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HomeMy WebLinkAbout12/11/07r] FAI I M- 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 December 11, 2007 Andover City Hall Council Chambers 7.00 p.m. 1. Call to Order 2. Approval of Minutes — November 13, 2007. 3. PUBLIC HEARING Variance (07 -04) to the front yard setback requirements of City Code 12 -4 -3 to allow an addition to the house at 1657 145 Lane NW. 4. Resident Forum: 2008 Comprehensive Plan Update. 5. Other Business 6. Adjournment 0 • C A 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 TO: Planning and Zoning Commissioners FROM: Courtney Bednarz, City Planner SUBJECT: Item 2. Approval of Minutes - November 13, 2007 DATE: December 11, 2007 Request The Planning and Zoning Commission is asked to approve the minutes from the November 13, 2007 meeting. 0 ANL �� 6 PLANNING AND ZONING COMMISSION MEETING — NOVEMBER 13, 2007 The Regular Bi- Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Daninger on November 13, 2007, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Chairperson Daninger, Commissioners Tim Kirchoff, Michael Casey, Valerie Holthus, Devon Walton, Douglas Falk and Dennis Cleveland. Commissioners absent: Commissioners Tim Kirchoff and Devon Walton. Also present: City Planner, Courtney Bednarz Associate Planner, Andy Cross Others • APPROVAL OFMINUTES. October 23, 2007 Motion by Falk, seconded by Casey, to approve the minutes as presented. Motion carried on a 5 -ayes, 0 -nays, 2- absent ( Kirchoff, Walton) vote. PUBLIC HEARING. CONDITIONAL USE PERMIT (07 -13) FOR EXPANSION OF ABOVE GROUND UTILITIES AT 14800 PRAIRIE ROAD NW. Mr. Bednarz noted Northern Natural Gas has proposed an expansion of the existing facilities within Prairie Knoll Park as a part of a larger pipeline project to provide natural gas to the Xcel Energy Riverside power plant in Minneapolis. Commissioner Holthus wondered how long the facility has been there. The applicant indicated it has been there before the park was there. Commissioner Holthus wondered if there have been any problems in the past with the above ground utilities being there. Mr. Bednarz stated it has not been an issue for the • City. 1 Regular Andover Planning and Zoning Commission Meeting Minutes —November 13, 2007 Page 2 Motion by Casey, seconded by Falk, to open the public hearing at 7:03 p.m. Motion • carried on a 5 -ayes, 0 -nays, 2- absent (Kirchoff, Walton) vote. Ms. Liz Babcock, Northern Natural Gas, indicated she was at the meeting to answer questions. Commissioner Falk wondered what the purpose of the station was right now. Ms. Babcock explained they are expanding the facilities to accommodate Center Point Energy. Commissioner Falk wondered if there will be an addition of more pipelines going in the City. Ms. Babcock indicated Centerpoint will be adding more, not Northern Natural Gas. Chairperson Daninger asked if the parking lot would have access for the park or will it be gated at the road. Ms. Babcock indicated the access at 148 Lane will be gated but the current access will remain the same. Chairperson Daninger wondered if the gate were not to be closed, will the equipment still be protected. Ms. Babcock stated it will be the same as it is now. It will be protected from the public. She stated Northern has agreed to put a parking lot over the pipeline. Motion by Falk, seconded by Casey, to close the public hearing at 7:09 p.m. Motion carried on a 5 -ayes, 0 -nays, 2- absent (Kirchoff, Walton) vote. Commissioner Cleveland wondered how far from the street will the gate be. Ms. Babcock indicated it will be about ten feet. Motion by Falk, seconded by Casey, to recommend to the City Council approval of the proposed conditional use permit subject to the conditions of the attached resolution. Motion carried on a 5 -ayes, 0 -nays, 2- absent (Kirchoff, Walton) vote. Mr. Bednarz stated that this item would be before the Council at the November 20, 2007 City Council meeting. PUBLIC HEARING: VARIANCE (07 -03) TO ALLOW REDUCED FRONT YARD SETBACK FOR LOTS IN WOODLAND ESTATES 3 RD ADDITION. Mr. Cross explained Woodland Development has requested a variance to front yard setback requirements in the new Woodland Estates 3` Addition. Mr. Cross discussed