HomeMy WebLinkAboutAugust 23, 2005
~~ ClA/
~, q- ~l- 05
PLANNING AND ZONING COMMISSION MEETING - AUGUST 23,2005
The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was
called to order by Chairperson Daninger on August 23,2005, 7:00 p.m., at the Andover
City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota
Commissioners present:
Chairperson Daninger, Commissioners Tim Kirchoff, Rex
Greenwald, Dean Vatne, Jonathan Jasper, Michael Casey
and Valerie Holthus.
Commissioners absent:
There were none.
Also present:
City Planner, Courtney Bednarz
Others
APPROVAL OF MINUTES.
August 9, 2005
Motion by Kirchoff, seconded by Casey, to approve the minutes as presented. Motion
carried on a 7-ayes, O-nays, O-absent vote.
V ARlANCE (05-04) FOR SIDE YARD SETBACK FOR GARAGE ADDITION
LOCATED AT 15461 MARTIN STREET NW.
Mr. Bednarz noted the applicant is seeking approval of a variance to allow a garage
addition on the subject property as shown in the plans.
Mr. Bednarz discussed the information with the Commission.
Commissioner Greenwald wondered how old the house was. Mr. Bednarz was not sure.
Commissioner Greenwald wondered if there was a thirty-five foot sideyard setback when
the house was originally built. Mr. Bednarz stated it was not, originally it was a ten foot
side yard setback and the road was put in to allow additional lots to be platted and the
applicant purchased the home after the fact. They did not own the home when the
Regular Andover Planning and Zoning Commission Afeeting
Minutes - August 23, 2005
Page 2
I
development went in. The home was built when there was a substantial amount ofland
around it.
Commissioner Kirchoff wondered ifthe applicant looked at moving the garage back to
meet the setback. Mr. Bednarz stated they talked to the applicant at length regarding this
and the proposed addition is setback a little bit to try and reduce the amount that would
be in the setback.
Mr. Jay Norgaard, 15461 Martin Street NW, indicated he was at the meeting to answer
questions.
Commissioner Holthus wondered what would happen to the large oak tree next to the
house. Mr. Norgaard stated it would have to be taken out.
Mr. Norgaard stated they did look at moving the garage back but they have a deck and
patio door off of the back which would create a U-shaped tunnel. He stated the house
was built in 1988.
Commissioner Jasper wondered ifthe business was run from the home. Mr. Norgaard
stated it was not and he has his own business elsewhere.
Mr. Norgaard stated they would like to have more room to park their cars and allow their
boat to be stored inside.
Commissioner Kirchoff wondered if the curve of the street brought this out of character
for a hardship. Chairperson Daninger stated they could consider that.
Motion by Greenwald, seconded by Holthus, to recommend to the City Council approval
of Resolution No. _, to approve the variance for a side yard setback for a garage
addition located at 15461 Martin Street NW because the street added after the fact created
circumstances unique to this property that were not created by the landowner.
Commissioner Vatne stated he was not going to go along with the hardship because he
did not see it was necessarily a hardship at the time and did not fully meet it. He thought
there maybe some other alternatives in the setup of the garage that could be examined.
He did not see a clear hardship. Commissioner Jasper concurred.
Motion carried on a 5-ayes, 2-nays (Jasper, Vatne), O-absent vote.
Mr. Bednarz stated that this item would be before the Council at the September 6, 2005
City Council meeting.
Regular Andover Planning and Zoning Commission Meeting
Minutes - August 23, 2005
Page 3
.I
PUBLIC HEARING: PRELIMINARY PLAT OF GREY OAKS :zND ADDITION
AMENDING GREY OAKS PLANNED UNIT DEVELOPMENT LOCATED ON LOT
1, BLOCK 2, GREY OAKS, ANOKA COUNTY, MINNESOTA.
Mr. Bednarz explained the applicant proposed to subdivide the 1.42 acre subject property
into four residential lots and to change the former Grey Oaks Planned Unit Development
standards for this property to match the R-4, Single Family Urban Residential standards.
Mr. Bednarz discussed the staff report with the Commission.
Commissioner Kirchoff stated in the staff report it indicates it is appropriate to limit lot
three to one driveway access. Mr. Bednarz stated lot three has frontage on two roads and
the house will be set up to face 155th Lane. He thought the Commission may want to
discuss prohibiting access on Hummingbird Street.
