Loading...
HomeMy WebLinkAboutWK - December 13, 2011ANLb T O F 6 © 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CLANDOVER.MN.US Andover Planning and Zoning Commission Workshop Meeting Agenda December 13, 2011 Andover City Hall Conference Rooms A & B 6.00 p.m. 1. Call to Order 2. Planning Commission's responsibilities in reviewing variances 3. Other Business 4. Adjournment x l'J PLANNING AND ZONING COMMISSION WORKSHOP — DECEMBER 13, 2011 The Andover Planning and Zoning Commission Workshop was called to order by Chairperson Daninger on December 13, 2011, 6:05 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Chairperson Daninger, Commissioners Dennis Cleveland, Lynae Gudmundson, Valerie Holthus, Tim Kirchoff, and Michael Olsen. Commissioners absent: Commissioner Devon Walton. Also present: Community Development Director, Dave Carlberg City Planner, Courtney Bednarz PLANNING COMMISSION'S RESPONSIBILITIES IN REVIEWING VARIANCES Mr. Bednarz summarized the staff report. Commissioner Kirchoff stated that the recent variance request for a porch addition would have required the applicant to remove a portion of the existing deck or reduce the size of the addition to meet the requirements. Mr. Bednarz stated that relocating the addition to the rear of the home was also an option. Commissioner Cleveland stated that the question is whether relocating the porch to the rear of the home constitutes practical difficulty. Commissioner Gudmundson noted that the variance for the porch addition was approved by Council. Commissioner Cleveland stated that he struggled with the variance request for the existing accessory structure located in an easement and close to the property line. He added that the use was reasonable but the location was not. Commissioner Olsen asked if the order of the findings in the resolution format could be changed. He stated it would be beneficial to discuss whether the Commission believed a variance request was reasonable first. Mr. Bednarz stated the format was from the League of Minnesota Cities model resolution but could be changed. Regular Andover Planning and Zoning Commission Workshop Meeting DRAFT Minutes — December 13, 2011 Page 2 ® Commissioner Gudmundson stated that the finding related to the intent of the ordinance was an issue. She noted that in previous discussion the Commission had identified that every variance goes against the intent ordinance. Mr. Bednarz stated that staff reports will provide a description of the intent of the ordinance as it relates to each variance request. He added that in the case of the porch variance the side yard setback was the issue. The intent of that ordinance is to preserve adequate separation between structures. Commissioner Gudmundson stated that it is a question of where to draw the line. The recent porch variance request was for less than two feet. She asked what if the request was three or more feet. Mr. Carlberg stated that another part of the variance test is the character of the neighborhood. The Council saw that the porch request would not change the character of the neighborhood and also relied upon the disturbance to the floor plan that would be created by moving the location of the porch. Commissioner Cleveland stated that the shed variance the Commission recently reviewed was much easier to recommend denial because it did not follow any of the requirements. Commissioner Gudmundson stated that she viewed the porch variance as a small deviation from the requirements and the shed variance as a large one. Commissioner Olsen noted the shed was located in an easement which is not permitted. Commissioner Holthus stated that the applicant acknowledged that he was aware that a permit was necessary and chose not to apply for it. Commissioner Olsen stated that the Commission had worked through the findings in past cases with affirmative responses and still considered recommending denial. He stated the reasonableness test should come first. Chairperson Daninger stated that the Commission should review the findings individually and that the minutes could also help relay their discussion to the Council. Commissioner Olsen stated that if the Commission found a variance request to be reasonable it would become easier to complete the rest of the findings. Commissioner Gudmundson confirmed that to approve a variance, the city needed to determine that each of the findings could be met. Commissioner Cleveland stated the public hearing is important. He added that the public © has a right to expect that the Commission competently reviews their requests. Regular Andover Planning and Zoning Commission Workshop Meeting DRAFT Minutes — December 13, 2011 Page 3 ® Mr. Bednarz stated that the Commission discussion could begin with a general discussion of the three tests (reasonableness, uniqueness, neighborhood character) and work toward completion of the findings in the resolution afterward. Commissioner Gudmundson asked if the Commission needed to complete each of the findings in the resolution with their recommendation. Mr. Bednarz stated that would be the ideal. However, if the Commission did not make it to that point there should at least be enough discussion on each finding to help the Council complete the findings. Commissioner Holthus suggested the Commission discuss the variances generally first, then apply the results to the resolution and determine what is left to complete. Chairperson Daninger stated the chairman should be making notes during the discussion to help fill in the resolution. He added