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HomeMy WebLinkAboutJuly 13, 1999 o o o CITY of ANDOVER PLANNING AND ZONING COMMISSION MEETING - JULY 13,1999 MINUTES The Regular Bi-MontWy Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Jay Squires on June 8, 1999, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Maynard Apel, Larry Dahlien, Dean Daninger, Douglas Falk, Mark Hedin, Bev Jovanovich, and Jay Squires. None City Planner, John Hinzman Planning Intern, Megan Barnett Others Commissioners absent: Also present: APPROVAL OF MINUTES. June 22, 1999 o . Motion by Apel, seconded by Squires, the Minutes be approved as submitted. Motion carried on a 7-ayes, O-nays, O-absent vote. o PUBLIC HEARING: AMENDED SPECIAL USE PERMIT (ASUP) - CONSTRUCT ADDITION TO REPAIR GARAGE - 13585 THRUSH STREET NW - RAYMOND BECK. Ms. Barnett stated the Planning and Zoning Commission is requested to review and recommend to the City Council the approval of an Amended Special Use Permit to construct a 1,144 square foot addition for storage of new parts and an expanded recycling area, onto an existing auto repair garage at 13585 Thrush Street NW. Ms. Barnett stated that Ordinance No.8, Section 5.03 regulates the Amended Special Use Permit process and outlined the existing criteria. She stated that Section 7.03, Special Uses allows repair garages as a special use in General Business Districts. She explained that Ordinance No.8 was applicable to this proposal. Ms. Barnett stated that the existing auto repair facility was constructed in 1994 under SUP 94-17. In 1997 Beck's Auto was granted an Amended Special Use Permit (ASUP 97-13), which conditions included the exterior parking had to be screened by a 6 foot wood fence, no outside storage of parts after the close of each business day, and maximum storage of 20 vehicles at a time. .' " , (J () Regular Andover Planning and Zoning Commission Meeting Minutes - July 13, 1999 Page 2 \ '-- / Ms. Barnett stated that the proposed expansion would consist of storage for new parts and an expanded recycling area, and will be architecturally integrated into the existing facility. She stated that the Andover Review Committee had reviewed the commercial site plan for the addition, and there were no conflicting issues. She stated that staff recommends approval of the proposal subject to the provisions of the resolution. The applicant was present. Commissioner Daninger noted that the area was currently fenced, and asked if the fence would be replaced after the expansion. The applicant stated that the fence runs along the property line and would not be moved. Motion by Apel, seconded by Squires, to open the public hearing. Motion carried on a 7- ayes, a-nays a-absent vote. There was no public input. ilIotion by Daninger, seconded by Squires, to close the public hearing. Motion carried on a 7-ayes, a-nays, a-absent vote. j Commissioner Daninger stated that he had seen the property, and was impressed with its appearance. Motion by Apel, seconded by Jovanovich, to recommend to the City Council approval of the resolution approving an Amended Special Use Permit for a storage addition, Beck's Auto 13585 Thrush St. NW (PIN 34-32-24-32-0018), legally described as Lot 1, Block 3, Andover Commercial Park. Motion carried on a 7-ayes, O-nays, O-absent vote. Mr. Hinzman stated that the Council would consider this proposal at the July 20, 1999 City Council meeting. PUBLIC HEARING: SPECIAL USE PERMIT - (SUP 99-08) - BEAUTY SALON IN HOME -16430 NARCISSUS STREET NW - NANCY SUE KRIEGER. Ms. Barnett stated the Planning and Zoning Commission is requested to review the Special Use Permit requested by Nancy Krieger to operate an in-home beauty salon on the property located at 16430 Narcissus Street NW (PIN 17-32-24-11-0007), legally described as Lot 10, Block 4, Timber Meadows second Addition. Ms. Barnett stated that Ordinance No.8, Section 7.03, Special Uses allows beauty shops in ) all residential districts by the granting of a Special Use Permit. She stated that Section 5.03 () () Regular Andover Planning and Zoning Commission Meeting Minutes - July 13, 1999 Page 3 . " " ) established guidelines for granting a Special Use Permit for in-home beauty salons. She provided an overview of the criteria presented. Ms. Barnett presented the site plan for the Commission's review, and described the interior facilities of the proposed salon. She noted that the applicant would be the only practicing licensed cosmetologist at this residence. She stated that staff recommended the approval of the proposal subject to the provisions of the resolution. The applicant's husband was present. Commissioner Hedin asked if the Building Official had completed his review of the plans for the proposal. Ms. Barnett stated that he had not. Mr. Hinzman stated that approval of the Special Use Permit was contingent upon