Commissioner Holthus stated currently there is an approach on Hummingbird and she
wondered if it went to lot three or lot four. Mr. Bednarz stated the existing apron will be
eliminated and the curb line will be extended and connected to remove that if the
proposal was approved.
Commissioner Holthus stated there is another one on lot two. Mr. Bednarz stated this
one would also be removed.
Commissioner Vatne wondered if the area north and east of the easement large enough to
put a pad in. Mr. Bednarz stated a house pad would not fit but a small detached garage
could fit.
Commissioner Vatne asked if the trees would be replaced that needed to be pulled out
because the sewer line that would need to go in. Mr. Bednarz stated the applicant could
better respond to this question.
Chairperson Daninger wondered if the installation of the sewer will have an affect on the
houses that currently exist to the south or will there be an easement they will be crossing.
Mr. Bednarz stated silt fence would be established along the south property line to
prevent construction activity on lots to the south.
Commissioner Greenwald wondered what kind of trees are on the site. A resident
indicated they were mature white and red oak trees that were living.
Commissioner Greenwald wondered how deep the gas line was. Mr. Bednarz indicated
he did not know.
Commissioner Vatne stated on one of the slides presented, there was a tree protection
area marked. He asked for more information on that. Mr. Bednarz stated the green/blue
lines higWight the existing tree stands as they exist now.
Regular Andover Planning and Zoning Commission Meeting
Minutes - August 23, 2005
Page 4
The Commission discussed tree save areas on the property.
Chairperson Daninger wondered why the sewer would have to go in the spot indicated.
Mr. Bednarz stated that the sewer is located under Hummingbird Street and no sewer line
exists along 155th Avenue.
Commissioner Jasper wondered if these will be four single family homes. Mr. Bednarz
stated that was correct.
Motion by Greenwald, seconded by Vatne, to open the public hearing at 7:30 p.m.
Motion carried on a 7-ayes, O-nays, O-absent vote.
Mr. Richard Ron, 1713 155th Avenue, stated he was concerned about the trees that will
need to be removed because of how it may affect the trees in his yard. He understood
there will also be a utility box but has not heard anything about it.
Mr. Bednarz stated the utility company will install a utility box close to the street similar
to boxes in other neighborhoods.
Motion by Vatne, seconded by Casey, to close the public hearing at 7:33 p.m. Motion
carried on a 7-ayes, O-nays, O-absent vote.
The applicant stated the intent is to have the four lots built out with the standards they
have in Grey Oaks. They are looking at turning the garage toward the street as a
possibility. He stated a number of these that have been built are with greater square
footages and in some cases; they are finishing the walkout levels as well. The color of
the brick will be the same color as Grey Oaks. It is their intent to conform these to the
rest of Grey Oaks Development.
The applicant stated the substantial trees are right at the property line and in order to have
that lot approved in the original Grey Oaks, they had to grade to allow for drainage. He
stated there are some trees there but the substantial amounts of trees are at the tree line.
He stated they are planning on trying to save as many trees as possible. Part of the
problem with the sewer at Grey Oaks is it is being served by two different services.
Commissioner Kirchoff wondered how far the sewer line was from the south property
line. The Applicant believed it was thirty five feet to match up with an existing sewer
line (It was later clarified that the sewer would be ten feet north of the south property
line).
Commissioner Vatne wondered if the area where the sewer line will go has already been
cleared. The applicant indicated that was correct.
Regular Andover Planning and Zoning Commission Meeting
Minutes - August 23, 2005
Page 5
Commissioner Greenwald wondered if the PUD for Grey Oaks second addition was
multiple dwelling. He stated they will not match the rest of Grey Oaks second addition;
they will be matching Fox Hollow. Commissioner Jasper thought architecturally, it
would match Grey Oaks. Mr. Bednarz stated there are actually a number of different
design units in Grey Oaks some of which are detached single family. The proposal is to
match the single family style of the variety of styles that are in the development now.
