Planning & Zoning

PLANNING AND ZONING COMMISSION MEETING – DECEMBER 10, 2019 The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Bert Koehler IV on December 10, 2019, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Dean Daninger, Karen Godfrey, Scott Hudson, Nick Loehlein and Mary VanderLaan Commissioner absent: Jeff Sims Also present: Community Development Director Joe Janish City Planner Peter Hellegers Others PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES November 12, 2019 Chairperson Koehler stated he sent minor punctuation and typo edits to staff. Motion by Loehlein, seconded by Daninger, to approve the minutes as presented. Motion carried on a 5-ayes, 0-nays, 1-present (Hudson), 1-absent vote (Sims). PUBLIC HEARING: Conditional Use Permit (CUP) - An accessory structure on a lot prior to a principal structure - 2384 South Coon Creek Drive NW - Thomas and Susan Hughes (Applicants) City Planner Hellegers noted the purpose of this item is to hold a public hearing and take input on allowing a Conditional Use Permit (CUP) for an accessory building on a lot without a principal structure. Mr. Hellegers explained that City Code allows accessory buildings prior to the construction of a principal structure with a Conditional Use Permit. Mr. Hellegers stated the applicants previously owned both the subject parcel (2384 South Coon Creek Drive NW) and the adjacent parcel at 2356 South Coon Creek Drive NW. The applicant split the lots in December of 2017. Mr. Hellegers stated the lot split included conditions that the applicants pay defined park dedication and trail fees as well Regular Andover Planning and Zoning Commission Meeting Minutes – December 10, 2019 Page 2 as enter into an assessment agreement to maintain the existing detached garage for a defined period of one year. Mr. Hellegers presented a drawing showing the layout of the property with the existing garage and how a home could fit on the property. Commissioner VanderLaan asked if the utility line had capacity for a home. Mr. Hellegers stated the property is within the MUSA line and sewer is stubbed into the property. Chairperson Koehler asked if new property owner could build a three-car garage in addition to the garage already on the property. Mr. Hellegers responded that they could not. Chairperson Koehler stated he reviewed past minutes and video related to this item and did not find mention of an option for a CUP. Chairperson Koehler asked when the option of a CUP was brought up. Mr. Hellegers responded the language was in the assessment agreement between the City and the property owner. Motion by VanderLaan, seconded by Daninger, to open the public hearing at 7:09 p.m. Motion carried on a 6-ayes, 0-nays, 1-absent vote (Sims). Thomas Hughes, 113 168th Avenue NE, Ham Lake, Minnesota 55304, came forward and stated the property is up for sale and he has no intention of building a house on it. He stated he left the garage on the property in case the new owner was interested in it. Mr. Hughes stated the future of the garage is up to the new property owner, whether they wanted to keep it or tear it down to build a new structure. He stated his plan is to sell it and move on. Commissioner VanderLaan asked Mr. Hughes if he used the current structure for storage. Mr. Hughes responded he did. Chairperson Koehler asked how Mr. Hughes handled maintenance of the garage. Mr. Hughes stated the garage has steel siding, he drives by it weekly, and has a lawn service to tend to the yard. Commissioner Hudson asked how long the property has been on the market. Mr. Hughes stated the property has been for sale for around 1½ years. Commissioner VanderLaan asked if Mr. Hughes was responsible for the adjacent property which has a dumpster on it. Mr. Hughes stated he sold the lot and has no responsibility for it. Commissioner Loehlein stated the CUP was set for one year, however, it has been two years and the applicant is reapplying now. Commissioner Loehlein asked Mr. Hughes why there was a delay in the re-application and what has transpired. Mr. Hughes stated his wife inquired and was told not to worry about it by the City. Regular Andover Planning and Zoning Commission Meeting Minutes – December 10, 2019 Page 3 Chairperson Koehler asked Mr. Hughes if it would be acceptable if the City gave him one more year to remove the structure or sell the property. Mr. Hughes replied it would be acceptable. Commissioner Daninger asked what the comps are for three-car garages in the area. Mr. Hughes stated he is not comparing home comps; he is comparing lot comps. Commissioner Daninger asked if Mr. Hughes knows the cost of removing the garage. Mr. Hughes stated it was around $5,000. Commissioner Daninger asked if Mr. Hughes thought about lowering the lot price by $5,000. Mr. Hughes stated yes. Community Development Director Janish acknowledged the Planning and Zoning Commission received an