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HomeMy WebLinkAboutAugust 22, 2017u 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV Andover Planning and Zoning Commission Regular Meeting Agenda August 22, 2017 7:00 PM Andover City Hall City Council Chambers 7:00 p.m. 1. Call to Order 2. Pledge of Allegiance 3. Approve August 8, 2017 regular meeting minutes 4. Public Hearing: Conditional Use Permit - Liquor License for Andover Cinema — 1836 Bunker Lake Blvd NW — Tony Tillman © 5. Public Hearing: Variance — Increased Size and Height of Accessory Structure — 15260 Nightingale St NW — Chris Hynes 6. Other Business 7. Adjournment n L� i PLANNING AND ZONING COMMISSIONMEETING —AUGUST 22, 2017 The Regular Bi -Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Vice Chairperson Nemeth on August 22, 2017, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Commissioners Timothy Cleven, Scott Hudson, Bert Koehler IV, Kyle Nemeth, and Jeff Sims Commissioners absent: Also present: APPROVAL OFMINUTES Chairperson Daninger and Steve Peterson Community Development Director, Joe Janish City Planner Stephanie Hanson Others August 8, 2017, Regular Meeting There were no changes from staff. Vice Chairperson Nemeth requested corrections to: - Page 3, line 1, so it reads "...zoning of the Neighborhood..." - Page 3, paragraph 8, so it reads "...at this location as it has..." - Page 4, last paragraph, so it reads "...if repaved will join the entrance to... - Page 5, paragraph 3, so it reads "...approved by the Council, the City could, in the worst-case scenario, act to..." - Page 5, paragraph 4, so it reads "...safety concerns for the residential... - Page 5, paragraph 6, so it reads "...consideration, staff research or..." Motion by Koehler, seconded by Cleven, to approve the May 24 Regular Meeting minutes as amended. Motion carried on a 4 -ayes, 0 -nays, 1 -present (Sims), 2 -absent vote (Daninger and Peterson). X Regular Andover Planning and Zoning Commission Meeting Minutes — August 22, 2017 Page 2 PUBLIC HEARING: Conditional Use Permit (CUP) — On -Sale Liquor License —1836 Bunker Lake Blvd —Andover Cinema —Cinema Entertainment Corp. Ms. Hanson presented a proposal from staff for a CUP for On -Sale Liquor License at Andover Cinema. City Code 12-12 requires a CUP for liquor licenses in the GB General Business District. The applicant is proposing to have liquor sales at the existing Andover Cinema. Once a CUP is approved, the applicant will be required to obtain a liquor license that will be issued by the City Council. The reason for the request is due to the highly competitive nature of the theatre industry. Customers want to go where the amenities are present. The trend with theatres is to offer beer, wine and liquor. To ensure the viability of the Andover Cinema, Cinema Entertainment Corp is requesting a CUP so they can obtain a liquor license, noting that several neighboring metro theatres currently have liquor licenses. Commissioner Koehler asked if the CUP would allow for sales on the premises only. Ms. Hanson replied that was correct. Vice Chairman Nemeth inquired if there is a quota of on -sale liquor licenses for the City, where the City cannot exceed "so many" establishments. Mr. Janish responded by saying that some cities have limitations based on the population. He reminded the Commission © that the license is issued at the City Council level. Commissioner Cleven asked for clarification regarding the percentage of food and alcohol that would be sold. Ms. Hanson stated that the requirements would have to be met. The Commissioners had no further questions of staff. There were no residents in the audience to make comment on this item or any other agenda item. Motion by Koehler, seconded by Cleven, to open the public hearing at 7:13 p.m. Motion carried on a 5 -ayes, 0 -nays, 2 -absent vote (Daninger and Peterson). Tony Tillmans, Vice President of Cinema Entertainment Corp, located in Sartell, Minnesota, came to the podium. He highlighted the history of their ownership of the theatre and the improvements that had been made. The theatre was purchased in 2012. At that time, it was in need of work and they renovated it. This August, luxury seats were installed. The new seat count for the theater is 613, which is about one-half of the previous amount. He confirmed that business is improving and that more theatres are offering alcoholic beverages. Most customers only have one drink, because they do not want to leave the theatre to get a second one during the movie. He continued by saying © that the theatre is not an environment to hang out in and have a happy hour. Their plan is to take 10 feet of the concession stand and make it into a bar, attended by a bartender. He Regular Andover Planning and Zoning Commission Meeting Minutes —August 22, 2017 Page 3 © concluded by stating that people can choose where they want to go to a movie and they want Andover Cinema to be the place of choice. Commissioner Koehler asked if he anticipates a family showing up getting in line twice. Mr. Tillmans confirmed that bar service would be separate. Commissioner Cleven asked if staff would be trained to serve and monitor alcohol. Mr. Tillmans responded that staff will observe those who are borderline in age and they will have ushers monitoring those who may give drinks to underage drinkers. Mr. Tillmans confirmed that a staff person would be used and they would be trained to be serving alcohol. Vice Chairman Nemeth asked if there would be mixed drinks served. Mr. Tillmans stated that the theatre is not wanting to be a local corner bar. At the Plymouth theatre 45% of what is served is beer and 35% is mixed drinks. There were no more questions of the applicants. Motion by Koehler, seconded by Cleven to close the public hearing at 