Commissioner Greenwald stated the original PUD on Grey Oaks second addition was M-
2. Mr. Bednarz stated this was correct. Commissioner Greenwald stated of the entire
site, this is the only site that they are going to amend to R-4. Mr. Bednarz stated
technically they are not proposing to rezone the property because of the density that is on
the overall site, the M-2 zoning is needed, but what they are proposing to do is to
establish specific PUD standards for this property that match the R-4 standards.
Commissioner Vatne thought there will be a fair number of trees that will need to be
cleared out. The applicant stated the bulk of the trees will be on the property line or right
inside of it.
The Commission discussed with the applicant the potential for the sewer to be moved to
save trees.
" Commissioner Holthus wondered if the applicant ever considered three sites for this area
instead of four. The applicant stated regardless of the plan, with the manhole where it is,
the sewer will need to go in the area it is shown.
Commissioner Holthus thought with three sites, the trees would not be compromised
because the sewer could be brought further up in lot four to avoid the trees.
Commissioner Jasper wondered if this is approved then does the amendment to the PUD
automatic or is there another step that needs to come through. Mr. Bednarz stated that
would be approved with the same resolution as the plat.
Commissioner Jasper asked if Exhibit A in the staff report the old PUD. Mr. Bednarz
stated Exhibit A is the table that represents the R-4 Standards.
'.
Commissioner Vatne stated he applauded the applicant for bringing the detailed tree plan
forward because this has been a topic of discussion on other developments. He thought
this proposal generally speaking is a win for the neighborhood and he thought it will turn
out nice. He did have concerns though for surrounding property owners with going
through and trenching the sewer through and he thought it will change the look and feel
of the backyards that are there and it is for that reason that he brought up a
recommendation that in addition to the convenient tree save areas which are identified, it
makes sense to replace some trees along the sewer line area itself. He thought a
reasonable replacement process makes sense here to try to reestablish as much as possible
some of the buffer that was there prior to the development taking place. He thought for
" J
Regular Andover Planning and Zoning Commission Meeting
Minutes - August 23, 2005
Page 6
that reason the tree save area should be extended along the southern border of lot 4 and
adjacent to the sewer line.
Commissioner Greenwald wondered if Commissioner Vatne was going to tie this to the
resolution or is just being stated. Commissioner Vatne stated that would be the only
recommendation he would have outside ofthe proposal itself. Commissioner Greenwald
stated if this is part of the motion, he did not agree with it. Mr. Bednarz stated from a
staff perspective, if it would need to be a condition of approval to be binding.
Motion by Kirchoff, seconded by Jasper, to recommend approval of the Preliminary Plat
for Grey Oaks 2nd Addition subject to the conditions of the attached resolution.
Commissioner Vatne stated he was adverse to that without a formal recommendation
being noted in the resolution to modify the tree protection plan. Commissioner Jasper
thought this was a great plan and meets what the residents wanted which was not for that
to be a commercial heavy traffic area. He thought the applicant came forward with a
more significant area oftree protection than perhaps anyone he has seen since he has
been on the Commission. He noted that they cannot assume that there are fifty year old
oaks sixteen feet off of the property line, just because it shows a tree line there.
Chairperson Daninger concurred.
Motion carried on a 7-ayes, I-nays (Vatne), O-absent vote.
Mr. Bednarz stated that this item would be before the Council at the September 6, 2005
City Council meeting.
PUBLIC HEARING: COMPREHENSIVE PLAN AMENDMENT (05-01) TO
REMOVE THE WORDS LIGHT INDUSTRIAL FROM THE DEFINITION OF THE
TRANSITIONAL COMMERCIAVLIGHTINDUSTRIAL LAND USE DISTRICT.
Mr. Bednarz stated at the Council's request, the Planning Commission discussed the
Transitional Commercial/Light Industrial District to determine whether this designation
was appropriate or whether it created potential for inappropriate land uses. This
designation affects four sites in Andover.
Commissioner Greenwald stated the last time they discussed this, they asked for
definitions. He wondered what light industrial meant. Mr. Bednarz explained to the
Commission examples of businesses that would be considered light industrial.
.I
Commissioner Greenwald wondered if commercial would be considered retail, office
warehouses, and gases. He wondered where funeral homes would be. Mr. Bednarz
stated funeral homes would be considered if they could be rezoned to either general
business or light industrial, which they are proposing to eliminate.
