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HomeMy WebLinkAboutPZ - July 12, 2011H Andover Planning and Zoning Commission Meeting Agenda July 12, 2011 Andover City Hall Council Chambers 7.00 p.m. 1. Call to Order 2. Approval of Minutes —March 8, 2011, May 24, 2011 3. PUBLIC HEARING: Variance (11 -01) to accessory structure height requirements of City Code 12 -6 -3 at 18046 Round Lake Boulevard NW. 4. PUBLIC HEARING: Variance (11 -02) to accessory structure location and setback requirements of City Code 12 -6 -5 at 13367 Martin Street NW. 0 5. PUBLIC HEARING: Conditional Use Permit (11 -02) for used vehicle sales at 3138 162 Lane NW. 6. Work Session: Commercial Development 7. Other Business 8. Adjournment C 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US L IA.J The Regular Bi- Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Daninger on July 12, 2011, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. PLANNING AND ZONING COMMISSION MEETING — JULY 12, 2011 Commissioners present: Chairperson Daninger, Commissioners Dennis Cleveland, Lynae Gudmundson, Tim Kirchoff, Michael Olsen, and Devon Walton. Commissioners absent: Also present: APPROVAL OFMINUTES. Commissioner Valerie Holthus. City Planner, Courtney Bednarz Community Development Director, Dave Carlberg Others March 8, 2011 and May 24, 2011 Commissioner Olsen requested a change on Page 3, Line 7 and 8, to read that CUP applicants could not apply for another year. Staff clarified that on Page 2, Chairperson Daninger should be shown as absent on the vote. Motion by Kirchoff, seconded by Walton, to approve the March 8, 2011, minutes as amended. Motion carried on a 5 -ayes, 0 -nays, 1- present ( Daninger), 1- absent (Holthus) vote. The May 24, 2011 minutes were postponed to the next Planning Commission meeting. PUBLICHEARING. VARIANCE (11 -01) TOACCESSORYSTRUCTURE HEIGHT REQUIREMENTS OF CITY CODE 12 -6 -3 AT 18046 ROUND LAKE BOULEVARD NW. Mr. Bednarz noted the purpose of this item is to hold a public hearing and take input on the application for a Variance at 18046 Round Lake Boulevard NW. Mr. Bednarz reviewed the proposed Variance with the Commission along with the new City Code language regarding variances. Chairperson Daninger explained to the Commission the new variance approval process. H Regular Andover Planning and Zoning Commission Meeting Minutes —July 12, 2011 Page 2 © Commissioner Kirchoff questioned the size of this lot. Mr. Bednarz stated the lot was 2.3 acres in size. Commissioner Gudmundson asked how far the garage would be set back from Round Lake Boulevard. Mr. Bednarz explained the garage would have to be set back a minimum of 60 feet from the property line. He noted the location would have to be verified through the building permit process. Commissioner Cleveland inquired if the proposed building height was necessary. Mr. Bednarz stated 1,544 square feet of accessory structure space was being proposed and the applicant was requesting a higher roofline for additional storage. Commissioner Walton clarified that the house itself was 17 feet high and the accessory structure was proposed to be 18 feet 8 inches high. Mr. Bednarz stated this was the case. Commissioner Cleveland asked if the height of the accessory building would be lower than the principle structure due to the fact the accessory structure would be built on a low point on the lot. Mr. Bednarz stated the final building location for the accessory structure was still unknown. Motion by Walton, seconded by Kirchoff, to open the public hearing at 7:15 p.m. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Holthus) vote. Chris Hagestuen, 18046 Round Lake Boulevard, the applicant, stated he was present to take questions or comments from the Commission. Commissioner Cleveland questioned the height of the second level of the accessory structure. Mr. Hagestuen explained there would be seven feet of clearance space. The main level would have eight feet on the ground level. Commissioner Walton asked if the applicant had reviewed other possible designs to eliminate the need for a variance. Mr. Hagestuen stated he has looked at 50 garage designs to maximize the space while trying to reduce the height of the structure. Commissioner Gudmundson inquired if there were other design options available to meet the City's height guidelines. Mr. Hagestuen indicated other options would meet the height requirements but eliminated the second story, which was needed for storage. Chairperson Daninger commented that an economical hardship would not be considered when approving this variance. He asked if the garage could be pushed back on the lot. Mr. Hagestuen stated this would interfere with his septic system. Commissioner Walton asked the square footage of the storage room in the accessory © building. Mr. Hagestuen estimated the space to be 34 feet by 14 feet. Regular Andover Planning and Zoning Commission Meeting Minutes — July 12, 2011 Page 3 © Commissioner Walton questioned if the applicant's storage needs could be met on the lower level of the garage. Mr. Hagestuen felt this would not be enough space for his family as they had three vehicles, a trailer, a tractor, and an ATV. Motion by Cleveland, seconded by Kirchoff, to close the public hearing at 7:23 p.m. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Holthus) vote. Commissioner Cleveland asked if the Commission should be reading through the new variance guidelines one by one with this request. Mr. Bednarz felt this was a great suggestion and noted all guidelines had to be met before the variance could be approved. Commissioner Olsen was unclear how accessory structure height was evaluated in the City's Code. He thought that so long as the site line of the garage did not exceed the principle structure, this was acceptable. However, this varied from the information presented by Staff this evening. Mr. Bednarz explained the City followed the Uniform International Building Code along with their definitions for building height. Commissioner Olsen expressed frustration with the confusion in the building height definition. Mr. Bednarz stated the building height was quite clear and then averages were used from the Uniform International Building Code. Commissioner Walton commented the interpretation of building height could be misunderstood but City Staff does have a clear understanding of how this calculation was to be determined. Chairperson Daninger read through the variance requirements and asked for comments from the Commission. Commissioner Olsen was in favor of the variance. Commissioner Cleveland stated historically the Commission has approved variance requests when reasonable. Commissioner Gudmundson requested the Commission work through the new guidelines further before she finalized her decision. Commissioner Walton expressed concern with the applicant's need for the additional space and if he has, perhaps, outgrown the property. Commissioner Kirchoff commented the proposed structure fit with the neighborhood. Chairperson Daninger explained the structure was consistent with the Comprehensive Plan. M Regular Andover Planning and Zoning Commission Meeting Minutes —July 12, 2011 Page 4 © Commissioner Kirchoff indicated the property owner would be using the accessory structure in a reasonable manner and are allowed in residential areas. Commissioner Cleveland questioned if the height of the structure was in harmony with the City's Ordinance. Mr. Bednarz stated this was for the Commission to determine and reviewed and indicated that the intent of the ordinance was to keep accessory structures in proportion with the home. Commissioner Olsen reiterated that the garage would be 120 feet from the center line of Round Lake Boulevard and the applicant was proposing a nice structure with a matching color scheme to the house. Chairperson Daninger explained the structure was in harmony as it was consistent with the City's other Ordinances. Mr. Bednarz added that because the structure would sit lower than the house on the property, the structure would be consistent with the Ordinance. He suggested the Commission could include language in the motion stating the difference in the two structures was minimal and that the accessory structure would sit lower than the house. Commissioner Gudmundson would support this so long as the final building spot was lower in elevation than the principle structure. © Commissioner Olsen again expressed frustration with the confusion between the house height and visual difference in height from site lines. Commissioner Kirchoff questioned if each variance request had to have a unique circumstance. Mr. Bednarz stated this was the case. Chairperson Daninger summarized the variance require criteria further stating the first guideline was met because the accessory structure was in harmony with City Ordinance because the physical height was minimal and was consistent with the neighborhood. The request was consistent with the Comprehensive Plan because it shows no inconsistencies. The intent for the property was reasonable due to the fact accessory structures were permitted in residential zoning districts and all other aspects of the variance request were compliant. The foundation of the accessory structure would be lower. For this reason, the garage height and house height difference would be minimal. The locality of the accessory structure fit the neighborhood and was unique due to the topography of the property and style of the house. Chairperson Daninger reiterated that the building height would have to be verified through the building permit request. Mr. Bednarz clarified the findings. Motion by Olsen, seconded by Kirchoff, to recommend to the City Council approval of ® Variance (11 -01) to accessory structure height requirements of City Code 12 -6 -3 at 