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HomeMy WebLinkAboutFebruary 8, 1994 o o ~d>lg~ '-J C}\ CITY of ANDOVER PLANNING AND ZONING COMMISSION MEETING - FEBRUARY 8, 1994 MINUTES The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Jay Squires on February 8, 1994, 7:03 p.m. at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Maynard Apel, Bonnie Dehn, Becky Pease (arrived at 7:08 p.m.) Randy Peek, Jerry Putnam (arrived at 7:27 p.m.) Bev Jovanovich City Planner, David Carlberg Others Commissioner absent: Also present: APPROVAL OF MINUTES January 25, 1994: Page 5, Other Business, Motion by Apelr change "Section 8.03B" to "Section 8.03" , " MO'l'ION by Peek, Seconded by Apel, approval as amended. Motion carried '-_/ on a 4-Yes, (Squires, Apel, Dehn, Peek), 3-Absent (Jovanovich, Pease, Putnam) vote. SKETCH PLAN: LANGFELD ADDITION, SECTION 15 - WILLIS LANGFELD Mr. Carlberg asked that the item be removed from the Agenda per the request of Mr. Langfeld. The Commission agreed. SKETCH PLAN: SECTION 7 - JED LARSON Mr. Carlberg reviewed the proposed sketch plan as requested by Jed and Peggy Larson. The proposal consists of five lots and is located in the R-l Rural Single Family zoning District. (Commissioner Pease arrived at this time; 7:08 p.m.) l1r. Carlberg explained the Andover Review Committee is recommending the cul-de-sac to the north be eliminated and the street constructed to the west property line to allow for future development of the adjacent property and to eliminate a long dead-end street, which is a concern of the Fire and Sheriff's Departments. He noted 166th Avenue has not been dedicated to the City, so the length of the cul-de-sac is measured from CoRd 58 and exceeds the 500-foot requirement. :J The Commission argued this had been discussed in considerable depth by the City Councilr and the suggestion to the property owner was to plat the property with a cul-de-sac. So why is the Review Committee suggesting something different? Mr. Carlberg stated the Committee also \ ,-_J ) \ .-../ \ I / Andover Planning and Zoning Commission Meeting Minutes - February 8, 1994 Page 2 (Sketch Plan: Section 7 - Jed Larson, Continued) looks to providing access to adjacent properties for future development. Also, for public safety purposes, it is not in the City's best interest to have long dead-end cul-de-sacs. There are a few wetlands on the property to the west, but the proposed 166th Lane could be extended to the west with development in a large portion of that parcel. Commissioner Apel and Dehn disagreed with the Committee recommendation because the Larson's have been before the Commission and the Council a number of times on this issue. Mr. Larson came up with a reasonable solution. If the cul-de-sac is measured from 166th Avenue, it meets the length requirements. They also noted there are many roads in the City that dead end on adjacent property lines which have not been or probably never will be developed. ':~) Mr. Larson - stated his sketch plan is what the Assistant City Engineer told him to do last summer, and the only difference is he added one lot. At that time Mr. Hass said the length of the cul-de-sac would be measured from 166th Avenue, and a variance would not be needed. The City's plan takes away one lot and increases the cost of the road. Plus the landowner to the west has told him the land is in Ag Preserve. Mr. Carlberg stated he would check on thatr but that particular parcel is not shown as being in Ag Preserve. There is an eight-year process to decertify Ag Preserve property. The Committee did not have as much of a problem with the right-angle street of Eldorado to 166th Lane as it did for a long cul-de-sac. Chairperson Squire questioned if the square footage requirements for Lots 1 and 2 would be met under the Committee's scenario. It is a small enough parcel that it will not create real havoc on development. Given the history and the impact of the revised plan, he would be in favor of the original plan as submitted with the cul-de-sac. Commissioner Peek stated if the land to the west is developable, he would support the revised sketch with the 166th Lane access. If it is not developable, he would support the developer's sketch plan. The term "developable" is whether or not the property is in Ag Preserve. Commissioner Pease agreed. (Commissioner Putnam arrived at this time; 7:27 p.m.) Mr. Carlberg noted this will be reviewed by the City Council at its February 15, 1994, meeting. PUBLIC HEARING: SPECIAL USE PERMIT - STEPS OF SUCCESS HOMES, FOSTER GROUP HOME - 16676 VALLEY DRIVE NW ) 7:30 p.m. Mr. Carlberg reviewed the Special Use Permit Steps of Success Homes (Dayton and Kim Jahn) to operate a home for 10 to 14 girls ages 12 to 18 years old at 16676 NW. He