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HomeMy WebLinkAbout11/14/06C T `i' O F D0VE • 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 November 14, 2006 Andover City Hall Council Chambers 7:00 p.m. 1. Call to Order 2. Approval of Minutes — October 24, 2006. 3. PUBLIC HEARING: Lot Split (06 -07) to create two lots from Lot 1, Block 3, Andover Station North, 4. PUBLIC HEARING: Lot Split (06 -08) to create two lots from Lot 24, Block I. Parkside at Andover Station. 5. Other Business: 0 6. Adjournment 0 A C I T Y 0 F NLDb 06 WE 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 October 24, 2006 DATE: November 14, 2006 Request The Planning and Zoning Commission is asked to approve the minutes from the October 24, 2006 meeting. 0 • CITY oi't.�. PLANNING AND ZONING COMMISSION MEETING — OCTOBER 24 2006 The Regular Bi- Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Vice Chairperson Kirchoff on October 24, 2006, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota- Commissioners present: Chairperson Daninger (arrived at 7:30), Commissioners Tim Kirchoff, Rex Greenwald, Michael Casey, Valerie Holthus and Devon Walton. L� Commissioners absent: Also present: Michael King. Associate Planner, Andy Cross Associate Planner, Chris Vrchota Others APPROVAL OFMINUTES. October 10, 2006 Mr. Vrchota indicated on page 4 the item states Chairperson Daninger stepping down for conflict of interest but the motions indicated all seven Commissioners. The motion should be 6 ayes, 1 abstain ( Daninger). Motion by Holthus, seconded by Casey, to approve the minutes as amended. Motion carried on a 5 -ayes, 0 -nays, 2- absent (King, Daninger) vote. PUBLIC REARFNG: CONDITIONAL USE PERMIT (06 -08) TO ALLOWA LICENSED FARM WINDERY ON PROPER TYLOCATED AT 3482165 LANE NW. Mr. Cross noted Mark Hedin has applied to amend his existing Conditional Use Permit to allow a farm winery on his property. Mr. Cross discussed the staff report with the Commission. r� U Regular Andover Planning and Zoning Commission Meeting Minutes — October 24, 2006 Page 2 Commissioner Greenwald asked why they would want to discuss the maxim amount • of wine. Mr. Cross indicated that maybe one point when looking at the CUP, because the CUP process is a tool that allows them to place reasonable conditions on the applicant. Vice Chairperson Kirchoff asked if staff had a problem with selling wine versus selling other items at home business occupations. He asked if a liquor license will be required. He stated the applicant has indicated there will not be a retail element here. They are looking at the quantity element. Vice Chairperson Kirchoff thought it was inevitable they would sell the wine and he wondered if this was an issue that could be considered. Mr. Cross stated that was a condition they could discuss and include with the Conditional Use Permit. Motion by Casey, seconded by Greenwald, to open the public hearing at 7:06 p.m. Motion carried on a 5 -ayes, 2- absent (King, Daninger) vote. No one wished to address the Commission. Motion by Casey, seconded by Holthus, to close the public hearing at 7:06 p.m. Motion carried on a 5 -ayes, 2- absent (King, Daninger) vote. Mr. Mark Hedin, 3482 165' Lane NW, stated the farm winery license he is asking for does include retail sales. He stated he applied for this license in order to make more than 200 gallons of wine per year and in order to sell wine. He stated this is a liquor license but not the type they are used to seeing. He stated this is the lowest level of license, , which allows someone who has a farm production to produce wine. He noted the State has come and looked at his farm and indicated it was the type of license he needed. He stated he did not have any intention of having a warehouse, wine tasting area or expanding the business to more buildings. Commissioner Holthus asked if all the produce for producing wine would come from his farm. Mr. Hedin indicated it did not. Commissioner Holthus asked if he would need a license from the USDA. Mr. Hedin indicated the only time he would need one is if he bought produce from out of state. He stated he gets some of his grapes from a friend in Minnesota. Commissioner Greenwald asked if Mr. Hedin would need to have more employees. Mr. Hedin stated he would not. He did not understand why there would be limits on producing wine. Commissioner Holthus stated she checked with other cities regarding wineries and as far as land use goes, the other cities have certain areas where they allow wineries in their cities. Regular Andover Planning and Zoning Commission Meeting Minutes — October 24, 2006 • Page 3 Commissioner Walton asked if Mr. Hedin had any idea what his capacity is. Mr. Hedin stated he did not but the entire operation is inside and would not be seen from the outside. Commissioner Walton asked if he would do advertising or would it all be word of mouth. Mr. Hedin stated he might. Commissioner