that other Commissioners could do this as well. Commissioner Kirchoff agreed that this would allow them to go through the findings one at a time. Commissioner Olsen noted that a general discussion of variance requests would be ® effective if Commissioners voice their opinion to facilitate discussion. Commissioner Cleveland stated it would be necessary for the Commissioners to review the section of ordinance that applied to each variance request for an explanation of the intent of the ordinance. Mr. Bednarz stated that staff would also provide a summary of the intent in the staff report. Mr. Carlberg stated that the finding related to the Comprehensive Plan was likely to be the least applicable in the review of variances. Commissioner Olsen stated that financial hardship alone could not be used to justify a variance. He stated that it did not disqualify a variance either if it was a component along with other findings. Commissioner Kirchoff stated that a determination of whether the request was reasonable was most important. Chairperson Daninger stated that the Commission has faced some difficult variance requests recently. S Regular Andover Planning and Zoning Commission Workshop Meeting DRAFT Minutes — December 13, 2011 Page 4 ® Commissioner Cleveland stated the garage height variance had the nuance of being taller than the house yet lower than the house due to the topography. Commissioner Olsen stated that should not have been an issue. Mr. Carlberg stated that the Commission should apply the variance criteria strictly as the ordinance is intended. Circumstances like the curvature of a road or right -of -way acquisition create a unique circumstance, not just a desire by the property owner. Commissioner Cleveland recalled a variance the Commission had reviewed where most of the rear yard was within an easement a variance was granted to allow a deck in the side yard setback. Chairman Daninger stated he would continue to explain the process to applicants during the meeting so that they understand the process, including the role of the Commission to make a recommendation and that the Council would make a final decision. Commissioner Cleveland stated that it would be important for Commissioners to express their thoughts, even if everyone didn't agree it would be important to the discussion and end result. © Commissioner Holthus stated that she appreciated hearing the comments of other Commissioners during the discussion and that her opinion can change based on the discussion. Commissioner Gudmundson stated that including information about the intent of the ordinance and relationship to the Comprehensive Plan in the staff report would be helpful. Commissioner Cleveland stated one way to view variances is to try to determine if the scales balance between the request and the end result. Commissioner Gudmundson stated that the city has been lenient on commercial applications, such as outdoor storage at the Downtown Center and the Hughes Industrial Park. Commissioner Olsen stated that he viewed those requests differently. He stated that under a conditional use permit the city needed to approve applications that met city requirements. He stated they have applied current regulations to existing sites to bring them up to code and did not see that should be required. Commissioner Cleveland noted that the city had created an ordinance for the Hughes Industrial park that allowed them to gently bring older sites to date instead of forcing all © of the requirements to be met. Regular Andover Planning and Zoning Commission Workshop Meeting DRAFT Minutes —December 13, 2011 Page 5 ® Chairperson Daninger stated that sometimes emotions become involved and he strict to take a cautious approach and look at the facts in each case. He reviewed notes from the discussion, including that staff would provide information on the intent of the ordinance and relationship to the Comprehensive Plan in the staff report; that the chairperson would take notes during the Commission's discussion to help complete the findings and other Commissioners would as well; and that it was each Commissioner's responsibility to get their questions out there, to aid the review of reasonableness, uniqueness and neighborhood character and to ensure they had sufficient information to complete the findings. Commissioner Cleveland stated that the city can also place conditions on variances if there is reason to do so. Commissioner Kirchoff stated that he would be considering the resolution findings as the Commission discussed variances. Chairperson Daninger stated that if the Commission did not complete the findings that the discussion in the minutes could also be helpful to the Council. Commissioner Gudmundson confirmed that the Council may change the findings in the resolution. Mr. Carlberg noted that the Council had changed the findings significantly for the porch addition because they approved the variance whereas the Commission had recommended denial. He added that it was important the the Commission not indicate a desire to approve a variance for the applicant independent of the discussion. Chairperson Daninger stated that it was important to remember that not everyone affected by an item may be at the meeting. He added there may be people at home with a different point of view. OTHERR BUSINESS. There was none. ADJOURNMENT. Motion by Cleveland, seconded by Holthus, to adjourn the meeting at 6:52 p.m. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Walton) vote. Respectfully Submitted, 0 Courtney Bednarz