noted the applicable ordinances and the criteria Special Use Permits. Staff has found the use would detrimental effect to the occupants of surrounding lands. requested by group foster Valley Drive for granting not have a In fact, the \ ,_/ , , 'J Andover Planning and Zoning Commission Meeting Minutes - February 8, 1994 j Page 3 (Public Hearing: SUP, Steps of Success Homes, Continued) use would provide a service to the City and Anoka County. Steps of Success Homes has been operating at 4100 160th Lane NW for a number of years prior to receiving a Special Use Permit from the City in 1991, and is wanting to move to a new location. No complaints have been received regarding the operation and parking facilities. The Anoka County Assessor has indicated a group foster home should not depreciate adjacent property values unless the home becomes dilapidated; and the use is consistent with the Comprehensive Plan. Staff did not receive objections to the use upon the mailing of the public hearing to those residents within 350 feet of the property. Mr. Carlberg stated the City may start revocation procedures on the Permit at 4100 160th Lane NW, or the Permit becomes null and void if nothing is done for 12 months. He did not know the status of the Special Use Permit that was granted for a similar home for boys on Round Lake Boulevard, noting he will check into that. The Commission expressed concern about the condition of CoRd 58, as it is very narrow and hazardous. Mr. Carlberg stated he did not contact the county and did not know if there are plans to upgrade that road. \ Kim Jahn, 4100 160th Lane NW, owner and operator of Steps of Success Homes - explained they must obtain a State license every year and are inspected annually. Everyone employed has to have a BCA check annually. They have been doing this for 12 years and have another group home in Grand Rapidsr MN, of eight girls run by her sister and husband. She and her husband live on site with their two children, ages 11 and 8; and they do not have rotating staff. It is a five-step behavior modification program to help the girls with their problems. The residents are evaluated each month and scored on meeting certain criteria such as dependability, courtesy, self-control, respect, good relationships, respectful of authority, achievement in school. The girls are from 12 to 17 years old and are truants, from abusive homes, runaways, shop lifters, neglected, etc. The goal is to get the girls back home if their home is a safe and healthy place to be, or with relatives or into foster homes in their community. The girls are allowed home visit weekends each month and day passes when parents pick them up and take them for some activity. They have a real structured program and are taught independent living skills; some have jobs in the community. / ) Ms. Jahn explained before they accept any resident, they do a thorough screening process of reviewing reports and interviewing the girls and their parents. Her children live in the house also, so she makes sure it is safe for them. The average length of stay is nine months to one year, though three girls have been with them for four years because of their family situations. They are moving from a house of 2,800 square feet to 4,300 square feet. There is a real need for this type of facility, and they have a waiting list. They have never had a complaint. She is well aware of the hazards of the road. Her children and residents were not allowed to walk on the road to Tom Thumb, only in the ditch. At this location, because there is no ditch, they simply will not be allowed on CoRd 58 because it is not safe. ( ) '-) Andover Planning and Zoning Commission Meeting Minutes - February 8, 1994 Page 4 / (Public Hearing: SUP, Steps of Success Homes, Continued) Ms. Jahn went on that all residents have to remain in the mainstream school at Anoka Senior High or Sandburg Middle School. During the summer they go camping, go to Lake George, the wave pool, and other activities families do. The residents are supervised 24 hours a day. She did not recall ever being called to the school that involved any of their residents. She read several letters from an Anoka Senior High counselor, from a licensed psychologist who works with their residents, social workers, probationary officers, etc., which indicated there have been no problems with their residents. Those letters were given to the Commission to be entered into the record. Ms. Jahn noted the rooms on the various levels of the new house stating the State requires a minimum of 60 square feet per resident. This house will meet the code. The City Fire Marshal has inspected the home. Traffic to the site includes the one staff member, plus the psychologist who comes once a week. Within