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HomeMy WebLinkAboutSeptember 25, 2001 .' ., o ,- " ,,~ ,~ " 'J u ~ CLQ.) ~ Ill-~3~OI o CITY of ANDOVER PLANNING AND ZONING COMMISSION MEETING - SEPTEMBER 25,2001 The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Jay Squires on September 25,2001,7:04 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: . Chairperson Jay Squires, Commissioners Douglas Falk, Mark Hedin, Dean Daninger, Larry Dalien, and Rex Greenwald. Commissioners absent: Commissioner Tim Kirchoff Also present: City Planner, Courtney Bednarz Others APPROVAL OF MINUTES August 28, 2001 Motion by Daninger, seconded by Hedin, to approve the minutes as presented. Motion carried on a 6-ayes, O-nays, I-absent (Kirchoff) vote. PUBLIC HEARING: SPECIAL USE PERMIT (01-08) FOR A HOME OCCUPATION PLUMBING BUSINESS OPERATED FROM AN ACCESSORY STRUCTURE FOR PROPERTY LOCATED AT 2487 139TH A VENUE NW - TED HURKMAN. City Planner Courtney Bednarz explained that the applicant is seeking approval of a home occupation to operate a plumbing business out of an existing detached accessory building on the subject property. The structures on the property were constructed many years ago before current regulations. The accessory buildings have previously been used for a home occupation electrical business. This use predated the applicable ordinances described below and was considered a non-conforming use after these provisions were added. This business ceased operations in 1987 or 1988. There have been several inquires since that time for accessory structure based home occupations on this property. None have been approved. i ( \ "_J Regular Andover Planning and Zoning Commission Meeting Minutes - September 25, 2001 Page 2 '--) Mr. Bednarz stated that the home occupation ordinance provisions that apply to accessory buildings are designed to keep these types of operations in rural areas and limit the impact on surrounding properties. The proposal represents a substantial departure from the intent of this ordinance. Staff recommends denial ofthis request. Mr. Bednarz stated that the property is zoned Single Family Urban Residential and guided for low-density residential development in the Comprehensive Plan. The detached accessory buildings complicate the subdivision of the property to achieve this result. The square footage of the detached accessory structures significantly exceeds the size of the principal structure. Due to the fact that these structures were constructed prior to the ordinance provision that restricted their size, they are considered legal-nonconforming. This means that the structures are allowed to remain until such time as they are damaged beyond 50% of their value, at which time they will be required to be removed. This property may be subdivided to create addition urban residential lots in the future. While the detached accessory buildings may be utilized for general storage at this time, approving a home occupation at this location would further complicate this transition in the future. j Chair Squires questioned how the nature of the proposed use of a plumbing business fits into Section 4.30 (B)(l). Mr. Bednarz stated that the intent of this section is to limit the affect on the neighboring properties. Chair Squires questioned if there isn't more of a list of potential home occupations than what is stated in point #7 of Section 4.30 (B)(l). He questioned how a plumbing operation would fit into the picture. Mr. Bednarz explained that the occupations within the principal structure are not included in the list because they have different requirements. He also noted that the ordinance references 'similar uses' which could be applied. Commissioner Daninger questioned Mr. Bednarz if he is aware of any of the inquires since 1988 that haven't been approved. Mr. Bednarz explained that several informational inquiries regarding home occupations for auto repair and other uses have been made in the past, but these requests haven't been pursued on to the level ofthe Planning and Zoning Commission. Commissioner Greenwald questioned Mr. Bednarz on why he's opposed to the request. Mr. Bednarz explained that home occupations that are operated in an accessory structure are designed to remain in rural areas. He mentioned that some of the other reasons are the number of employees and traffic that are limited by ordinance to keep the neighborhood free from intense commercial activity. Motion by Falk, seconded by Greenwald, to open the public hearing at 7:15 p.m. Motion ) carried on a 6-ayes, O-nays, I-absent (Kirchoff) vote. (J Regular Andover Planning and Zoning Commission Meeting Minutes - September 25,2001 '. Page 3 C) / Louie Rosenberg, 139th Avenue, stated that he lives right across the road from the property. He stated that the property was fonnerly used by US West. He stated that the request is a much less obtrusive operation than say cabinet making. He mentioned that west of the property is the fire hall which generates a lot more activity than what this business would generate. He stated that he has no objection to the request. Commissioner Dalien questioned ifthe accessory structure was used as an electrical building. Mr. Rosenberg stated that that is correct. Commissioner Dalien questioned Mr. Rosenberg on when the operation ceased. Mr. Rosenberg stated that the date provided by staff was the correct