Loading...
HomeMy WebLinkAboutAugust 13, 20131685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV Andover Planning and Zoning Commission Meeting Agenda August 13, 2013 Andover City Hall Council Chambers 7.00 p.m. 1. Call to Order 2. Approval of Minutes — July 9, 2013 Regular Meeting 3. PUBLIC HEARING: Conditional Use Permit Amendment —16045 Nightingale Street NW — Request to extend the approval of subordinate classrooms — Andover Christian Church 4. PUBLIC HEARING: Conditional Use Permit — 1640 155`h Lane NW — Request © for a single station beauty salon within the existing building serving Arbor Oaks assisted living tenants along with clients from the general public — Arbor Oaks Development PUBLIC HEARING: Variance —15511 Juniper Street NW — Request to reduce the side yard setback from ten (10) feet to eight (8) feet for an existing structure and to allow the construction of an addition — Benjamin Rono 6. PUBLIC HEARING: Variance —15873 Linnet Street NW — Request to allow lot split more than one time in any three (3) year period as regulated in Andover City Code Title 13, Chapter 1, Section 3 — Scott Allen 7. Other Business 8. Adjournment X DOVE^ PLANNING AND ZONING COMMISSION MEETING — AUGUST 13, 2013 The Regular Bi- Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Daninger on August 13, 2013, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Chairperson Daninger, Commissioners Timothy Cleven, Lynae Gudmundson, Valerie Holthus, Bert Koehler IV, and Kyle Nemeth. Commissioners absent: Commissioner Steve Peterson Also present: Community Development Director Dave Carlberg City Planner Stephanie Hanson Associate Planner Andrew Liska Others APPROVAL OFMINUTES. July 9, 2013 Commissioner Nemeth stated on page three, seventh paragraph, the sentence should read: two exits, not two exists. Page five, sixth paragraph, middle sentence, "Mr. Haas indicated there are a few sidewalks in different neighborhoods ". Page six, fifth paragraph, "A round -about at Prairie Road and Andover Boulevard as recommended by the County Highway Department." Motion by Nemeth, seconded by Koehler, to approve the minutes as corrected above. Motion carried on a 4 -ayes, 0 -nays, 2- present ( Gudmundson, Holthus), 1- absent (Peterson) vote. PUBLIC HEARING: Conditional Use Permit Amendment —16045 Nightingale Street NW— Request to extend the approval of subordinate classrooms — Andover Christian Church. X Regular Andover Planning and Zoning Commission Meeting Minutes —August 13, 2013 Page 2 © Associate Planner Liska noted the purpose of this item is to hold a public hearing and take input on a Conditional Use Permit Amendment to extend the approval of subordinate classrooms. Associate Planner Liska reviewed the proposed Conditional Use Permit Amendment with the Commission. Motion by Holthus, seconded by Gudmundson, to open the public hearing at 7:06 p.m. Motion carried on a 6 -ayes, 0 -nays, 0- present, 1- absent (Peterson) vote. Mr. Jim Connor, Senior Pastor, Andover Christian Church, was at the meeting to answer questions. He noted that Dave Miller and Scott Nordquist were also at the meeting. Commissioner Nemeth stated the structure has been in place for the last fifteen years and City Code states that the applicant will provide a long -term plan for its removal. In the letter from the applicant, it states they are trying to raise funds to build a permanent structure but he would like to find out what the long -term solution would be. Mr. Connor stated their first priority financially has been paying off the balance of the purchase of the church. For a construction project, they need to have that debt paid off. He stated the building is a youth center and a high priority for them. They would like to have a larger multi -use room with a commercial kitchen for the youth. They do not have a definite plan yet. He stated he was hesitant to set a date and did not see this as a long -term solution. Commissioner Nemeth wondered if the Church had a time frame for removal. Mr. Connor stated he was not sure. Chairperson Daninger stated the goal is to remove it after five years but they could come in for an extension of time. Mr. Connor stated it is not just about their financial situation as a congregation, it is also the economy and so many unknowns for him so he is hesitant to make a firm commitment on time. Commissioner Nemeth wanted to make sure the inside is being kept up like the outside. Mr. Connor indicated it was. Commissioner Cleven asked if a fund has been set aside. Mr. Connor stated any excess funds they have are put to paying off the church loan rather than putting it towards a building fund because they know that the building of a new structure is the next step. He stated a couple of the trustees met with a contractor and were working off preliminary plans Family of Christ previously worked up and that gave them a ballpark per square foot cost. He stated they need to look at the plans to see what would work for the current congregation. Motion by Koehler, seconded by Nemeth, to close the public hearing at 7:15 p.m. Motion carried on a 6 -ayes, 0 -nays, 0- present, 1- absent (Peterson) vote. u Regular Andover Planning and Zoning Commission Meeting Minutes — August 13, 2013 Page 3 © Commissioner Nemeth noted it states in the Code that upon sale or transfer of ownership of the property the conditional use permit shall be brought up for renewal and he wondered if this was renewed when the church was purchased. Chairperson