Walton asked if there would be any signage. Mr. Hedin indicated there would not be. Commissioner Greenwald asked when the applicant would have to come back to get another CUP. Mr. Cross stated if there were no ceilings or limit put on the CUP, then it would be open ended. Commissioner Greenwald did not think they would need to talk about the maximum amount of wine because if Mr. Hedin added on,.he would have to come back before them. Vice Chairperson Kirchoff asked if they would be in violation of City ordinances if they were to recommend approval of this. Mr. Cross stated he discussed this with the City Clerk and she could not find any conflicts. Commissioner Greenwald wondered what would happen if someone were to get sick from drinking the wine. Mr. Hedin stated wine is different from other beverages and food, bacteria cannot live in wine and if the wine was bad, it would not be drinkable. Mr. Hedin indicated he has received many ribbons and awards and he knows his wine. He noted he also belonged to a wine club. He stated he can only sell wine and cannot sell any other kinds of liquor. He stated he is regulated by the State and has to keep excellent records in order to pay taxes on sales. Commissioner Greenwald thought they may want to put in the motion something that would regulate this operation to the State level. Mr. Hedin stated he has to follow the State and Federal regulations, which are very stringent. Commissioner Walton asked if there was any regulation regarding consumption of wine on his property. Mr. Hedin stated he could serve wine on his property because it is private. He stated the license has nothing to do with consumption. Commissioner Holthus asked when Mr. Hedin anticipated getting his Federal license. Mr. Hedin stated he could apply his Federal level in conjunction with the City license but the State license will need to be applied after the city and Federal licenses have been issued. Commissioner Walton thought the only issue would be consumption of wine on the premises after selling the wine. Commissioner Casey thought they were a little bit beyond their means. He thought they should be looking at the issues related to the CUP parking, hours of operation, etc but he thought they were already addressed in the staff report and thought the license was not the issue because the State and Federal Governments are fine with issuing the licenses. Regular Andover Planning and Zoning Commission Meeting Minutes — October 24, 2006 Page 4 Motion by Casey, seconded by Greenwald, to recommend to the City Council approval of the Conditional Use Permit Amendment. Motion carried on a 5 -ayes, 0 -nays, 2- absent (King, Daninger) vote. Mr. Cross stated that this item would be before the Council at the November 8, 2006 City Council meeting. Chairperson Daninger arrived at 7.30 p.m. Chairperson Daninger apologized for being late to the meeting and indicated he had a conflict of interest with the previous case. VARIANCE (06 -05) TO vARY FROM POOL FENCE REQUIREMENTSAT 16659 ELDORADO STREET NW. • Mr. Vrchota explained the applicant is requesting a variance to City Code section 9-4-5 - A. The provision in the City Code that requires fencing around pools is intended to protect children and others from gaining access to a swimming pool, either intentionally or unintentionally. It also serves to protect the owner of the pool from possible legal repercussions in the case of an accident. • Mr. Vrchota discussed the staff report with the Commission. Commissioner Kirchoff asked if the waivers are granted at the time the building permit for the pool was requested. Mr. Vrchota indicated that was correct. Mr. Dan Mus, 16659 El Dorado Street NW, stated at the time he got his permit to put the pool in he did not realize that they made the type of covers he purchased for $12,000. He stated the cover he has is very safe and it actually has a lock on it to prevent people from entering the pool. He stated they have had three pools and did not believe fences worked because over the years they have come home to find kids swimming in their pool. Chairperson Daninger stated what guides him is when they approve a variance, and asked other than cost, what is a reason they should approve the variance? He wondered what other reasons Mr. Mus had for not installing a fence. Mr. Mus stated fences are not safe like this pool cover. He stated this is the first time he has felt safe with having the pool cover on. He stated he lives on ten acres without anyone around him and believed the cover is safer than a fence. Commissioner Walton asked when he applied for the permit for the pool was he aware of the requirement of a fence. Mr. Mus stated he was aware of it in other communities but did not know the requirement in Andover. Regular Andover Planning and Zoning Commission Meeting Minutes — October 24, 2006 Page 5 • Commissioner Holthus asked where the cover is stored when not in