email commenting on the CUP. Chairperson Koehler stated the Commission received the email and the email did not support the CUP because there are multiple cars parked outside the structure. Motion by Hudson, seconded by Daninger, to close the public hearing at 7:20 p.m. Motion carried on a 6-ayes, 0-nays, 1-absent vote (Sims). Commissioner VanderLaan expressed her denial of the CUP for the following reasons: the garage has been on the property for longer than the CUP allowed; the owner is not residing at the site; and it is aesthetically unpleasing in the neighborhood. Commissioner VanderLaan stated the garage prohibits the freedom of good design. She feels the garage should come down. Commissioner Godfrey asked staff if the CUP would remain with the property and what the timeline was. Mr. Hellegers replied the CUP stays with the property and there is no timeline. Chairperson Koehler stated the garage would be allowed to stay on the property indefinitely even if Mr. Hughes sold the land. Chairperson Koehler stated he would deny the permit but would like to give Mr. Hughes more time to sell the land and either tear down the garage or sell it with the property. Commissioner Loehlein stated he is struggling with the timeline as the applicant was given longer than the written agreement. He stated he is comfortable with one year, but not longer. Commissioner Hudson asked if the extension of the Land Use Agreement is under the Planning and Zoning Commission’s purview. He asked if the Commission should deny the permit and have the City discuss a time frame with the applicant. Chairperson Koehler concurred. Commissioner Daninger stated the time has come for the structure to be removed and he does not support an extension. He asked if the structure would need to be removed if the permit was denied or if Council or staff would be allowed to give the applicant an extension. Regular Andover Planning and Zoning Commission Meeting Minutes – December 10, 2019 Page 4 Mr. Hellegers stated if the CUP was denied, the Land Use Agreement states the structure must be removed. Commissioner Loehlein stated the Commission could deny the permit and recommend extension of the Land Use Agreement up to one year. Commissioner VanderLaan stated if she were a buyer, she would be interested in the property if the garage wasn’t there. She stated the garage is hampering the sale of the property. She stated an extension of the deadline to remove the structure is up to the City Council. Motion by Loehlein, seconded by Hudson, to recommend to the City Council denial of Conditional Use Permit (CUP) - An accessory structure on a lot prior to a principal structure - 2384 South Coon Creek Drive NW. Discussion: rationale for the denial was given by the Commission: 1. The one-year timeline for removal, building a principal structure, or applying for a CUP has passed and no action has been taken. 2. The presence of the structure has an adverse effect on the sale of the property. 3. The structure does not represent the character of new homes in Andover nor the character of homes in the neighborhood. 4. The structure conflicts with the ability to layout a new home on the property. 5. The approval of a CUP would allow the structure to remain on the property for perpetuity. 6. Commission gave staff direction to add to rationale with comments in the minutes and video. Commissioner Daninger asked staff to review the process the City took in advising the applicant not to worry about applying for the CUP when the applicant approached the City prior to the deadline of one year. Motion carried on a 6-ayes, 0-nays, 1-absent vote (Sims). Mr. Hellegers stated that this item would be before the Council at the December 17, 2019 City Council meeting. OTHER BUSINESS Community Development Director Janish updated the Planning Commission on related items. Mr. Janish stated a Code Amendment for an impound lot was recommended by the Commission to the City Council, however, the applicant withdrew the application as they found another property in another community. Regular Andover Planning and Zoning Commission Meeting Minutes – December 10, 2019 Page 5 Mr. Janish stated staff has sent out applications to Commissioners for renewing their terms. Mr. Janish stated staff and Council has been working on density requirements for the Met Council and plans to have a work session with the Commission when it clears the Met Council. Commissioner Godfrey asked where the City stands on the number of building permits this year. Mr. Janish replied there are 117 single family home permits. Chairperson Koehler wished everyone Happy Holidays and thanked everyone for their work. ADJOURNMENT Motion by Hudson, seconded by Daninger, to adjourn the meeting at 7:41 p.m. Motion carried on a 6-ayes, 0-nays, 1-absent vote (Sims). Respectfully Submitted, Shari Kunza, Recording Secretary TimeSaver Off Site Secretarial, Inc.