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HomeMy WebLinkAboutOctober 8, 2024 PLANNING AND ZONING COMMISSION MEETING – OCTOBER 8, 2024 The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Godfrey on October 8, 2024, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Chairperson Karen Godfrey, Commissioners Scott Hudson, Nick Loehlein, Jon Shafto, Pat Shuman Jr. and Ryan Winge. Commissioners absent: Commissioner Chuck Naughton. Also present: CD Director Joe Janish and City Planner Peter Hellegers. PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES August 27, 2024 Regular Meeting Motion by Loehlein, seconded by Hudson, to approve the minutes from the August 27, 2024 Planning Commission Meeting as presented. Motion carried on a 5-ayes, 1-present (Winge), 0-nays vote. PUBLIC HEARING: Interim Use Permit (IUP) Request – In Home Beauty Salon – th 1361 139 Ave NW – Kami Hirschey (Applicant). CD Director Joe Janish reviewed the applicant is seeking a IUP for in-home beauty salon. Beauty salons are allowed with an interim use permit in an R-4 Single Family – Urban zoned district as a Home Occupation. The applicant has been doing hair for 26 years and self-employed hairstylist for 24 years. The applicant is desiring to move their business to their home for multiple reasons and will be the sole stylist. The salon will have one primary chair for the salon, and a wash sink. The applicant has indicated that a 15-minute “gap” will be between clients. The home is a rambler and a 10 x 13 former bedroom will be converted into the salon room. A licensed plumber will obtain a permit to install the hair-washing sink in the room. Clients will enter and leave through the front door. There will be no outdoor space used, with the exception of the driveway for clients. Regular Andover Planning and Zoning Commission Meeting Minutes – October 8, 2024 Page 2 Hours and days of operation will vary; however. no clients will be on the premises prior to 8:00 a.m. or after 8:00 p.m. Monday – Saturday with the expectation to be closed on Sundays. Due to the small number of clients as well as the appointment-based nature of the business, a minimal increase in traffic is expected and would not adversely affect the surrounding roadways. City Code 12-13-8 specifies the number of parking spaces required for various uses. Being that the proposed space to be used for in-home beauty salon is also a single-family home, they are considered one entity. Single Family Residential has a requirement of 2 spaces in addition to the required garage. The clients will park in the driveway of the home. Mr. Janish provided the review criteria. The Planning Commission shall recommend an interim use permit and the Council shall issue such interim use permit only if it finds that such use at the proposed location: 1. Will not create an excess burden on parks, streets, and other public facilities: As part of an in-home beauty salon the City of Andover only allows one stylist and may have no more than three individual customers or one customer group. Parking related to the salon shall be limited to three vehicles and shall be located in the applicant’s driveway. The applicant has indicated they will provide 15 minutes between appointments and expect to only have up to two clients at a time. This is not expected to have a negative impact on existing and anticipated traffic conditions. 2. Will not be injurious to the surrounding neighborhood or otherwise harm the public health, safety, and general welfare: In-home beauty salons are regulated by City Code 12-15-8 D, and 12-9-7; 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 applicant will need to obtain a license from the Cosmetology board to operate from the home. The client’s vehicles will be parked in the driveway of the applicant’s property. 3. Will not have a negative effect on values of property and scenic views: With the exception of seeing a slight increase in traffic in the area there are no other impacts to the exterior of the property. The City of Andover has other in- home beauty salons and is not aware of issues with negative effects on property values or scenic views. This use must be accessory to the principal use of the property as the home of homeowner/operator. The principal use of the property would remain as a home and would not impact the proposed use of the property. 