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HomeMy WebLinkAboutJune 14, 1994 '- ) :.J , j '.J / , u " '\ , . \.J /($ "l'\. CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.w. . ANDOVER, MINNESOTA 55304 . (612) 755-5100 """". ANDOVER PLANNING & ZONING COMMISSION MEETING AGENDA June 14, 1994 The Andover Planning and Zoning Commission will hold their regular meeting on Tuesday, June 14, 1994 at the City Hall Offices, 1685 NW Crosstown Blvd. The meeting is scheduled to begin at 7:00 p.m. 7:00 p.m. 1. Call to Order 2. Approval of Minutes: May 24, 1994 3. Public Hearing: Rezoning - R-1, Single Family Rural to R-4, Single Family Urban - Fox Woods _ Section 26 - Gorham Builders, Inc. 4. Public Hearing: Preliminary Plat - Fox Woods - Section 26 - Gorham Builders, Inc. 5. Public Hearing: Rezoning - SuperAmerica - NB, Neighborhood Business to SCt Shopping Center - Section 32 - Local Oil Company of Anoka. Public Hearinfi: Special Use Permit - Vehicle Wash Establis ment - 3631 Bunker Lake Boulevard NW - SuperAmerica - Local Oil Company of Anoka. Variance - Sideyard Setback from Interior Lot Line - 3631 Bunker Lake Boulevard NW - SuperAmerica - Local Oil Company of Anoka. 6. 7. 8. Public Hearing: Special Use Permit - Home Occupation in an Accessory Structure - 16445 Valley Drive NW - Richard Snyder. Variance - Setback from Street - 3404 133rd Lane NW - Steven Anderson. 9. 10. 11. Other Business Adjournment (\ "-.J U~{q.J '\ '-J (C}\) CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.w. . ANDOVER, MINNESOTA 55304. (612) 755-5100 ?~ ;; ,'.;~':.;:~r:,,;,::~:~~'" PLANNING AND ZONING COMMISSION MEETING - JUNE 14, 1994 MINUTES The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Jay Squires on June 14, 1994, 7:03 p.m. at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Maynard Apel, Bonnie Dehn, Becky Pease, Randy Peek, Bev Jovanovich, Jerry Putnam None Assistant City Engineer, Todd Haas City Planner, David Carlberg Others Commissioners absent: Also present: APPROVAL OF MINUTES -----'I ,-~I May 24, 1994: Page 4, end of first paragraph, add: "She also asked if they will be serving more than a breakfast menu." Page 4, third paragraph: Staff is to verify the accuracy of times the softball fields will be used. Page 7, third paragraph, second sentence, change to: "Commissioner Jovanovich agreed with Mr. Hupp and stated in her 20 years' experience working in restaurants, she has seen..." Page 7, fourth paragraph from bottomr add: "Commissioner Jovanovich also questioned the amount of noise and whether there will be bands and concerts." MO'l'ION by Peek, Seconded by Jovanovich, approval of the Minutes as amended. Motion carried unanimously. PUBLIC HEARING: REZONING - R-1, SINGLE FAMILY RURAL, TO R-4, SINGLE [<'AMILY URBAN - FOX WOODS, SECTION 26, GORHAM BUILDERS, INC. 7:07 p.m. Mr. Carlberg reviewed the request of Gorham Builders, Inc., to rezone 30 acres generally located north and east of the intersection of Andover Boulevard NW and Bluebird Street NW to R-4, Single Family Urban. It is presently zoned R-1 and has been included in the MUSA within the last year upon Metropolitan Council action. He reviewed the applicable ordinances and criteria to be considered when granting a rezoning request. There are two single family residential structures on the property that are to be burned, plus a pole building that will be removed from the site. :-J Gary Gorham, Gorham Builders, Inc. - stated the Fire Department did burn one building and will burn the house tomorrow evening. HOTION by Dehn, Seconded by Jovanovich, to open the public hearing. Motion carried unanimously. 7:11 p.m. ".-) , " '-) Regular Andover Planning and Zoning Commission Meeting Minutes - June 14, 1994 '\ Page 2 j (Public Hearing: Rezoning, Fox Woods, Gorham Builders, Continued) Garv Gorham. Gorham Builders. Inc. - was'available to answer questions. Steve Jonak. 