compliance with other permits. Commissioner Daninger asked if Ordinance 8, Section 8.08 provided limitations for customers parking upon the street. Mr. Hinzman stated that this section only required that the applicant provide two off street parking spaces. He noted that a condition could be added to the Special Use Permit to indicate no on street parking was allowed. , ) Commissioner Hedin stated that he did not see a need for this, and that it may restrict the owner from parking in front of his own property. Motion by Squires, seconded by Jovanovich, to open the public hearing. Motion carried on a 7-ayes, a-nays, a-absent vote. There was no other public input. Motion by Hedin, seconded by Squires, to close the public hearing. Motion carried on a 7- ayes, a-nays, O-absent vote. Commissioner Daninger asked if there had been any problems associated with this type of use. Mr. Hinzman stated that he was not aware of any in the recent past. Commissioner Squires stated that he lived next door to this type of operation, and he had experienced no problems. Mr. Hinzman stated that the Special Use Permit was reviewed annually. He explained that if there were any complaints regarding the operation, the matter might be brought back for additional review, to insure the conditions were being met. '\ I CJ U Regular Andover Planning and Zoning Commission Meeting Minutes - July 13, 1999 Page 4 \. ./ Chairperson Squires requested clarification regarding the intent of Item 7 of the proposed resolution, which indicates "the resident shall be owner occupied." He asked if this could be interpreted to represent that the owner/occupant shall not be an employee. The applicant's husband stated that this matter was regulated by the state. Chairperson Squires stated that the resolution should include a condition indicating that no on street parking is allowed. Commissioner Apel stated that he would be opposed to a condition restricting on street parking. Commissioner Hedin stated that this would not be necessary, as the applicant has sufficient off street parking to accommodate the requirements as set forth in Ordinance 8, Section 8.08. Chairperson Squires requested that Item 7 of the proposed resolution indicate that the residence must be owner-occupied, and requested the addition of Item 10, requiring that the applicant receive all necessary building permits. \ , J lUotion by Hedin, seconded by Jovanovich, to recommend to the City Council approval of the resolution approving a Special Use Permit request of Nancy Sue Krieger to operate an in- home beauty salon located at 16430 Narcissus Street NW, (PIN 17-32-24-11-0007), legally described as Lot 10, Block 4, Timber Meadows Second Addition, as amended. Motion carried on a 7-ayes, O-nays, O-absent vote. Mr. Hinzman stated that Council would consider the matter at the August 3, 1999 Council Meeting. PUBLIC HEARING: SPECIAL USE PERMIT (SUP 99-09) - LAND RECLAMATION PERMIT TO STOCKPILE 10,000 CUBIC YARDS OF TOP SOIL - 298916TH LANE NW - RICHARD JOHNSON. Mr. Hinzman stated that this request had been withdrawn, pursuant to the request of the applicant. He stated that should the item come before the Commission for consideration in the future, staff will re-notify. Chairperson Squires requested that the next two items on the agenda be considered in combination. PUBLIC HEARING: COMPREHENSIVE PLAN AMENDMENT (CPA 99-01) - CHANGE LAND USE DESGINATION FROM COMMERCIAL TO RU, RESIDENTIAL Regular Andover Plan~)g and Zoning Commission Meeting U Minutes - July 13, 1999 Page 5 \ ) URBAN SINGLE FAMILY -13305 CROOKED LAKE BOULEVARD NW - DENNIS STEINLICHT. PUBLIC HEARING: REZONING (REZ 99-01) - REZONE PROPERTY FROM NB, NEIGHBORHOOD BUSINESS TO R-4, SINGLE FAMILY URBAN -13305 CROOKED LAKE BOULEVARD NW - DENNIS STEINLICHT. Mr. Hinzman stated the Planning and Zoning Commission is requested to review an amendment to the Comprehensive Plan to change the land use district designation from C, Commercial to RU, Residential Urban Single Family on 13305 Crooked Lake Boulevard, NW for Dennis Steinlicht. Mr. Hinzman stated the proposed site is approximately 33,000 square feet and contains a building currently being occupied as a single-family residential structure. He stated that the building was constructed in 1940 and operated as Grown Town Tavern until the 1970's. He noted that several unsuccessful businesses have operated from the location since that time. He stated that the property was surrounded by low-density single family homes. '\ ) Mr. Hinzman stated that staff recommended approval of the amendment subject to approval of the Metropolitan Council, and that the lawn area be established pursuant to Ordinance Ill. He referred to the site plan, explaining that the subject property was currently under construction, and the parking area will be removed during that process. He stated that the