the staff report with the Commission. Motion by Casey, seconded by Cleveland, to open the public hearing at 7:15 p.m. Motion carried on a 5 -ayes, 0 -nays, 2- absent (Kirchoff, Walton) vote. Regular Andover Planning and Zoning Commission Meeting Minutes —November 13, 2007 Page 3 Mr. Joe Hauglie, Woodland Development indicated he has added two exhibits since the packet was put together. He showed and explained the exhibits to the Commission. Mr. Hauglie stated the two hardships are the topography of the land and they worked with the neighbors to move the retaining wall twenty feet from the property line to save the trees. Commissioner Holthus wondered how many feet from the rear property line to the retaining wall on the lots east of Verdin Street. Mr. Hauglie stated from the retaining wall to their property line is twenty feet, which contains the twenty foot tree preservation area. Chairperson Daninger thought this was brought up at a Council Workshop and he wondered if he was requesting five or ten feet at that time. Mr. Hauglie indicated they are requesting ten feet. Chairperson Daninger asked if they anticipated the size of the houses at the preliminary plat because his concern is why this was not discussed then. Mr. Hauglie stated they did not because the retaining walls were not placed at that time and a lot was done on site with trying to save trees. • Chairperson Daninger wondered if they considered having lesser lots to accommodate this. Mr. Hauglie stated they did not. Chairperson Daninger asked what the hardship for the variance is. Mr. Hauglie explained what they felt were hardships. Chairperson Daninger asked if the dirt moving was done because he has had questions as to why the trucks were still there. Mr. Hauglie stated there will not be any more work done. Mr. Winslow Holasek wondered why the variance would include all the lots, usually it is only for one lot and also wondered if the option would be open for any one else to get a variance for an entire row of homes. Chairperson Daninger stated anyone is allowed to apply for a variance but it may not be approved. He noted they approve on a case -by- case basis. Motion by Falk, seconded by Casey, to close the public hearing at 7:24 p.m. Motion carried on a 5 -ayes, 0 -nays, 2- absent (Kirchoff, Walton) vote. Commissioner Casey stated right now they have twenty feet from the property line to the retaining wall and from the retaining wall to the footprint of the house is thirty feet. Mr. • Cross stated that depends on the housing plan, which has not been confirmed so this is not a dead set number. He noted the minim is thirty feet. Regular Andover Planning and Zoning Commission Meeting Minutes —November 13, 2007 Page 4 0 Commissioner Casey asked if the deck footprint would be included on the building setback. Mr. Cross indicated all homes now need to show where a deck can legally be placed in order to get the building permit. Commissioner Casey stated he would lean towards approval of this to save trees. He would also want full disclosure of the deck and if a deck would be possible on the home or not because of the variance. Commissioner Falk thought the developer was working with the existing residents very well and thought this could move forward. Commissioner Holthus agreed. Commissioner Cleveland concurred with the other Commissioners. Chairperson Daninger stated he did not like this at all. They have ordinances in place and felt they were opening a Pandora's Box by allowing this. He stated he did not see a hardship here because he thought they would see these issues immediately as they started building the development. He stated he has seen other developments with retaining walls that close that seem to work. Motion by Falk, seconded by Holthus, to recommend approval of the variance to front yard setback requirements in the new Woodland Estates 3` Addition. Motion carried on a 4 -ayes, 1 -nays ( Daninger), 2- absent (Kirchoff, Walton) vote. Mr. Cross stated that this item would be before the Council at the November 20, 2007 • City Council meeting. RESIDENT FOR UM.