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HomeMy WebLinkAbout06/14/05C I T Y O F ND OVE 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US Andover Planning and Zoning Commission Meeting Agenda June 14, 2005 Andover City Hall Council Chambers 7:00 p.m. 1. Call to Order 2. Approval of Minutes— May 24, 2005. 3. Variance (05 -03) to vary from the side yard setback requirements for Lot 17, Block 1, Woodland Estates 6 th Addition. 4. PUBLIC HEARING: Lot Split (05 -09) to create a new rural residential parcel from property located west of 17350 Ward Lake Drive. 5. PUBLIC HEARING: Rezoning (05 -07) to change the zoning from Single Family Rural Residential (R -1) to Single Family Urban Residential (R -4) for property located at 1140 Crosstown Boulevard NW. 6. PUBLIC HEARING: Lot Split (05 -08) to create a new urban residential lot from property located at 1140 Crosstown Boulevard NW. 7. PUBLIC HEARING: Preliminary Plat of a single family rural residential development to be known as Brook Crossing located to the southwest of Hanson Boulevard and 177 Avenue NW. 8. WORK SESS] i. ii. iv. V. vi. vii. viii. 9. Other Business ON: Zoning Ordinance Update City Code 12 -15 -4 Code Text Amendments City Code 12 -15 -10 Public Hearing Process City Code 12 -13 1 B Animals City Code 9 -9 -11 Housing Maintenance City Code 9 -4 -4 Swimming Pools, Spas and Hot Tubs City Code 12- 8 -7B.3 Bulk Fuel (continued) City Code General Discussion Item — Front Porches City Code General Discussion Item - Dirt Dikes 0 10. Adjournment T OVE 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 - May 24, 2005 DATE: June 14, 2005 Request The Planning and Zoning Commission is asked to approve the minutes from the May 24, 2005 meeting. i u NDOVE PLANNINGAND ZONING COMMISSIONMEETING — MAY24, 2005 The Regular Bi- Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Daninger on May 24, 2005, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Chairperson Daninger, Commissioners Tim Kirchoff, Rex Greenwald, Jonathan Jasper, Michael Casey and Valerie Holthus. Commissioners absent: Commissioner Dean Vatne. Also present: City Planner, Courtney Bednarz Associate Planner, Andy Cross Associate Planner, Chris Vrchota Others APPROVAL OFMINUTES. May 10, 2005 Chairperson Daninger noted on page 7, the motion was carried on a 5 -ayes, 5 -nays (Jasper, Casey). This should be reflected as 5 -ayes, 2 -nays (Jasper, Casey). Motion by Jasper, seconded by Kirchoff, to table the minutes as presented. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Vatne) vote. PUBLIC HEARING: ZONING ORDINANCE UPDATEAMENDING VARIOUS SECTIONS OF THE CITY CODE. Mr. Bednarz noted the purpose of this item is to hold a public hearing and take input on the items that have been discussed through the Zoning Ordinance Update. Motion by Greenwald, seconded by Casey, to open the public hearing. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Vatne) vote. Regular Andover Planning and Zoning Commission Meeting Minutes — May 24, 2005 • Page 3 PUBLIC HEARING: REZONING (05 -06) TO CHANGE THE ZONING FROM SINGLE FAMILY RURAL RESIDENTIAL (R -I) TO SINGLE FAMILY URBAN RESIDENTIAL (R-4) FOR PROPERTYLOCATED A T THE SOUTHWEST CORNER OF CROSSTOWNBOULEVARD AND THE BURLINGTONNORTHERN RAILROAD. Mr. Vrchota explained the Planning Commission is asked to review the proposed rezoning of the property for the proposed "Sophie's South" plat. Mr. Vrchota discussed the staff report with the Commission. Motion by Greenwald, seconded by Kirchoff, to open the public hearing. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Vatne) vote. There was no public input. Motion by Kirchoff, seconded by Greenwald, to close the public hearing. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Vatne) vote. Motion by Jasper, seconded by Greenwald, to recommend approval of the rezoning • request to the City Council based on the fact that times and conditions have changed. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Vatne) vote. Mr. Bednarz stated that this item would be before the Council at the June 7, 2005 City Council meeting. PUBLIC HEARING: CITY CODE AMENDMENT TO ADD CREMATORIUM TO THE DEFINITION OF MORTUARYAND FUNERAL HOMES. Mr. Bednarz stated the applicant is interested in constructing a funeral home with a crematorium on property located at the southwest corner of Bunker Lake Boulevard and Crooked Lake Drive. Mr. Bednarz discussed the staff report with the Commission. Commissioner Kirchoff asked how many funeral homes were in Andover. Mr. Bednarz did not believe they had any at this time. Commissioner Kirchoff asked how many cemeteries they have in Andover. Mr. Bednarz believed there was one on a rural property. Chairperson Daninger indicated there was another at Constance Free Church. Motion by Greenwald, seconded by Kirchoff, to open the public hearing at 7:30 p.m. • Motion carried on a 6 -ayes, 0 -nays, 1- absent (Vatne) vote. Regular Andover Planning and Zoning Commission Meeting Minutes — May 24, 2005 • Page 5 Ms. Gloria Benjamin, 13625 Gladiola, stated their property adjoins the property in question and they have for awhile tried to get Edelweiss to come through their property. She noted their property was locked in and with the funeral homes coming in; it looks like this would be the route they would take from the home to the street. She wondered if they wanted those homes to be built with a hearse going by. She wondered if it was important to put in the street now. She also indicated they had two churches, three schools, a daycare center, do they want that kind of atmosphere for those children. She wondered what levels of mercury they would be exposed to if this went in. Mr. Arden Ingberg, 13608 Heather