4. Will not impose additional unreasonable costs on the public: All costs are the applicant’s responsibility. There are not projected costs to the public. Regular Andover Planning and Zoning Commission Meeting Minutes – October 8, 2024 Page 3 5. Will be subjected to, by agreement with the owner, any conditions that the City Council has deemed appropriate for permission of the use, including a condition that the owner may be required to provide an appropriate financial surety to cover the cost of the removing the interim use and any interim structures upon the expiration of the interim use permit. The City Council will retain the ability to review the IUP for compliance and the IUP can be revoked if the applicant does not adhere to the conditions set and agreed upon by the City Council. Mr. Janish reviewed the requirements for specific home occupations: 1. Compliance with Requirements: In home beauty salons and barbershops must meet all applicable requirements established by the Andover City Code, Minnesota State Statute, the State Cosmetology Board and the State Barbers Board including obtaining all licenses and permits that may be required. The applicant has indicated they will have a licensed plumber install the hair wash station. The State Cosmetology Board will inspect and issue a license. The applicant shall be responsible to adhere to conditions as set by the City Council. 2. Drawings Submitted: Drawings detailing the salon/shop shall be submitted at the time of request for the Interim Use Permit. The applicant has submitted drawings indicating one stylist chair and a hair washing station. 3. Number of Stylists/Barbers: The In-Home Beauty Salon or Barbershop shall be limited to one stylist/barber. The In-Home Beauty Salon or Barbershop may have no more than three individual customers or one customer group (i.e. A family or a bridal party) on the premises at any given time. The applicant has indicated that they will be the sole operator at the location. As part of the owner’s narrative they have agreed to the terms of no more than three individual customers or one customer group. 4. Hours of Operation. The hours of operation shall be approved by the City Council. The applicant is requesting hours of operations to be Monday – Saturday 8:00 a.m. to 8:00 p.m. 5. Parking: All parking related to the home occupation shall be conducted entirely on the property and shall not utilize the public right-of-way. Parking related to the home occupation shall not exceed three vehicles at any given time. Off-street parking shall be as required by City Code 12-14-8. The applicant has indicated that their clients will utilize their driveway and will also provide 15 minutes between clients. Regular Andover Planning and Zoning Commission Meeting Minutes – October 8, 2024 Page 4 6. Non-Sewer Areas: In non-sewered areas, the septic system shall be in compliance with all applicable requirements established by the Andover City Code and Minnesota State Rules. The applicant’s property is connected to City water and City sewer. 7. Termination of Use Upon Sale of Property: Upon Sale of the premises for which an Interim Use Permit was granted such permit shall automatically terminate. The applicants IUP shall terminate upon property transfer or sale of property. This would require future owners to obtain a new IUP in order to continue the action of an In-Home Beauty Salon if desired. The Planning Commission is asked to hold a public hearing and provide a recommendation to the City Council regarding the conditional use permit request. Also provided for Commission review was a location map, resolution, application comments, City Code 12-9, City Code 12-9-7, City Code 12-15-8, and comments submitted. Commissioner Shafto asked about the licensing from the Cosmetology Board and whether it was a one-time license. Mr. Janish stated his understanding is that it needs to be renewed every couple of years. He asked for the difference between three individuals and a customer group and Mr. Janish stated a customer group could be a bridal party. Chair Godfrey assumed a motion to open the public hearing at 7:11 p.m. th Ms. Kami Hirschey, 1361 139 Avenue NW, the applicant stated all of these clients she has known for a very long time. They are aware of the 15 minutes between appointments. She stated she has raised 3 kids and they all had cars and with friends coming and going there is actually less traffic than before. Commissioner Shafto asked how long the average appointment is per customer and Ms. Hirschey stated it varies depending on the service. The longest appointment would be three hours. Mr. Janish stated an email was received from Jeff and Lisa Pust, 13949 Bluebird Street NW, stating: “Please know that my husband and I are asking that you NOT grant a permit th for an “in-home beauty salon” for 1361 139 