HomeMy WebLinkAbout06-08-211685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100
FAX (763) 755-8923 • WWW.CI.ANDOVER.MN.US
Andover Planning and Zoning Commission
Meeting Agenda
June 8, 2021
Andover City Hall
Council Chambers
7:00 p.m.
1. Call to Order
2. Pledge of Allegiance
3. Approval of Minutes — May 25, 2021 Regular Meeting
4. Public Hearing -Conditional Use Permit / In -Home Beauty Salon / 15018 Bluebird
Street NW / Kristi Johnston (Applicant)
5. Other Business
6. Adjournment
Please note:
Some or all members of the Andover Planning & Zoning Commission may participate in the June 8, 2021
meeting by telephone or video conference call rather than by being physically present at the Commission's
regular meeting place at the Andover City Hall, 1685 Crosstown Blvd NW, Andover, MN 55304.
Members of the public can watch the meeting live on the government access channel, web stream via QCTV.org
or physically attend at Andover City Hall. Please keep in mind that seating in the City Council Chambers is
currently very limited as appropriate social distancing will be practiced by the Commission and visitors. The
public can also participate in the public hearing remotely through the video conference call. A link to the call
will be available on the Planning Department website the day of the meeting.
1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100
FAX (763) 755-8923 • WWW.ANDOVERMN.GOV
TO: Planning and Zoning Commissioners
FROM: Joe Janish, Community Development Director
SUBJECT: Approval of Minutes — May 25, 2021 Regular Meeting minutes
DATE: June 8, 2021
REQUEST
The Planning and Zoning Commission is requested to approve the May 25, 2021 Regular
meeting minutes.
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
PLANNING AND ZONING COMMISSION REGULAR MEETING
MAY25, 2021
The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was
called to order by Chairperson Bert Koehler IV on May 25, 2021, 7:00 p.m., at the Andover
City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota.
Commissioners present: Karen Godfrey, Mary VanderLaan, Scott Hudson, Nick
Loehlein, Mami Elias, and Wes Volkenant
Commissioners absent:
Also present: Associate Planner Jake Griffiths
Others
PLEDGE OFALLEGIANCE
APPROVAL OFMINUTES
April 27, 2021 Regular Meeting
Chairperson Koehler requested a change on page 6, line 5: "Commissioner Volkenant
asked if the house is considered Andover er A noka ..."
Chairperson Koehler assumed a motion to approve the April 27, 2021 Regular Meeting
minutes as amended. Motion carries by unanimous consent.
PUBLIC HEARING: CONDITIONAL USE PERMIT AMENDMENT/PRIVATE
UTILITY STRUCTURES/14371 77H AVE NW/NORTHERN NATURAL GAS
COMPANY
The Planning and Zoning Commission is asked to hold a public hearing to gather public
input and make a recommendation to the City Council on a Conditional Use Permit (CUP)
Amendment at 14371 71h Avenue requested by Northern Natural Gas. Associate Planner
Griffiths reported Northern Natural Gas Company is proposing to remove an existing 12'
x 16' metering building and replace it with a new 14' x 26' metering building at their site
located at 14371 - 7th Ave NW. The proposed metering building will be located in
generally the same location as an existing structure and utilize its existing foundation.
1
2
3
4
5
6
7
8
9
to
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
Regular Andover Planning and Zoning Commission Meeting
Minutes — May 25, 2021
Page 2
Commissioner Loehlein asked if the new building will look similar. Mr. Griffiths replied
the building will be similar in color and style.
Commissioner Volkenant asked if any of the fencing has to come down and would the City
incur any cost. Mr. Griffiths replied he does not know if part of the fence needs to be
removed, but if it did Northern Natural Gas will be responsible for all costs as they are the
fence owner.
Chairperson Koehler assumed a motion to open the public hearing at 7:04 p.m. Motion
carries by unanimous consent.
No one appeared before the Commission.
Chairperson Koehler assumed a motion to close the public hearing at 7:05 p.m. Motion
carries by unanimous consent.
Commissioner Godfrey asked Mr. Griffiths to confirm the CUP amendment is for a slightly
larger building on the same foundation. Mr. Griffiths replied yes.
Motion by Godfrey, seconded by VanderLaan, to recommend approval of a Conditional
Use Permit Amendment for a Private Utility Structure at 14371 7`h Ave NW. Motion
carries unanimously.
Chairperson Koehler stated this item will go to City Council on June 1, 2021.
OTHER BUSINESS
Mr. Griffiths updated the Commission on items they have sent to the City Council.
Commissioner Volkenant asked when Tasty Taco would open. Mr. Griffiths does not have
an opening date as they are still working on the remodel.
Chairperson Koehler commented the Commission has been handling amendments
incorrectly and will now have a vote to determine if the amendment is accepted.