710 146th Lane - wanted to hear the Commissioners' comments about the request, specifically what is known about the grade of Andover Boulevard and when it will be repaired. The proposal will change the traffic from potentially 10 houses to 70 on that property, which might affect the traffic on the street. Also, what affect will the rezoning have on the values of the surrounding property. When developing to such a high density, the house values tend to be lower than those built on the larger lots which surround this property. The Comprehensive Plan called for this area to be developed between the years 2000 and 2005r but it was recently included in the MUSA. Who asked for that amendment and why was it asked for? If it was asked for by the City, what benefit does it have for the City? He wanted to hear about these items from the Commission before the public hearing was closed so he could respond. Chairperson Squires noted the hearing is for public input, after which the Commission discusses the concerns raised. '\ J Mr. Jonak - didn't think it was his job to come before the Commission at every rezoning to raise these issues. He felt it is the job of the Commission and the Council to address them, and he'd like them addressed during the hearing so he can comment. He noted the issue of schools was not even addressed by the Council until he brought it to their attention at a previous rezoning issue. That problem has been alleviated somewhat now. This rezoning definitely affects the surrounding property values and traffic. This was scheduled for the future and has been moved up. He doesn't know how that process works, alleging no one is looking at whether that is good for the City or not. He charged the City's policy has lead to the crisis with the schools; and if that policy is not changed, that same problem will occur in a year or two. Mr. Jonak wasn't opposed to the rezoning, just the high density, stating a jump from 10 potential lots to 70 is a drastic change. Why can't it be zoned to some size in between those two. The City Council told him the Commission was going to look at these issues and policies, and nobody has done anything about it. Does the Commission know the grade of Hanson Boulevard and Andover Boulevard and when they plan to do anything? Andover Boulevard was basically destroyed with the new developments coming in, so the people living here before have to live with a destroyed road. Commissioner Apel noted Mr. Jonak sat on the Commission several years ago and knows the process. , / Mr. Jonak - found it an inferior way of doing things. Commissioner Apel noted a lot of work went into the Comprehensive Plan and the amendments to install trunk lines according to the engineering design with the expectation that through the years the development of the urban lots would be sufficient to payoff the bonds when they come due. If the development is not there to pay the bonds, everyone in the City will end up paying. Developing aO-foot lots across from 2 1j2-acre lots is inevitable, as was the infringement of Hanson Boulevard upon his 40+- acre lot. , \ \_) . "\ 'J Regular Andover Planning and Zoning Commission Meeting Minutes - June 14, 1994 \ Page 3 ) (Public Hearing: Rezoning, Fox Woods, Gorham Builders, Continued) Mr. Carlberg also explained that the City submitted its Comprehensive Plan to the Metropolitan Council in 1990 with 1300 acres of urban expansion, which was a five-year supply with a five-year overage. Portions of that Plan have not been approved by the Metropolitan Council because of the transportation issue. As a result, the City has had to continually request for acreage into the MUSA. The most recent was for 235 acres, which included this parcel. It was included by the City Council because it is a logical extension of the sewer. \ ) Mr. Jonak - was not interested in stopping development, but this proposal might be too intense for this area. He questioned why aO-foot lots are inevitable. Why not build one-acre lots, or at least look at that option? When talking about the quality of the roads and the ability of getting out of the development with few main roads to serve it, aO-foot lots is a high density. Mr. Carlberg stated the county Highway Department gets copies of the preliminary plats which access onto county roads. They also have their 2010 Plan for road improvements in the county. Those improvements are based on the numbers and conditions of the roads. If traffic patterns are heavYr it might warrant moving the improvement ahead of schedule. He did not think Andover Boulevard was within the five- or eight-year plan. Hanson Boulevard is slated for four lanes some day, but he did not know the time frame. Most improvements aren't done until warranted. Mr. Janak - didn't think there was a crisis in paying for the trunk line when looking at the number of houses proposed to be built this year, what was built last year and on what the City's budget is based. Plus there is over a year's supply of lots available now. He felt the overall quality of the City would be increased if the City did not let people build to such a high density. If the City continues building 500 to 600 homes, that is continuing