Daninger indicated that was correct. Commissioner Holthus asked how often the structures are inspected by the City. Community Development Director Carlberg indicated the Fire Department has a schedule where they inspect the structures every couple of years. He was not sure when the last time this was done. Commissioner Cleven stated the structures have anchors to tie them down and he wondered if they were looked at by the inspector at that time. Community Development Director Carlberg stated the Fire Department would not look at any structural anchoring. Commissioner Cleven asked if the City periodically inspects the structures. Community Development Director Carlberg indicated they do not have a scheduled program to look at all structures but if there is a concern brought to the City's attention, they will go out and look at them. Motion by Holthus, seconded by Gudmundson, to recommend to the City Council approval of the Conditional Use Permit Amendment to extend the approval of © subordinate classrooms. Motion carried on a 6 -ayes, 0 -nays, 0- present, I- absent (Peterson) vote. Associate Planner Liska stated that this item would be before the Council at the August 20, 2013 City Council meeting. PUBLIC HEARING: Conditional Use Permit — 1640155`h Lane NW — Request for a single station beauty salon within the existing building serving Arbor Oaks assisted living tenants along with clients from the general public — Arbor Oaks Development Associate Planner Liska noted the purpose of this item is to hold a public hearing and take input on a Conditional Use Permit for a single station beauty salon with the existing building serving Arbor Oaks Assisted Living tenants along with clients from the general public. Associate Planner Liska reviewed the proposed Conditional Use Permit with the Commission. Commissioner Nemeth asked if there is any requirement regarding adequate ventilation of the stature of this type of business. Community Development Director Carlberg stated the City did a final inspection with the issuance of the certificate of occupancy and there © is adequate ventilation. Regular Andover Planning and Zoning Commission Meeting Minutes —August 13, 2013 Page 4 © Commissioner Cleven stated during the construction was the salon anticipated at that time. Community Development Director Carlberg indicated it was but the CUP was triggered by opening the salon up to outside customers. Chairperson Daninger asked if a beauty salon was opened up outside of an assisted living facility what requirements would they have to meet. Mr. Liska indicated it depends on the zoning district. Chairperson Daninger stated the resolution is based on the in -home beauty salon wording. Mr. Liska stated that was correct. Motion by Holthus, seconded by Gudmundson, to open the public hearing at 7:26 p.m. Motion carried on a 6 -ayes, 0 -nays, 0- present, 1- absent (Peterson) vote. Mr. Roger Fink, Trident Development, representing Arbor Oaks Senior Living, joined by Cassie Callahan, Executive Director of Arbor Oaks and Colleen Richmond, beauty salon operator. Mr. Fink stated construction is not complete but they have received their certificate of occupancy in July with over 20 residents confirmed and reserved for units there. The CUP would help them to accomplish a few things; one, it allows Ms. Richmond to © demonstrate to the Department of Health that this use is an approved use within that Zoning District and it would also allow her to see the occasional client that would not be a resident of Arbor Oaks. He wanted to make sure that they fully disclose their operation and are in complete compliance with City Code. Commissioner Holthus asked if the days and hours are expected to be extended. Mr. Fink stated they are currently operating a couple of days a week on appointments only. There are only ten to twelve residents now so there is not a huge demand but as the residents increase, the demand may also increase so they may need to increase their operating hours. Commissioner Koehler asked how many other facilities with beauty salons they run. Mr. Fink stated between Tealwood Management and Trident Development, he thought they operated over twenty assisted living facilities and another twenty nursing homes. Trident Development currently runs eight by themselves. Motion by Holthus, seconded by Nemeth, to close the public hearing at 7:32 p.m. Motion carried on a 6 -ayes, 0 -nays, 0- present, 1- absent (Peterson) vote. Motion by Holthus, seconded by Nemeth, to recommend to the City Council approval of a Conditional Use Permit for a single station beauty salon. Motion carried on a 6 -ayes, 0- nays, 0- present, 1- absent (Peterson) vote. C Regular Andover Planning and Zoning Commission Meeting Minutes —August 13, 2013 Page 5 © Associate Planner Liska stated that this item would be before the Council at the August 20, 2013 City Council meeting. PUBLIC HEARING: Variance —15511 Juniper Street NW— Request to reduce the side yard setback from ten (10) feet to eight (8) feet for an existing structure and to allow the construction of an addition — Benjamin Rono City Planner Hanson noted the purpose of this item is to hold a public hearing and take input on a variance request to reduce the side yard setback from ten feet to eight feet for an existing structure and to allow the construction of an addition. City Planner Hanson reviewed the proposed variance with the Commission. Commissioner Gudmundson asked if there were specific plans on