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HomeMy WebLinkAboutPZ - November 8, 2011ft NCIVE 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CLAN DOVER. MN.US Andover Planning and Zoning Commission Meeting Agenda November 8, 2011 Andover City Hall Council Chambers 8.01 p.m. 1. Call to Order 2. Approval of Minutes —July 12, 2011, September 13, 2011 3. PUBLIC HEARING: Variance (11 -03) to location and setback requirements of City Code 12 -6 -5 for existing accessory structure located at 2102 142 " Lane NW. 4. PUBLIC HEARING: Variance (11 -04) to side yard setback requirements of City Code 12 -3 -5 for house addition at 2067 142 d Avenue NW. © 5. Work Session: Commercial Development 6. Other Business 7. Adjournment \J NDOVE 0 PLANNING AND ZONING COMMISSION MEETING — NOVEMBER 8, 2011 The Regular Bi- Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Acting Chairperson Kirchoff on November 8, 2011, 8:01 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Chairperson Daninger (arrived at 8:42 p.m.) Commissioners Dennis Cleveland, Lynae Gudmundson, Valerie Holthus, Tim Kirchoff, Michael Olsen, and Devon Walton. Commissioners absent: None. Also present: City Planner, Courtney Bednarz Planning Intern, Andrew Liska Community Development Director, Dave Carlberg Others APPROVAL OF MINUTES. July 12, 2011 Mr. Bednarz stated he did not accept the changes presented by Commissioner Olsen as the recommendations did not accurately reflect his comments at the meeting. Commissioner Cleveland requested the word "site" be changed to "sign' on Page 7. Commissioner Olsen questioned if the tape should be further reviewed to have a verbatim depiction entered into the minutes and presented to the Planning Commission. Acting Chairperson Kirchoff stated it was his understanding the minutes were a synopsis of what occurred at the meeting. He asked if staff was seeking to make a change at this time. Mr. Bednarz explained the meeting minutes were to be a summarization of discussion that accurately reflects the decisions made with motions. Commissioner Olsen felt the minutes did not accurately reflect the actions taken at this meeting. He stated his intent was to say that a public hearing was not conducted on an ordinance adopted by the City. That was his main intent and should be reflected. Regular Andover Planning and Zoning Commission Meeting Minutes — November 8, 2011 Page 2 ►`J Commissioner Walton indicated all minutes were a summation of the meeting and exact detail could be reviewed through the online web streamed videos. He suggested the minutes contain a footnote reflecting that option is available. Commissioner Olsen clarified that the minutes; however, will eventually become an official document of the events that took place at the meeting. Acting Chairperson Kirchoff expressed concern about approving the minutes with verbatim statements from Commissioner Olsen because every word would have to be reviewed. Commissioner Holthus indicated the minutes could be accepted by the Commission as submitted by the recording secretary and Commissioners vote for or against that motion. Commissioner Olsen stated his concern was that staff had indicated the proposed change to the ordinance was included in the documentation; however, it was not included. Mr. Bednarz provided a further explanation of how this issue was handled by the Council and indicated the minutes accurately reflected the events that occurred at the meeting. Motion by Walton, seconded by Gudmundson, to approve the minutes as originally presented by the recording secretary with a change on Page 7 changing "site" to "sign" Motion carried on a 4 -ayes, 2 -nays (Olsen, Cleveland), 1- absent (Daninger) vote. September 13, 2011 Commissioner Cleveland indicated Page 1 should reflect that Commissioner Olsen had three pages of changes and not Commissioner Walton. Motion by Walton, seconded by Cleveland, to approve the minutes as amended. Motion carried on a 6 -ayes, 0 -nays, 1- absent vote (Daninger). PUBLICHEARING: Variance (11 -03) to location and setback requirements of City Code 12 -6 -5 for existing accessory structure located at 2102142 Lane NW. Mr. Liska noted the purpose of this item is to hold a public hearing and take input on a variance request at 2102 142 °a Lane NW. Mr. Liska reviewed the proposed variance with the Commission. Commissioner Cleveland questioned the size of the existing structure as it was larger than allowed through the zoning code. Mr. Liska indicated the homeowner would need to apply for a building permit to bring the structure into compliance. E AR Regular Andover Planning and Zoning Commission Meeting Minutes — November 8, 2011 Page 3 © Commissioner Gudmundson asked if the drainage and utility easement ran behind each property along 142 Lane. Mr. Liska stated this was the case. Commissioner Gudmundson inquired if the rear -yard fence was on the back property line. Mr. Liska stated the fences were on the rear property line within the easement. Mr. Bednarz explained fences are allowed up to the property line provided there are no underground utilities. Commissioner Cleveland asked if there were buried utilities under the accessory structure. Mr. Bednarz explained there were no utilities buried under the structure. Commissioner