• 2008 COMPREHENSIVE PLAN UPDATE Mr. Bednarz stated this item is intended to allow property owners an opportunity to ask questions and make comments about the Comprehensive Plan. It is not the intent for a final decision to be made on any specific request that may be raised. Mr. Bednarz reviewed the three stations setup around the Council Chambers. The Commission walked around and fielded resident questions regarding the 2008 Comprehensive Plan Update for future discussion. OTHER BUSINESS. Mr. Bednarz updated the Planning Commission on related items. Mr. Bednarz stated they will be having another resident forum on December 11, 2007 at 7:00 p.m. on the 2008 Comprehensive Plan Update. • f Regular Andover Planning and Zoning Commission Meeting Minutes —November 13, 2007 Page 5 • Chairperson Daninger stated he received a letter from a resident regarding multi -color fences along Hanson Boulevard and he would submit this to staff for review and possible future discussion. ADJOURNMENT. Motion by Casey, seconded by Falk, to adjourn the meeting at 8:12 p.m. Motion carried on a 5 -ayes, 0 -nays, 2- absent (Kirchoff, Walton) vote. Respectfully Submitted, Sue Osbeck, Recording Secretary TimeSaver Off Site Secretarial, Inc. L� 1] • 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 Planne SUBJECT: PUBLIC HEARING Variance (07 -04) to the front yard setback requirements of City Code 12 -4 -3 to allow an addition to the house at 1657 145` Lane NW. DATE: December 11, 2007 INTRODUCTION The applicant is seeking approval of a variance to allow an addition to the front of the existing house that would encroach six feet into the front yard setback. DISCUSSION The existing garage is located near the front yard setback as shown on the attached survey. The proposed addition would be a significant reinvestment in the existing home including both garage and living space as shown on the attached elevation drawing. 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 applicant has included the attached letter to address the findings. The curve of the street and its affect on the setback for this lot as well as the relationship of this house to adjacent houses are presented as findings for this variance. ACTION REQUESTED The Planning Commission is asked to review the findings presented and make a recommendation to the City Council. Attachments Resolution Location Map Applicant's Letter Existing Property Survey Photograph Property Survey With Proposed Addition • Elevation Drawing of Proposed Addition Aerial Ph ograph o tiks itted, ((�a11 n ' Be &nA Cc: drea and Ryan msh 1657 145` Lane NW CITY OF ANDOVER COUNTY OF ANOKA • STATE OF MINNESOTA RES. NO. R A RESOLUTION APPROVING/DENYING A VARIANCE TO REDUCE THE FRONT YARD SETBACK FROM 35 FEET TO 29 FEET FOR PROPERTY LOCATED AT 1657 145 LANE NW LEGALLY DESCRIBED AS: Lot 4, Block 1, Foxburgh Crossing, Anoka County, Minnesota WHEREAS, the Planning Commission has reviewed the request to vary from City Code 12 -3 -5 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: 1. The curve of the street along the front of the property increases the front yard setback and reduces the buildable area of the subject property. 2. As a result, the existing house is located significantly further from the street that the adjacent home to the west. The proposed addition would help to mitigate the unusual difference between the location of these homes from the street. WHEREAS, after review the Planning Commission finds recommended approval/denial of the request, and; 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 front yard setback for the subject property from 35 feet to 29. Adopted by the City Council of the City of Andover on this _th day of , 2007. CITY OF ANDOVER ATTEST: Victoria Volk, City Clerk Michael R. Gamache, Mayor • • 2 a a j�j f -Ph co 1736 SO �1731 1718 < IBIS ST 1721 1724 1 1710 : 0 4 cn cm cn -- j 1709 - t 1680 1698 -4 co -4 w I M 1697 1693 1690 1686 1681 85 M, 1685 -4! 