Chairperson Koehler stated Robert's Rules of Order allows motions in the agenda to be
assumed. He also stated there is a process of unanimous consent. He will call out
unanimous consent and a Commissioner may speak up if they disagree.
Chairperson Koehler is working with Commissioner Godfrey on ways to improve the
meeting.
Commissioner Godfrey hopes everyone has a wonderful time with family and friends on
Memorial Day and asked them to remember those who have died in the line of duty.
Regular Andover Planning and Zoning Commission Meeting
Minutes — May 25, 2021
Page 3
2 Commissioner VanderLaan added to keep those who are still suffering in mind.
4 ADJOURNMENT
6 Chairperson Koehler assumed a motion to adjourn the meeting at 7:10 p.m. Motion carries
7 by unanimous consent.
9 Respectfully Submitted,
10
11 Shari Kunza, Recording Secretary
12 TimeSaver Off Site Secretarial, Inc.
1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100
FAX (763) 755-8923 • WWW.ANDOVERMN.GOV
TO: Planning and Zoning Commissioners
COPY: Joe Janish, Community Development Director —77
FROM: Peter Hellegers, City Planner
SUBJECT: Public Hearing: Conditional Use Permit (21-06) — 15018 Bluebird Street NW — In -
Home Beauty Salon — Kristi Johnston (Applicant)
DATE: June 8, 2021
INTRODUCTION
The applicant, Kristi Johnston, is proposing to operate in -home beauty salon as a sole proprietor/sole hair
stylist for the property at 15018 Bluebird Street NW.
City Code 12-9-8 requires a Conditional Use Permit (CUP) for an in -home beauty salon and details the
requirements for review of the application.
Salon Use
The applicant is the sole proprietor and sole stylist for the one hundred and fifty-four (154) square foot
space that would house the salon. The salon would have one primary chair for the salon use but would also
include a workstation, shampoo bowl, cabinets, and may include a chair in case the client had a child waiting
while they had their hair cut. The salon specifics are discussed in the applicant's letter and in the Salon
Floor Plan drawings.
Days and Hours
The applicant is seeking to operate the in -home beauty salon with the operational hours of 8:00 AM to 9:00
PM, Monday - Saturday.
Parking
The applicant indicated only one individual will be scheduled at a time thus one beauty salon associated
vehicle will be present. The three -car driveway will serve parking for the beauty salon.
Additional Criteria
City Code § 12-9-8 references City Code § 3-6 on Massage Businesses and Services which is not applicable
in this instance as the applicant would not offer these services.
Compliance with City Code § 10-4 is also not applicable as this is for parcels that are not serviced by
municipal sewer and water. This property is serviced by both.
Review Criteria
City Code 12-14-6B provides the following general review criteria to consider when granting a CUP. Ir
granting a Conditional Use Permit, the City Council shall consider the recommendation of the Planning
and Zoning Commission and:
The effect of the proposed use on the health, safety, moral and general welfare of the occupants
of surrounding lands.
In -home beauty salons are regulated by City Code 12-9-8 and must comply with Minnesota
Statutes, including Sections 154 and 155A. The beauty salon is owner occupied and the property
owner will be the only stylist/operator. The proposed salon is designed to serve one patron at a
time. The design shows one stylist station but also includes a separate seat where the salon
owner would have the customer sit when having their hair dried, colored, or for a place for their
child, spouse, to sit while they wait for the customer.
2. Existing and anticipated traffic conditions, including parking facilities on adjacent streets and
lands.
The CUP should not have a negative impact on existing and anticipated traffic conditions. Since
the salon would have just one station and one stylist the traffic per hour would be very limited
The property is also located within a quarter mile of both Hanson Boulevard and Crosstown
Boulevard. Parkingfacilities at the site, the driveway, provide the required number ofparking
spaces as required by the City Code.
3. The effect on values of property and scenic views in the surrounding area, and the effect of the
proposed use on the Comprehensive Plan.
In -home beauty salons or barber shops are a Conditional Use which must be accessory to the
principal use of the property as the home of the owner/operator. The principal use of the
property would remain the owner/operator's home and would not impact the proposed use of the
property in the City's Comprehensive Plan, nor any scenic views nor surrounding property
values.
ACTION REQUESTED
The Planning and Zoning Commission is requested to hold a public hearing and make a recommendation
to the City Council regarding the CUP request.