Holthus questioned if the previous variance standards would have allowed for this accessory structure. Acting Chairperson Kirchoff clarified the accessory structure ordinance had not changed, merely the variance review criteria. Commissioner Gudmundson inquired if a tree could be removed in the rear yard to allow for the accessory structure to be placed within the proper setbacks. Mr. Liska suggested this question be addressed with the applicant. Motion by Walton, seconded by Cleveland, to open the public hearing at 8:17 p.m. Motion carried on a 6 -ayes, 0 -nays, 1- absent vote (Daninger). © Ryan Dostal, 2102 142 Lane NW, explained the structure was built on September 17 to assist with his family's immediate storage needs. He indicated a building permit was not applied for prior to erecting the structure. He apologized for that, but requested the building remain in its present location. The shed was presently tucked into the rear corner of the lot and moving it 10 feet forward would place it close to an outdoor patio/barbeque area. Mr. Dostal noted he spoke with all three neighbors abutting his property before placing the shed in the rear corner. He also received signatures from each of the three neighbors at the lot corner and had support from every neighbor on the placement and location of the shed. Mr. Dostal indicated the shed had a permanent paver slab underneath it presently. He noted the building was painted and trimmed to match the primary structure. Mr. Dostal requested the Commission allow the structure to remain in its present location. Ann Dostal, 2102 142 Lane NW, asked that the existing pine trees be allowed to remain as this provided screening for the neighboring properties. Commissioner Walton questioned why the homeowner did not approach the City before constructing the shed. Mr. Dostal indicated he was aware a building permit was needed for larger structures and intended to apply for the permit. He understood there were rear © yard setbacks, but after walking through the neighborhood and seeing a number of sheds in the same location, he proceeded. Mr. Dostal explained that every property owner Regular Andover Planning and Zoning Commission Meeting Minutes — November 8, 2011 Page 4 © along 142 and homes behind his property signed a petition of support for the placement of the shed. Motion by Cleveland, seconded by Walton, to close the public hearing at 8:26 p.m. Motion carried on a 6 -ayes, 0 -nays, 1- absent vote (Daninger). Acting Chairperson Kirchoff reviewed the criteria for approval with the Commission. Commissioner Gudmundson stated the structure was not in harmony with City Code as the shed was encroaching on the drainage and utility easement. She indicated the guidelines for approval of a variance were strict so as not to set precedence. Acting Chairperson Kirchoff indicated he was not opposed to the shed, but stated the Commission had to follow the City Code on this issue. Commissioner Walton commented the Commission had to follow the City Ordinances even if the neighborhood was supportive. Eventually a neighbor would move, and could be burdened by the structure. Commissioner Cleveland stated the request was inconsistent with the comprehensive plan due to the violation being caused by the shed as it encroaches on the easement. © Acting Chairperson Kirchoff indicated accessory structures are a reasonable use of the property. The Commission agreed. Commissioner Gudmundson stated the shed could be moved to meet City Code. Acting Chairperson Kirchoff agreed explaining the hardship was created by the homeowner placing the structure in its current location. He felt the overall character or aesthetics of the neighborhood would not be changed with the shed. He apologized to the homeowners for the lack of support, but stated it is unlikely that the City would amend the ordinance for this request. Motion by Cleveland, seconded by Olsen, to recommend the City Council deny Variance 11 -03, the location and setback requirement variance for an existing accessory structure located at 2102 142 n Lane NW as it does not meet the variance criteria for approval within City Code 12 -14 -7. Motion carried on a 6 -ayes, 0 -nays, 1- absent vote (Daninger). Mr. Bednarz stated that this item would be before the Council at the November 15, 2011 City Council meeting. PUBLICHEARING. Variance (11 -04) to side yard setback requirements of City Code 12 -3 -5 for house addition at 2067142 " Avenue NW. C Regular Andover Planning and Zoning Commission Meeting Minutes —November 8, 2011 Page 5 © Mr. Bednarz noted the purpose of this item is to hold a public hearing and take input on the variance request at 2067 142 Avenue NW. Mr. Bednarz reviewed the proposed variance with the Commission. Commissioner Olsen questioned when the home was built and what the setbacks were at that time. Mr. Bednarz stated the home was built in 1992 and the garage setback was six feet for the garage and ten feet for the house. Commissioner Olsen requested further information on the intent of the Ordinance as noted within the staff report. Mr. Bednarz stated this language was not within the City's Ordinance but was more descriptive and reflects planning practices from the American Planning Association. Commissioner Cleveland