: PUBLIC HEARING: Rezoning (04 -08) to change the zoning designation from
R -1 Single Family Rural Residential to R -4 Single Family Urban Residential for
Bruce Cardinal and Christine Brtek for property located at 1386 148` Lane NW.
INTRODUCTION
The Planning Commission is asked to review the proposed rezoning to allow the lot split on this
property to move forward.
DISCUSSION
As with all rezonings, the City must meet one of the two following findings that are provided by
state statute:
1. The original zoning was in error.
2. The character of the area or times and conditions have changed to such an extent to
warrant the Rezoning.
The property is located within the 2020 Metropolitan Urban Service Area (MUSA). Municipal
sewer and water connections are available for this property. Oak Bluff was granted a special use
permit for density zoning because of proximity to a landfill and to preserve surrounding land for
development until after municipal utilities became available. The possibility of subdividing the
lots after utilities became available was discussed when the original plat was presented. There is
urban residential development on three sides of this development. Times and conditions have
changed with the availability of municipal utilities and it is appropriate to rezone the property at
this time to allow for urban residential development.
Attachments
Ordinance Amendment
Location Map
ACTION REQUIRED
The Planning Commission is asked to recommend approval of the rezoning request based on the
fact that times and conditions have changed.
Respectfu ly mitted,
Christopher Vrchota
Planning hitern
J
0 Cc: Bruce Cardinal and Christina Brtek, 1386 148 Lane NW
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1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304
FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US
TO: Planning and Zoning Commissioners
CC: Courtney Bednarz, City Plann
FROM: Chris Vrchota, Planning Inter
DATE: July 13, 2004
(763) 755 -5100
SUBJECT: PUBLIC HEARING Lot Split (04 -04) to create two urban residential lots from
property located at 1386 148`" Lane NW for Bruce Cardinal and Christine Brtek.
INTRODUCTION
The property owners are seeking approval of a proposal to divide the subject property (Lot 5,
Block 4, Oak Bluff) into two urban residential lots. The existing house and detached garage will
remain on one of the lots.
DISCUSSION
The lot split would require a rezoning of the property from R -1 Single Family -Rural to R -4
Single Family -Urban. The attached survey illustrates the proposed lot split. An existing house
and detached garage building are located on Parcel A. A new house will be constructed on
Parcel B. After rezoning, the proposed split will meet the dimensional requirements of City
Code 12 -3 -4 as indicated in the table below:
Easements
Ten -foot drainage and utility easements already exist around the perimeter of the existing
property. Separate easement documents will be necessary to establish the standard five -foot
drainage and utility easements along both sides of the new property line.
Utilities
If the lot split is approved both lots will be required to connect to municipal water and sewer and
pay the assessment as calculated by the City Clerk.
Trail Fee
A Trail fee in the amount of $534 will be required for the new property.
R -4
Tract A
Tract B
Requirements
Lot Width
80 feet
100 feet
162.09 feet
Lot Depth
130 feet
187.645 feet
188.12 feet
•2617 acres
.3991 acres
.5007 acres
Lot Area
11,400 s.f.)
(17,383.12 s.f. )
(21,810.74 s.f.
Easements
Ten -foot drainage and utility easements already exist around the perimeter of the existing
property. Separate easement documents will be necessary to establish the standard five -foot
drainage and utility easements along both sides of the new property line.
Utilities
If the lot split is approved both lots will be required to connect to municipal water and sewer and
pay the assessment as calculated by the City Clerk.
Trail Fee
A Trail fee in the amount of $534 will be required for the new property.
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
A RESOLUTION APPROVING THE LOT SPLIT REQUEST FOR BRUCE CARDINAL AND
CHRISTINE BRTEK TO SUBDIVIDE INTO TWO PARCELS PROPERTY LOCATED AT
1386 148 IN NW (26- 32 -24 -21 -0014) LEGALLY AND DESCRIBED AS:
Lot 5, Block 4, Oak Bluff, Anoka County, Minnesota,
To be divided into properties to be described as;
PARCEL A: That part of Lot 5, Block 4, OAK BLUFF, lying Westerly of the following
described line: Commencing at the southwest corner of said Lot 5; thence on an assumed bearing
of South 89 degrees 25 minutes 48 seconds East along the south line of said Lot 5, a distance of
85 feet to the beginning of the line to be described; thence North 5 degrees 09 minutes 07
seconds East a distance of 187.29 feet to the north line of said Lot 5 and there said line
terminating.
PARCEL B: That part of Lot 5, Block 4, OAK BLUFF, lying Easterly of the following
described line: Commencing at the southwest corner of said Lot 5; thence on an assumed bearing
of South 89 degrees 25 minutes 48 seconds East along the south line of said Lot 5, a distance of
85 feet to the beginning of the line to be described; thence North 5 degrees 09 minutes 07
seconds East a distance of 187.29 feet to the north line of said Lot 5 and there said line
terminating.
WHEREAS, Bruce Cardinal and Christine Brtek have requested approval of a lot split to
subdivide property pursuant to City Code Title 13 Chapter 1, located at 1386 148 Lane. NW,
and;
WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined
that said request meets the criteria of City Code Title 13 Chapter 1;
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, and;
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:
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• 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100
FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US
TO: Planning and Zoning Commissioners
FROM: Chris Vrchota, Planning Intern W
Courtney Bednarz, City Planne*
SUBJECT: Variance (04 -03) to vary from the rear yard setback requirements for an
existing house at 13943 Wintergreen St.
