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HomeMy WebLinkAboutMay 11, 1999 " " v f- -\ '\...J ,,-\ '\...J o o CITY of ANDOVER ING AND ZONING COMMISSION MEETING - MAY 11,1999 MINUTES The Regular Bi-MontWy Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Maynard Apel on May 11, 1999, 7:04 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Maynard Apel, Larry Dalien, Dean Daninger, Mark Hedin, Bev Jovanovich, and Jay Squires (arrived at 7:26 p.m.) Douglas Falk Zoning Administrator, Jeff Johnson Commissioners absent: Also present: Chairperson Apel suggested amending the agenda to consider Items 5 and 6 first and then Items 3 and 4 because Commissioner Squires will arrive aroWld 7:30 p.m. and he would like him to be present for the public hearing. The Commission agreed. APPROVAL OF MINUTES. April 27, 1999 Motion by Hedin, seconded by Jovanovich, the Minutes be approved as written. Motion carried on a 3-ayes, O-nays, 2-absent (Falk and Squires), 2-present (Daninger and Jovanovich) vote. VARIANCE (VAR 99-04) - DECK ENCROACHING INTO SIDEYARD SETBACK FROM INTERIOR LOT LINE -1259 153RD A VENUE NORTHWEST - BETH A. HA VERLY- MESTRICH Mr. Johnson explained that the Planning and Zoning Commission is asked to review the variance request of Beth Mestrich to allow for the construction and placement of a deck encroaching into the ten foot sideyard setback from the interior lot line on the property located at 1259 153rd Avenue Northwest, legally described as Lot 22, Block 3, Chesterton Commons. Mr. Johnson stated that the applicable ordinances ate: Ordinance No.8, Section 6.02 establishes the minimum lot requirements. This section requires a ten foot sideyard setback from the interior lot line. Ordinance No.8 Section 5.04 establishes the variance process. Variances may be granted where there are practical difficulties or unnecessary hardships in any way of carrying out the strict letter of the provisions of the Zoning Ordinance. The hardships or difficulties must have to do with the characteristics of the land and not the property owner. Regular Andover Planninf___)d Zoning Commission Meeting U Minutes - May 11, 1999 Page 2 \ \ ,) Mr. Johnson explained that the applicant is requesting the variance to construct a deck encroaching three feet into the ten foot sideyard setback form the interior property line. The deck footings would be placed seven feet from the side property line. Mr. Johnson noted that similar variances have been granted in the past for decks that have encroached up to three feet into the ten foot sideyard setback from the interior lot line. In most cases, the variances that have been granted in the past have allowed more deck space in order for the property owner to functionally utilize their deck. Commissioner Dalien stated that it is unfortunate that the problem was not caught before the house was built. Chairperson Apel stated that a new ordinance is being worked on to eliminate the number of variances that have to be issued for these situations. Motion by Dalien, seconded by Jovanovich, to recommend to the City Council approval of said request finding that the request meets the conditions established in Ordinance No.8 Section 5.04. Motion carried on a 5-ayes, O-nays, 2-absent (Falk and Squires) vote. V ARlANCE (V AR 99-05) - SHED ENCROACHING INTO SIDEYARD SETBACK FROM STREET -1297 142ND A VENUE NORTHWEST - DAN DeKOK Mr. Johnson explained that the Planning and Zoning Commission is asked to review the variance / request of Dan and Kamala DeKok to allow for the placement of a shed to encroach into the thirty- . five foot sideyard setback from the street on the property located at 1297 142nd Avenue Northwest, legally described as Lot 2, Block 2, Creekview Crossing. The property is zoned R-4, Single Family Urban. Mr. Johnson stated that the applicable ordinances are: Ordinance No.8, Section 6.02 establishes the minimum lot requirements. This Section requires a thirty five foot sideyard setback from the street in an R-4, Single Family Urban Zoning District. Ordinance No.8, Section 5.04 establishes the variance process. Variances may be granted where there are practical difficulties or unnecessary hardships in any way of carrying out the strict letter of the provisions of the Zoning Ordinance. The hardships or difficulties must have to do with the characteristics of the land and not the property owner. Mr. Johnson explained that the applicant is requesting the variance to place a 10 x 10, 100 square foot shed that will encroach twenty-three and one-halffeet into the thirty-five foot sideyard setback from the street. The applicant constructed a swimming pool in the rear yard in the summer of 1998. The applicant is finding difficulties to meet the required setbacks because the pool encompasses the majority of the buildable area. The applicant has indicated in the application that he needs the extra storage space to properly store and secure pool chemicals on the property. \ / Regular Andover Planning~~ Zoning Commission Meeting () Minutes - May 11,1999 Page 3 " , J Mr. Johnson reviewed photos of the proposed encroachment of the shed. Mr. Johnson noted that no variances to this provision of the ordinance have been granted. The City received one application in 1991 that was denied by the Planning and Zoning Commission and City Council. Commissioner Daninger questioned how big the shed was. Dan. DeKok. 