Submitted,
City Planner
Attachments
Draft Resolution of Approval
Draft Resolution of Denial
Location Maps
Exhibit A — Applicant Letter
Exhibit B — Salon Floor Plan Drawings
City Code § 12-9-8: In Home Beauty Salons and Barber Shops
Copy: Kristi Johnston, 15018 Bluebird St NW, (Applicant)
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. R
A RESOLUTION APPROVING THE CONDITIONAL USE PERMIT REQUESTED BY KRISTI
JOHNSTON TO OPERATE AN IN -HOME BEAUTY SALON AT 15018 BLUEBIRD STREET NW,
PID# 23-32-24-33-0038, LEGALLY DESCRIBED AS:
LOT 36, BLOCK 1, WINSLOW HILLS
WHEREAS, Kristi Johnston has requested a Conditional Use Permit for an in -home beauty salon and is
the property owner as of the date of this resolution, and;
WHEREAS, the Planning and Zoning Commission held a public hearing on June 8, 2021, pursuant to the
requirements of City Code 12-14-8, and;
WHEREAS, the Planning and Zoning Commission has reviewed the beauty salon request and has
determined that said request meets the criteria of City Code 12-9-8 regarding, In -Home Beauty Salons,
and would not have a detrimental effect upon the health, safety, general welfare, values of property and
scenic views in the surrounding area, and;
WHEREAS, the Planning and Zoning Commission recommends to the City Council the approval of the
Conditional Use Permit request, and;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover does hereby
approve the Conditional Use Permit on the above legally described property for an in -home beauty salon
with the following conditions:
1. The salon must comply with the State Cosmetology Board requirements.
2. The salon has a maximum of one work chair and will be limited to just the owner as the sole
operator/stylist.
3. Hours of Operation are from 8:00 AM to 9:00 PM, Monday through Saturday.
4. The driveway will fulfill the parking requirements for the salon.
5. The beauty salon shall be owner occupied.
6. Upon sale of the premises for which the Conditional Use Permit is granted, such permit shall
terminate.
Adopted by the City Council of the City of Andover on this day of , 2021.
CITY OF ANDOVER
ATTEST: Sheri Bukkila, Mayor
Michelle Hartner, Deputy City Clerk
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. R
A RESOLUTION DENYING THE CONDITIONAL USE PERMIT REQUESTED BY KRISTI
JOHNSTON TO OPERATE AN IN -HOME BEAUTY SALON AT 15018 BLUEBIRD STREET NW,
PID# 23-32-24-33-0038, LEGALLY DESCRIBED AS:
LOT 36, BLOCK 1, WINSLOW HILLS
WHEREAS, Kristi Johnston has requested a Conditional Use Permit for an in -home beauty salon and is
the property owner as of the date of this resolution, and;
WHEREAS, the Planning and Zoning Commission held a public hearing on June 8, 2021, pursuant to the
requirements of City Code 12-14-8, and;
WHEREAS, the Planning and Zoning Commission has reviewed the beauty salon request and has
determined that said request does not meet the criteria of City Code 12-9-8 regarding, In -Home Beauty
Salons, and would have a detrimental effect upon the health, safety, general welfare, values of property
and scenic views in the surrounding area, and;
WHEREAS, the Planning and Zoning Commission recommends to the City Council the denial of the
Conditional Use Permit request, and;
NOW, THEREFORE, BE 1T RESOLVED, that the City Council of the City of Andover agrees with the
recommendation of the Planning and Zoning Commission and denies the Conditional Use Permit for an
In -Home Beauty Salon, and does hereby deny the Conditional Use Permit on the above legally described
property for an in -home beauty salon for the following reasons:
2.
3.
Adopted by the City Council of the City of Andover on this day of 2021.
CITY OF ANDOVER
ATTEST: Sheri Bukkila, Mayor
Michelle Hartner, Deputy City Clerk
NbbVF' Proposed CUP - Home Hair Salon (15018 Bluebird St NW)
"Ci-t�yH-j
^
7 e 9
j
Andovdr
Elemetaty gw
7
9
_;.QJA ii
Date Created May 24, 2021
Disclaimer•. The provider makes no representation or warranties with respect to the reuse of this data. N
Q�r" of
TLnn1''"__ - Proposed CUP - Home Hair Salon (15018 Bluebird St NW)
.c
Date Created May 24, 2021
Disclaimer. The provider makes no representation or warranties with respect to the reuse o/ this data.
N
May 17, 2021
City of Andover
1685 Crosstown Boulevard NW
Andover, MN 55304
Re: Conditional Use Permit Application for an in -home salon to be located at 15018 Bluebird Street NW,
Andover, MN 55304
My name is Kristi Johnston. I moved to the City of Andover last September from Minneapolis. When I lived in
Minneapolis, I ran an in -home salon for 21 years. I was always respectful of my neighbors as were my
customers. I have always been compliant with all licensing requirements and passed all inspections. I have
also followed all Covid-19 protocols set forth by Governor Walz for Salons.
I am applying for a Conditional Use Permit to open an in -home salon in my home in Andover. I have included
the completed application for the State of MN along with this request. The State Application includes a layout
drawing of the proposed salon. The MN State Application requires certain labeling for the salon layout
drawing. I have included a drawing with more specific labeling for the Conditional Use Permit.
