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HomeMy WebLinkAboutJuly 11, 1995 o ~~IA~~ '-./'1--,[ 016/45 o CITY of ANDOVER PLANNING AND ZONING COMMISSION MEETING - JULY 11, 1995 MINUTES The Regular Bi-Monthly Meeting of the. Andover Planning and Zoning Commission was called to order by Acting Chairperson Randy Peek on July 11, 1995, 7:00 p.m. at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. \' Commissioners present: Maynard Apel, Bev Jovanovich, Jeffrey Luedtke, Jerry Putnam Catherine Doucette, Jay Squires City Planning Director, David Carlberg Others Commissioner absent: Also present: APPROVAL OF MINUTES o June 27, 1995: Page 2, 1st paragraph, 3rd line: Mr. Carlberg clarified that NB is a commercial zone. Page 3, reference comments by Tracey Jewett: Mr. Carlberg clarified that there are only two liquor stores in Andover. Page 3, 3rd paragraph, reference comments by Mr. Wojitowicz on the use of TIF funds: Mr. Carlberg clarified that TIF funds are not being used for development on this property. Page 8, last paragraph, change, "garage entrance is coming off Aztec..." to "garage entrance is coming off South Enchanted Drive..." MOTION by Jovanovich, Seconded by Luedtke, to approve the Minutes as corrected. Motion carried on a 4-Yes, 1-present (Ape1) ,\. 2-Absent (Doucette, Squires) vote. PUBLIC HEARING: AMEND ORDINANCE NO.8, SECTION 7.03, SPECIAL USES - IMPOUND LOTS IN AN I, INDUSTRIAL DISTRICT 7:04 p.m. Mr. Carlberg reviewed the history regarding the use of impound lots in the City. In 1993 the Planning Commission had recommended they be allowed; however, the City Council denied their use. Andover has since received a favorable court ruling to have an impounding business removed from the City. The impounding business appealed' the court's decision to the City Council, which in turn asked the Planning Commission to again review the ordinance regulations regarding that use. MOTION by Apel, Seconded by Jovanovich, to open the public hearing. ~ Motion carried on a 5-Yes, 2-Absent (Doucette, Squires) vote. 7:06 p.m.. Bob Lund, Lund's Towinq, 13929 Ouinn Street NW - is requesting the ordinance be changed to allow him to continue operating his impound lot in Andover. He felt the City can use a towing company and impound lot. He provides a service to the residents in Andover. He has beep fighting o f '\ U ,. o Regular Planning and Zoning Commission Meeting Minutes - July 11, 1995 Page 2 (Public Hearing: Amend Ordinance 8, Sec. 7.03, Impound Lots, Cont.) for the impound lot for three years. People do not want to sit in a car for hours to have a tow truck corne from outside the City when there could be one available from within the City in 10 to 15 minutes. He has four tow trucks, plus he is able to do some repair in St. Francis. Also, many people don't want a wrecked car sitting outside their house. In an accident, they take care of the personal property so people don't have to worry about it until they are home from the hospital. They have spent a lot of money to stay in the City, and there have been few complaints, though he related an incident of a complaint that he was running the business out of his house. That incident involved driving his flatbed home with a class car to deliver in Delano the next morning. Mr. Lund stated he does not run the business out of his house. They dispatch the closest of the four trucks to an accident for the best response time. He does not have an office in his home, but he does transfer the business phone number to his home for the late-night calls. The City has told him he couldn't do that, though he didn't see a problem with that. (J Commissioner Apel stated this was discussed thoroughly three years ago. Other cities have them, and there is a need for one in Andover. Mr. Carlberg stated the complaints are not the issue this evening. The Staff is working with Mr. Lund on the complaints that he is dispatching tow trucks from his residential property. The issue this evening is whether impound lots should be allowed in the Industrial District by Special Use Permit. MOTION by Apel, Seconded by Luedtker to close the public hearing. Motion carried on a 5-Yes, 2-Absent (Doucette, Squires) vote. 7:13 p.m. Commissioner Apel stated he has not changed his position on this matter. Since the City has taken on the attitude of tagging vehicles that are not licensed, he felt the City has a duty to make the towing of those cars as convenient as possible. He still feels the use does not conflict with the automobile activities already in the City. Acting Chairperson Peek asked if the conditions on a Special Use Permit can be handled on a case-by-case basis. Mr. Carlberg explained some uses such as beauty shops and barber shops have conditions listed in the ordinance. Others have conditions added on a case-by-case basis. Commissioner Doucette phoned him with the concern of the conditions that should be added to a Special Use Permit for impound lots; and she particularly