the policy of unlimited building permits, there will be overcrowded roads as well as overcrowded schools. He would like to see quality developments with quality rezonings, not maximum density which has the potential for lower-priced houses of $60,000 and $70,000. Commissioner Apel felt the quality is in the eye of the beholder. Commissioner Dehn stated some people cannot afford the 2.5-acre lots. She would not want to get in the position of discriminating against how much money people have. Kathv Dusel - agreed with Mr. Jonak. Seeing all the houses being built bothers her. If anyone has driven Andover Boulevard, they can see it needs to be repaired now. When is it scheduled to be fixed? Mr. Carlberg again noted the county's 2010 Plan for road improvements. j Ms. Dusel - asked if the City could call the county to find out when they plan to repair Andover Boulevard. She also asked if a recreational park will be included in the development. Plus she asked how many Commissioners live on large lots. Mr. Haas stated the City does have some input into county road construction and it does submit plats to them. Parks is a part of the discussion on the preliminary plat, which is the next item. Commissioner Dehn stated she lives on a farm of u . "- u Regular Andover Planning and Zoning Commission Meeting Minutes - June 14, 1994 Page 4 , -~. '-J (Public Hearing: Rezoning, Fox Woods, Gorham Builders, Continued) almost 100 acres with land that they farmed for 15 years just recently rezoned for residential development. With the planning the City goes through, residential input is encouraged. Commissioner Apel stated he owns about 40 acres. Ms. Dusel - would like to stay as long as she can because she likes the community and the neighborhood. She asked if it is possible to have a lot size in between the 2 1/2 acres and 80-foot. Television reports have cited an increase in crime where houses are very close together and there are no parks. Commissioner Dehn stated that depends on the City. Crime has also increased in her area since the 2 1/2-acre lots have gone in. The Commission discussion continued on the procedure for planning, rezoning, platting, the requirements that must be met and the difficulties associated with large lots within the MUSA area. '1 j Mr. Gorham - took pride as a developer in the City and what he has created. He felt the impetus to the change of the Comprehensive Plan carne about when the City brought sewer and water up to the Andover Elementary school. On the issue of streets, the developer is responsible for the internal streets and paid for by him. He is also asking that Bluebird Street, which is now gravel and is the exist for the Oak Bluff developments, be upgraded; and he is also willing to pay more than his share to have that done. On the issue of density, there are small lots to the south and west and further north in Winslow Hills just beyond the Oak Bluff area. The price range of the homes in Winslow Hills is $160,000 to over $300,000. It doesn't necessarily follow that the less expensive homes will be built on the smaller lots. He anticipates Fox Woods to be a step-down development, that is the houses on the north end abutting Oak Bluff will be more expensive as in Winslow Hills, with less expensive homes to the south. Those lots abutting Oak Bluff also have more depth than required to keep a buffer from that development. MOTION by Dehn, Seconded by Jovanovich, to close the public hearing. Motion carried unanimously. 7:43 p.m. Commissioner Putnam was concerned about the condition of Andover Boulevard. No work has been done on it for over 20 years, and its condition has gotten worse. He didn't know what pressure the City could put on the county to upgrade it. Staff did not think the county had included an upgrade in the five- or eight-year plans. Commissioner Apel felt there will be problems with the roads forever. Mr. Carlberg stated the City can give input to the county, but it is their decision. Commissioner Dehn suggested the citizens in that area put pressure on the County Commissioners as well as the county Highway Department. Chairperson Squires stated the road improvement will be a question of timing and that the county probably will not improve the road in :.) anticipation of future needs. Typically, the need exists before the ~ county will act. Commissioner Putnam stated that needs to be prodded. vlith the road as it exists, it makes it difficult to approve plats and rezonings when it is known the road cannot handle the traffic. :: ) '- , \ V Regular Andover Planning and Zoning Commission Meeting Minutes - June 14, 1994 '\ Page 5 ) (Public Hearing: Rezoning, Fox Woods, Gorham Builders, Continued) Mr Jonak asked about a rezoning to a lesser density. Mr. Carlberg reminded the Commission of the City's zoning standards and the request for an R-4 zone. Discussion with Mr. Jonak continued on the condition of Andover Boulevard at this time, the fear of it getting worse with a development of the proposed density, and whether these issues are enough of a concern to affect the rezoning request. Commissioner Pease noted the Comprehensive Plan calls for the area to be zoned R-4 eventually; it is a matter of timing. Mr. Carlberg again explained that the Council chose this to be included in the MUSA because it was included in the Comprehensive Plan and it was a logical extension of the sewer. At the time the Comprehensive Plan was being drafted, there was consideration given to protecting the larger lots within the future MUSA area from 2 1/2-acre development, but it was felt that is not necessary. About a year ago TKDA did a study indicating the City would have to incorporate 600 acres into the MUSA within the next three to four years in order for the City to payoff the sewer trunk bonds. Commissioner Peek didn't think the paying of the bonds should be a consideration for the rezoning. Mr. Carlberg agreed, but the Commission should be aware of the planning necessary to meet financial obligations. ~-) Chairperson Squires understood the concern with the traffic, but he did not feel the proposed development is big enough to make a difference. Whether it is a lesser density of 30 or 40 homes versus the proposed 70 lots, in his mind that difference will not alleviate the problem. With the small lots to the south, west and northwest, there is no issue of spot zoning. This is a logical extension of the R-4 zone consistent with the Comprehensive Plan. He hasn't heard anything which would suggest the public welfare, safety or adjacent property values would be adversely affected. Commissioner Putnam did not object to the rezoning but again expressed concern with the condition of Andover Boulevard. He asked that Staff give input to the county and put some pressure on them to fix it. The Commission suggested the City Council meet with the county on the issue of the condition of county roads within the City to get some county road improvement projects started. MOTION by Dehn, Seconded by Jovanovich, recommend forwarding to the City Council the amendment to the ordinance presented by Staff to include an addendum to the City Council suggesting perhaps some sort of meeting with the county in regard to the traffic, to be aware of that issue with concerns from the audience as well as concerns of the Commission; with a correction in the amendment, rezoning to R-4, Single Family Urban. Motion carried unanimously. This will be heard by the City Council on July 5, 1994. 8:05 p.m. , '\ ,...J PUBLIC HEARING: BUILDERS, INC. PRELIMINARY PLAT - FOX WOODS, SECTION 26, GORHAM 8:05 p.m. Mr. Haas reviewed the preliminary plat of Fox Woods which consists of 71 single family urban residential lots. The request is to , \ ;, ) ~-, / \ \.J Regular Andover Planning and Zoning Commission Meeting Minutes - June 14, 1994 '\ Page 6 / (Public Hearing: Preliminary Plat, Fox Woods, Gorham, Continued) vary about 9 feet on Lots 8 and 9, Block 2 for lot width. The Andover Review Committee is recommending approval of the plat with discussion on the variances. The Park and Recreation Commission had recommended cash in lieu of land for park because of the existing park immediately north of the plat in Oak Bluff. No internal walkways would be provided to that park, as the Park Board did not feel it was necessary and Public Works recommended against it. The grading and drainage plans are being reviewed, but the amount of run off will not change. Lot 5, Block 4 will face 145th Lane and Lot 6 of Block 4 will face 146th Avenue. The Police and Fire Departments are in agreement with the plat. Many of the larger lots are to accommodate the ponding requirements for storm drainage. MOTION by Dehn, Seconded by Apel, to open the public hearing at this time. Motion carried unanimously. 