date. Commissioner Dalien questioned Mr. Rosenberg on whether the building has been used for any commercial use since. Mr. Rosenberg stated that to his knowledge it hasn't been used since for any commercial use since that time. Bruce Nelson, 2351 139th Avenue, stated that he's concerned if there will be more than one employee working in the operation. He stated that he's also concerned about the increase in traffic it could generate. He mentioned that he did speak with an adjacent property owner who stated that he never liked the idea of the electrical business when it was in operation. / Nathan Hare, 2361 139th Avenue, stated that he's opposed to the request since he and his wife are gone during the day and there could be considerable traffic. He stated that the activity along with not knowing who the employees are concerns him. He mentioned that his property is only 26 feet from the accessory structure, therefore he has concerns regarding the noise and how it may affect the value of his property. Commissioner Greenwald questioned what kind of natural barriers exist that separate the properties. Mr. Hare stated that there is a privacy fence, however the building is much taller and is definitely visible from his house. Chair Squires stated that for the record Mr. Hare and another resident did write a letter to the City stating that he is opposed to the request. Mr. Hare stated that that is correct. Ted Hurkman, 2487 139th Avenue, stated that he has no problems with whatever the Commission decides. He mentioned that he does meet several of the requirements for special use pennits. Commissioner Falk questioned Mr. Hurkman on how exactly he would use the accessory structure. Mr. Hurkman stated that he would use the building to store his supplies. ) \ U Regular Andover Planning and Zoning Commission Meeting Minutes - September 25, 2001 Page 4 u Commissioner Palk questioned if the building would be used for any manufacturing or maintenance purposes. Mr. Hurkman stated he would use the accessory structure for storage of vehicles and some limited business activities. Commissioner Greenwald questioned where Mr. Hurkman is currently running his business. Mr. Hurkman stated that he currently has his business along Hanson Blvd. He stated the location. Commissioner Greenwald questioned if the structure could be used for storage purposes without the special use permit. Mr. Bednarz stated that yes it could be used for storage. Commissioner Greenwald mentioned that even if the Commission doesn't grant the request, Mr. Hurkman would still be able to store his trucks in the building. Mr. Bednarz stated that that is correct. However, ifthe vehicles came to and from the property on a regular basis this could be determined to be a home occupation. Commissioner Greenwald stated that if that is the case the traffic isn't even an issue, since it probably would happen either way. Mr. Bednarz mentioned that currently the accessory building doesn't meet the current fire and building codes. , J Commissioner Greenwald mentioned that even if the Commission doesn't grant the special use permit the building may still be used in a way that the neighbors don't approve. Chair Squires stated that in terms of enforcement staff would have to make a judgement call. Mr. Bednarz also mentioned that ifthere is regular vehicle traffic to and from the site it may become an issue that staff would have to address. There was no further public input. Motion by Daninger, seconded by Hedin, to close the public hearing at 7:29 p.m. Motion carried on a 6-ayes, O-nays, I-absent (Kirchoff) vote. Commissioner Daninger stated that it's nice to see residents attending the public hearings and stating the pros and cons of the request. He mentioned that because ofthe variances he wouldn't be able to recommend approval, however commended Mr. Hurkman for checking into it as a possibility. Commissioner Dalien agreed. J \ , '\ \.J Regular Andover Planning and Zoning Commission Meeting Minutes - September 25, 2001 Page 5 u Commissioner Falk stated that he would like to give the applicant credit for trying to put the request through. He stated that he has no choice but to vote for denial because of the ordinances. Commissioner Hedin stated that he agrees with the rest ofthe Commission. He mentioned that at least the applicant can use the structure for storage so the building isn't wasted. Commissioner Greenwald stated that he doesn't agree with the ordinance. He stated that he doesn't feel the ordinance is fair. He mentioned that he is concerned about growth and what would happen ifit became an issue. He stated that he wouldn't be able to vote for it because ofthe ordinances, however commended Mr. Hurkman for bringing it forward. Motion by Daninger, seconded by Greenwald, to recommend to the City Council approval of Resolution No. _, denying the Special Use Permit request of Ted Hurkel for a home occupation plumbing business to be operated out of an accessory structure on property located at 2487 139th Avenue NW. Further Discussion , J Chair Squires mentioned that it's important when the Commission recommends denial to support it with findings. Commissioner Daninger stated that his intent was to include the six findings as prepared in the resolution. Commissioner Greenwald agreed. Commissioner Hedin suggested stafflook at the possibilities of revising the