liked the idea of containing everything within a structure. Certain parameters can be set up in the ordinance, or a separate ordinance written to include screening, fencing, hours of operation, licensing, etc. Commissioner Apel felt the conditions are not the issue at this time. First the decision must be made as to whether or not impound lots will be allowed in the City. C) Commissioner Jovanovich asked why this would be discussed again if the City received a favorable ruling from the court. Mr. Carlberg explained the City Council, at the request of Mr. Lund, directed the Commission to review the issue further. Commissioner Apel noted three of the () () (J Regular Planning and Zoning Commission Meeting Minutes - July 11, 1995 Page 3 (Public Hearing: Amend Ordinance 8, Sec. 7.03, Impound Lots, Cont.) Councilmembers are interested in reviewing it again. The court did not comment on whether it is a good or bad idea to have an impound lot in the City. It simply said the City has the authority to omit them. Acting Chairperson Peek did not feel the conditions of a Permit could be considered until there is an actual request. One consideration may be to limit the number of Special Use Permits that would be given for impound lots in the City, similar to the limiting of licenses for garbage haulers or pawn brokers. Commissioner Apel agreed that conditions are not listed for most other uses, and that it would be difficult to guess what those conditions should be until there is a request. He again stated he believed this use is something the City should have, and many of the people he has talked to feel the same way. Also, there was no opposition at the public hearing. MOTION by Putnam, Seconded by Apel, that we send to the City Council for approval the ordinance amendment to Ordinance No.8, Section 7.03 to include vehicle impound lots as prepared by Staff. There was a public hearing and there was no opposition, and one person spoke in favor. Motion carried on a 4-Yes, l-No (Jovanovich), 2-Absent (Doucette, Squires) vote. This will be on the August lr 1995, City Council agenda. 7:26 p.m. (J ,. DISCUSSION - AMEND ORDINANCE NO.8, SECTION 3.02 - THERAPEUTIC MASSAGE IN COMMERCIAL DISTRICTS Mr. Carlberg explained the City Council referred the item back to the Commission for further review, as there were concerns with allowing therapeutic massage as a home occupation. The direction was to consider allowing it only in commercial areas. Staff has proposed an amendment to that effect by including a definition of therapeutic massage under retail trade and services as well as a definition for therapeutic massage establishments. The use would be permitted in commercial districts and by Special Use Permit in the Industrial District. It would not be allowed in residential districts either as a home occupation nor could a therapist to go a home to conduct therapeutic massage. Commissioner Apel stated if the impetus of the original request was to establish therapeutic massage as a home occupation, this defeats that purpose. Mr. Carlberg stated the original request was for a home occupation. Commissioner Apel recalled in the initial discussion, most felt that it was a good idea to allow people to get what they need when they need it, including the use as a home occupation and on-site at the home of people who want the service. He has not changed his position and felt it is foolish not to allow them in the residential districts or to prevent ") them from practicing in people's homes. It is a holistic program. If the '- Council is adamant about not having it in residential areas, the Commission cannot change that and can only recommend the use in commercial areas as requested. Commissioner Putnam likened the house calls of a therapist to those of carpet cleaners and others who go into the homes for a particular use. (J () C) Regular Planning and Zoning Commission Meeting Minutes - July 11, 1995 Page 4 , ) (Discuss Amendment/Ordinance 8, Sec. 3.02, Therapeutic Massage, Cont.) Cara Geist, 13464 Jonquil - stated she started out wanting permission to conduct therapeutic massage in her home. She has since set up practice with a chiropractor in Coon Rapids. She was quite surprised when the City Council took the position they did. The ordinance was one of the best she had seen. with all of the regulations, there was still the element if whether it is really wanted in the City. Instead of seeing it objectively as therapy and holistic medicine, there was an element of fear that someone will bring prostitution into the City. .Under the ordinance, what prostitute would pay thousands of dollars and spend the hours it takes to become certified and licensed? Plus there are the inspections and high fees if found in violation. She didn't know how the ordinance could be tightened up without being totally unfair. It is now to the point of having to fight for the legitimacy and dignity of the profession. She does not agree with allowing the