18046 Round Lake Boulevard based on the findings stated above. Regular Andover Planning and Zoning Commission Meeting Minutes —July 12, 2011 Page 5 C Chairperson Daninger commented he was conservative on variance approvals and felt economic hardships were not a consideration for approval. He stated a building could be built to meet the City's requirements and not require a variance. Motion failed on a split 3 -ayes, 3 -nays ( Daninger, Walton, Cleveland), 1- absent (Holthus) vote. Commissioner Gudmundson suggested a condition for approval be added to assure that the building pad is lower in elevation than the principle structure and that the City's setback requirements are met. This would assure that the building was only minimally higher than the house. Commissioner Olsen agreed with this recommendation. Motion by Olsen, seconded by Kirchoff, to recommend to the City Council approval of Variance (11 -01) to accessory structure height requirements of City Code 12 -6 -3 at 18046 Round Lake Boulevard based on the findings stated above and adding a condition for approval to assure that the building pad is lower in elevation than the principle structure and that the City's setback requirements be met. Motion carried on a 3 -ayes, 2 -nays ( Daninger, Cleveland), 1- present (Walton), 1- absent © (Holthus) vote. Mr. Bednarz stated that this item would be before the Council at the July 19, 2011 City Council meeting. PUBLICHEARING. VARIANCE (11 -02) TOACCESSORYSTRUCTURE LOCATIONAND SETBA CK REQUIREMENTS OF CITY CODE 12 -6 -SAT 13367 MARTIN STREET NW. Mr. Bednarz noted the purpose of this item is to hold a public hearing and take input on the application for a Variance at 13367 Martin Street NW. Mr. Bednarz reviewed the proposed Variance with the Commission. He stated that it appeared the accessory structure could be moved to the side of the garage to comply with the ordinance. Chairperson Daninger noted for the record that an email was sent to the City opposing this variance request. Commissioner Gudmundson questioned the size of the current shed. Mr. Bednarz estimated the size to be 8 feet by 10 feet, or 80 square feet in size. S Regular Andover Planning and Zoning Commission Meeting Minutes — July 12, 2011 Page 6 © Motion by Walton, seconded by Gudmundson, to open the public hearing at 8:05 p.m. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Holthus) vote. Christina Collison, 13367 Martin Street, the applicant, was present to take comments from the Commission. Commissioner Kirchoff questioned how the shed was placed on the property. Mrs. Collison stated she has temporarily relocated to Arizona for her husband's work and the home was now being rented. She felt the structure was properly located on the site and was surprised when she received a letter from the City. Mrs. Collison commented she understood the shed to be placed on her side yard and not the front yard. There was some concern for placing the shed adjacent to the garage due to the changing slope of the property. Commissioner Olsen asked if the shed was placed on 4 foot by 4 foot skids. Ms. Collison believed that it was placed on 4 foot by 4 foot pieces of timber and was fully landscaped around the base of the structure. Motion by Cleveland, seconded by Kirchoff, to close the public hearing at 8:11 p.m. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Holthus) vote. © Chairperson Daninger read through the variance requirements and asked for comments from the Commission. Commissioner Walton felt the current location of the structure was odd and should be moved beside the garage. He indicated the setbacks may be met, but the location was odd. He did not feel the placement at this time was in harmony. Commissioner Cleveland questioned if the City gave out misinformation on the setbacks or placement of the shed. Mr. Bednarz indicated he had spoken with the staff person the applicant mentioned in the letter who indicated that he had discussed a fence location and the fact that a building permit for the accessory structure would not be required. However, he did not recall advising the applicant on the location. Commissioner Olsen asked if a shed could be in front of the sight line of a garage. Mr. Bednarz reviewed the ordinance with the Commission. Commissioner Olsen commented the building should not have been placed in its current site and agreed with Commissioner Walton that it should be moved. Chairperson Daninger read through the variance criteria noting the location of the shed was not in harmony and was out of compliance with City Code. The shed was also in front of the principle structure which did not align with City Ordinance. The shed was © not consistent with the goals and intent of the Comprehensive Plan as it did not visually fit the intent of the neighborhood. The applicant was using the property reasonably and Regular Andover Planning and Zoning Commission