applicant would be required to sod that area of the property. Mr. Hinzman requested that, in conjunction with the Comprehensive Plan amendment, the Planning and Zoning Commission review a request to rezone the subject property from NB, Neighborhood Business, to R-4, Single Family Urban. He stated that this rezoning conforms with the land use classification of the property. Mr. Hinzman stated that staff recommended approval of the rezoning, subject to the approval of the comprehensive plan amendment. The applicant was present. Motion by Jovanovich, seconded by Apel, to open the public hearing. Motion carried on a 7- ayes, O-nays, O-absent vote. Dennis Steinlicht, the applicant, stated that the parking area of his property was under construction along Crooked Lake Boulevard, and that he would like to maintain the five foot driveway opening at that street curb. '\ Mr. Hinzman stated that he would research the matter, but believed that the maximum allowable width of a driveway was 30 feet. He stated that two entrances had been approved for the property, and this would be a secondary access. He stated that the primary access was '\ " Regular Andover Plant} and Zoning Commission Meeting 0 Minutes - July 13, 1999 Page 6 '1 '.. / located on the north side of the property at 133'd Lane, and a permit had been issued for that entrance. Commissioner Hedin inquired regarding the effect of the proposed rezoning on the Comprehensive Plan. Mr. Hinzman stated that the only effect is that the designation of the property in the current plan is for commercial uses. He explained that the policies in the Comprehensive Plan indicate commercial areas on thoroughfares and busy intersections, and in light of that, a residential designation for the subject property is probably preferable. Chairperson Squires asked what the Comprehensive Plan Task Force recommended for the property. Commissioner Apel stated that given the longstanding history of the property's present use, they had decided to leave it as it was. Mr. Hinzman added that if the area were subjected to a land use change designation, it would not meet the criteria for a Commercial District. Commissioner Daninger asked when the applicant intended to sod the parking area. Mr. Steinlicht stated that he would attempt to sod by the end of the month. Mr. Hinzman noted that the arca is currently under construction, but that it would require sod, as it was an urban lot. ) Motion by Daltlien, scconded by Jovanovich, to close the public hearing. Motion carried on a 7-ayes, O-nays, O-absent votc. / '. Motion by Falk, seconded by Ape! to recommend approval of a resolution amending the Comprehensive Land Use Plan of the City of Andover to change the land use district designation from C, Commercial to RU, Residential Urban Single Family for Dennis Steinlicht at 13305 Crooked Lake Boulevard NW (PIN 33-32-24-43-0049). Motion carried on a 7-ayes, O-nays, O-absent vote. Motion by Falk, seconded by Dahlien to recommend approval of an ordinance amending Ordinance No.8, Section 6.03, Zoning District Map of the City of Andover. Motion carried on a 7-ayes, O-nays, O-absent vote. Mr. Hinzman stated that both of these recommendations would be forwarded to the Council at the August 3, 1999 Council Meeting. VARIANCE (VAR 99-07) - VARIANCE TO ORDINANCE NO. 10, SECTION 9.60A3 AND 3.02 - TO ALLOW THE CONSTRUCTION OF A PRINCIPAL STRUCTURE ON A LOT WITH LESS THAN THE MINIMUM BUILDABILITY REQUIREMENTS -17539 FLINTWOOD STREET NW - RALPH PEARSON. , i / ( ') ( ) Regular Andover Plann...g and Zoning Commission Meeting '-...- Minutes - July 13, 1999 Page 7 ': '-. / Mr. Hinzman stated that the Planning and Zoning Commission is requested to review the request of Ralph Pearson at 17539 Flintwood Street NW to vary from the following provisions of Ordinance 10, Section 9.06A3, Minimum Lot Size and Buildability Requirements. He stated that this is a vacant lot, 9Y2 tolO acres in size, and has been a lot of record for approximately twenty years. He stated that the issues have been with buildability. Mr. Hinzman stated that the subject lot was denied a variance in 1993 due to the minimum buildability requirements. He stated that since that time minimum buildability standards have been reduced from 39,000 square feet to 22,500 square feet, with two 5,000 square foot areas for primary and secondary septic drainfields, a total requirement of 32,500 square feet. Mr. Hinzman referred to the site plan, and commented on the three components of the variance request. One component is the variance of approximately 2,850 square feet from the minimum requirement of 22,500 square feet of contiguous buildable land to allow for the encroachment of a septic drainfield. Mr. Hinzman stated that septic tests were performed which indicated that the drainfield of the primary septic system would encroach upon the