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HomeMy WebLinkAboutSP December 4, 1996 CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW. . ANDOVER. MINNESOTA 55304. (612) 755-5100 SPECIAL CITY COUNCIL MEETING Wednesday, December 4,1996 following the Truth in Taxation meeting scheduled at 7:00 p.m. to discuss Home Occupation Licensing ~. -~ . . - ., CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW.. ANDOVER, MINNESOTA 55304. (612) 755-5100 SPECIAL CITY COUNCIL MEETING - DECEMBER 4, 1995 MINUTES A Special Meeting of the Andover City Council was called to order by Mayor Jack McKelvey on December 4, 1996. 8:00 p.m., at Oak View Middle School, 15400 Hanson Boulevard NW, Andover, Minnesota. Councilmembers present: Dehn, Jacobson, Knight, Kunza Councilmembers absent: None Also present: City Attorney, William G. Hawkins Building Official, David Almgren City Code Enforcement, Jeff Johnson Fire Chief, Dan Winkel Community Development Director, Dave Carlberg City Administrator, Richard Fursman Others DISCUSSION ON NONCONFORMING BUSINESS ORDINANCE AMENDMENT Mayor McKelvey explained the Planning and Zoning Commission reviewed the first application for a Special Use Permit under the new ordinance amendment regarding nonconforming businesses which began operating in the City prior to 1990. He stated he was very upset with what happened at that meeting and over some of the things done by Staff . At the Commission meeting, there was talk about a full inspection for building codes and fire codes, which was not anticipated. He did not feel that was the intent of the Council when the ordinance was passed. The Mayor stated many other businesses are watching to see what happens with this one. They feel the City wants to get rid of them; and if this first application is not approved, he predicted none of the other nonconforming businesses will come forward to apply for the Special Use Permit. Then all of the Council's efforts will have been wasted. Mr. Carlberg stated the Planning Commission brought up the issue of building and fire codes relating to nonconforming home occupations going through the Special Use Permit process and were disappointed that the Building Official and Fire Marshal had not inspected the Cardinal Auto Body shop prior to the meeting. The issue of building and fire codes was not discussed by the Council when the ordinance was amended. Staff is looking for direction on that issue. Councilmember Jacobson felt the ordinance is clear that all building codes must be met. and that life safety issues must be addressed. He felt the ordinance clearly states that inspections must be done regarding building and fire codes issues. Mayor McKelvey stated at the Planning Commission meeting the Building Official stated this home business would have to comply to all commercial building codes. If that is the case, Mr. Cardinal will be put out of business and the City might as well stop wasting its time with any of the other nonconforming home occupations. And which codes will be used since this particular business was started in 1983? .. .-. ...---. Special Andover City Council Meeting Minutes - December 4, 1996 Page 2 {Discussion on Nonconforming Business Ordinance Amendment, Continued} Councilmember Dehn felt the ordinance is very discriminatory against blue collar workers, as there are many more restrictions for those types of home businesses and little against the white collar type home businesses. Attorney Hawkins stated the City is obligated to enforce the codes uniformly and on those businesses coming in under the permit process in the same manner as those legally established. If the City has knowledge of a dangerous condition, it cannot ignore that. If Staff knows of a violation of the codes, then they must take action. The Fire Chief has to perform the same inspections for these permit applications as he does for everyone else. The standards in effect at the time the business was created are the ones that are applied. He used the example of Councilmember Kunza's operation. Because the City knew about the business in the zoning for many years, it is very difficult to close it down based on zoning. However, if there is a life safety issue on that premises and the City is aware of it, the City has an obligation to act and to enforce the code. Chief Winkel stated once they are advised of a problem, they are obligated to enforce the fire code. There is no variance from it. They will discuss the appropriate changes with the property owner and work with them to bring the premises into compliance in a reasonable manner. The intent is to be user friendly to get them into compliance, not to put the people out of business. Even if these nonconforming businesses do not make application to the City, if the Fire Department is aware of a problem, they are obligated to do an inspection. Considerable discussion ensued on what should be required of those nonconforming home occupations making permit applications, on the liability issue and the need for the City to do inspections and enforce the code when a known life safety issue exists, and on the concern that some of the nonconforming businesses would be forced to stop operating because they will not be able to meet all of the building and fire codes. Most of the Council felt that common sense and reason has to rule and that the attitude should be to work with the business owners to try to make it work rather than to try to get them out of business. There were differences of opinion as to how much should be investigated prior to the permit application coming before the Planning Commission and Council. Mayor McKelvey stated Mr. Cardinal did withdraw his request for a Special Use Permit, and he will be asking for a refund of the fees paid. The Mayor was not happy with the way Mr. Cardinal's permit application was handled by Staff and was concerned that others will not apply out of fear that they will be put out of business by having to meet all building and fire codes. He suggested a committee of residents be formed to review the ordinance for nonconforming home occupations and to make recommendations for changes. The committee should include residents who have permits or who are legally operating home occupations. Special Andover City council Meeting Minutes - December 4, 1996 Page 3 (Discussion on Nonconforming Business Ordinance Amendment, Continued) Councilmember Dehn suggested a guide sheet be composed to be given to anyone who makes application for a permit for a nonconforming home occupation. The guide sheet would be user friendly and would spell out the goals and specific steps that will be taken. She felt that compromise and communication are needed but are often lacking. MOTION by Jacobson, Seconded by McKelvey, that the City Council authorize Staff to not enforce Ordinance No. 8, Section 4.30 (D) , Nonconforming Occupations, Pages 4-7 dealing with nonconforming home occupations; do not enforce that section of the ordinance until the Council either determines the changes that need to be made or are made to the ordinance. The first part of the ordinance would be preserved and enforced. DISCUSSION: The Junkers have made application for a permit for a nonconforming home occupation and the discussion was on whether or not that request should go through the process. After some discussion, the Junkers agreed to keep their request on hold until the issues with the ordinance are resolved. While there was some sentiment to forming a resident committee to review that portion of the ordinance and make recommendations, no specific direction was given this evening. Motion carried on a 4-Yes, I-No (Jacobson as he felt the ordinance says the proper things, that Staff's motives are proper and that the ordinance shouldn't be changed to make it easier to get a permit) vote. MOTION by Kunza, Seconded by Dehn, to adjourn. Motion carried unanimously. The meeting adjourned at 9:22 p.m. Respectfull~~bmitted, ^i~~ié~ Recording Secretary .