a few days after a new resident is placed and then quarterly, there is a meeting with the parents and social worker or probation officer. There is not a lot of traffic going in and out, maybe four cars at one time. The home has a three-car garage, plus a road that goes along side the house to an outbuilding in the back. I / Ms. Jahn stated the girls cannot be left unattended. Whenever they are taken into the community, a Staff member must be with them. The only time they can be left unattended in the community is when they reach level 5 and have shown stability and responsibility. However, most of the girls are returned back home at that point. None of the girls will have automobiles. They have never had anyone run from the home. If they run away, it is usually from school or on a home visit, and that occurs rarely. When that happens, the Andover police must come to the house to make a report; and they have only been out once or twice a year. They have a security system on the windows and doors. In the 12 years they have had residents, they have asked only two girls to be removed from the home because of incidents at school. If a girl is unwilling to cooperate, show respect or maintain herself in the mainstream school, then this is not the home for them. That is why they screen every girl. MOTION by Pease, Seconded by Dehn, to open the public hearing. Motion carried on a 6-Yes, I-Absent (Jovanovich) vote. 7:58 p.m. Beckv Voss, 16630 Valley Drive NW - lives adjacent to the proposed site. She talked with neighbors in the area, and they do not want this facility. She thinks it will devalue her home and that she will have problems, since she already has had problems in the past with renters behind her letting her dog out during the day. She didn't think there will be enough people supervising the girls. Ms. Voss adamantly expressed opposition to the proposal stating she came to the area for the peace, quiet and the serenity of the rural setting. She presented a petition to the Commission of residents opposed to the group home at that location. The septic system is designed to handle only four bedrooms, and she felt that will have to be increased. The road is a dangerous road, and she didn't think the property could support that many people. , I () ,. " u ) Andover Planning and Zoning Commission Meeting Minutes - February 8, 1994 Page 5 (Public Hearing: SUP, Steps of Success Homes, Continued) Dallas Feleqy, 16742 Valley Drive NW, livina iust north of the property in auestion - moved there in June because it was zoned single family residential. He spent a lot of money for the home and moved his family here because of the zoning. It is a beautiful place, and at one time he owned the lot Steps of Success plans wants to buy. He asked Ms. Jahn if they are a non-profit organization. Ms. Jahn - stated yes they are. ,~J Mr. Feleqy - discussed with the county highway people repairing CoRd 58 this summer the plans for upgrading the rest of the road. There are no plans in the immediate future for putting in walkways or bikeways, and he specifically asked that they do that for children to walk to catch the bus. There is virtually no shoulder there now. He also pointed out that the Staff report indicates Mr. Leone's comment that a group foster home should not depreciate adjacent property values. He says "should not" instead of "would not", which is nebulous language and does not give them a guarantee. He asked the Commissioners to consider whether this home would honestly not depreciate the value of their homes if it was next door to them. At the present location Staff noted they did not receive objections to the group foster home on the mailing of public hearing notices to those residents within 350 feet of the property. Obviously the people there are very happy with this home; but the people in the area they are proposing to locate are not happy. " ) Declan O'Brien, 3992 165th Avenue NW - just purchased and developed his property. His concern is the transportation problems, day passes, and lack of public transportation. He felt as neighbors they have a right to screen as well, and they choose not to have this use in their neighborhood. Carroll Feleqy, 16742 Valley Drive NW - stated they are living in high- buck houses. They lived in their other house for 19 years, then moved to this high-bucks neighborhood because they had saved for it for so long. She has done a lot of soul-searching on this; and if someone told her there was a group home next door when they looked at the home, she would not have bought it. In a high turn-over area with affordable homes, it would be easier to sell. But the more expensive homes in their neighborhood cannot be sold as easily. She felt everything she has worked for is on