ordinance. He stated that had the 3 acres been the only variance he would have voted for approval. He also mentioned that there are very nice accessory buildings out there that aren't a 100 feet from the front yard setback. Chair Squires suggested staff take a look at the ordinance. Motion carried on a 6-ayes, O-nays, I-absent (Kirchoff) vote. Mr. Bednarz stated that this item would be reviewed at the October 16, 2001 City Council meeting. PUBLIC HEARING: SPECIAL USE PERMIT (01-09) FOR HOME OCCUPATION BEAUTY SALON LOCATED AT 898 B8TH A VENUE - RACHEL BORGEN. J Mr. Bednarz explained that the applicant is seeking approval of a special use permit to allow a home occupation beauty salon within the principal structure of the subject property. He stated that if approved all applicable ordinances would be required to be met. He stated that the in-home beauty salon would be limited to one chair. Adequate parking is available in the driveway. The applicant will comply with all applicable state U Regular Andover Planning and Zoning Commission Meeting Minutes - September 25,2001 ') Page 6 regulations. The hours of operation would be Monday through Saturday 9 a.m. to 8:30 p.m. The property is served by municipal utilities. u Commissioner Daninger questioned if the hours comply with the requirements, however they just need to be stated. Mr. Bednarz explained that the hours need to be stated in the resolution. Commissioner Daninger questioned if the hours the applicant is requesting is similar to other in-home beauty salon operations. Mr. Bednarz stated that the closing hours of other in-home beauty salons around the City vary between 5 p.m. and 8 p.m. Chair Squires questioned ifthere are certain requirements in the ordinance regarding the number of employees allowed to work in the operation. Mr. Bednarz stated that there are no employee limits but the business is limited to one chair which addresses that issue. Chair Squires questioned the sign requirements. Mr. Bednarz stated the requirements for residential properties. Motioll by Dalien, seconded by Hedin, to open the public hearing at 7:41 p.m. Motion carried on a 6-ayes, O-nays, I-absent (Kirchoff) vote. I \. // Rachel Borgen, 898 138th Avenue, stated that she would be the only employee working in the salon. She mentioned that the cosmetology requirements with the state say that only one person can be employed in her salon because of the amount of square feet available. Commissioner Daninger questioned Ms. Borgen if she plans to be open until 8:30 p.m. Ms. Borgen explained that she just wanted to keep her options open. Chair Squires questioned Ms. Borgen ifthere is enough parking for more than one vehicle. Ms. Borgen stated that she has enough parking for two customers. Chair Squires questioned if there have been any calls with concerns regarding the request. Mr. Bednarz stated that he did have a few calls, however there were no complaints or concerns regarding the request. Ms. Borgen mentioned that she wouldn't be having a sign on her property. There was no further public input. "- ) Motioll by Hedin, seconded by Daninger, to close the public hearing at 7 :44 p.m. Motion carried on a 6-ayes, O-nays, I-absent (Kirchoff) vote. \ . \ U Regular Andover Planning and Zoning Commission Meeting Minutes - September 25, 2001 Page 7 (J " Chair Squires mentioned that at one time he lived next to an operation such as this and found that there were never any problems. Motion by Falk, seconded by Hedin, to recommend to the City Council approval of Resolution No. _, approving the Special Use Permit request of Rachel Borgen for a home occupation beauty salon for property located at 898 138th Avenue NW, subject to the following conditions: 1. One (I) Chair salonlbarber only. 2. The hours of operation shall be Monday through Saturday 9 a.m. to 8:30 p.m. 3. Parking requirements shall be as set out in Ordinance No.8, Section 8.08. 4. The salon/shop must comply with the State Cosmetology Board and the State Barbers Board requirements. 5. The beauty shoplbarber shop shall be owner occupied. 6. Upon sale ofthe premises for which the Special Use Permit is granted, such Permit shall terminate. 7. The Special Use Permit shall be subject to review at any time the City Council determines this use of the property becomes detrimental to the health, safety, or general welfare of the community. " Motion carried on a 6-ayes, O-nays, I-absent (Kirchoff) vote. Mr. Bednarz stated that this item would be up for approval at the October 16,2001 City Council meeting. OTHER BUSINESS Mr. Bednarz updated the Commission on related items that have recently been before the City Council. Commissioner Greenwald questioned ifthere is an update on the potential sports facility. Commissioner Daninger stated that they recently had a meeting. He stated that a lot of weight will be based on the results of the survey. He mentioned that some are concerned about the survey being conducted so soon after the terrorist attack and how it may affect the results of the survey. ADJOURNMENT Motion by Falk, seconded by Dalien, to adjourn the meeting at 7:55 p.m. Motion carried on a 6-ayes, O-nays, I-absent (Kirchoff) vote. / . ') \j Regular Andover Planning and Zoning Commission Meeting Minutes - September 25,2001 Page 8 Respectfully submitted, Sara Beck, Recording Secretary TimeSaver Off Site Secretarial, Inc. , ,_ I \ \ ) ( "\ -.J