1297 142nd Avenue Northwest, stated that the shed is 10 x 10. Commissioner Daninger questioned if the shed will be used for storing chemicals only. Mr. DeKok stated that he will keep all the pool equipment in the shed. Mr. DeKok noted that there is no way for him to meet the setback requirement anywhere in his yard and stated that the Mayor was at his property and had suggested the proposed location. Chairperson Apel stated he feels that it is reasonable use of the land and with the privacy fence the sight lines are not impacted, noting that the 35 foot setback was adopted for sight line purposes and uniformity. Commissioner Jovanovich stated that she agrees with Chairperson Apel that with the privacy fence she doesn't see the placement of the shed as being a problem. \ Commissioner Daninger questioned if any complaints had been received. Mr. Johnson stated that ) one phone call complaint was received by the building inspector, but he was unaware of the nature of the complaint. Mr. DeKok stated that he did have one complaint, but noted that it was before the shed was moved to the proposed location. Mr. DeKok submitted a petition from the neighbors stating they had no problem with the location of the shed. He also noted that the siding of the shed is vinyl that matches the house. Commissioner Hedin asked what type of base the shed is on. Mr. DeKok stated the shed is placed on cement blocks up off the ground a couple of inches so it is not attached to the ground by any means. Motion by Jovanovich, seconded by Daninger, to recommend to City Council approval of said request finding that the request meets the conditions established in Ordinance No.8, Section 5.04. Motion carried on a 5-ayes, O-nays, and 2-absent (Falk and Squires) vote. PUBLIC HEARING: AMEND ORDINANCE NO.8, SECTIONS 4.30, HOME OCCUPATIONS AND 7.03, SPECIAL USES. SAID AMENDMENT(S) WOULD ALLOW THERAPEUTIC MASSAGE AS A HOME OCCUPATION BY SPECIAL USE PERMIT. " , j I) U Regular Andover Plannini und Zoning Commission Meeting Minutes - May 11, 1999 Page 4 "- , j Mr. Johnson explained that the Planning and Zoning Commission is asked to review the following amendments to Ordinance No.8, the Zoning Ordinance. Section 3.02 Definitions: Said amendment would re-define the definition of therapeutic massage as a retail trade and service to include an establishment that offers on and off-site massage services. According to the definition a therapeutic massage establishment is considered a retail trade and service and is a permitted use in General Business (GB), Neighborhood Business(NB) and Shopping Center (SC) zoned districts. Section 7.03 - Special Uses: Said amendment would allow a license therapist to conduct on-site therapeutic massage services within their private home in a residential zoned district upon issuance of a Special Use Permit. Section 4.30 - Home Occupations: Staff has made no changes to this section. Mr. Johnson noted that an on-site therapeutic massage establishment located in a residentially zoned district shall have to comply with all home occupation regulations as stated in Section 4.30. As a permitted use, a licensed therapist may choose to have an office in their home and conduct all of their massage services off-site as stated in Ordinance No. 110. Mr. Johnson reviewed the information the Commission received at the last meeting. . / Commissioner Squires arrived at 7:26 p.m. Motion by Hedin, seconded by Jovanovich, to open the public hearing. Motion carried on a 6-ayes, O-nays, I-absent (Falk) vote. Cindy McKee. Bodv Image Therapeutic Massage. stated that she is currently a resident of Blaine but is looking into moving to Andover and is requesting to move her business into their new home. Ms. McKee gave the Commission a copy of information about her business and what her clients receive. Ms. McKee reviewed her educational and working background and stated that her intentions are strictly therapeutic. Motion by Squires, seconded by Hedin, to close the public hearing. Motion carried on a 6-ayes, 0- nays, I-absent (Falk) vote. Chairperson Apel explained that the history of the therapeutic massage issue was when the previous applicant first brought came to the Commission she was interested in outpatient services at that time. '\ Commissioner Squires stated that the Commission also looked into therapeutic massage as an in- house occupation but had some concerns and were not interested in furthering the issue. , ~J ) c.) Regular Andover Planniniurzd Zoning Commission Meeting Minutes - May 11, 1999 Page 5 : Chairperson Apel stated that he was in favor of approving the changes. Commissioner Squires stated that things are changing these days and all different types of health care options are now available. He stated he feels that having a therapeutic massage business isn't that much different than having a beauty salon. Commissioner Jovanovich stated that there is more going on with massage and aroma therapy now days and he is in support of the changes. Commissioner Daninger stated that he likes the fact of bringing a business to Andover and following the correct procedures in doing so. Commissioner Jovanovich questioned if Ms. McKee would be the only employee. Ms. McKee stated yes and she would only see four patients a day. Commissioner Hedin stated that due to all the safeguards with the ordinances he doesn't see any problem with the changes. Motion by Hedin, seconded by Squires, to recommend to the City Council approval of the said amendments to Ordinance No.8, the Zoning Ordinance. Motion carried on carried on a 6-ayes, 0- / nays, I-absent (Falk) vote. AMEND ORDINANCE NO. 110, THERAPEUTIC MASSAGE ORDINANCE - SAID AMENDMENT WOULD ALLOW THERAPEUTIC MASSAGE AS A HOME OCCUPATION BY SPECIAL USE PERMIT. Mr. Johnson explained that the Planning and Zoning Commission is asked to review the following amendment to the Ordinance No. 110 - An Ordinance Regulating Massage Businesses and Services within the City. Mr. Johnson explained that the said amendment would add the definition of on-site massage services. Motion by Daninger, seconded by Jovanovich, to recommend to City Council approval of the said amendment adding the definition of on-site massage services. Motion carried on a 6-ayes, O-nays, 1- absent (Falk)vote. OTHER BUSINESS Mr. Johnson noted that it is going to be a busy season with road construction and building permits. '. , , Regular Andover Plannin;'u~d Zoning Commission Meeting Minutes - May 11, 1999 Page 6 '- ADJOURNMENT .' ) '--..: Motion by Daninger, seconded by Jovanovich, to adjourn. Motion carried on a 6-ayes, O-nays, 1- absent (FaIk) vote. Meeting adjourned at 7:40 p.m. Respectfully submitted, Nanci Libor, Recording Secretary TimeSaver Off Site Secretarial, Inc.