Street, stated he moved to Andover for the purpose of tranquility and raising his children and for good memories. He noted he was the fast American born along with his siblings. His parents came from Poland and Russia and there have been times in his youth that his father talked about letters from his brother who wrote to him until sometime during WWII and then the letters stopped. He noted his uncle lived close to Treblinka, a Nazi camp. It was his position that he did not need to be reminded about what his father spoke about by having an aroma and smoke coming from a building close to his home. Mr. Vick Evans, 13553 Gladiola, stated the question being discussed by staff was the • definition of a funeral home and if it should include a crematorium. He agreed that the definition of a crematorium should not be included in the definition of a funeral home. He did not think the zoning for a funeral home with a crematorium should be different that for just a funeral home. He would support the idea of making them different. Mr. Tom Nerum, 13424 Uplander Street, stated his biggest concern with a crematorium is he is an avid fisherman and has seen the affects of mercury fallout on some of the fish. His concern was what would happen to Crooked Lake if mercury emissions entered the air. He thought if there was going to be a crematorium in Andover; he would rather see it in an industrial area where the zoning would be correct for it. Mr. Shawn Kume, 13817 Edelweiss, stated his concern was with property values. There are plenty of places to put this such as industrial. Ms. Tammy Lund, 13713 Crooked Lake Boulevard, stated she will be living directly across from the funeral home. She indicated she did not want to see this every day. She asked to have a fence in the front yard to block traffic, public viewing, dust and dirt from the street and was told she could only have a six foot fence. She noted she wants an eight foot fence to block the view and dust. She stated she did not want to live with the emissions from a crematorium in her neighborhood. Mr. Gary Tigen, 13554 Gladiola Street, concurred with everything that has been said. He • noted his family did not want dead people in their back yard. Regular Andover Planning and Zoning Commission Meeting Minutes —May 24, 2005 . Page 7 Ms. Carol Bentley, 13610 Crooked Lake Boulevard, thought the rezoning was for the financial benefit of only one person and this would affect many people if changed. She stated it is going to compromise health, property values and quality of life. Ms. Gail Pavorali, 2815 135' Circle, asked why this came up because it is a residential area. She wondered why this was not denied from the beginning. Chairperson Da stated an applicant can pay to have anything put on a site. If the zoning ordinance says you cannot do it, then the applicant can ask for a change or variance and that is what the applicant is doing. Mr. Gary Narrison, 13415 Heather Street, asked what staff's recommendation for this was. Mr. Bednarz stated with an application and a fee, the applicant is entitled to a public hearing process and a decision by the elected officials. Staff can and does make a recommendation but as a property owner you have the right to get a recommendation and decision by the elected officials. Mr. Narrison asked what the recommendation was. Mr. Bednarz stated their recommendation was that crematoriums not be included in the definition of mortuary and funeral home. That should be separate. Mr. Shawn Kume, 13817 Edelweiss, asked if they were to put the funeral home there and it would produce enough traffic, would the City then decide to put a light in at that intersection because if they would, it would be a financial impact to the residents. He also wondered what kind of impact it would have on the road itself and would it adjust the speed limit. Chairperson Daninger was not sure if staff could answer that question at this time. Mr. Bednarz indicated this was not directly related to this item. Mr. Art Steinberg, 13562 Crooked Lake Boulevard, stated if there are improvements to the intersection, it would mean assessments to the residents and would be a financial burden. Mr. Wayne David, 13607 Crooked Lake Boulevard, asked if this was just a funeral home, would they have to reactivate the service road in the area to accommodate the traffic. That could impact some people tremendously. Chairperson Daninger indicated this was not being looked at with this item. Mr. Carl Bonesock, 13624 Heather Street, asked if a funeral home is able to be in a limited business and a crematorium added to that, what does that do to the utilities. Will there be a larger gas pipe or a larger amount of utilities required. He was not sure what the water capabilities were in the area. Mr. Mike Petio, 13624 Crooked Lake Boulevard, asked if they were going to talk about item six. Chairperson Daninger stated Item six is on the agenda for tonight but the public hearing seems to be blended into this item. • Regular Andover Planning and Zoning Commission Meeting Minutes — May 24, 2005 • Page 9 Chairperson Daninger asked if they would need to connect to City sewer and water. Mr. Bednarz stated they would. Chairperson Daninger stated there was a question about utilities, he wondered if this would require more energy then residential. W. Karsch stated the utilities would be the typical residential utilities but there would be another gas line brought in for the retort and that would be a four inch line instead of a two inch. Commissioner Greenwald wondered if there were different parking requirements for a funeral home versus a commercial business and if they do not have a crematorium there, can this