asked if there was an outlot adjacent to this property in 1992. Mr. Bednarz clarified that the property line location has not changed and that the 7 d ' Addition of Kensington Estates was adjacent to this property. Chairperson Daninger arrived at the meeting. Motion by Walton, seconded by Gudmundson, to open the public hearing at 8:42 p.m. © Motion carried on a 7 -ayes, 0 -nays, 0- absent vote. Jimmy Ray Tordy, Champion Home Improvements, indicated the homeowners were requesting a 12' x 16' foot sunroom. The applicants were seeking a two foot variance and the neighboring property supported the request. He stated when the home was built, the adjacent land was undeveloped. He explained the practical difficulty to be that a tremendous amount of reconstruction would be needed if the sunroom were added to the rear of the home, versus on the side. Commissioner Kirchoff questioned why the sunroom was not being added to the rear of the home. Pat Hayek, 2067 142 Avenue NW, stated this area of the home had northern exposure and had little sunlight. Commissioner Walton asked when the deck was constructed. Mr. Hayek stated the deck was built in 1994. Commissioner Olsen clarified the sunroom would not have been allowed in 1994 given the setback standards both then and now. Motion by Walton, seconded by Cleveland, to close the public hearing at 8:47 p.m. Motion carried on a 7 -ayes, 0 -nays, 0- absent vote. © Acting Chairperson Kirchoff questioned if the request was in harmony with the purpose and intent of the ordinance. Regular Andover Planning and Zoning Commission Meeting Minutes —November 8, 2011 Page 6 H Commissioner Walton stated the request was not in harmony with the intent of the ordinance because the porch did encroach on the side yard setback. Mr. Bednarz stated all variance requests do not meet ordinance requirements. He asked the commission to consider revising this finding. Acting Chairperson Kirchoff asked if the request was consistent with the City's Comprehensive Plan. He stated the sunroom would encroach 2 '/z feet into the side yard setback. Commissioner Gudmundson noted the two foot encroachment was a small amount but the City had to follow the guidelines. Acting Chairperson Kirchoff commented that with the addition of a sunroom the property owner was requesting to use the property in a reasonable manner. Acting Chairperson Kirchoff stated the property was a standard lot and topography was not an issue and there were no unique circumstances. Commissioner Gudmundson indicated the sliding glass door was placed on the side of the home for a future deck. © Acting Chairperson Kirchoff questioned if the character and integrity of the neighborhood would be affected if the 10 foot side yard setback were encroached. Commissioner Olsen explained the sunroom would be an improvement to the property and did not feel the two foot encroachment would affect or take away from the character of the neighborhood. Acting Chairperson Kirchoff agreed with this statement. Commissioner Walton clarified that a permit was not pulled for the deck and that this created the problem. He apologized to the homeowners but stated he could not support the variance request. Motion by Walton, seconded by Gudmundson, to recommend denial of Variance 11 -04, of the side yard setback variance for a house addition at 2067 142 Avenue NW due to the fact the original deck placement did not match City setbacks and an application for a building permit would have identified the required setback. Motion carried on a 7 -ayes, 0 -nays, 0- absent vote. Mr. Bednarz stated that this item would be before the Council at the November 15, 2011 City Council meeting. S Regular Andover Planning and Zoning Commission Meeting Minutes — November 8, 2011 Page 7 Q WORK SESSION— COMMERCL4L DEVELOPMENT. Mr. Carlberg thanked the Commission for the in depth Commercial Development discussion held at the September meeting. He reviewed the desire from the Commission was to have 20% of the City's tax base be from Commercial /Industrial uses. The Commission recommended a retail market analysis of the City be completed. This information was passed along to the EDA and after a lengthy discussion the EDA directed staff to proceed with soliciting proposals to have a retail market analysis done. Mr. Carlberg indicated Staff researched and provided the Commission with information on the percentage of commercial /industrial properties in neighboring cities. Anoka, Blaine and Coon Rapids ranged from 30 -35% of their tax base being generated from commercial and industrial uses. Andover currently has 8.2% while East Bethel has 9% and Oak Grove has 5.2 %. He found the results to be typical for a four tier community. Mr. Carlberg stated he would report back to the Commission after the retail analysis was completed by the EDA. Chairperson Daninger asked how the Commission was to proceed this evening. Mr. Carlberg indicated the data provided this evening was for informational purposes. Additional feedback could be passed along to the EDA. Commissioner Olsen questioned where 20% came from. Mr. Carlberg stated this number was desired to assist with supporting the City and to reduce the burden placed on the residential taxpayers. This was a recommendation after speaking with