00 4 4 1678 1673 1669 1OB2 1668 +3 tc3vv m 0) CDP C, 1 651 9 4 LN 46 163q) 1633 cr) N cn 1671 C4 19 6A Oe -ALI 417 06 �,,�T- C2 S2 > CA z C. cgn oil gi 0 2L O D c z 0 0 m M G) m z C) < :�< m m 0 > m 3 z W X 0 O CP M > CL 0 < CD 11/26/07 • To Whom It May Concern: We are requesting a variance in order to build an addition on to our house. We want to extend our garage 6 feet forward in order to build two bedrooms above it. We currently have a two bedroom house and wish to make it a four bedroom house in order for our family to grow. We have a few reasons we hope you will take into consideration when making this decision. Our house is located in a dead -end cul -de -sac and the city owns the first 15 feet between our house and the curb. The city set back says our house has to be 35 feet away from that, leaving our house /garage 50 feet from the curb. The circle of the cul -de -sac starts half way through our property in front of the garage pushing our entire house back approximately another 15 feet had the street been straight. The house was built with the garage, which like most houses extends past the front of the house; on the side of the lot were the circle cuts in. This pushes our house back even further then if it had been built on the other side of the house. It would be an extreme hardship for us to have to move the garage to the other side of the house as it would mean tearing down most of the house. Had the garage been designed on the other side of the house or the floor plan flipped we would have approximately 10 feet to move forward. Because of this large set back and the curve of the street in the front we have a smaller • backyard. With decks off the back of the house we come very close to the drainage & utility easement and are left with little room for extending backwards and still having a backyard. Our house is also set back further then any other house in the street giving it an unusual appearance. Many of our neighbors have complained how far back our house is due to the curve of the street and the shape of our lot because it does not make the neighborhood flow. If we are allowed to add the 6 feet on to our house it would make it line up with the neighbors and improve the overall look of the neighborhood. We have closely looked at all possibilities for adding the additional bedrooms on to the house and have been told this is our best option. We are in great hopes that you will find our situation is unique due to the design of the house and the design of the land/street. Sincerely, ti Andrea & yan Yenish 1657 145` Lane NW Andover, MN 55304 (051-aS8_(0S9(0 �t5. „•� 80.Oi — U 0 � DRAINAGE & U�IUTv EgSEMEPt I5 51 L 10.5 3 . L5 PROPOSED ; to RESIDENCE ,. I F — I :bbb .i4. sla �n F . / , ) io +o• I g$B•b� a 0/, / ,m / I 1> Sip ��' • A qt 10.5 A. ' ........ iv ' ... ' Tot Ire►. • I 4��� I DRIVE I ( i n ( OD 1 I or N) I J M is S ro (04 — V �0 i I TC CONC. CURB tc ���g9 B4).b5 9B)�53 145TH LANE NX Ifsts.t.2 T 4, BLOCK 1, FOXBURGH CROSSING is certified only to the above named person or persons subsequent owners, mortgages or title Insurers. sements shown are from plats of record of Informatbn provided by client. dimensions and floor elevations must be verified by client. . ertify that this survey was prepored by me or under supervision, and that I om n Aia., 2 5 ��It C1- ' - ' ' fRoPas� F�ZoNT sE 2 �.So` s • VPrK1 (JN �� 6',�c� �sf m s. s0 g o crt C ,� o"Al,/ANCe �s 80. ! 0 d. y I -'..- _- � T11.1T`f EASEMENT 5 pRPANAGE & U alkosF- 1 1__ , .5 - 7.5 10 L.es,�ah : 5 ©. S PROPOSED -1•o concrela LvR�� � 4 J r , N RESIDENCE w L yq t0 rn i . $8 I� ;a -4 8 u 4 t%g,lto o t to p N 10.5 20' -0" N 7. �........... ...� DRIVE ui 0 9 —' j 0 7 ) CONC. CURB 10/09/2007 TUE 18:49 FAX Q001/005 � VISE i t t — .. � �-• �_ y�-� _ ._ � ���, %�— _ '+•= -- Ire s• : - r tt ` C I T Y O F ND (EVE; • 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: Resident Forum: 2008 Comprehensive Plan Update DATE: December 11, 2007 INTRODUCTION Just as at the last meeting, this item is intended to allow property owners an opportunity to ask questions and make comments about the Comprehensive Plan. It is not the intent for a final decision to be made on any specific request that may be raised. DISCUSSION The Commission and staff are free to walk around the room and talk with property owners. Staff intends to have several stations around the Council Chambers for the different chapters of the Comprehensive Plan. Any specific requests will be collected and presented at a future Planning Commission meeting for discussion and recommendation. • ACTION REQUESTED As stated above Respc 1 Courtn� Be arz •