7:22 p.m. Motion carried on a 5 -ayes, 0 -nays, 2 -absent vote (Daninger and Peterson). Motion by Koehler, seconded by Hudson to approve the Conditional Use Permit for an On -Sale Liquor License on the Property located at 1836 Bunker Lake Boulevard. Motion © carried on a 5 -ayes, 0 -nays, 2 -absent vote (Daninger and Peterson). This matter will be heard at the September 5th Council meeting at 7:00 pm. PUBLIC HEARING: Variance —Increased Size and Height of Accessoty Structure — I5260 Nightingale St. NW— Chris Hynes Mr. Janish stated that Mr. Hynes submitted a variance request for his property located at 15260 Nightingale St. NW. The request was to construct an accessory building over 15 feet in height and greater than fifty percent of the total square footage of the foundation of the principal structure. The applicant owns 2.953 acres within the R-4 Single Family - Urban zoning district. Under the current requirements, the applicant would be able to construct an 1,100 -square foot accessory building. The applicant is proposing a 2,160 - square foot accessory building. The applicant currently stores their possessions on family owned property that the City of Andover has acquired as part of the "City Campus Master Plan" across the street from the applicant. The proposed accessory building would be 23.5 feet in height. The height allows for a loft in 1/3 of the structure to allow the applicant to store more items while being able to walk around without having to crawl. The accessory building itself would not exceed the height of the existing home on the property. u Regular Andover Planning and Zoning Commission Meeting Minutes —August 22, 2017 Page 4 © Commissioner Koehler asked if the granny flat situation pertained to this. Mr. Janish stated that he believed it only applies to the R-1 district and it relates to the accessory dwelling unit. He noted that this construction could influence future splits on this property. Commissioner Cleven asked, if approved, would the applicant have to apply for a building permit. Mr. Janish confirmed that would be the case. He also asked about the driveway placement. Mr. Janish confirmed that there would not be a second access and that they would use the existing drive. There was discussion about grading due to the fact that the slope drains toward that structure. Grading will be needed and that will be part of the building permit process, looking at the elevations. Commissioner Koehler commented that the structure should not exceed the height of the home, but wondered if a change in the elevation would change that. Mr. Janish stated that he did not believe that would be the case. Commissioner Hudson asked if the siding would match. Mr. Janish confirmed that the building would be of a similar color but may not be of the same materials. He was also asked to point out on a map where the applicants' items were currently being stored. Commissioner Cleven pointed out that the requested variance may not be needed in 6 © months, if the changes in City Code that were discussed in relationship to the dog kennel request, continue to move forward. That process, however, would not allow this structure to be built in time before winter. Commissioner Koehler asked if the neighbors had been notified of this hearing. Mr. Janish confirmed that they had. Commissioner Hudson asked what the proposed changes would be. Mr. Janish responded that they had done research on the surrounding communities and most capped accessory buildings at 1,200 square feet, and larger, for a larger parcel. This is similar to what Coon Rapids is considering. Ramsey has differences in their code between MUSA and non-MUSA areas. Mr. Janish projected a rough draft of a chart showing comparisons of surrounding community requirements for accessory buildings that is being developed at this time. There was further discussion. Vice Chairman Nemeth asked if City staff had heard any comments from the neighbors. Mr. Janish confirmed they had not. He also asked what the sizes were of the storage buildings across the street. Mr. Janish stated that he had not calculated the square footage. He also asked if the owner planned to operate a business from the accessory building. Mr. Janish replied no. Vice Chairman Nemeth noted that the property was rezoned from R-1 to R-4 in 2002. It was clarified that Mr. Hynes did not hold the title of the property before it was rezoned. He also inquired about screening requirements. Mr. Janish stated © there would only be screening requirements if they were tied to the size of the structure. Regular Andover Planning and Zoning Commission Meeting Minutes —August 22, 2017 Page 5 © He also asked if there would be driveway surface requirements and Mr. Janish replied there would be none, besides what is required by the City Code. Commissioner Cleven asked about the proposed height of the structure in comparison to the home in the photo. Mr. Janish stated that this building would be shorter than the roof of the home, even considering possibly 3 feet of fill to raise the foundation. Ms. Hanson stated that the Engineering department would review the drainage concern. Motion by Koehler, seconded by Cleven, to open the public hearing at 7:58 p.m. Motion carried on a 5 -ayes, 0 -nays, 2 -absent vote (Daninger and Peterson). Chris Hynes, of 15260 Nightingale St. NW, came to the podium. He has lived in the community for 27 years and stated that he witnessed heavy rainfall and he had driven a remote -control boat in the backyard during that time. He noted the home behind him is at a lower grade level. Commissioner Koehler asked if the accessory building is for storage, why is there a need for a bathroom and shower. Mr. Hynes stated that the toilet would be connected to a storage tank and not hooked up to