8:13 p.m. Kathv Dusel - asked if there are no access roads directly onto Andover Boulevard, just Bluebird. Mr. Haas stated that is correct. '. ) Euqene Benson, 1292 148th Lane - stated Block 1, Lots 1 and 2 are the smallest lots in the whole development which border their l+-acre lots. He would like to see Block 1, Lots 1, 2, 3, and 4 be divided in such a way that there would be three lots instead of four. Instead of average 88 to 89 feet across r they would be 115 feet in width and would complement both developments. Another concern is the width of Lot 10, Block 1. It seems unusually long, and he questioned the ability to build a large house with garage and deck on it without needing a variance. He suggested Lots 9, 10 and 11 be divided into two lots to facilitate the building of larger houses with larger decks. He was also concerned with the drainage. The pond in Jorgenson's back yard is 890.2 feet for the 100-year flood. The drainage plan of this plat shows it at 892 feet. He asked how the pond can be raised two feet and whether studies have been done to see how that would affect the existing wells and septic systems. No one has checked his lot. Mr. Haas stated the 100-year flood in Fox Woods is 889.1, which is lower than the pond adjacent to Mr. Benson's lot. Mr. Benson disagreed, stating his map shows the 100-year flood elevation of the pond at 890.2 feet. Mr. Haas stated they are not running any water into those ponds; everything is being retained on site. He will review those numbers again and make any corrections if there is a typographical error. . '. ,-.J Stan Jorqenson, 1248 148th Lane - looked for a lot for years before moving to Andover and made sure the existing homes in the area would not affect his value at a later date. He is happy that Gorham Builders is developing the land, but he too is concerned that the lots abutting his are enlarged to make sure the price of the structures are compatible. Winslow Hills has $160,000 homes. If the homes on the back of his property are in the upper bracket, the homes in Oak Bluff won't be affected. They built as an investment in the community, and they do not want that value affected by what Mr. Gorham is proposing. He would like to see Mr. Gorham submit in writing the price range of the homes he ( \ '--~ . \ \.J Regular Andover Planning and Zoning Commission Meeting Minutes - June 14, 1994 , '\ Page 7 j (Public Hearing: Preliminary Plat, Fox Woods, Gorham, Continued) will be building in there. The homes in Oak Bluff run from $200,000 to $400,000. Mr. Carlberg stated the City doesn't have the ability to establish the value of houses being constructed. The developer is able to place restrictive covenants on lots. Mr. Gorham - is not in favor of restrictive covenants because of the potential problems with them in the future. In Winslow Hills they took care of that problem by telling potential clients up front the value of the home they were going to build in the development, and they held firmly to it. ~r. Jorqenson - asked if it would be the same format as rest of Winslow Hills Addition. J Mr. Gorham - stated the format would be somewhat the same, but he thought it would be difficult to hold to the $160,000 minimum on the lots to the south side and that front on Bluebird because of what is across the street. The value would step up as they go from that area north to the Oak Bluff area. The Block 1 area would be in the $175,000 to $200,000 range. Even Lots 1 and 2, as they are wooded. He expected Lot 10, Block 1, to be the last lot to sell because it is beside the park; and generally people do not want to be next to a park. He assumed the houses on Lots 10 and 11 would be in the $150,000 range. }ohn Mastley, 1226 148th Lane NW - agreed with what Mr. Benson said. He would like to see the four lots split into three and put a covenant on them. They looked around a lot to find their lot, and it would be nice to keep some kind of buffer zone and make sure it actually does stack down somewhat. Bonnie Jorqenson - stated her house value will really be affected if lower-priced houses get built. She too would like consideration for making three lots versus the four adjacent to her property. She knew development is inevitable, but she would like to see their property protected. They worked really hard to obtain that property, and they would like Mr. Gorham to protect their investment. MOTION by Dehn, Seconded by Apel, to close the public hearing. Motion carried unanimously. 