DATE: July 13, 2004
INTRODUCTION
The applicant is requesting a 5 -foot variance to the rear yard setback requirement to allow
the construction of a 14x14 sun porch, which would replace an existing deck. The 14x14
size was based on the survey that was on file. The property pins were located as a
condition of the building permit review, and it was determined that the survey on file is
not accurate. The rear of the home is actually 5 feet closer to the rear property line than
reflected on the survey.
• DISCUSSION
The survey shows the house positioned 14 feet from the rear setback line, when in
actuality it is 9 feet away. Three factors contribute to the inaccuracy of the survey: 1)
the front yard setback is larger than is shown on the survey: it is shown as 35 feet but is
actually 39 feet; 2) the house is slightly larger than is shown; and 3) limited depth
through the center of the lot. The proposed porch would extend one foot further into the
setback area than an existing deck.
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.
R -4
Requirement
Subject
Prope
Rear Yard
setback
30 feet
39
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.
CITY OF ANDOVER
• COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. R
A RESOLUTION APPROVING THE VARIANCE REQUEST FOR LINDA
MAZZUCO TO VARY FROM CITY CODE 12 -3 -4 TO REDUCE THE REAR YARD
SETBACK TO 25 FEET ON PROPERTY LOCATED AT 13943 WINTERGREEN ST.
NW LEGALLY DESCRIBED AS:
LOT 1, BLOCK 12, HILLS OF BUNKER LAKE, FIRST ADDITION, ANOKA
COUNTY, MN.
WHEREAS, Linda Mazzuco has petitioned to vary from the requirements of City Code
12 -3 -4, and;
WHEREAS, the City Council finds that the special circumstances for the subject property
are as follows:
1. The house was located on the property differently than indicated on the Certificate
of Survey.
2. The house is larger than what is shown on the survey.
3. There is limited lot depth through the center of the property.
4. The remaining area outside the setback does not allow for an addition with
sufficient useable space to be constructed.
• WHEREAS, the City Council finds that the variance will not be detrimental to the health,
safety or welfare of surrounding properties, and;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover
approves the proposed variance request to vary from City Code 12 -3 -4 to reduce the rear
yard setback for a new sun porch to 25 feet for the subject property with the following
condition:
1. The variance shall be subject to a sunset clause whereas if the improvements are
initiated within twelve (12) months, the variance will be null and void.
Adopted by the City Council of the City of Andover on this _ day of , 2004.
CITY OF ANDOVER
ATTEST: Michael R. Gamache, Mayor
Victoria Volk, City Clerk
is
r Jul. �t%o.-,1
�ertiricate of Survey
for
HILLS
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R - . L: 31.11
Q._ V IT SV
R /295.0'
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SCALE: 1 inch = 50 feet
Bearings are on an assumed datum
Date: S - -87
Job No.: Book:
Denotes iron pipe set with a
plastic plug stamped RLS 8194
or 13057
Drainage and Utility Easements
are shown thus
-1d L.- 5'
5' f-!
10'
.5
1110'
- N I
N
Lot I ,B /ock /'2 HILLS OF BUNKER LAKE Ist ADDITION, Anoka County, Afn
1 hereby certify that this survey was prepared by me or
executed diraccordpervision,tis
correct to the best of my knowledge and belief,
current Recommended Procedures For The Practice Of Land Surveying adopted by the
Minnesota Land Survey licensed Land Surveyor under
Surveyors Association, and that I am a duly
the laws of the State of Minnesota. ` o show
This certificate does not purport t
improvements or encroachments, if any. No liability is assumed except to the client :for
whom this survey was prepared, his heirs, and assigns, and said liability is assumed only
for the actual cost of this survey.
JOHN OMER & AsSOCIATES. INC.
JOHN OLI1'£R & ASSOCIATES, INC.
P.
By: L P, Caswell, Land Surveyor
Minnesota License No. 13057
M M•le suati
Mt Rte, ►tfieerma 55330
led) 44140#
LMA OW in
RECEIVED
June 25, 2004
CITY OF ANDOVER
Please accept this Request for Variance to allow the completion of a 4- season sunroom
addition to my home at 13943 Wintergreen St. NW.
The reason (hardship) for the request is as follows:
The original builder and owner (Christian Builders) did not locate the structure according
to the original Certificate of Survey, but positioned the home farther toward the right and
rear of the property. This would result in the 14x14 foot sunroom off the rear door of the
home to come to within 25 feet of the rear property line. Reducing the depth of the
sunroom to 9 feet to accommodate the 30 -foot rear setback requirement would not allow
adequate space to make the sunroom space useful
Justifications:
1. My home is on a comer lot and the rear of my property is adjacent to the side
property of the home behind. That structure is only 10 feet from the same
property line. (See photo #1)
2. The single - family homes behind and to the side of this property are positioned
with the garages next to my property and no windows in those homes face my
home or the backyard where this sunroom would be located. (See photos #I and
• #2)
3. There is no alternate entrance from which the sunroom could be located. The side
of my property is split -level and there is no exit to allow another location for the
sunroom. (See photo #3)
4. The sunroom will replace the existing deck, extending only 1 foot farther toward
the rear lot line. (See photos #4 and #5)
Attachments:
1. Completed Variance Request Form
2. Copy of building permit (Patio Enclosures)
3. Copy of original Certificate of Survey for the property
4. Scale drawing of actual location of the home on the property
5. Photos showing the location of the proposed structure and adjacent homes.
6. Check for $150 fee
Regards,
Linda Mazzuco
13943 Wintergreen St. NW
Andover, MN 55304
• (763) 755 -4103
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