building pad area. He stated that the Building Official had determined that this was the only place it could be located. He stated that the options to the septic requirements are very limited, and staff recommends approval because of the hardship presented by this. , I / Mr. Hinzman stated the second component is the variance of approximately 3,000 square feet from the minimmn requirement of 22,500 square feet of contiguous buildable land along the east of the building pad to minimize the slope and potential impact to protected DNR Wetland 695W. He stated that the applicant was attempting to minimize the amount of fill on the back side of the property. He stated that he had spoken with the DNR, City Engineer and the Building Official and determined that this could be met with two to three feet of additional fill. Staff determined that no hardship exists in this case. Mr. Hinzman stated that the third component, provides for variance of approximately 1.4 feet (4.6 feet total) from the 6 foot minimum elevation for height of the building pad above the seasonal high water mark. He stated that there were some trees on site, located adjacent to the wetland, but the majority of the pad itself is not treed. He stated that in staffs opinion, this does not meet the hardship criteria for the Ordinance requirements. Mr. Hinzman stated that the subject lot was denied a variance in 1993, due to the buildability requirements. He stated that, since that time, minimum buildability standards have been reduced and with present ordinance requirements, there is sufficient buildable area. The applicant was present. \ Ralph Pearson, the applicant, presented the Commission with an amended Certificate of Survey to reflect what Mr. Hinzman's report indicated. He stated that the only issue he had , / Regular Andover Plan~t~ and Zoning Commission Meeting 0 Minutes - July 13, 1999 Page 8 . ': "-- ---' with the recommendation of staff was that there were some trees located on the property which might be jeopardized by additional fill. He stated that he did not object to the recommendation. Commissioner Apel requested clarification of the 4th paragraph of the resolution to indicate "WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the following variances:. and to include the three variances as contained in the Staff Report, indicating the approval of the first, and the denial of the second and third. He requested that Item I, Page 2, of the Resolution omit the phrase "of the addition" and requested the omission ofItem 2. Motion Squires/Jovanovich to recommend approval of a Resolution granting the Variance request of Ralph Pearson at 17539 Flintwood Street NW to deviate approximately 2,850 square feet from the minimum buildability requirement of 22,500 square feet for Non MUSA lots pursuant to Ordinance No. 10, Section 9.0683 (pIN 01-32-24-42-0003) and denial of second and third variances, as amended. Motion carried on a 7-ayes, O-nays, O-absent vote. Mr. Hinzman noted the ordinance requirement that the reason for denial of a variance be reflected. '. Chairperson Squires stated that there was a reasonable use of the property because the / property owner can meet the requirements of the Ordinance by bringing in fill and adjusting the location of the building pad and, therefore, no hardship exists. He stated that sufficient hardship was found in regard to the limited site and nature of soils for the septic system primary and secondary locations. OTHER BUSINESS. Mr. Hinzman updated the Planning Commission regarding recent Council action. He noted that the Council denied a variance request to allow for an accessory building, citing lack of hardship, and Council requested the matter be brought back before the Planning and Zoning Commission for their discussion and recommendations in regard to the setback requirements. He stated that there was approval of a Preliminary Plat, and review of a sketch plan for the Sunridge development, with the indication that the applicant would go forward with that project. He noted that there was approval of an amended SUP for the Prairie Oak Church expansion, and approval of an ordinance for the park. Mr. Hinzman stated that the special meeting of the Zoning Ordinance Task Force and the City Council had been rescheduled for August 12, 1999, and provided a brief overview of the agenda items for the next Planning and Zoning Commission meeting. There was no other business to come before the Andover Planning and Zoning Commission. I:) Regular Andover Planning and Zoning Commission Meeting Minutes - July 13, 1999 Page 9 C) - '\ '- -" ADJOURNMENT. Motion by Apel, seconded by Jovanovich, to adjourn. Motion carried on a 7-ayes, O-nays, 0- absent vote. The meeting adjourned at 7:47 p.m. Respectfully submitted, Trish Pearson, Recording Secretary TimeSaver Off Site Secretarial, Inc. , , ./ -, I