the line, and she has a real problem with this. Bud Holst, 4276 165th Avenue NW - has the same thoughts as the previous people. He challenged the one-sentence statement of Staff that the use would not have a detrimental effect on the surrounding occupants. The statement that the use would provide a service to the City was not expounded upon, questioning how the City is served at this point. It would provide a service to Anoka County, but he didn't see that it is their responsibility as neighbors to provide a service to either the City or the county in this type of operation. He didn't mean to imply anything derogatory about the operators of the business or the girls who are there, as that facility is needed. But he argued there is zoning (J , ) '-J , ~-) Andover Planning and Zoning Commission Meeting Minutes - February 8, 1994 Page 6 (Public Hearing: SUP, Steps of Success Homes, Continued) for that type of facility. He pointed out one of the requirements is to meet a Class 10 food establishment and a Class 3 lodging establishment, and any other business that meets those requirements has to be zoned for hotel or restaurant. Mr. Holst agreed that traffic is of supreme concern. Fourteen adolescent girls with some type of disfunction in their current family situation have been known to attract 13 to 14 adolescent boys with cars in similar situations. He thought the traffic consideration alone would be something to disqualify this request. Finally, the Staff report says they did not receive objections upon mailing the public hearing notices. It doesn't specify whether it is 350 feet of the old property or the new. One of the things that should be part of the public record is what the neighbors at the old location have to say. The 350 feet may be the ordinance, but it seems too short of a distance. This is basically a half-way house. A friend of his built a similar building in Blaine; and as the neighbors found out what it was, they began putting their houses up for sale. He didn't see Mr. Leone guaranteeing to purchase their properties at the pre-appraised value. <.J Mr. Carlberg indicated the Staff report includes a notice of the public hearing and the names of those within 350 feet of the new location who were notified, that distance required by State law. The report does not address the feelings of the people at the current site of 4100 160th Lane NW. , ) Marvin Christenson, 4065 165th - is not within 350 feet but does live in the neighborhood, and this concerns him a great deal. He went into considerable detail of his review of the Zoning Ordinance with regard to the definitions of the R-1 zone, permitted uses, family, and rest homes. He argued that group home does not fit the definition of a rest home nor that of a family because there will be more than five persons living in the house that are not related. It was his opinion the use more correctly falls under the boarding house and/or hotel Special Use Permit, neither of which are allowed in the R-1 zone. This is a home for 14 girls between 12 and 18 years old who may be visited on a recurring basis by 10 to 30 friends, male and female; 10 to 30 family members; federal, state and local government officials; maintenance and delivery persons; Steps of Success management personnel; and others. He couldn't imagine how the activities could be judged not to have a detrimental effect upon the occupants of the surrounding land. Those coming in and out will most likely use an automobile. Traffic conditions and parking facilities at their current location and absence of complaints regarding the parking facility do not apply to this new location because the circumstances specific to the new location are the factors to consider. Mr. Christenson stated the distance between homes on Valley Drive is less than one would expect in an R-1 zone. Space and parking is limited by woods and the absence of shoulders on Valley Drive. The county's assessor's view on the impact on adjacent property is probably correct from an assessor's point of view; however, from a homeowner's perspective, it is not relevant. The homeowner is interested in the impact on the selling price. He did not see any circumstances that would make this intended use suitable to that '- I . '.J , \ ) Andover Planning and Zoning Commission Meeting Minutes - February 8, 1994 Page 7 (Public Hearing: SUP, Steps of Success Homes, Continued) location. The request for the Special Use Permit should be denied so the residential atmosphere of the R-1 zone will be upheld because the occupants will not be family as defined in Ordinance 8 and the City has not adopted an ordinance defining and governing group foster homes. Mr. Christenson submitted his notes to the Commission to be entered into the official