use. Mr. Mus indicated it rolls up into the side of the pool. Chairperson Daninger asked when Mr. Mus became aware that he needed to install a fence. Mr. Mus indicated it was when he received the notice. He stated he had Councilmember Knight come out to his house to look at the cover and Councilmember Knight indicated his son had a cover like his and that it was a great cover and he would not vote against this. Mr. Mus stated he was asking for an alternative to a fence, which actually works. Commissioner Greenwald stated he cannot allow this variance because it does not meet any of the State Statutes for meeting the variance. Mr. Mus stated there are many cities in Minnesota that approves these types of covers in lieu of a fence. Chairperson Daninger indicated he could not live with himself if he granted this variance and some child fell in the pool and was injured if the pool cover was off. Motion by Greenwald, seconded by Holthus, to recommend denial of the proposed variance because it does not meet any of the requirements they would need to approve the variance. Motion carried on a 6 -ayes, 0 -nays, 1- absent (King) vote. Mr. Vrchota stated that this item would be before the Council at the November 8, 2006 City Council meeting. . VARIANCE (06 -06) TO VARY FROM THE DRIVEWAY SETBACK REQUIREMENTS OF CITY CODE 12 -13 -9 TO ALLOW ACCESS TO PROPERTY LOCATED AT 13421 ROUND LAKE BOULEVARD NW. Mr. Cross stated the applicant is the Anoka County Community Action Program (ACCAP). They seek a variance to allow a driveway access across another property to provide access to the subject property. The driveway would provide access to a new house. Mr. Cross discussed the staff report with the Commission. Commissioner Casey asked where the water and sewer stubs tie in for the new property. Mr. Cross stated he was made aware sewer stubs were available to this property but he did not where it is at. • , I Regular Andover Planning and Zoning Commission Meeting Minutes —October 24, 2006 Page 6 Commissioner Greenwald thought they would have to allow some type of access to the • property because the County will not allow them access to the County road. He thought this may be the hardship. Commissioner Walton stated he was looking at the resolution and it indicates a variance for the driveway to allow access and he did not see anything for the curb cut, which is what they were actually reviewing to approve. Mr. Cross stated the 12 foot easement does cover the curb cut and driveway to allow more flexibility when constructing the driveway. Commissioner Kirchoff asked if they could shift the curb cut to the west so they would not need a variance. Ms. Donna Mattson, ACCAP, indicated she was at the meeting for questions. Chairperson Daninger asked if they have looked at any other housing designs. Ms. Mattson indicated they have. Chairperson Daninger wondered where the headlights will shine when entering the driveway. Ms. Mattson was not sure but indicated they will take that into consideration and do what is necessary to fix any potential problems. Chairperson Daninger wondered if the house will look backwards to the surrounding neighborhood. Ms. Mattson indicated they did look at other house designs that would • face Round Lake Boulevard and with the fence there, if the house were facing Round Lake Boulevard, it would look backwards. She noted the house will not be seen from Round Lake Boulevard. Chairperson Daninger asked if ACCAP owned the duplex in front of the lot in discussion. Ms. Mattson indicated the duplex is owned by them and is used as a rental. Ms. Mattson indicated when she applied for the permit, she did not realize the variance was only for the curb cut, she thought it was for the entire driveway and she would like to continue with the process of getting a variance. Motion by Greenwald, seconded by Casey, to recommend approval of the variance based on the resolution. Motion carried on a 6 -ayes, 0 -nays, 1- absent (King) vote. Mr. Cross stated that this item would be before the Council at the November 8, 2006 City Council meeting. OTHER BUSEVES& Mr. Cross updated the Planning Commission on related items. Regular Andover Planning and Zoning Commission Meeting Minutes — October 24, 2006 Page 7 • ADJOURNMENT. Motion by Walton, seconded by Casey, to adjourn the meeting at 8:15 p.m. Motion carved on a 6 -ayes, 0 -nays, 1- absent (King) vote. Respectfully Submitted, Sue Osbeck, Recording Secretary TimeSaver Off Site Secretarial, Inc. • A 00V Y O F E • 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, Associate Planner 0 SUBJECT: PUBLIC HEARING: Lot Split (06 -07) to create two lots from Lot 1, Block 3, Andover Station North. DATE: November 14, 2006 INTRODUCTION The Andover Economic Development Authority (EDA), which owns the lot, is requesting the lot split. The lot split would allow the EDA to move forward with a land sale to Daniel DeShaw /Thurston Funeral Homes