a number of other communities. Commissioner Kirchoff felt this was a great goal. Commissioner Olsen struggled with how this percentage equated into acreage within the City. Mr. Carlberg stated the retail market analysis would review the current tax revenue generated from commercial properties and provide recommendations to the City on how much more property was needed to meet the 20% goal. It would also provide information on the type of retail attractions the City should be pursuing. Commissioner Kirchoff questioned if the market study would review how new development would affect the surrounding communities. Mr. Carlberg stated this was the case. Chairperson Daninger thanked the Commission for the healthy discussion of this issue and for providing a recommendation to staff. Mr. Carlberg stated Staff would continue to review the issue and would report back to the Commission when additional information was available. C Regular Andover Planning and Zoning Commission Meeting Minutes — November 8, 2011 Page 8 OTHER BUSINESS. Mr. Bednarz updated the Planning Commission on related items. Mr. Bednarz mentioned that Commissioners Walton and Kirchoff's seats on the Commission were set to expire at the end of December. He encouraged both to reapply for the position by December 9 along with anyone else interested, and that the Council would be interviewing all interested applicants. Mr. Bednarz stated a citizen survey was now available on the City's website seeking information on City services and programs offered. Mr. Bednarz updated the Commission on the conditional use permits discussed in September. He noted the Time to Thrift CUP was approved by the Council further limiting the outdoor display space and that all items displayed be non - combustible. The second CUP request from the Hughes Industrial Park was approved with additional landscaping to assist with screening. The building was presently under construction. Commissioner Cleveland indicated he was struggling with the variance requests presented to the Commission this evening, along with the new approval criteria. He questioned how future requests would be approved. Mr. Bednarz further reviewed the © approval criteria with the Commission. Chairperson Daninger stated it was tough for the Commission to deny a case. He felt the Commission still had the ability to fill in the blanks and approve a request. Commissioner Olsen suggested a work session be held to assist the Commissioners with becoming more familiar with the new approval process. Commissioner Gudmundson agreed with this recommendation. The Commission further discussed variance cases in the past and the new approval process. Mr. Carlberg felt it would benefit the Commission to further discuss the variance approval process at a work session meeting. Mr. Bednarz stated that while a process could be created, the Commission would have to understand that each requests needed to be reviewed on a case by case basis. Mr. Carlberg suggested a 6:00 p.m. work session prior to the next Planning Commission meeting, scheduled for December 13 0 The Commission was in favor of this recommendation. Regular Andover Planning and Zoning Commission Meeting Minutes — November 8, 2011 Page 9 Chairperson Daninger reiterated that applications for the Planning Commission positions were available on the City's website. He noted that there were also openings on other Boards and Commissions within the City. He encouraged those interested to make application. Commission Olsen expressed concern with the passing and amending of Ordinances. He wanted to be assured that the Commission and City was consistent with current Code. He did not want to see the City creating a separate playing field for certain Ordinance amendment requests. He asked that this be discussed in a future work session in more detail. Chairperson Daninger did not feel the City was placing itself on a separate playing field. He requested Commission Olsen provide more notice to the Chair or staff prior to bringing up new meeting topics. Chairperson Daninger suggested the differences be discussed with Staff in detail prior to the next Commission meeting. Mr. Bednarz stated the Commission reviews cases and makes recommendations to the Council. However, not every request is brought before the Commission for comment. He asked that the Commission understand that the Council was the final acting body. Mr. Carlberg indicated he has worked on several Ordinance amendments as well that were not brought through the Commission for comment. He noted additional discussion could be held by the Commission at a future work session. Commissioner Olsen read City Ordinance 12 -4 -4 stating all proposed amendments shall be referred to the Planning Commission prior to adoption. The Planning and Zoning Commission shall hold a public hearing on the proposed amendment. He indicated this was quite cut and dry on how ordinance amendments should be handled. Chairperson Daninger suggested this issue be added to the December work session meeting. ADJOURNMENT. Motion by Walton, seconded by Kirchoff, to adjourn the meeting at 9:30 p.m. Motion carried on a 7 -ayes, 0 -nays, 0- absent vote. Respectfully Submitted, Heidi Guenther, Recording Secretary Timesaver Off Site Secretarial, Inc.