record. Ray French, 16532 Valley Drive NW, Lot 4 - doesn't object to having a home for girls and Ms. Jahn has his respect, but this is not the neighborhood for it. They all moved there to have peace and quiet, and they deserve it. To the west of them is a multi-family dwelling with teenagers. Several times a year they have unsupervised illegal parties that go on until 3 a.m. There are times he can't sleep at night because of the loud music, racing cars on the dirt, etc. Another objection is the road is not good for any foot traffic whatsoever. Because of the large amount of wetland on the property, it will not handle the septic system for up to 20 people. He noted the petition speaks for all of them in the neighborhood as something that is not good for them. , ) Dan Voss, 16630 Valley Drive NW - looked at over 200 different lots in Andover and the surrounding cities before he found his lot, then took seven months off from his own business to build his house. They moved out here because they didn't like to have neighbors very close to them, for a more rural setting and for the quiet. They gave up the quiet with the construction of the Fire Station, which he understands is good for the whole City. He doesn't want to take anything away from the home itself, but they are looking to protect the reasons they moved to the rural area. If they wanted to live next door to 15 to 18 people, they would live next to town homes. , / Diane Smith, realtor for the past 13 years - sold the Jahn's their first home in 1988. She is now selling their home on 160th Lane and purchasing this one on Valley Drive. The house in 160th Lane was on the market for two weeks, and the property increased in value by $20,000. She has worked with a number of properties, and none of them have been in as nice a condition any time she walked into the present home every year for the last five years. That house is closer in proximity to its neighbors, it being 2.5 acres in size on a residential road, than the one on Valley Drive which is five acres. She recognized people move to the country for different reasons, but the reality is there is not one farmer who will sell his land as a farm. They will sell to a developer, and those in the rural areas will see more neighbors. There are many county roads in the same condition as this one. Taxes are paid to improve them but they cannot be improved fast enough because there are too many people moving to the country. This is the only group home in Andover, and she finds it sad that there is so much concern. There are so many children who need a home like this. She suggested the residents go through their program, as she would be proud to recommend it to anyone who needs it. There has to be someone like the Jahn's in the community who would do this. They have looked at many houses, and this is the only one that would accommodate the girls in a life style that the Jahn's would like to have for the girls and for themselves. ~ ) , I '-J Andover Planning and Zoning Commission Meeting Minutes - February 8, 1994 ) Page 8 (Public Hearing: SUP, Steps of Success Homes, Continued) Bob Johnson, 4224 165th Avenue NW - stated if the City keeps changing the zones and keeps giving permits, it will no longer be the R-l zone. If a building is needed for this, go where it is zoned for it, not into a residential area. Robert Heliker, 16804 Vallev Drive NW - sold this property to start with. There is a lot of low land on that lot, expressing concern with the septic system. He doubted the septic system designed for five people will handle up to 14 people. Then the sewage will go into the low land which has a very rich wildlife. He did not want to see that happen. Mark Lew, 4075 165th Avenue NW - noted there was a group home for boys a block away from where he worked in Golden Valley. They did a lot of running around and chasing, and there were problems. Mr. Holst - asked what size is the septic system. At least one-third of the property is low where a drain field cannot be placed. Ms. Jahn - submitted plans to the County Health Department. They will have to inspect it and accommodations will be made to meet the standard J requirements. Mr. Carlberg stated a provision in the resolution requires the Building Official to do an inspection. It will have to meet the City, County and State codes. Any developable property needs at least 39,000 square feet to accommodate at least two or three additional locations for septic systems. The Building Department will do the inspection and approve it when it meeds code. . / Dale? - did the soil borings, perk tests and sewage system design for the specific lot in question. As best as he can recall, it was designed for a four-bedroom house which is a maximum of eight occupants