for a proposed funeral home on parcel A. The EDA would continue to market parcel B as a site for a light industrial or office building. DISCUSSION The property is zoned General Business (GB) and does not need to be rezoned for the lot • split or for the proposed funeral home. After the lot split, both lots would exceed the minimum lot width, depth, and area requirements for the GB zoning district. Access There will be a driveway entrance off of Jay Street on the north side of parcel A. There will be a cross access agreement across the north 50 feet of parcel A providing driveway access to parcel B. The cross access agreement is a condition of approval for this lot split. Easements There will be a drainage and utility easement across the north 50 feet of parcel A, which will be covered by the cross access agreement. There will also be a 45 -foot drainage and utility easement across the south 45 feet of parcel A for the construction of private utility lines. All other necessary easements were granted when the lot was originally platted. Utilities Utilities for these lots were provided when the improvements for Andover Station North were installed during the fall of 2005. The sewer and water lines will be constructed through the drainage and utility easement on the south side of parcel A. Park Dedication Park dedication fees equal to 10% of the purchase price of the land will be collected at the time that the lots are sold. E] Staff Recommendation Staff recommends approval of the lot split subject to the conditions of the attached resolution. • Attachments Resolution Location Map Property Survey- `Exhibit A" Preliminary Site Plan (For Informational Purposes) ACTION REQUESTED The Planning Commission is asked to recommend approval or denial of the proposed lot split. Respectfully submitted, 4 e-- Chris Vrchota Cc: Jim Dickinson, Executive Director - Andover EDA, Will Neumeister, Community Development Director C1 i -,7-- CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA • RES. NO. A RESOLUTION APPROVING THE LOT SPLIT REQUEST OF THE ANDOVER ECONOMIC DEVELOPMENT AUTHORITY TO SUBDIVIDE A COMMERCIAL LOT INTO TWO COMMERCIAL LOTS FOR PROPERTY LOCATED NORTHWEST OF THE INTERSECTION OF HANSON AND BUNKER LAKE BOULEVARDS AND LEGALLY DESCRIBED AS: Lot 1, Block 3, ANDOVER STATION NORTH, according to the recorded plat thereof, Anoka County, Minnesota. Subject to easements of record. To be divided into properties to be described as; PARCEL A: The west 318.24 feet of Lot 1, Block 3, ANDOVER STATION NORTH, according to the recorded plat thereof, Anoka County, Minnesota. Subject to easements of record. PARCEL B: That part of Lot 1, Block 3, ANDOVER STATION NORTH, according to the recorded plat thereof, Anoka County, Minnesota, lying east of the west 318.24 feet thereof. Subject to easements of record. WHEREAS, the Andover Economic Development Authority, the applicant, has requested approval of a lot split to subdivide a commercial property pursuant to City Code 13 -1; and WHEREAS, The Planning and Zoning Commission has reviewed the request and has determined that said request meets all requirements of City Code 13 -1 Splitting Lots, Parcels or Tracts of Land; and WHEREAS, a public hearing was held pursuant to state statutes; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the lot split as requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the lot split on said property subject to the following conditions: 1. The applicant shall file separate easement documents with Anoka County granting easements as shown on Exhibit A 2. A cross access agreement allowing access between parcels A and B in perpetuity shall be recorded with Anoka County. 3. Park dedication fees equal to 10% of the sale price of the land shall be paid at the time that the lots are sold. 4. The lot split shall be subject to a sunset clause as defined in City Code Chapter 13- 1 -6 -F. Adopted by the City Council of the City of Andover on this _ day of , 2006. CITY OF ANDOVER • ATTEST: Victoria Volk, City Clerk Michael R. Gamache, Mayor 3 — J J � Q N N O C L aLM O U_ O N y w O Z LLJ O N w }}Q U ro z o z C N Z Q n u ° z o a� .. IL 3 Q o g \ W SO S`+6 L LSL Q N O\ p � m \ << v J r o m IP dg � � / 6 0 y !\ J Lco si gQSL Y ep , CD ^y -eao� 6L8£L LZL£L L6£ r.0 t � m. N r,im N m N Ip N N M M F M Mi M M M M M M M M M I j I r N 1 �� \ L99 L r r ~ 1s a.sn \ � o / \ 4 9E'2L \\ \ N m U1 \ V A \ co I d 1 + I I = qC8F m z Sa -- a ¢ ` W= >�� I rA a W to m � \ � T J Q O c s � J J �Xegw..�..r.w •w- .a•w..rt>rrv� a3en.a nn re :: A3ANRs iNn-vo No fmi? 