be done with a funeral home only. Mr. Bednarz stated there are specific parking requirements for funeral homes, not as extensive as for commercial. Commissioner Greenwald wondered if there would be adequate parking for this. Mr. Bednarz stated on the concept plan it shows fifty -nine parking stalls on the property. Mr. Karsch indicated the owner would not do just a funeral home in the City because the cremation rate is so high. Mr. Karsch stated he would need to check with the owner regarding continuing pursuing this if definition in item five was not recommended. Commissioner Jasper stated the question with the wells was not if the cremation and funeral home would have a well but would the mercury emissions affect the surrounding wells in the area. Mr. Karsch stated he would have to check on the mercury issue because there is one website that indicates mercury would not be an issue and he would provide that for the City. Commissioner Casey asked if they would be bringing in other business for cremation or would they be only doing their own. Mr. Karsch indicated they would only do their own. Mr. Karsch noted the crematoriums are inspected once installed and then inspected every two years. He also stated the funeral home has to be educated on cremation. Mr. Karsch gave the Commission statistics regarding crematoriums. Mr. Karsch indicated there are faiths and families who want to participate in the cremation and having this in an industrial area would not allow this. Commissioner Greenwald asked if a crematorium is not put here, is there another location in Andover where they would want to do this. Mr. Karsch stated they have been looking for a year and have not found anything else in Andover. He noted the land prices are too high. Mr. Karsch showed a picture of a funeral home and crematorium they built in Wisconsin showing the stack and indicating this would look like a fire chimney on a house. Regular Andover Planning and Zoning Commission Meeting Minutes — May 24, 2005 . Page 11 PUBLIC HEARING: REZONING (05 -05) TO CHANGE THE ZONING FROM SINGLE FAMILY URBANRESIDENTL4L (R-4) TO LIMITED BUSINESS (LB) FOR PROPERTY LOCA TED AT 13646 CROOKED LAKE BOULEVARD NW. Mr. Bednarz explained this item is related to the previous discussion concerning crematoriums. As a result the discussion on the previous item affects the proposed rezoning. It is the applicant's intent to construct a funeral home with a crematorium on property located at the southwest corner of Bunker Lake Blvd and Crooked Lake Drive. Mr. Bednarz discussed the staff report with the Commission. Commissioner Kirchoff asked if they could move forward then because it is a decision by the applicant to move forward or not. He would hate to act without knowing what was going to happen. Mr. Bednarz stated based on the Commissions recommendation in the previous item, the Commission should vote for denial but the City Council could vote differently. Chairperson Daninger asked for clarification on limited business. Mr. Bednarz gave the Commission examples of other businesses that could be developed on the property. • Chairperson Daninger asked if they tabled item six, is there a timing issue or would the applicant have time to answer the question regarding moving this forward. Mr. Bednarz thought the applicant may have additional comments based on the decision in Item five. Commissioner Greenwald asked how long ago the City decided the three sites were transitional commercial. Mr. Bednarz stated he first saw them on maps dating back to 1998. Commissioner Greenwald wondered if there were homes on the other sites. Mr. Bednarz stated there was one to the west of this property. Commissioner Greenwald wondered what would happen if one of the homes burned down, would they allow another home to be built on the property. Mr. Bednarz stated they would be allowed to rebuild because it is one of the uses allowed. Commissioner Greenwald remembered in the public hearing, someone mentioned a park and would this be a possibility. Mr. Bednarz did not think it was the cities intent to put a park in this location. Commissioner Holthus remembered the Park Commission wanting to install some playground equipment at the boat landing but it would be expensive to buy that property for a park. Commissioner Greenwald wondered if the old house was tom down and a new house would be put up, could this be done with out having to get approval. Mr. Bednarz stated they could put up a new home. Regular Andover Planning and Zoning Commission Meeting Minutes — May 24, 2005 • Page 13 Road anymore and she did not think people on Shenandoah Boulevard would appreciate funeral processions down their road anymore than they would appreciate it. Mr. Gary Narrison, 13415 Heather Street, stated there were a couple of issues brought up before. He assumed the property owner petitioned for his property to be rezoned but before it can be done, it needs to be put in the master plan and he wondered who was responsible for doing that. Mr. Bednarz stated this was adopted as a part of the Comprehensive update. He indicated there are public hearings for proposed changes to the public hearing and sometimes people do not know what is being proposed with so many changes. Mr. Narrison asked the Planning Commission to reconsider and change this back to residential. He thought the funeral home could locate somewhere else within the City that would be more appropriate. Mr. Mike Petio, 13624 Crooked Lake Boulevard, thought they had some preconceived notions as to what a crematorium looked like. He stated he lives next door and is not concerned about a funeral home and would not be any worse than purchasing the home and letting it be run