Avenue NW. This is the end of a cul-de-sac and would create hardships for neighboring homeowners when trying to park their cars. In addition, it would create more traffic. This is a residential neighborhood, not a commercial area. Thank you for your help in maintaining a quiet neighborhood.” th A letter was provided by Joanne Wernecke, 1387 139 Avenue NW, stating she had no objection to a home beauty salon. She is sure they will meet all the requirements for the IUP. Regular Andover Planning and Zoning Commission Meeting Minutes – October 8, 2024 Page 5 th An email was received from John Gasal, 1349 139 Avenue NW, stating he lives next door to the applicant and supports approval of the IUP. Chair Godfrey assumed a motion to close the public hearing at 7:17 p.m. Commissioner Loehlein stated in the past 45 years there were 15 IUPs requested with only two still in operation. He feels there would be minimal impact if any to the neighborhood. He would be in favor of approval of the IUP. Motion by Loehlein, seconded by Shafto, to recommend the City Council approve the th Interim Use Permit (IUP) – In Home Beauty Salon 1361 139 Avenue NW – Kami Hirschey (Applicant). Motion carried on a 6-ayes, 0-nays vote This matter will come before the City Council at their meeting on October 15, 2024. PUBLIC HEARING: CONSIDER CITY CODE AMENDMENT – CITY CODE 12-14- 8: OFF STREET PARKING REQUIREMENTS – CITY OF ANDOVER (APPLICANT) Mr. Janish reviewed the City of Andover has been seeing an increase in rural parcels seeking building permits with homes being built further back than the minimum setbacks. Typically, this is done due to wetlands, or topography. As part of the review process staff discussions has centered on emergency vehicle access to these homes. In order to meet emergency responders’ needs an ordinance has been developed, which establishes criteria for minimum driveway width, and requires a turnaround under certain circumstances. All Driveways:  Shall be at least 12 feet wide driving surface.  Obstructions adjacent to and directly over the driveway shall be removed to provide a 14 foot clear width and 15 foot clear height. All Driveways in R-1, R-2, R-3 and RR Zoning Districts:  Up to 150 feet in length shall meet the Standard Requirements for driveways.  Greater than 150 feet in length shall provide: o 20 foot driveway driving surface. o Obstructions adjacent to and directly over the driveway shall be removed to provide a 22 foot clear width and 15 foot clear height. o Driveway grade of not more than 10% unless approved by Fire Chief. o Provide a minimum turning radius. o Provide driveway access to all dwellings including accessory dwelling units. OR  Greater than 150 feet in length shall provide: o 12 foot driving surface. Regular Andover Planning and Zoning Commission Meeting Minutes – October 8, 2024 Page 6 o Obstructions adjacent to and directly over the driveway shall be removed to provide a 14 foot clear width and 15 foot clear height. o Between 60 feet and 150 feet away from the principal structure a turnaround for emergency vehicles shall be provided and maintained.  Turnaround shall meet the requirements for driving surface width and clear width and height required by this Section and provide a 28 foot turning radius.  The turnaround shall be at least 50 feet in length, for a total width of 62 feet.  A diagram was provided for a visual representation of this requirement. Alternative turnaround designs that provide the same level of emergency vehicle access may be approved by the Fire Chief.  Wetland Impacts o 10 foot driving surface. o Obstructions adjacent to and directly over the driveway shall be removed to provide a 12 foot clear width and 15 foot clear height. o Reduced width only applies to areas requiring mitigation of an approved wetland.  Places property owner and occupants in charge of keeping areas open and clear of obstructions to allow unhindered access for emergency access for emergency vehicles. The Planning and Zoning Commission is requested to hold a public hearing and make a recommendation on the City Code Amendments to the City Council. A draft Ordinance was provided for Commission’s consideration. Commissioner Shuman asked what happens to current properties that may not meet these criteria. Mr. Janish stated they would be grandfathered in and this would apply to new properties with a home permit. It will be part of the review process for new construction. Commissioner Shuman asked if a grandfathered-in property owner wanted to add an accessory building would they need to adhere to the new Code. Mr. Janish stated the