what the addition would look like. City Planner Hanson indicated they did not have plans currently but the addition will have to match the existing house. Motion by Holthus, seconded by Gudmundson, to open the public hearing at 7:37 p.m. Motion carried on a 6 -ayes, 0 -nays, 0- present, 1- absent (Peterson) vote. © Mr. Ben Rono, 15511 Juniper Street NW, stated the proposed addition would have a gable running west, coming out 14 feet and about 24 feet wide. He stated the front door would change from a south facing to a west facing entrance, giving them a larger entry way and living room. Commissioner Holthus asked if there were plans to put any brick or stone on the front. Mr. Rono stated the house is vinyl siding but the detached garage is fiber cement. He wants to change his house to fiber cement to match his garage with aluminum soffits and fascia and they would like to put a small wainscot of stone across the front to enhance the curbside appearance. Chairperson Daninger asked if there will be a contractor or would this be done by Mr. Rono. Mr. Rono stated there will be a contractor and they would like to have this done by the end of the year. Commissioner Holthus asked if there will be a basement under the addition. Mr. Rono indicated it would be slab on grade. Motion by Gudmundson, seconded by Cleven, to close the public hearing at 7:40 p.m. Motion carried on a 6 -ayes, 0 -nays, 0- present, 1- absent (Peterson) vote. Commissioner Gudmundson asked if the Planning Commission will review the plans if © this is approved. City Planner Hanson indicated the Planning Commission would not, if approved this would go directly to the Building Department for review and approval. S Regular Andover Planning and Zoning Commission Meeting Minutes — August 13, 2013 Page 6 Commissioner Gudmundson stated if they need to meet all of the requirements, it may be hard to meet item 3, which talks about the essential character of the locale and the look of it. Ms. Hanson indicated there are building criteria in the code that need to be met. Community Development Director Carlberg stated the discussion has been good to find out what the structure looks like but what the Commission needs to evaluate is if it is acceptable to give a two -foot variance based on the location of the structure and setbacks. Chairperson Daninger indicated he did not have a problem with this. Commissioner Holthus thought this met the criteria to grant a hardship. Motion by Holthus, seconded by Nemeth, to recommend to the City Council approval of a variance at 15511 Juniper Street NW, requesting to reduce the side yard setback from ten (10) feet to eight (8) feet for an existing structure and to allow the construction of an addition. Commissioner Koehler stated there is a sunset clause on this variance so everything needs to be completed within one year. Commissioner Cleven stated he was interested in the layout of the two buildings and he © wondered if there is enough space between the homes if an emergency vehicle needs to get through. City Planner Hanson indicated there would be enough space for emergency vehicles to get through if needed. Community Development Director Carlberg noted the yard would not support a fire truck. If a fire occurred it would be handled from the road. Motion carried on a 6 -ayes, 0 -nays, 0- present, 1- absent (Peterson) vote. City Planner Hanson stated that this item would be before the Council at the August 20, 2013 City Council meeting. PUBLIC HEARING: Variance —15873 Linnet Street NW— Request to allow a lot split more than one time in any three (3) year period as regulated in Andover City Code Title 13, Chapter 1, Section 3 — Scott Allen. City Planner Hanson noted the purpose of this item is to hold a public hearing and take input on a variance request to allow a lot split more than one time in a three -year period as regulated in Andover City Code Title 13, Chapter 1, Section 3. City Planner Hanson reviewed the proposed variance with the Commission. Chairperson Daninger explained what the Commission needed to review. C Regular Andover Planning and Zoning Commission Meeting Minutes — August 13, 2013 Page 7 © Commissioner Gudmundson asked if the City Council is working on an amendment for this, why wouldn't the City wait until it is done and then Mr. Allen could come forward. Commissioner Nemeth thought this might have to do with timing also. Commissioner Koehler indicated he is friends with Mr. Allen so he will participate in discussion but abstain from voting on this item. Commissioner Holthus asked for clarification on the amendment the City Council is working on and what that involves. Community Development Director Carlberg stated the Council has not had it before them at this point but at the January City Council work session, there was discussion to work on changing the code. He noted staff is working on information to bring back to the Council. Staff is currently working on the land use table but the Council wants to provide some exceptions to the three -year rule. He thought Mr. Nemeth stated it correctly, that it is a timing issue. Chairperson Daninger stated this item is talking about the variance to the timing of the lot split and Mr. Allen will come forth with more detail when he applies for the lot split if the variance is granted. Commissioner Gudmundson asked staff what the initial thought process was behind the three -year split rule. Community Development Director Carlberg stated this came about