down. He stated he purchased his property and it was run down and brought down the property values in the neighborhood. He did not care if the funeral home came in or not and if Mr. Vieman can sell his property for more commercially, that is his business. He wanted to go on record as saying, let them bring business into the neighborhood that is appropriate to the neighborhood. He stated this business is no worse than the gas station down the road potentially contaminating the ground or Sloth nursery potentially contaminating the lake and ground with what ever they use on their plants. He stated he was not sure if he would be opposed to a crematorium after seeing what it looked like. Ms. Jean Jurassic, 13563 Crooked Lake Boulevard, stated they have lived there for over fifty years and have.kept their property natural for the environment and animals and it is a peaceful and quiet neighborhood and Crooked Lake Boulevard should be kept residential. Mr. Art Steinberg, 13562 Crooked Lake Boulevard, remembered when it was a County Road and dump trucks going through. He remembered when it was noisy then and how quiet it is now. He thought if the funeral home would go in, the neighborhood would be noisy again and would be a bad impact on all the surrounding streets. Mr. Wayne Davis, 13607 Crooked Lake Boulevard, asked if the plan included expanding this business to the other two properties because that is what he understood what was happening. Chairperson Daninger did not think they could answer this. Mr. Tom Nerow, 13424 Uplander Street, asked if they could apply for a conditional use • and add a crematorium on later as a separate building. By excluding crematorium from the definition of funeral homes does not exclude them from being in the City. Mr. Regular Andover Planning and Zoning Commission Meeting Minutes — May 24, 2005 Page 15 OTHER BUSINESS. Mr. Bednarz updated the Planning Commission on related items. Chairperson Daninger commended the staff and other Commission Members for the presentations and information presented. Mr. Bednarz stated staff wanted to thank the Commission for the work done on the changes. ADJOURNMENT. Motion by Greenwald, seconded by Casey, to adjourn the meeting at 9:37 p.m. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Vatne) vote. Respectfully Submitted, Sue Osbeck, Recording Secretary Timesaver Off Site Secretarial, Inc. • 1 • TO i C I T Y O F ND DVE 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 . (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US FROM SUBJECT: DATE: Planning and Zoning Commissioners Courtney Bednarz, City Planner Variance (05 -03) to vary from the side yard setback requirements for Lot 17, Block 1, Woodland Estates 6 th Addition. June 14, 2005 INTRODUCTION The applicant seeks a variance to allow construction of a home they designed for themselves. DISCUSSION The applicant purchased the property with the understanding that there would be a 25 foot setback on the side that faces Verdin Street NW. Due to the fact that the property to the north fronts on Verdin Street NW, this setback is actually 35 feet. As a result, the proposed home will not fit within applicable setbacks as shown in the attachments. An attached letter further describes the situation. As with all variances, hardship must be demonstrated to vary from the City Code. The standards used to evaluate hardship are as follows: 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 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. The items that the applicant has brought to staff s attention include the following: 1. A misunderstanding about the lot and the building pad being ten feet narrower than they believed. 2. The home was designed to meet the minimum house size required by Woodland Development (see attached). 3. The home is no larger than a typical home that is being constructed within Woodland Estates 6 th Addition (see table below comparing lots that have been issued building permits). 4. The curve of the west property line which will prevent the side of the proposed house from aligning with the front of a house on the property to the north (as is the intent of the 35 foot setback). CITY OF ANDOVER • COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R A RESOLUTION APPROVING/DENYING A VARIANCE TO REDUCE THE SIDE YARD SETBACK FROM 35 FEET TO 29 FEET FOR PROPERTY LOCATED AT 2451 154 AVENUE NW LEGALLY DESCRIBED AS LOT 17, BLOCK 1 WOODLAND ESTATES 6 TH ADDITION WHEREAS, the Planning Commission has reviewed the request to vary from City Code 12 -3 -4 to reduce the side yard setback for the subject property from 35 feet to 29 feet, and; WHEREAS, the applicant has provided the following findings for the Planning Commission to consider: I . There was a misunderstanding about the lot and the building pad is actually ten feet more narrow than the applicant believed. 2. The home was designed to meet the minimum house size required by Woodland Development. 