Meeting Minutes —July 12, 2011 Page 7 © accessory sheds were allowed in residential neighborhoods. The applicant did have a unique lot shape and had no backyard to place the shed. Commissioner Gudmundson questioned if the shed were pulled all the way to the front of the garage it would fit. Ms. Collison indicated it may fit in this location. She then expressed frustration that the shed would have to be moved at an additional expense, as she approached the City initially and was given inadequate information on the proper setbacks. Motion by Walton, seconded by Cleveland, to recommend denial of the variance (11 -02) to accessory structure location and setback requirements of City Code 12 -6 -5 at 13367 Martin Street based on the findings above. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Holthus) vote. Mr. Bednarz stated that this item would be before the Council at the July 19, 2011 City Council meeting. PUBLIC HEARING. CONDITIONAL USE PERMIT (11 -02) FOR USED VEHICLE SALES AT 3138162 LANE NW. Mr. Bednarz noted the purpose of this item is to hold a public hearing and take input on © the application for a Conditional Use Permit for used vehicle sales at 3138 162 Lane NW. Mr. Bednarz reviewed the proposed Conditional Use Permit with the Commission. Commissioner Gudmundson questioned the size of this property. Mr. Bednarz indicated the site was just over one acre. Commissioner Kirchoff asked if a sign would be placed in front of the building. Mr. Bednarz stated the applicant could choose to place a sign out front. Commissioner Olsen questioned if the CUP would have to be renewed annually. Mr. Bednarz stated the Commission could request to review the CUP on a yearly basis. Otherwise the CUP would remain with the property. Commissioner Gudmundson inquired if the site had adequate parking. Mr. Bednarz stated the additional parking would be housed inside the building as 15 stalls were required. Commissioner Gudmundson asked if there was space on the west side of the building for trees and shrubs. Mr. Bednarz felt small shrubs would be the best option for the west property line. X Regular Andover Planning and Zoning Commission Meeting Minutes —July 12, 2011 Page 8 Motion by Walton, seconded by Kirchoff, to open the public hearing at 8:34 p.m. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Holthus) vote. Jason Hemp, 2293 151 Lane, was present to take questions or comments from the Commission. Commissioner Gudmundson questioned if the property was for sale at this time. Mr. Hemp explained he was the buyer and the purchase was contingent upon approval of the CUP. Chairperson Daninger asked if the applicant was aware of the City requirements. Mr. Hemp noted he has reviewed this information with Staff. He understood he also needed to acquire a dealer's license in the City of Andover. Motion by Kirchoff, seconded by Cleveland, to close the public hearing at 8:37 p.m. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Holthus) vote. Motion by Walton, seconded by Kirchoff, to recommend approval of Conditional Use Permit (11 -02) for Used Vehicle Sales at 3138 162 Lane with the following two conditions: 1. The striping on site shall be reestablished. 2. Areas of the site not used for vehicles shall be re- vegetated. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Holthus) vote. Mr. Bednarz stated that this item would be before the Council at the July 19, 2011 City Council meeting. WORKSESSION.• COMMERCL4L DEVELOPMENT. The Commission agreed to table discussion on this item to the next meeting. OTHER BUSINESS. Mr. Bednarz updated the Planning Commission on related items. Mr. Bednarz introduced Dave Carlberg to the Commission as the City's new Community Development Director. Mr. Carlberg stated he was looking forward to working with the Commission, Council, and the community. Chairperson Daninger welcomed Mr. Carlberg to the City. Commissioner Olsen questioned if the Board of Appeals and Adjustment was done publically. Mr. Bednarz stated this section was included in the materials reviewed by the Regular Andover Planning and Zoning Commission Meeting Minutes —July 12, 2011 Page 9 Planning Commission but the changes made by the Council were not discussed by the Commission at the public hearing. Chairperson Daninger indicated the Andover Fun Fest was well attended this year. He thanked City Staff and all of the volunteers for the great success. The Commission discussed the new Variance process and requested Staff continue to keep the lines blank in the resolution but to create a list of possible language to fill in each line. This would assist the Commission with processing each request. ADJOURNMENT. Motion by Walton, seconded by Kirchoff, to adjourn the meeting at 8:52 p.m. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Holthus) vote. Respectfully Submitted, Heidi Guenther, Recording Secretary Timesaver Off Site Secretarial, Inc. H H