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US TO: Planning and Zoning Commissioners FROM: Chris Vrchota, Associate Planne>4 SUBJECT: PUBLIC HEARING: Lot Split (06 -08) to create two lots from Lot 24, Block 1, Parkside at Andover Station. DATE: November 14, 2006 INTRODUCTION The Andover Economic Development Authority (EDA), which owns the lot, is requesting the lot split. The lot split would allow the EDA to move forward with the sale of both parcels. Parcel A will be sold to Tracy Sonterre for a Creative Kids Daycare. Parcel B will be sold to Nassau Builders for an office building development. DISCUSSION The property is zoned General Business (GB) and does not need to be rezoned for the lot split or for the proposed daycare or office buildings. Both lots would exceed the minimum lot width, depth, and area requirements for the GB district. Access There will be a driveway entrance off 139' Lane on the north side of parcel B. There will be a cross access agreement across parcel B providing driveway access to parcel A. The cross access agreement is a condition of approval for this lot split. No direct access onto Jay Street will be permitted for either lot. Easements There will be a 20 foot wide drainage and utility easement in the south corner of parcel B to provide access to the sewer stub for parcel A. All other necessary easements were granted when the lot was originally platted. Utilities Utilities for both parcels were installed when the improvements for Andover Station North were constructed during the summer of 2005. Park Dedication Park dedication fees equal to 10% of the purchase price of the land will be collected at the time that the lots are sold. Staff Recommendation • Staff recommends approval of the lot split subject to the conditions of the attached resolution. Attachments Resolution Location Map Property Survey- "Exhibit A" Potential Site Plan (For Informational Purposes) ACTION REQUESTED The Planning Commission is asked to recommend approval or denial of the proposed lot split. Respe tful� miffed, s Vrchota Cc: Jim Dickinson, Executive Director - Andover EDA, Will Neumeister, Community Development Director u • —Z — CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION APPROVING THE LOT SPLIT REQUEST OF THE ANDOVER ECONOMIC DEVELOPMENT AUTHORITY TO SUBDIVIDE A COMMERCIAL LOT INTO TWO COMMERCIAL LOTS FOR PROPERTY LOCATED NORTHWEST OF THE INTERSECTION OF HANSON AND BUNKER LAKE BOULEVARDS AND LEGALLY DESCRIBED AS: Lot 24, Block 1, PARKSIDE AT ANDOVER STATION, according to the recorded plat thereof, Anoka County, Minnesota. Subject to easements of record. To be divided into properties to be described as; PARCEL A: That part of Lot 24, Block 1, PARKSIDE AT ANDOVER STATION, according to the recorded plat thereof, Anoka County, Minnesota, lying southwesterly of a line drawn southeasterly, perpendicular to the northwesterly line of said Lot 24, from a point on said northwesterly line, distant 202.83 feet northeasterly of the northeast corner of Lot 23, Block 1, said PARKSIDE AT ANDOVER STATION. Subject to easements of record. PARCEL B: That part of Lot 24, Block 1, PARKSIDE AT ANDOVER STATION, according to the recorded plat thereof, Anoka County, Minnesota, lying northeasterly of a line drawn southeasterly, perpendicular to the northwesterly line of said Lot 24, from a point on said northwesterly line, distant 202.83 feet northeasterly of the northeast corner of Lot 23, Block 1, said PARKSIDE AT ANDOVER STATION, and its northwesterly extension. Subject to easements of record. WHEREAS, the Andover Economic Development Authority, the applicant, has requested approval of a lot split to subdivide a commercial property pursuant to City Code 13 -1; and WHEREAS, The Planning and Zoning Commission has reviewed the request and has determined that said request meets all requirements of City Code 13 -1 Splitting Lots, Parcels or Tracts of Land; and WHEREAS, a public hearing was held pursuant to state statutes; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the lot split as requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the lot split on said property subject to the following conditions: 1. The applicant shall file separate easement documents with Anoka County granting a drainage and utility easement on parcel B as shown on Exhibit A -3- 2. A cross access agreement allowing access between parcels A and B in perpetuity shall be recorded with Anoka County. 3. Park dedication fees equal to 10% of the sale price of the land shall be paid at the time that the • lots are sold. 4. The lot split shall be subject to a sunset clause as defined in City Code Chapter 13- 1 -6 -F. Adopted by the City Council of the City of Andover on this _ day of , 2006. CITY OF ANDOVER ATTEST: Victoria Volk, City Clerk Michael R. Gamache, Mayor 0 0 — 91— -.s- �mw.�rz�e •.nw•r�rv..a.v� Ti�a+�v - �y� =T�ro mi muo E v ° `ro 10 =c r C eoo ?1 12l J [f LAO gE ��$ela p W ! y$ ab r � 9G E'a a.i $ O ♦acsc ° y ° ""ya '�" OIHdVdDDd01 4 lnds im 3'N P>�IroB u.eld°O GB91 1w 'm rEOxi Yz 00NY ro 1v Zt 1 0 Yc a3A00Ntl d0 1.110 NM1v16 aSk 36)wtld LA p s Fs. 6EEYAE S € { \ I8p •eo�a \ 1 y€ 315 \ fie S TTww CL N C4 h \\ \ 1 ��\ ` - �i'\ �` :���i \\ i t � \• ; L �92 • 14*" 0311 f/POT L Al -- T F— is ' ; ' . ; _. -- �-- : /. x& Oi r / A L41