with a 1250-gallon septic tank. Because of soil mottling and high water table, any additional increase to that sewage system would require some kind of lift station to pump to higher ground to a distribution system. Charlette O'Brien, 3992 165th Avenue NW - moved here October 1. Vandals came to the house and destroyed the electrical before they moved into this house. It took the police officer 40 minutes to come out. The Deputy stated Andover is a very high crime area with teenagers. There is only one police officer on the 11 p.m. to 7 a.m. shift. Bringing in additional kids brings in problems. Property values of her relatives decreased when a group home was built in the neighborhood. They moved out here to retire. She also noted that the papers giving good recommendations are meaningless, citing an incident of being fired shortly after being given a good recommendation by her superiors. There are 14 women, which brings thousands of dollars per child to the Jahn's. If there is one permit to do this, what keeps her from doing the same thing to be able to pay for her house in a very short time? Andover is considered the Edina of the North because of the beautiful surroundings and abundant wildlife; and that is what they are paying for. She is very opposed to this. ~) , \ ) Andover Planning and Zoning Commission Meeting Minutes - February 8, 1994 Page 9 , J (Public Hearing: SUP, Steps of Success Homes, Continued) Mr. Voss - asked if the property will be taxed as homestead or non- homestead, as he is not using his house as a business use. Commissioner Apel stated it would be taxed as residential because they are living in the house. Ms. Jahn - stated they pay more taxes. MOTION by Apel, Seconded by Pease, to close the public hearing. Motion carried on a 6-Yes, I-Absent (Jovanovich) vote. 8:38 p.m. Commissioner Peek noted Phyllis Lew called to express opposition to the proposal. Chairperson Dehn stated she received about five calls, all expressing opposition. Commissioner Pease stated she too received calls. The Commission recessed at this time, 8:40; reconvened at 8:47 p.m. , ~ Ms. Jahn - answered several questions raised by the Commissioners. She explained the State requirement is to have not more than four residents per room occupied at anyone time. In a multi-use room, it is 60 square feet per resident. They hired an architect to review the plan to meet fire codes and space. They are under the Department of Corrections licensed by the State. When the number of residents increase, the code requires, unless waived by the local Fire Marshal, some one must be awake in the home at all times. In this type of facility, a morn-pop operation without rotating staff, and because of the close proximity of the Fire Station, Andover's Fire Marshal did not see a problem with waiving that requirement. Visitors for the girls do not stay there. Family members pick them up and either take them home or out for some activity. The only time people would be there for an hour to an hour and a half is during staff meetings with the parents and the worker. There would be no friends or boyfriends there. They are very structured. She will not let a girl date unless she has parental approval. For liability purposes, the worker, place of employment and county sign to not hold her responsible while the girl is out on a date, the job, etc. She feels ultimately responsible for the decisions because they are someone else's children. There is no one who dates now. The traffic, the corning and going, is no more than average. \ ) Commissioner Apel was a party to the Special Use Permit process for 4100 l60th Lane, recalling they did not have the vociferous neighborhood opposition to the group home. There was opposition, but most questions where answered when they found that the home had been in operation for several years and they were unaware of it. He could not support the issuance of a Special Use Permit for this activity, feeling the City has to be more sensitive to the neighborhoods. Special Use Permits were largely designed to allow neighborhood input. This might be a nice location and the house a proper size, but all this is doing is allowing the Jahn's to increase the number of children they have. Commissioner Apel did not want to be a part to improving the Jahn's situation at the expense of lessening the way the neighbors enjoy their properties. He would support looking for another location in which to expand this use. " / \.J Andover Planning and Zoning Commission Meeting Minutes - February 8, 1994 Page 10 ) (Public Hearing: SUP, Steps of Success Homes, Continued) Ms. Jahn - stated it is to improve their family situation as well. She also noted that many of the names on the petition are not within 350 feet of