overall and side clearance would be required from the get-go. If the height is too low and emergency vehicles cannot pass under, they stop so as not to damage the vehicles. Modifications would need to be made to the driveway to the best of their ability if an Accessory Dwelling Unit is built. Commissioner Shuman asked if this Ordinance is inspired mainly for fire. Mr. Janish stated it is more fire-based. Commissioner Shafto asked if the grandfathering-in carries with the property. Mr. Janish stated it does. Chair Godfrey assumed a motion to open the public hearing at 7:30 p.m. No one appeared to address the Commission. Regular Andover Planning and Zoning Commission Meeting Minutes – October 8, 2024 Page 7 No comments have been received by Staff regarding this matter. Chair Godfrey assumed a motion to close the public hearing at 7:31 p.m. Commissioner Hudson asked how the 150 feet was determined and Mr. Janish stated it is based on a distance from the fire department and how they fight fires with their equipment in areas without city water. Chair Godfrey stated she is delighted Staff has come up with this standard that residents can use as a guideline. Commissioner Shuman stated in terms of guidelines, the main concern he has if he is purchasing a home in a rural district he may not wish to have to construct a new driveway with this criteria. He believes this would make sense for City lots. Commissioner Winge asked what City Code states regarding zoning and material used for driveways. Mr. Janish stated there are some options in the rural areas, and they are identified in the City Engineers detail requirements. Commissioner Loehlein asked if neighboring guidelines are similar. Mr. Janish stated the fire department led this discussion in providing access to the properties. Commissioner Schuman stated when people purchase a property they can do with it as they wish, and they may desire to have a more secluded property. The ordinance should be a guideline vs. requirement for rural properties. Commissioner Shafto If the Fire Department cannot access a property other properties are at risk also. Overall, he agrees with the guidelines. Motion by Loehlein, seconded by Hudson, to recommend the City Council approve the City Code Amendment – City Code 12-14-8:P Off Street Parking Requirements – City of Andover (Applicant). Motion carried on a 5-ayes, 1-nays (Shuman) vote. This item will come before the City Council on October 15, 2024. PUBLIC HEARING: CONSIDER CITY CODE AMENDMENT – CITY CODE 12-7: FENCES AND WALLS – CITY OF ANDOVER (APPLICANT). Mr. Hellegers reviewed at the August 27, 2024, City Council workshop, the Council discussed a residential fencing proposal for a welded wire panel fence commonly referred to as a “cattle panel”. After discussion, the Council directed City Staff to draft a City Code Amendment that would clarify that this type of fencing is allowed and provide conditions for its use. In response, City Staff have drafted City Code Amendments for review and Regular Andover Planning and Zoning Commission Meeting Minutes – October 8, 2024 Page 8 discussion. The City Council then reviewed the language at their September 24 Workshop meeting. The proposed ordinance includes: 1. Addition of Appeals process. 2. Additional materials expressly prohibited. 3. Language to allow for welded wire panel fencing. Mr. Hellegers stated the New City Code Section 12-7-7; establishes the Andover Review Committee as the Board of Design Control for fences and grants the board the ability to approve, conditionally approve, or disapprove of the fence design, materials or plan. The new/added text to City Code 12-7-7: Appeals includes: “The Andover Review Committee of the City shall be and is hereby appointed the Board of Design Control for fences. The Board shall review all Fence Permit applications referred to it by the City of Andover Engineering Department upon a determination that the design, materials, or plan may violate the provisions of this Chapter or in situations where no such determination could be made by the Engineering Department. The Board may approve, conditionally approve, or disapprove the design, materials, or plan of any fence referred to it as it may deem necessary to carry out the purpose and intent of this Chapter. Any person aggrieved by the decision of the Andover Review Committee may take an appeal from there to the City Council.” This would expand the list of prohibited fencing materials from City Code Section 12-7-4. The materials added to the prohibited fencing materials list are:  Metal sheeting including corrugated steel.  