because the City did not want to see the developers or landowners circumvent the platting process and just carving up pieces of property. He noted the Council has been pretty strict over the years in making people do three lot subdivisions but some of the circumstances have changed and this is a homeowner surrounded by urban development and streets and utilities are there. The Council thought it was time to make some changes or set some exceptions to that rule, but still direct people through the platting process rather than the lot split process. Chairperson Daninger asked whether the Commission is looking to discuss this or make a recommendation. He asked what they need in order to deny or approve this. City Planner Hanson stated the approval was to allow Mr. Allen to split more than one time in any three -year period. Community Development Director Carlberg stated the City believes Mr. Allen meets those criteria, as far as the utilities and streets. If the variance is granted, there will be a lot split application filed concurrently with a rezoning application, the Planning Commission will look at all those conditions in order to approve the split. Commissioner Holthus asked if the amendment was accomplished and in the Code how would things be different. Community Development Director Carlberg explained how the amendment will work once approved. He stated the Planning Commission can still look at all the same things they would look at with a plat, and can make conditions of © approval with the lot split. If the amendment was in place Mr. Allen would not have to apply for a variance and would go directly to the lot split application. \-J Regular Andover Planning and Zoning Commission Meeting Minutes — August 13, 2013 Page 8 Commissioner Gudmundson asked why they do not review both the variance request and the lot split together. Community Development Director Carlberg stated that Mr. Allen wanted to get the approval before he spends money to move forward with the lot split application. Also, Mr. Allen needs the variance approved to apply for the lot split. Commissioner Koehler stated if they are looking at this because the amendment is not out yet and they want to be able to move ahead. He asked, whether the amendment comes out or not, isn't this setting a precedent. Community Development Director Carlberg stated if the Planning Commission recommends approval for this and the Council grants approval on August 201h, other applicants could come in prior to the amendment being put in place but they would have to use the same discussions and criteria with that variance request. He expected they will have that amendment in place prior to any additional applications but they could not deny the right of an applicant to apply if they do not have it in place. Commissioner Koehler stated if the Council moves forward with approval, people can come back to the Planning Commission over and over looking for a variance outside of what the amendment is. Community Development Director Carlberg stated the new amendment would resolve this situation and create the procedure to apply for a lot split within those criteria providing the exception. The only time the Planning Commission in would have another variance to this is if staff cannot get the new language in place and someone wants a variance to the three -year provision. He did not expect that to happen. Motion by Holthus, seconded by Koehler, to open the public hearing at 8:06 p.m. Motion carried on a 6 -ayes, 0 -nays, 0- present, 1- absent (Peterson) vote. There was no public input. Motion by Holthus, seconded by Koehler, to close the public hearing at 8:07 p.m. Motion carried on a 6 -ayes, 0 -nays, 0- present, 1- absent (Peterson) vote. Motion by Holthus, seconded by Gudmundson, to recommend to the City Council approval of variance request to allow a lot split more than one time in any three (3) year period as regulated in Andover City Code Title 13, Chapter 1, Section 3. Motion carried on a 5 -ayes, 0 -nays, 1- present (Koehler), 1- absent (Peterson) vote. City Planner Hanson stated that this item would be before the Council at the August 20, 2013 City Council meeting. OTHER BUSINESS. C Regular Andover Planning and Zoning Commission Meeting Minutes — August 13, 2013 Page 9 Community Development Director Carlberg noted Commissioner Peterson asked staff to give more detailed information on items previously reviewed by the Planning Commission that the Council reviewed, changed, and approved. Community Development Director Carlberg updated the Planning Commission on related items. Commissioner Nemeth thanked staff for lighting up the Andover sign off Round Lake Boulevard. He thought it looked nice. Chairperson Daninger asked when Nightingale Street will be done. Mr. Carlberg stated it is scheduled to be passable by the opening of school. Completion will likely be this fall or early next spring. Commissioner Gudmundson asked what is going into the restaurant pad across from Walmart. Mr. Carlberg indicated he cannot say at this time because the company wants to make an announcement themselves. Commissioner Gudmundson asked if Walmart has generated any new business in the area. Mr. Carlberg stated it has. © ADJOURNMENT. Motion by Koehler, seconded by Nemeth, to adjourn the meeting at 8:17 p.m. Motion carried on a 6 -ayes, 0 -nays, 0- present, 1- absent (Peterson) vote. Respectfully Submitted, Sue Osbeck, Recording Secretary Timesaver Off Site Secretarial, Inc. X