Regular Andover Planning and Zoning Commission A1eeting
Minutes - August 23, 2005
Page 7
/
Chairperson Daningcr stated it did not mean it had to be commercial, residential housing
could be put on the lots. Mr. Bednarz agreed.
Commissioner Kirchoff wondered if high density housing could be built in those areas.
Mr. Bednarz stated potentially they could seek a rezoning to any district as the definition
currently is written.
Commissioner Kirchoff wondered if any use would require rezoning. Mr. Bednarz stated
there are four sites, each with single family rural or urban residential zoning. He thought
future proposals would require rezoning.
Motion by Greenwald, seconded by Casey, to open the public hearing at 8:05 p.m.
Motion carried on a 7-ayes, O-nays, O-absent vote.
Ms. Marnell Wilbur, 136th Lane, wondered what this will do as far as church rezoning.
She stated she did not want to see the zoning for the church to change and end up with a
shopping center in their backyards.
Mr. Bednarz explained what could happen if the church on Bunker and Round Lake
Boulevard left. He indicated the recommendation is to remove the potential for industrial
development of these areas.
Mr. Kent Meister, 541 Andover Boulevard, stated he thought this was premature. He
read a letter he prepared to the Commission stating his objections.
Mr. Stan Carlson, 680 Constance Boulevard, stated he would like to leave the definition
the way it is.
Mr. Derek Dieshel, 16030 Quinn Street, asked for clarification on this item. He
wondered if anything was proposed to be coming in on the properties being discussed.
Mr. Bednarz stated there was not.
Ms. Jean Jurassic, 13563 Crooked Lake Boulevard, stated when they received
notification of the funeral home, very few people were notified. She wondered how
many people are actually notified of the public hearings. Mr. Bednarz explained the
process the City uses to notifY residents of items that would affect them.
Mr. Scott Berm, 3433 136th Avenue, asked what the definition oflight industrial was.
Mr. Bednarz explained what businesses were considered light industrial.
. ,
Mr. Berm stated ifthey change the words, it will depreciate their property. There could
be more trucks and more trash and eventually the homes around an industrial area will
look bad. Chairperson Daninger stated they want to make this more restrictive and
possibility eliminating light industrial from the zoning.
, ~
Regular Andover Planning and Zoning Commission J.leeting
Minutes - August 23, 2005
Page 8
Mr. Doug Meister, 541 Andover Boulevard, stated with gas going up and people having
to commute to their work, he thought Andover would want to add more industrial and
businesses to allow people to work within their city. He hoped in the future, they could
have more businesses and more industry in the City.
Ms. Wilbur stated if they want to change the zoning where the church is on Bunker and
Round Lake Boulevard, why would it need to have a new rezoning; being it has an
existing structure. Chairperson Daninger stated the property is what they are looking at,
not the existing structure.
Mr. Rodney Lund, 13713 Edelweiss Street, wondered what is driving this change. He
wondered what the advantages or disadvantages are. Chairperson Daninger stated they
were guided by the Council to review this for changes. Mr. Bednarz stated part of the
Councils initial concern was the size of some of these undeveloped sites and their
location adjacent to single family neighborhoods and how difficult it would be to provide
an industrial use and provide adequate buffering.
Ms. Gloria Benjamin, 13625 Gladiola St., wondered why it cannot be zoned residential
only. Chairperson Daninger stated this is not saying residential cannot go there but this
would give more options for development.
Mr. Carlson stated he was in favor of what the Commission is trying to do because the
site they have could end up to be a substantial business that would bring a lot of jobs into
the City.
Mrs. Judy Carlson stated she would like the site at the southeast corner of Crosstown
Boulevard and Constance Boulevard to be residential.
Mr. Art Steimer, 13562 Crooked Lake Boulevard, stated even ifthey drop the light
industrial, anyone can make an application to change this back. Chairperson Daninger
stated that was correct.
Motion by Greenwald, seconded by Casey, to close the public hearing at 8:35 p.m.
Motion carried on a 7-ayes, O-nays, O-absent vote.
Commissioner Kirchoff explained what the Commission is trying to do.