sanitary sewer and that he was no longer planning to install a shower and that area would be for locked storage. He is a plumber by trade. © Mr. Hynes explained the history of the family farm, property development, and confirmed that the City has access to original farm buildings for storage both for summer and winter. In December 2018, the City will have total ownership of the buildings. Commissioner Koehler asked about use of the building for a business. Mr. Hynes confirmed that there were no plans to use it for a dwelling or to run a business. Vice Chairman Nemeth asked about potential future lot splits on the property. Mr. Hynes confirmed there were no plans to split the property at this time and that they were the sixth generation to live on the original farm place. He continued by asking about the location and type of the driveway. The type of material would be limestone or something approved. Mr. Hynes also clarified the size of the original buildings as: 50' x 60' for the new building and 40' x 40' for the older building. He also confirmed that the tree -line would remain intact as it is on the neighbors' property. As for the height, all of the homes in the neighborhood would exceed the height of this structure. Mr. Hynes continued by stating that he would be storing plumbing supplies in the structure and have a work bench, welding equipment, and household storage. There will be a loft for extra storage. Vice Chairman Nemeth also asked about the bathroom. Mr. Hynes replied that the drawings were initially done in 2008 and they will be modified. Vice Chairman Nemeth also asked about the siding material. Mr. Hynes confirmed his plans to use standard residential siding and that his home has steel siding and he plans to match that. © No one else in the audience, beyond the applicant, was there to speak at the public hearing. Regular Andover Planning and Zoning Commission Meeting Minutes — August 22, 2017 Page 6 Motion by Koehler, seconded by Cleven, to close the public hearing at 8:10 p.m. Motion carried on a 5 -ayes, 0 -nays, 2 -absent vote (Daninger and Peterson). Commissioner Koehler asked that the Council know that the Commissioners had continued concerns about the height of the structure and the condition of the driveway. Mr. Janish stated that he would do research and look at permits and calculate heights of nearby homes and consider driveway materials further. Commissioner Sims stated that he was comfortable with how `-far out" the property is and the fact that it is zoned R-4. Commissioner Koehler commented that if the applicant built an accessory building within the current Code, it would "be a kick" if the code was changed to make a larger accessory building possible in upcoming months. Commissioner Hudson agreed. He too had concern for the neighbors, but noted that they were not in attendance at the meeting. Commissioner Cleven also agreed. He felt that the size, for just storage, is not the deal, but that he could not see why the applicant could not go forward. He noted that his home is lower than other homes in elevation, but that would not be a concern with inspectors involved. He felt he has plenty of land and that the structure would not impose a hardship on the neighbors. He wanted to recognize that the family has lived there for years and helped the community to grow and he felt that, as a City, they should show appreciation. Commissioner Koehler pointed out that the location of the accessory structure was due east of the existing homes. This building would not compete for sun because of the placement. Vice Chairperson Nemeth stated he was in agreement with the others. He indicated that he does not want to personally see a business running out of the building. His second concern was the height of the building. He referred to his own roof that was 13 feet high and the height of 23 feet "gave him pause." He felt if the applicant followed the site plan it would be acceptable. Motion by Koehler, seconded by Cleven to approve the variance for the increased size and height of accessory structure at 15260 Nightingale St. NW. Motion carried on a 4 - ayes, 1 -nays (Sims), 2 -absent vote (Daninger and Peterson). This matter will be heard at the September 5th Council meeting at 7 p.m. u Regular Andover Planning and Zoning Commission Meeting Minutes —August 22, 2017 Page 7 OTHER BUSINESS Ms. Hanson said staff is working with the City Council on the feasibility of running sewer and water to the rural reserve area. The Planning and Zoning Commission will see that at a future meeting. Updating of the sewer report is occurring for the Comprehensive Plan. Staff will be working with the Metropolitan Council about what can and cannot be done and there will be another joint work session. The building department has issued 75 new home permits so far this year. The Estates at Arbor Oaks received their occupancy permit and there will be a ribbon cutting at the end of August. CenterPoint Energy has submitted a building permit for a bulk storage addition in which the Engineering Department has been looking at drainage calculations. Mr. Janish reported that the CUP for the animal training facility was approved by the City Council. Residents had concerns regarding noise, however, the Council believed that the City noise ordinance would cover that and so removed the hours of operation piece of the resolution. The City Council did add a condition to limit the facility to canines. Legal counsel advised this and the applicant was amicable to the change. II0181I17DA111711 Motion by Koehler, seconded by Cleven, to adjourn the meeting at 8:28 p.m. Motion carried on a 5 -ayes, 0 -nays, 2 -absent vote (Daninger and Peterson). Respectfully Submitted, Marlene White, Recording Secretary TimeSaver Off Site Secretarial, Inc.