3. The curve of the west property line which will prevent the side of the proposed house from aligning with the front of a house on the property to the north (as is the intent of the 35 foot setback). WHEREAS, after review the Planning Commission finds and recommended approval/denial of the request, and; WHEREAS, the City Council has received the recommendation of the Planning Commission, and; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover approves /denies the proposed variance request to reduce the side yard setback for the subject property from 3 5 feet to 29. Adopted by the City Council of the City of Andover on this th day of , 2005. CITY OF ANDOVER ATTEST: Michael R. Gamache, Mayor Victoria Volk, City Clerk 0 • May 31, 2005 To the appropriate committees at the city of Andover. We are requesting a variance for the change in the side -yard set -back for the lot at 2451 154 Ave NW in Woodlands sixth addition. We chose this particular lot because its location in the development and it is one of the largest lots in the development. The house that we designed specifically for the lot would afford us the size we need in order to achieve the minimum build requirements for block one of the development which is more stringent than other blocks in the development. Despite being one of the largest lots, this lot has one of the smallest building pad widths because the side yard set -back on Verdin is 35 feet. The original engineering documents show 25 feet as the set -back. Based on the original information we believed our building pad was 10 feet wider than the actual. We were under the impression that the standard 25 foot set -back was in place. We understand that the purpose of the setbacks are to align the structures for a pleasing appearance. When the houses are comer lots and not back to back the movement from the 25 foot set -back to the 35 foot set -back aligns the house side with the house front on the next lot. In this case, the curve of the road on the West side of the property prohibits the alignment of the homes regardless if the set -back is met. We had the house plan flopped, so the garage would be on the right side to obtain the maximum buildable pad in order to fit the house to the surrounding homes. Despite flopping the house to take advantage of the 6 foot set -back on the East side line, when accommodating for the discovered 35 foot side -yard set -back, the lots buildable width is not sufficient. The width of the house and garage is as small as it can be. The house is designed to meet the minimum house size with a garage big enough to park our two cars and our boat, which must be stored inside according to the covenants. The homes on the cul-de -sac that are built now are fine homes of adequate size for the development and in order for our house to fit in and meet the minimum requirements and our basic needs, the setback needs to he changed. Please consider the variance for immediate approval so that our family can complete our home project and begin to enjoy the benefits of living in one of the finest cities around. Thank you for your consideration! Sincerely, ----- 7 IC Andrew and Elisa Stoner 2732 17e Ave NE Ham Lake, MN 55304 • i �sa.a ock) n� ar /o F� X � L t' I C I T Y © r NDOVE • 1665 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 Planne SUBJECT: PUBLIC HEARING: Lot Sp it (05 -09) to create a new rural residential parcel from property located west of 17350 Ward Lake Drive. DATE: June 14, 2005 INTRODUCTION The purpose of the lot split is to separate property that will be retained by the applicant (Parcel B) from property intended to be sold to another party (Parcel A). The applicant also owns the adjoining property to the south of both Parcel A and B. DISCUSSION Both of the properties will exceed the minimum lot area and will have frontage on a public street. However, the lot split will cause Parcel B to front on Ward Lake Drive where it would have less than 300 feet of lot width at the front yard building setback line. Technically a variance will be needed for the approximately 140 feet of lot width on Parcel B. Two scenarios have been identified for the future of Parcel B. The first scenario would involve combining the parcel with the adjoining property to the north for a rural residential development. Such a development would provide access to lots from a new public street entering from Ward Lake Drive. The second scenario would be for th property to remain in the Green Acres program and continue to be farmed by the applicant. Staff Recommendation Staff recommends approval of the lot split and variance based on the fact that the property will remain in the Green Acres program and continue to be farmed or will be platted in conformance with City requirements, thus eliminating the need for the variance. Park Dedication and Trail Fees These fees will be collected at the time the property is developed and a nexus between the demand for parks and trails and fees can be demonstrated. ACTION REOUESTED The Planning Commission is asked to recommend approval or denial of the proposed lot split. Attachments Resolution Location Map ae• c 1 tted, 91 Cc: Richard Kuiken, 16541 Hanson Blvd NW James Kuiken, 8535 Central Ave NE Blaine, MN 55434 635.00 feet and a central angle of 05 degrees 57 minutes 20 seconds, a distance of 66.00 feet, the chord of said curve bears North 49 degrees 59 minutes 33 seconds West; thence South 49 degrees 47 minutes 37 seconds West, a distance of 1652.89 feet to the point of beginning. WHEREAS, the applicant has requested approval of a lot split to subdivide property pursuant to City Code Title 13, and; WHEREAS, the applicant has requested approval of variances to the 300 foot minimum lot width requirement to allow Parcel B to have a lot width of approximately 140 feet, and; WHEREAS, the Planning and Zoning Commission finds that the special circumstances for the subject property include the following: 1. The property will remain in the Green Acres program and continue to be farmed or will be platted in conformance with City requirements. 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; is WHEREAS, The Council finds the proposed use will not be detrimental to the health, safety, morals and general welfare of the occupants of the surrounding land, 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: 1. Park Dedication and trail fees will be collected in the future when the subject property is platted. 