use only in the commercial district. The use can be done beautifully in the home setting. Plymouth has an ordinance on adult entertainment, and the reason for this ordinance was so the profession would not degenerate to that type of business. St. Paul also protects them. She felt it is hypocritical to say yes to its legitimacy but keep it to a specific area. She is also a home care nurse and goes to facilities and the homes of people. She didn't see how that is any different. Ms. Geist stated she personally has given up on the idea of a home practice for various reasons; however, she felt that it should be allowed as a home occupation for those who want to practice in their homes. r " Gloria Phillips, 14235 Raven Street stated she just found out yesterday that she would not be able to set up a practice in her home. This really places a hardship on her. She has taken many hours of schooling, has two children and a disabled husband, and does not want to start a commercial business. It is disappointing because it is. something she worked hard for, trying to support her family. It is disheartening to be clumped with some element that someone might fear based on ignorance of what therapeutic massage is. She works with people who have MS and AIDS and trains people with disabilities. It is a health issue. She would like to be able to go into a home of an Andover resident who needs the service and give them therapeutic massage. She would not like to think that if one of her children needed the service, she could not have it done at her home because of the ordinance. It is disconcerting that Andover would not allow that service in the homes of people who need it. As proposed, it is very limiting to her. She is not going to be able to practice at all because she doesn't have the funds to open her own store front. She has worked hard for her training, many sacrifices were made by her family, and she has an excellent reputation. She can provide a wonderful service to many people; and this is frustrating because she knows there are good ordinances that can regulate this. , " I \ J Commissioner Luedtke indicated he was hurt several years ago, and it was difficult to get therapy. If someone could have come to his house, it would have been great. He saw a need for this service and felt the ordinance provides the regulations and guidelines needed to control it. Commissioner Apel felt it is a political question based on whether ,. () ~) , ~ , , Regular Planning and zoning Commission Meeting Minutes - July 11, 1995 Page 5 ,. (Discuss Ordinance 109, Therapeutic Massage, Continued) therapeutic massage is good or bad -- a question of fear and personal opinion of what mayor may not happen. Acting Chairperson Peek stated this has been to the Council twice, and each time the Commission has suggested that it is appropriate as a home based service and as an out- source to offer the service in the user's individual home. However, he agreed with Commissioner Apel, that it is moot to pursue that recommendation regardless of the reason. The issue is the attitude of the Council that therapeutic massage may be allowed somewhere, such as presented by Staff. Perhaps this is a starting point. He recommended the item be forwarded to the Council without recommendation for approval or denial, since the Commission's position has been made clear. Commissioner Putnam stated it is a little disheartening that the Council can't see enough to allow the out-reach program for therapists to go into the homes of those who can't come to the office. Possibly that will happen in time, though he would like to see that allowed now. Commissioner Jovanovich stated unless a person is personally touched by someone who needs therapy and the convenience it is to have that service provided in the home, it is difficult to understand the need. Her grandson is disabled and someone does come to the home for therapy and massage. She would not have supported this before personally 1 experiencing what a blessing it has been to her family to have someone 'J come to the home. MOTION by Putnam, Seconded by Luedtke, to send it to the City Council as prepared by Staff. Motion carried on a 5-Yes, 2-Absent (Doucette, Squires) vote. This will be on the August 1, 1995, City Council agenda. 7:26 p.m. \10 DISCUSSION - ORDINANCE -H)Z; AN ORDINANCE REGULATING THERAPEUTIC MASSAGE IN COMMERCIAL DISTRICTS Mr. Carlberg noted the reference to therapeutic massage establishments and practice within residential districts has been eliminated from the proposed ordinance. MOTION by Putnam, Seconded by Jovanovich, to send to the City cou~cil the ordinance regulating therapeutic massage, Ordinance NQ. 4&9- I~s prepared by Staff for their review. Motion carried on a 5-Yes, 2-Absent (Doucette, Squires) vote. This will be on the August 1, 1995, City Council agenda. 7:26 p.m. Acting Chairperson Peek adjourned the meeting at 7:55 p.m. ( .'\ '_.J ReSP~~&~l ~,a A. Peach, Recording Secretary