Commissioner Jasper stated he wanted to make sure it is clear that there was an original
proposal regarding not allowing speculative development and development that is in
competition with other properties. His understanding is that has not moved forward
because he would oppose that. He stated Mr. Meister talked about preserving options and
they need a more diverse tax base and they do need more employment in this City. He
stated this is a Comprehensive Plan Amendment and nothing else. He noted that right
now the Comprehensive Plan stated that these properties are all zoned residential and it
allows an option for someone to apply for a rezoning to commercial or industrial. It does
Regular Andover Planning and Zoning Commission Meeting
Minutes - August 23, 2005
Page 9
not say that such a rezoning would be approved; it would still have to go through the
whole process. He stated even if they change this and take away the light industrial,
someone could come in and apply to have it rezoned as industrial. He stated he would
not change anything. He thought there was an assumption that light industrial is a more
intense and intrusive area of development which is not necessarily true. He stated the
words may intimidate some people more than the reality but he thought they were doing
something that is taking away from four particular properties, possibilities in the future
that does not have much impact. He stated he would leave it as is and would not affect
those options. He noted that each and every one of the properties is already zoned
residential. Chairperson Daninger stated they were designated for future change.
Commissioner Greenwald concurred.
The Commission discussed what light industrial meant and what could be built there.
Commissioner Vatne stated the Comprehensive Plan gives an indication of where the
City would like to go, it is an indicator of what the City wants to see come into the City.
He thought it was appropriate to drop the industrial zoning as proposed.
Commissioner Greenwald thought they needed to keep the options open because they
seem to be regulating more things all of the time.
Commissioner Jasper stated he would like to leave the definition as is. Commissioner
Vatne thought the light industrial should be removed.
Commissioner Greenwald stated he would like to leave it in. Chairperson Daninger
stated he would like to remove it. Commissioner Kirchoff indicated he would like to
remove it. Commissioner Casey stated he would like to leave it in. Commissioner
Kirchoff explained the reasons why he wanted to have it removed. He looked at it as a
guide for transitional areas. Commissioner Holthus stated she would like to remove this
for good Comprehensive planning. She did not think this piecemeal was good planning.
Commissioner Greenwald stated they will never have major industrial development in the
City because they do not have main roadway access.
Mr. Bednarz reviewed what types of businesses are allowed in light industrial zoning.
Motion by Greenwald, seconded by Casey, to leave this as traditional business/light
industrial and to leave it as is.
Commissioner Vatne stated as a result ofthis, he thought there needed to be a look at the
difference between commercial and light industrial and the definitions they have in the
table because he did not think it was appropriate and did not point out some of the
specific industries they have talked about.
Motion carried on a 6-ayes, I-nays (Daninger), O-absent vote.
Regular Andover Planning and Zoning Commission Meeting
Minutes - August 23, 2005
Page 10
Mr. Bednarz stated that this item would be before the Council at the September 6, 2005
City Council meeting.
OTHER BUSINESS.
A. Introduction to Rural Reserve Planninf!
Mr. Bednarz stated a City Council goal for 2005 is the master planning of the Rural
Reserve Area. This report will provide the Planning Commission an overview of the
process that will be used to plan the future urbanization of the Rural Reserve Area. It
will also lay the groundwork for a future joint Planning Commission/City Council
workshop where the staffwill seek input on a variety of issues that will set the tone for
the planning of the Rural Reserve Area. In order for urban development of this area to
occur, the City will need a master plan, approval of an AUAR and approval from
Metropolitan Council for a major comprehensive plan amendment. The goal at this stage
of the master planning effect is to begin to familiarize the Planning Commission with the
task at hand.
, l
Commissioner Kirchoff wondered how many acres approximately was the Rural Reserve.
Mr. Bednarz showed a use map to the Commission. He noted it was approximately 960
acres.
Commissioner Greenwald thought this was a nice outline and liked a look at the visionary
process. He wondered as of right now, where are the major utility lines coming in to the
property. Mr. Bednarz stated the sanitary sewer would have to have a new trunk sewer
line brought all the way north from Bunker Lake Boulevard.
B. Other Business
Mr. Bednarz updated the Planning Commission on related items.
ADJOURNMENT.
Motion by Casey, seconded by Greenwald, to adjourn the meeting at 9:07 p.m. Motion
carried on a 7-ayes, O-nays, O-absent vote.
Respectfully Submitted,
\
/
Sue Osbeck, Recording Secretary
TimeSaver Off Site Secretarial, Inc.