2. That the lot split be subject to a sunset clause as defined in City Code 13 -1 -6 F. 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Il k as IN Ed I a s i•'Ya 3N 5 °� �C y's'�gE!F 55�a � wq .� 5P e'p �9 �•A°T• ' I. \ \�v f �:b. �5y � [pE iQ �rf 3� r5 f kGO�((y�•�� 4q ��.� °S�+ i Z b ( F5� 6 h '. * � Q R R. E F 4 ♦♦ �i. ! ga G m.�wu...- . -w'WrA a.... -r 8 #S ,x .m'6o�iY w +r. r .- M wJLms 8 0!i • _ _ __ _ MUM — Aywow a Old mme _ '�.il1Hl10J) OildA3lf109 NOSNdH e s s c�l� 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 Commissioners CC: Courtney Bednarz, City Planner FROM: Chris Vrchota, Associate Planner 4 0 DATE: June 14, 2005 SUBJECT: PUBLIC HEARING: Rezoning (05 -07) to change the zoning from Single Family Rural Residential (R -1) to Single Family Urban Residential (R -4) for property located at 1140 Crosstown Boulevard 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: in 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). The approximately 40 acres directly adjacent to the property has been given preliminary plat approval for an urban development. City sewer and water will be available to the property when the utilities are installed for 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. Respectfully submitted, • Chnstopher Vrchota S Cc: Harstad Hills Inc., Attn: Marty Harstad, 2195 Silver Lake Road, New Brighton, MN 55112 a > 0 c < . 41111 • 0 >1 I f t Y9 w z O 10 Ed z y Q �cz W :5; 3 8 OW w iri L COO . . ...... . . --lellm IVNd ------ - - - ------ 2t IS ClOOM031 r - -- -'" %', � —.—_ —. , � \ �c� ,.�-' �\ f- -� —� FN yr' , - 33 V 7 � Y '� .�� '` `.'� . '�,X�,� \ y�� T � + _'— �.._i� -- i' •`v L__ s INDOV EP • 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 CC: Courtney Bednarz, City Planner FROM: Chris Vrchota, Associate Planner # DATE: June 14'', 2005 SUBJECT: PUBLIC HEARING: Lot Split (05 -08) to create a new urban residential lot from property located at 1140 Crosstown Boulevard NW. INTRODUCTION The applicant is proposing to split an existing rural residential lot into two urban residential Pots. The property contains an existing house and a detached garage. The property owner is working with the developer of "Sophie's South" to incorporate this property into the proposed development. DISCUSSION The lot split would require the property to be rezoned from R -1 Single Family -Rural Residential to R -4 Single Family -Urban Residential. The attached survey illustrates the proposed lot split. After • rezoning, both lots will meet the dimensional requirements of City Code 12 -3 -4 as indicated in the table below: Existing Garage The existing garage is to be demolished. Existing House The applicant is still considering his options with the existing house located on parcel B. The house will be evaluated to determine if it can be renovated and updated to be compatible in style and quality with the houses that will be built as a part of the "Sophie's South" development. It may be possible to "turn' the orientation of the house without physically moving the structure, allowing it to face 154` Avenue. The house would meet all minimum district setback requirements. If it is determined that the house could not be made compatible with the houses in "Sophie's South", or that doing so would carry too great of a cost, the house would be razed and a new house built. 0 R -4 Parcel A Parcel B Requirements Lot Width 80 feet 80 feet 114.26 feet Lot Depth 130 feet 208.6 feet 208.6 feet 0.2617 acres 0.38 acres 0.62 acres Lot Area 11,400 s.f.) (16,688 s.£) 26,826 s.f. Existing Garage The existing garage is to be demolished. Existing House The applicant is still considering his options with the existing house located on parcel B. The house will be evaluated to determine if it can be renovated and updated to be compatible in style and quality with the houses that will be built as a part of the "Sophie's South" development. It may be possible to "turn' the orientation of the house without physically moving the structure, allowing it to face 154` Avenue. The house would meet all minimum district setback requirements. If it is determined that the house could not be made compatible with the houses in "Sophie's South", or that doing so would carry too great of a cost, the house would be razed and a new house built. 0 CITY OF ANDOVER COUNTY OF ANOKA • STATE OF MINNESOTA RES. NO. A RESOLUTION APPROVING THE LOT SPLIT REQUEST OF HARSTAD HILLS INC. TO SUBDIVIDE A RESIDENTIAL LOT INTO TWO URBAN RESIDENTIAL LOTS FOR PROPERTY LOCATED AT 1140 CROSSTOWN BOULEVARD NW (P.I.D 23- 32 -24 -13 -0003) LEGALLY DESCRIBED AS: That part of the Southwest Quarter of the Northeast Quarter of Section 23, Township 32, Range 24, described as follows: From the Southwest corner of said Southwest Quarter of the Northeast Quarter; thence North on the west line of said Southwest Quarter of the Northeast Quarter a distance of 880 feet, more or less, to the centerline of the public highway; thence North 52 degrees East on the said centerline of public road a distance of 535 feet to the actual point of beginning; thence southeasterly at right angles 208.6 feet; thence southwesterly at right angles 208.6 feet, thence northwesterly at right angles 208.6 feet to said center of public road; thence northeasterly on said centerline 208.6 feet to the point of beginning. Subject to roads and easements of record if any. To be divided into properties to be described as; PARCEL A The Northeast 80.00 feet of that part of the Southwest Quarter of the Northeast Quarter of Section 23, Township 32, Range 24, described as follows: From the Southwest comer of said Southwest Quarter of the Northeast Quarter; thence North on the west line of said Southwest