the property. Commissioner Apel was opposed to limiting the area of notification, feeling all interested parties should be notified. Commissioner Peek noted the previous Permit occurred after the use was in operation for a period of time. Ms. Jahn - stated they have been in operation at that site since 1988, but they did have a letter from the City of Andover saying twelve girls were allowed at that time. Mr. Carlberg stated some of the residents didn't know the use existed at its current location until they received the public hearing notice for the Special Use Permit. That is a 2.5- acre site on a City street with no trees. This is a different atmosphere. Traffic, concerns about counseling and monitoring were issues at that time. Several residents were in favor because the Jahn's were in the neighborhood during the day to watch it. He talked to several Deputies in the last week, and they have not had a problem with the home; they have a very good reputation and Staff took that into consideration. If it becomes a problem, there is a procedure to revoke the Permit. Staff monitors the Permit annually. ,/ Commissioner Pease asked how the property values of the existing house and surrounding area have been affected by this use. Ms. Smith - stated there has been no decrease in property values either of the site itself or of surrounding properties. The property itself is probably in twice as good condition as when it was purchased in 1988 by the Jahn's. The septic system would have to be approved. In their current location, the Jahn's have the septic system pumped on a regular basis, every two months. Mr. Carlberg stated the Metropolitan Council is requiring the City to implement bi-annual inspections of all on-site septic systems by a certified inspector to be sure it is not failing. Commissioner Dehn asked about foot traffic along the road, as her major concern is the safety along the road. She was very concerned with the hazardous condition of the road and lack of shoulders on it. Ms. Jahn - stated she has two children, and they won't be able to walk or bike on CoRd 58. Nor will the residents. They do not allow it where they live now, and she will not allow it from this location. . / Commissioner Peek felt this is a totally appropriate use for this site. He was saddened by the attitude that if they spend a certain amount or have a higher-priced home that potentially they can segregate housing in the neighborhood. This is allowed by a Permit, and the mechanism to police the use and make sure it is appropriate is the neighbors can file complaints with the City if the use is not holding up their end of the bargain. He felt Steps of Success Homes has demonstrated it is a well- run situation. Conditions can be added to address parking, the septic system, etc. Traditionally these types of situations are located in residential areas because that is where they are the most successful. . \ \._.J <J Andover Planning and Zoning Commission Meeting Minutes - February 8, 1994 Page 11 / (Public Hearing: SUP, Steps of Success Homes, Continued) Commissioner Putnam agreed that the use is fitting for the area. A residential area is where the girls can see how families act and react and is the type of situation they need to be in. The home has obviously done a good job in the past, and he didn't see it being any different than if someone moved into the house who had 14 children of their own. The Jahn's have shown they can manage children and can do it very well. There are safeguards built in by the State and under the Special Use Permit that would oversee those conditions of the road, the septic system, etc. He is in favor of the request. Chairperson Squires agreed. He understood the concerns of the people who live in the neighborhood; but on the other hand, he thought it is somewhat stretching it, if not cruel, to think that these people who need some assistance should be stuck between a restaurant and an office building. This is a substitute home for them for a temporary period of time. There are some mechanisms through the Special Use Permit process for the City to monitor the operation to make sure that it is consistent with the residential environment. If it isn't, those problems will be addressed. He had no problem with it being consistent with this zone. It is a single family residence for these people who are living there not only as a family but for the girls who are there for a short period of time to get their lives back on track. ~_J Commissioner Pease received a couple phone calls about this and understood their concerns. But she is equally concerned about providing an atmosphere for children to change. This does meet the requirement of a rest home; these are children. They are children who need