Chicken wire (except for use on permitted chicken coops).  Drywall  Cardboard  Particleboard  Pallets  Chopped Wood  Netting  Paper  Reflective surfaces  Jersey barriers and similar products  Orange construction fencing and similar materials  Any material that is not manufactured or originally intended to be used as fencing. No fence may have boards, planks, or panels larger than twelve inches in width except as otherwise permitted by the Code. Silt fences, orange construction fencing, and similar materials shall only be allowed on construction sites or where deemed necessary to Regular Andover Planning and Zoning Commission Meeting Minutes – October 8, 2024 Page 9 st prevent soil erosion. Snow fences shall only be allowed between November 1 and April th 15. This amends City Code Section 12-7-7 to include wire panel fencing with supporting posts and rails as a permitted type of fencing. The new/added text is: City Code 12-7-7: Performance Standards (A): “Wire fencing shall only be allowed as a part of a panel fence. These fences shall be rigid and self-supporting, without the need for external guide wires or stakes. Wires shall be woven to run horizontal and vertical and be welded at their intersections to form a checkerboard like design. The wire shall utilize gaps that do not exceed four inches by four inches in size so as to prevent external footholds and handholds. Each panel shall be framed with wood or decorative metal finishes and be no more than eight feet in length. Unframed rolls of fencing or unframed fence panels shall be prohibited. The wire fencing material shall be framed on both sides so that the fencing material is centered within the frame.” Mr. Hellegers showed examples of Wire Panel Fences. The Commission is requested to hold a public hearing and make a recommendation on the City Code Amendments to the City Council. Also provided for Commission review were sample pictures, City Council Workshop Meeting Minutes August 27, 2024, DRAFT City Council Workshop Meeting Minutes September 24, 2024, and the Draft Ordinance. Commissioner Winge asked for someone going through the appeals process what is the process and who is the Andover Review Committee. Mr. Hellegers stated the Review Committee consists of all staff departments. It is an administrative committee that reviews requests and may make recommendations to the applicants. Mr. Janish stated an applicant still has the ability to go before the City Council if not agreeable to the Committee’s recommendation. Commissioner Loehlein asked what percentage of fence applications would not meet code. Mr. Janish stated there have been three during his eight-year tenure with the City. Chair Godfrey asked about guidelines relating to the permanency of fencing. Mr. Janish stated there is a certain time of year when someone can use orange construction fencing. The type of fencing is also reviewed based on the purpose of the fencing as to determine if it is suitable for permanent fencing. Mr. Janish also indicated all of the items listed as prohibited have been used within the City. Chair Godfrey assumed a motion to open the public hearing at 7:47 p.m. No one appeared to address the Commission. Regular Andover Planning and Zoning Commission Meeting Minutes – October 8, 2024 Page 10 Staff did not receive any comments on this matter from the public. Chair Godfrey assumed a motion to close the public hearing at 7:48 p.m. Motion by Hudson, seconded by Loehlein, to recommend the City Council approve the City Code Amendment – City Code 12-7: Fences and Walls – City of Andover (Applicant). Motion carried on a 6-ayes, 0-nays vote This will go before the City Council at their October 15, 2024 Meeting. OTHER BUSINESS. Mr. Janish reviewed the Hughes Industrial Park Interim Use Permit application from the last meeting was approved by the City Council. Met Council has suggested some increased density for some communities. The City of Andover will be required to go with 4 units per acre rather than 3 units per acre currently in the Imagine 2050 plan. Andover City Council provided 32 comments back to the Met Council. There are concerns with the local infrastructure related to capacity within Andover to accomplish 4 units per acre. The City has also requested an appeals process. Commissioner Winge asked Staff is there is an update on the AT&T tower. Mr. Janish stated there have been conversations about changing the number of antennae on the tower. ADJOURNMENT Chair Godfrey adjourned the meeting at 8:00 p.m. Respectfully Submitted, Debbie Wolfe, Recording Secretary TimeSaver Off Site Secretarial, Inc.