I have read through the Section of Ordinance 12-9-8. 1 am a Sole Proprietor. I have a single workstation. I
have a second chair used with my dryer for processing perms, colors, deep conditioners, or for a companion to
sit and wait. I have several customers that come in with their children, a spouse, a mother, a sibling, or a
neighbor. I would like them to be able to comfortably sit in the same room and socialize while I am working.
This is especially important to me due to the longer distance they will come to have their hair done.
My current work schedule is 3-4 days a week 12:00 pm — 8:00 pm, or 9:00 am — 4:00 pm. I try to be flexible
depending on the needs of my customers. My proposed work hours are 8:00 am — 9:00 pm Monday —
Saturday. I average 30 hours a week with customers, so I rarely work more than 4 days a week. My customers
would park in our driveway, and at most there would be 2 customer cars at a time at my home. The only time
there may be an extra car or two would be if I have a bridal party.
Thank you for considering my request.
Kristi L. Johnston
Highlites From Home
Licensed Cosmetologist and Owner
-�t
L
S
,S
14-6 of this title. These permits shall be valid for one year from the date of
issuance (unless otherwise specified in the resolution for approval) and thereafter
shall be automatically renewed each year unless objections or complaints are
received or the conditions of the permit are not adhered to. (Amended Ord. 8, 10-
21-1970)
12-9-6: SPECIAL HOME OCCUPATION PERMITS:
A. Temporary Permits: Nonconforming Home Occupation permits granted
by Section 12-9-4 of this chapter shall be temporary in nature, and
shall be granted to a designated person who resides at the address
where the home occupation is being conducted. (Amended Ord. 314,
10-4-2005)
B. Non -transferability Of Permit: These permits shall not run with the
land and shall not be transferable.
C. Renewal Of Permit: Special Home Occupation Permits shall be
automatically renewed each year unless objections or complaints are
received, or conditions of the permit are not adhered to.
D. Termination Of Permit: If the Special Home Occupation Permit holder
expires or moves to a new location, the existing permit shall automatically
terminate. In the case of death or other separation, the family member(s)
remaining at the same address may continue the home occupation if
written notice is given to the Department of Community Development and
authorization for the continuation of the permit is given with Council
approval. (Amended Ord. 314 10-4-05)
12-9-7: INSPECTIONS: There may be one annual inspection each year
made by the City Administrator or Administrator's designee of the property
covered by a Conditional Use Permit or Special Home Occupation Permit. In
addition, the City Administrator or the Administrator's designee shall, upon
reasonable request, enter and inspect the premises covered by said permit for
compliance purposes. (Amended Ord. 8, 10-21-1970)
12-9-8: IN HOME BEAUTY SALONS AND BARBERSHOPS:
In home beauty salons/barbershops shall be subject to the following:
A. Compliance with Title 3, Chapter 6 of the City Code.
B. Drawings Submitted: Drawings detailing the salon/shop shall be submitted
at the time of the request for the Conditional Use Permit.
C. Compliance With State Requirements: The salon/shop must comply with
the State Cosmetology Board and the State Barbers Board requirements.
D. Number of Chairs: One chair salon/barber only.
E. Hours of Operation: The hours of operation shall be approved by the City
Council.
F. Parking: Parking requirements shall be as set out in section 12-13-10 of
this title.
G. Non-sewered Areas: In non-sewered areas, the septic system shall be in
compliance with Title 10, Chapter 4 of this code. A beauty shop/barber
shop shall be considered the equivalent to one bedroom in terms of usage
under Title 10, Chapter 4 of this code.
H. Termination of Use Upon Sale of Property: Upon sale of the premises for
which the Conditional Use Permit is granted, such permit shall terminate.
(Amended Ord. 8, 10-21-1970, Ord. 314 10-4-2005)
12-9-9: VESTED RIGHTS: No home occupation allowed by Conditional
Use Permit or Special Home Occupation Permit shall confer upon any person or
to the benefit of any property owner any vested right. Rather, the use shall
remain subject to all conditions of the permit as established by the city. The city
may find it necessary from time to time to review the conditions of the permit as
they relate to the provisions of the general welfare of the community. (Amended
Ord. 8, 10-21-1970)
12-9-10: SUSPENSION OR REVOCATION OF CONDITIONAL USE
PERMIT: When the City Council determines that the public interest
so requires, it may revoke or suspend the Conditional Use Permit of a home
occupation when it finds, after due investigation and a public hearing, that:
A. The permit holder, or any of his or her employees, has concealed
the receipt of stolen property or has knowingly received stolen
property.
B. The permit holder has not complied with the provisions of law
applicable to the premises, equipment or operation of the home
occupation.
C. The permit holder has obtained a permit through fraud or misstatement.
D. The home occupation or activity is being conducted in a manner found to