some support and help from the community. She felt the City has the mechanisms to monitor any problems they may have. There is an annual review, and they can be shut down at any time if there is a problem. The traffic isn't any different than for anyone else. The girls do not have cars, and they are very restricted and disciplined. She felt there is more discipline and supervision with these girls than for most other children because the program is to modify their behavior and help them to become productive adults. The septic system concerns will be taken care of by the Building Department. She was not sure that property values do go down, but it is more fear because it is under the control of the Department of Corrections. These are high-functioning girls. She can't, in good conscience, find a reason with all the safeguards to recommend denial. \ .. ) MOTION by Peek, Seconded by Pease, to recommend that the Andover Planning and Zoning Commission recommends to the City Council approval of the enclosed Resolution with the following changes: The fourth paragraph -- WHEREAS, the public hearing was held and there was considerable opposition regarding said request. Condi tion No. 3 changing the limit to no more than 14 adolescent girls. Condition No. 4, change to "The property shall be inspected by the City Fire Marshal and meet all applicable fire and life safety codes adopted by the City of Andover." Condition NO.5, "The property shall be inspected by the City Building Official and meet all applicable building and life safety '\ \J : ) ~~ Andover Planning and Zoning Commission Meeting Minutes - February 8, 1994 ) Page 12 (Public Hearing: SUP, Steps of Success Homes, Continued) codes adopted by the City of Andover." Add Condition NO.6, that on- site parking be limited to four cars at anyone time. Add Condition No. 7 that revocation of the Special Use Permit at 4100 l60th Lane NW be initiated. DISCUSSION: Commissioner Apel questioned Condition 6, asking what happens when there is a graduation party. Ms. Jahn - stated they personally own four cars. Commissioner Peek stated this would be exclusive of what is in the garage. VOTE ON MOTION: YES-Squires, Pease, ABSENT-Jovanovich. Motion carried. The Council on February 15, 1994. 9:16 p.m. Peek, Putnam; NO-Apel, Dehn; item will be heard by the City DISCUSSION - PAWNBROKERS AND SECOND-HAND GOODS DEALERS (PAWN SHOPS) ORDINANCE / Mr. Carlberg reported he contacted several communities plus the League of Minnesota Cities for ordinances on pawn shops and second-hand goods. In looking at other ordinances, Staff is recommending one ordinance to govern pawn shops, second-hand goods as well as precious metal dealers, and regulating them by Special Use Permit. Licenses would be required, possibly even limiting the number of licenses in the City. One of the reasons for regulating these uses is because of the problems with policing them. He asked for input as to which zoning district these uses should be allowed. Comments from the Commission were to be aware that firearms purchases and sales often occur in pawn shops; that there be a provision to allow for 2, 3, or 4 garage sales per year, any more could be classified as a second-hand goods dealer; and that the fees should be high enough to cover the City's costs of policing those uses. After discussing possible locations for these uses, the Commission generally felt it should be limited to the General Business zoning district only. It was felt the uses are not the "industrial type" which would be found in the Industrial District. They agreed that Ordinance No.8, Section 7.03, Special Uses be amended to include pawn shops, second-hand good dealerships and previous metal dealerships in the GB, General Business zoning district. They also asked Staff to research the possibility of limiting the number of licenses in the City for each use, plus the amount of license fees. Mr. Carlberg stated a public hearing will be scheduled for February 22, 1994. OTHER BUSINESS Mr. Carlberg reported the Metropolitan Council has given final approval J to allow for 235 acres of MUSA expansion in the City. The Transportation Study should be done by August, 1994. The City will not be allowed to request additional MUSA acreage until that plan is completed. \ \ .../ , I ---, , , ) Andover Planning and Zoning Commission Meeting Minutes - February 8, 1994 Page 13 (Other Business, Continued) Mr. Carlberg also updated the Commission on the actions of the Council on several items and the status of several projects. MOTION by Dehn, Seconded by Apel, to adjourn. Motion carried on a 6- Yes, 1-Absent (Jovanovich) vote. The meeting was adjourned at 9:40 p.m. ~es~ectfullY ~~~~ted~ i \_\.~~ Ct '~uA,.. Marc~lla A. Peach Recording Secretary \ , J '\ )