Quarter of the Northeast Quarter a distance of 880 feet, more or less, to the centerline of the public highway; thence North 52 degrees East on the said centerline of public road a distance of 535 feet to the actual point of beginning; thence southeasterly at right angles 208.6 feet; thence southwesterly at right angles 208.6 feet, thence northwesterly at right angles 208.6 feet to said center of public road; thence northeasterly on said centerline 208.6 feet to the point of beginning. Subject to roads and easements of record if any. PARCEL B That part of the Southwest Quarter of the Northeast Quarter of Section 23, Township 32, Range 24, described as follows: From the Southwest corner of said Southwest Quarter of the Northeast Quarter; thence North on the west line of said Southwest Quarter of the Northeast Quarter a distance of 880 feet, more or less, to the centerline of the public highway; thence North 52 degrees East on the said centerline of public road a distance of 535 feet to the actual point of beginning; thence southeasterly at right angles 208.6 feet; thence southwesterly at right angles 208.6 feet, thence northwesterly at right angles 208.6 feet to said center of public road; thence northeasterly on said centerline 208.6 feet to the point of beginning, lying Southwesterly of the Northeasterly 80.00 feet thereof. Subject to roads and easements of record if any. WHEREAS, Harstad Hills Inc. has requested approval of a lot split to subdivide a residential property pursuant to City Code 13 -1, located at 1140 Crosstown Boulevard NW; and -- . '. . ,---------... I . I I I I I I I I ~ e I ,~ ~ I"".. - <.,) lit J "'" _~-' -J E , ,'" ~- -J oijj \.._1.# en ~ a 0 g '" g 1:. it .. :a ~ <rl 0 N'" :;: a ~o O,eUJ . Z ~ Il: !if\) ~ CD ;; ~ ~ -~ c w -eo 0 .!!! 0 "" w C)"'I:;,~\)g~;ll<Oo 10;;;:<.2: W~:!Ij~Oa."'~"''i! 0,,;;'" ..J ;;: III !if ' ';; fJ ... in a.. ~ c:[ a.. .I:: cae <(....0 ' go.S:o :E' _(t\mO ......:=0(1) I'i ' I 'J' , i I ; l' ,,// I I ' i i I I' /"...------/ r--- ,1 ~--- ..---'. I \ Iii i I I I 1/,-- ..--.-,/-- I I I I ~ ,L ,..--J---- ...-~r~- .....__. i ,~ --1---------- , '; -" ", I Ii' ! I 1\\, ! I' ii, I ' ! I 'I \ \ I -l..l I ! ' , \ '. ~ , I r--~ I I '~\\ I L-,', i i I , I' /' I I " ' HI fafoM03*~!\~\ /) HI ~,~ i II \ i 1.LS"3'80VNO;l;Sf' Y \ ' r ----~ ' o~ rTI-~ \<\ \ I \,..~ I I' " \~---i' / \ i I I " /" ' \ \. ....! i \. ~ ! i \ 1 . , ! , I S:-/I~ ,I r CiII I" I 1 I " I L '~ "$'" ---~ - ,_- ./ '\\'~ --~!T /, " '.y~..J...l..LL /"'~ ~.), A''-?\1TT I e c� or lyDO� 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: Andy Cross, Associate Planner 4JX SUBJECT: PUBLIC HEARING: Preliminary Plat of a single - family rural residential development to be known as Brook Crossing located to the southwest of Hanson Boulevard and 177 Avenue. DATE: June 14, 2005 INTRODUCTION The Planning Commission is asked to review the preliminary plat for a ten -unit residential subdivision. There are two variance requests associated with this proposal. DISCUSSION Lots The preliminary plat complies with the Single Family Rural Residential (R -1) zoning district, with the exception of one lot. Lot 1, Block 2 is only 2.02 acres in size. This is due to the request by Anoka County that no private driveways be given access onto Hanson Boulevard. An internal road has been designed for Brook Crossing to accommodate the County Highway Department's request. The right -of -way for the internal street and the wetlands on the site have restricted the design and layout of the lots. A variance has been requested to permit a 2.02 -acre lot in the R -1 Single Family Rural Residential zoning district. The Building Department indicated that the locations of the septic system drainfields on lots 2 & 3, Block 2 may complicate the placement of driveways on those lots. Driveways must not cross over drainfields, as this can compact the rock and soil mixes and disrupt the drainage. Access and Streets All the streets on the preliminary plat meet minimum width requirements. 175 Lane, which heads west off Hanson Boulevard into Brook Crossing, is proposed as a permanent cul -de -sac. The City Code places a 500 -foot length limit on cul -de -sacs. 175 Lane is proposed to be 1,650 feet long. A variance has been requested to permit the development of this longer dead -end. Hummingbird Street will be stubbed on the north end of the development. When the area to the north of Brook Crossing is devel in the future, Hummingbird Street can be extended and will reduce the cul -de -sac on 175 Lane to 350 feet. Findings for the variances are in the resolution. Easements The typical ten foot wide side yard and ten foot wide front and rear yard drainage and utility easements will be provided on each lot. Where necessary, easements will be expanded to include CITY OF ANDOVER . • COUNTY OF ANOKA STATE OF MINNESOTA RES. NO R -05 A RESOLUTION APPROVING THE PRELIMINARY PLAT OF "BROOK CROSSING" ON PROPERTY LOCATED IN SECTION 3, TOWNSHIP 32, RANGE 24, AS ILLUSTRATED ON EXHIBIT A. The East half of the Southeast Quarter of Section 3, Township 32, Range 24, Anoka County, Minnesota. WHEREAS, the Andover Review Committee has reviewed the preliminary plat; and WHEREAS, pursuant to published and mailed notice thereof, the Planning Commission has conducted a public hearing on said plat, and; WHEREAS, as a result of such public hearing, the Planning Commission recommends to the City Council the approval of the plat, and; WHEREAS, a variance has been requested to City Code 12 -3 -4 that will allow the development of a 2.02 -acre lot in the R -1 zoning district, and; WHEREAS, the Planning Commission recommends approval of this variance based on the following findings: • The Anoka County Highway Department has prohibited placement of driveways onto Hanson Boulevard (CSAH 78), and • An internal road has been designed to accommodate this, and • The right -of -way for the internal street and the wetlands on the site have restricted the design and layout of the site, and; WHEREAS, a variance has been requested to City Code 11 -3 -3 -G that will allow the construction of a cul -de -sac longer than 500 feet, and; WHEREAS, the Planning Commission recommends approval of this variance based on the following findings: • There is potential for the collector street to continue north and eliminate the variance in the future. • No involvement from the properties to the west prevent another street connection at this time. