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HomeMy WebLinkAboutOctober 25, 2005 ~ 0J'v \)j'ltttUI II. ~ .05 PLANNING AND ZONING COMMISSION MEETING - OCTOBER 25, 2005 The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Daninger on April 25, 2005, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Chairperson Daninger, Commissioners Rex Greenwald, Dean Vatne, Jonathan Jasper, Michael Casey and Valerie Holthus. Commissioners absent: Commissioner Tim Kirchoff. Also present: Associate Planner, Andy Cross Others / APPROVAL OF MINUTES. September 27,2005 Motion by Casey, seconded by Jasper, to approve the minutes as presented. Motion carried on a 6-ayes, O-nays, I-absent (Kirchoff) vote. VARIANCE (05-05) TO VARY FROM THE SIDE YARD SETBACK REQUIREMENTS OF CITY CODE 12-3-4 FOR A DETACHED ACCESSORY STRUCTUREAT 151l13STH LANENW. Mr. Cross stated Patrick and Susan Fugina have applied for a variance to build a two-car garage within their lot's 35-foot sideyard setback. They are requesting a IS-foot variance so they may build the garage 20 feet off the property line instead of the required 35. Mr. Cross discussed the information with the Commission. Chairperson Daninger asked if the garage was within the thirty-five yard setback, would the driveway still enter from Drake Street. Mr. Cross indicated it would. Regular Andover Planning and Zoning Commission Meeting Minutes - October 25, 2005 Page 2 Commissioner Holthus stated if the variance was approved, they would have two driveways on Drake Street. Mr. Cross noted if this were approved, the V-driveway on Drake would be closed off. Commissioner Greenwald wondered if any building needed to have a thirty-five feet setback or is it because it is a garage. Mr. Cross stated the reason is because it is a corner lot and there are more restrictions for it being on the corner. Chairperson Daninger wondered if there would be a site concern with a car being parked in the driveway. Mr. Cross did not know if the Engineering Department looked at this but having a car parked in the driveway would be legal. He stated the Engineering Department did look at traffic counts and did not think there would be a problem with putting a driveway on Drake Street. Commissioner Jasper stated this new proposed driveway would be further from the corner than the existing driveway on Drake Street. .I Mrs. Susan Fugina, 1511 138th Lane NW, indicated they were going to build the garage two years ago but felt it was premature. She stated they decided to build the garage to get the boat and car off the existing U-driveway. She noted they were previously told by City staff that the setback was from the street but later told it was from the property line. She stated this is the only place in the yard they can put the garage in order to preserve the yard. . Commissioner Jasper stated there was some reference to a neighbor with a pool in the letter. Mrs. Fugina explained the situation with the neighbor behind them and that they preferred the garage was placed up further so it would not interfere with their pool. Chairperson Daninger asked which scenario would remove more trees. Mrs. Fugina indicated if they placed the garage within the thirty-five foot setback, they would lose more trees because it would be setback further on the property. Chairperson Daninger asked what the hardship would be. Mis. Fugina stated the hardship would be they would lose the use of their yard if they did not get the variance approved. Commissioner Jasper stated the Commission approved a variance about a month ago and in this neighborhood it seemed to fit better on the lot. He thought with this one, by granting the variance, they would be saving more trees and in light of this he would support the variance. Commissioner Vatne stated he was going to vote against this because he did not see it as a hardship even though he understood the applicants wanting to save open space. He did not think it was significant enough to meet a hardship by saving trees. / Regular Andover Planning and Zoning Commission Meeting Minutes - October 25, 2005 Page 3 Commissioner Holthus noted the previous variance approval was not only the street but also because the house where they were building the garage was built prior to the development going in around the house which may have been more of an issue. She thought this house was built around the same time the rest of the houses were built. Chairperson Daninger indicated he was going to vote against. He stated he was struggling to find a hardship with this case. Commissioner Greenwald stated he agreed and read through the reasons for a hardship but did not see it but it bothered him that in the letter from the applicant that staff indicated one thing in one year and something else later. He thought in his opinion, he considered this a hardship. On the other hand, he has always had trouble approving a variance like this because it can set a precedence they may not want to set. Mr. Cross stated prior to October 2002, the table given to the public did state the setback was much more unclear and was changed to read "sideyard setback from property line adjacent to street". He noted in table 6.02, minimum requirements indicated the sideyard setback was from the street. He stated this mix up did happen in the City three years ago, and the Council made a motion to change that. Commissioner Greenwald thought this would be a hardship to him. Commissioner Vatne thought in 2002, it would have required a variance also, but how much. Mr. Cross stated it would be hard to determine what variance would have been requested at that time. Motion by Greenwald, seconded by Jasper, to recommend to the City Council approval of the variance request of Resolution No. _, based on the information previous given to the applicant from the City. Motion failed on a 2-ayes, 4-nays (Vatne, Casey, Holthus, Daninger), I-absent (Kirchoff) vote. Motion by Vatne, seconded by Casey, to recommend to the City Council denial of the variance request of Resolution No. _, based on lack of hardship. Motion carried on a 4-ayes, 2-nays (Greenwald, Jasper), l-absent (Kirchoff) vote. Mr. Cross stated that this item would be before the Council at the November 1,2005 City Council meeting. OTHER BUSINESS. Mr. Cross updated the Planning Commission on related items. He noted the Commission is invited to the City Council workshop going on to discuss planning of the Rural " Reserve. , j Regular Andover Planning and Zoning Commission Meeting Minutes - October 25, 2005 Page 4 Commissioner Jasper announced his resignation to the Commission effective immediately. Chairperson Daninger stated it has been an honor and privilege working with him on the Commission. ADJOURNMENT. Motion by Jasper, seconded by Greenwald, to adjourn the meeting at 7:28 p.m. Motion carried on a 6-ayes, O-nays, l-absent (Kirchoff) vote. Respectfully Submitted, Sue Osbeck, Recording Secretary TimeSaver Off Site Secretarial, Inc.