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning Commission and approves the preliminary plat with variances to City Code 12 -3 -4. and City Code 11 -3 -3 -G subject to the following conditions: 3 , .--------1 I I '. I , ' , I , I , I ! I ~ _,d. ~ ...'tI>, ,6 u .... '\. .,,#\~l :j .~ "' -," ,. .. ." '5 ~ !!l 1il o 8~tJ ",Cl i5 Z ~ ~ "'0- '" 0" 0. ~ < " "!9 < 8 · · g · ~ ;I,~ a 9 B i ~ ~ ~ ~ G i ~ e ~ ~ Q. :I ~ ~IT--" ;;; ~ ~ ,!!i W <C .... .., ,.1-"" '" ~ ....D ",'.. '" ;,; ;,; ~ :::= ' " ;; ;; in .c 0 0 1l o a. co .... '''T ' ;:~;;5 'I i I' (..~,:'" 0 en t I -._",."'..... ' /,/ >- , i I ! I '<'-, / / '\ , ,A,..l. ' . ["" "..~"..~/'" ..... __'_'~", '=~,," 10MU,' 1~'", ' ,--..-'" I '\ \ ,._. ::I^ I ' ..~- ' i 1 I ' ,'''-'''-- -I Ii..... I ", \ I I ' . '\ ", I \ ' I ' , l' , " >~_,~_....,__~ " ,L_ _ ,-1 ., '\ (' / I I' \ i I (", '" ' I l ' ' 1--"-,,, 1 '\ '<::J__- ,_-L,-J I, :! .." 1--T......'''---, 1 C..., '" ..--\ '. I , I i~-i \- ,--- ! I '" I \ --tT-t~r-r \ , I \II----J. ' ~---....~., ~ ! ...... I " : '--"""-"''---'\... J ' " ' . ',,- I I I I' -", ,! ' , '\ , .._,....1___L.... ...J ' ,I \ ' L _ ___~--~-.- ------- --,--,.~-- ",..".., , ',..,-"'-/ - ----, I ' -_.."..--'-', ,-..- Ll-l~-[J- 1----: T , "---r- .' I ' ,!, __ I '; I ,--"/ !!': ______~-~~ ;--------i. I i ! I I i , i I I i I ! I! I , ,I! I I ~ I I , I i I " ,...."....___,,, __~_,.,_,_'" _,,, 1- i ' , ; \ i r I~ i ""\,I r-' -; /7 ".. "'~'-"-'--"~--"" 1 I ,--_~~,...---l L"",,, _,,_,__L / I'''' ; 'I ' \ _, . ~~~--... I .. ,.L__".......~ I ..: S'300ra:t<ro<f-'.. __ J ' I) r--- _ _ ' " ," / ;..=uta.t q.v.o..:-:::-: , I :_.." _<-"',' i ,: I I \ \ i " /, : I 'I I '", ',J ,; I- - ' """ , ' I ' >>" I / / ---L-, f If!: ; 1--....] , ''r'--~ i"" ; ,__>1: / """y/. ,"-'~,' /,,' I ,"',,', ~~.......,h........I' ", /...., /\ j I / ,,/! ,,' 'N ''.j ;I;,~ ",'_/ /. /' . / ' ~__ I" I _ " _ , 'Y ',~" / ^ ~",;> , i _',/ / \ \ \ . ',' ,~", I 10' I - , I ", I " ' I~ ",_./'.Y i'a "1 y , ~ 18 Regular Andover Planning and Zoning Commission Meeting Minutes — December 14, 2004 is Page 5 Mr. Quigley stated in regards to the ghost plat, the road was configured in proportion to the sensitivity of the owner. Mr. Bednarz stated in consultation with the owner, he requested the road where it is shown. It is not necessarily the responsibility of the developer to ghost plat if they can show adequate access to their development. Mr. Bednarz stated there are different issues regarding urban and rural development. Mr. Bednarz stated regarding the ghost plat issue, they do require some demonstration that there is a feasible way to extend streets and allow a feasible lotting layout under the regulations to be achieved, what they do not have are a grading plan, soil borings or a lot of detailed information about properties that are not involved in the plat so it is not possible to go to that level of detail other than to assure that base of information is taken into account. Motion by Greenwald, seconded by Kirchoff, to close the public hearing at 7:51 p.m. Motion carried on a 4 -ayes, 0 -nays, 0- present, 3- absent (Gamache, Vatne, Jasper) vote. Commissioner Greenwald stated it was about six months ago when they looked over the transportation plan and he wondered if this was one of those items they were potentially not going to connect, 177 He stated when they look at a development regarding ghost plats, all he ever thinks about is that when a developer brings in a potential residential sketch, that they are not land locking and that there is some consideration for the connection property. He never thought of this as a requirement but it is nice to see how the properties will go together in the future. Commissioner Greenwald asked if changing the transportation plan was something that needed to be done. Mr. Bednarz stated regarding the transportation plan, they addressed a couple of months ago a very specific item in the transportation plan concerning collector streets. When that reached the Council, through their discussion, they identified some other items as well as their desire to have a general discussion about the transportation plan in general and a number of changes that could be made to it. Commissioner Kirchoff thought that every time they have a sketch plan, they like to see how everything will connect. He was satisfied with the sketch of adjacent property. Urban areas are harder to show this. They have a lot of issues of people having drive ways on roads that have an ADT of fifty and a future ADT being greater. He stated he cannot see putting any more driveways on Hanson Boulevard. Commissioner Greenwald concurred. Chairperson Daninger thought the only concern the Commission saw was the access off Hanson Boulevard. Mr. Bednarz stated that this item would be before the Council at the January 4, 2005 City Council meeting. J*:CH AND AIE COMPANIES, INC. BROOK C R O S S I N G SUBDIVIDER: 1875 STATION PARKWAY NW. 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