8:27 p.m. Commissioner Peek asked Mr. Gorham if he had hard data to demonstrate any significant impact of a development on adjacent property. , \ '. .J Mr. Gorham - stated he has no documentation, but from a developer standpoint, he found that the intermingling of houses in the price range of $150,000 up to $250,000 are compatible with families having the same type of lifestyles. They are both move-up buyers with the same concerns. They have an investment to keep up in an orderly fashion. He didn't feel the houses in the price range of $90,000 to $150,000 intermingle as well because they are more of a first-time home buyer. Mr. Carlberg again stated the City does not have the power to direct minimum values or to require restrictive covenants. ,/ ) \_/ u Regular Andover Planning and Zoning Commission Meeting Minutes - June 14, 1994 ) Page 8 (Public Hearing: Preliminary Plat, Fox Woods, Gorham, Continued) A resident felt the value could be controlled by requiring three lots instead of four on that block. Mr. Carlberg stated the minimum standards are being met and the City cannot legally ask Mr. Gorham to make three lots out of four. Mr. Gorham - stated in looking at what he did in Winslow Hills, they will try to make a nice development here because he realizes there are very large homes to the north. Reducing to three lots may not be the answer because the cost of the lot is then increased by about $14,000. The money may then be put into the lot instead of the house. He went back to the principle of what they have done in Winslow Hills, and obviously that has been proved. Mr. Jorqenson - stated right now he has no houses behind him; and with this development, he will have four houses adjacent to his property. Mr. Haas provided a brief background on the development of Oak Bluff, which was first brought in as 2 1/2-acre lots. The City reduced the size, recognizing that sewer and water would be available shortly and to allow for easier subdivision in the future. , '\ "- ) A resident worried about his investment, wanting something similar in scope in the $250,000 to $300,000 range. Houses at $150,000 were a concern. Mr. Haas again stated that is up to Mr. Gorham; the City has no control over the value of homes. In further discussion, it was suggested by the Commission that those residents who have a concern meet with Mr. Gorham to come to an agreement that would satisfy everyone. Mr. Gorham stated he is very willing to discuss the issues with the residents. \ ) Chairperson Squires tended to agree with Mr. Gorham on the four lots versus three lots issue. The value of the lots would increase; and in his opinion, there would be no difference between a $150,000 house versus one of $175,000 and their affect on adjacent property. He felt it would take a more drastic change to offset any departure from the staging Mr. Gorham is proposing. Commissioner Dehn agreed, as she has seen nice houses with landscaping in the urban area as well as on the 2 1/2-acre lots. Mr. Gorham does create nice developments which have been maintained over the years. Her concern is with Lots 10 and 11, thinking they are very narrow. Lot 10 is a real concern because it is not wooded. Commissioner Peek asked how is that different than any other lot less than 100 feet in width. Commissioner Dehn responded it is adjacent to the large lots to the north, but acknowledged that otherwise there is no difference. Chairperson Squires also noted that the need for variances for decks, etc., on the urban lots is now being addressed by the Building Department. MOTION by Peek Seconded by Apel, to forward the attached Resolution to the City Council with the recommendation for approval. Motion carried unanimously. 8:43 p.m. t '\ \....j , \ V Regular Andover Planning and Zoning Commission Meeting Minutes - June 14, 1994 Page 9 ) The Commission recessed at this time; reconvened at 8:47 p.m. PUBLIC HEARING: REZONING - SUPERAMERICA - NB, NEIGHBORHOOD BUSINESS TO SC, SHOPPING CENTER, SECTION 32, LOCAL OIL COMPANY OF ANOKA , '\ '-J 8:47 p.m. Mr. Carlberg reviewed the request of Local Oil Company of Anoka to rezone property at 3631 Bunker Lake Boulevard from NB to SC noting the applicable ordinances and criteria to be considered when considering rezonings. The rezoning is to allow for the construction of a car wash adjacent to the SuperAmerica gas station. The City Council discussed the options of either amending the ordinance to allow car washes as a permitted or special use in NB zones or to rezone this property to Shopping Center which allows car washes. The preference was to rezone the property rather than amend the ordinance. The area is heavily traveled, located at the intersection of two county roads. The property consists of two different parcels totalling about two acres in size. It is adjacent to the Shopping Center district to the east and a similar zoning to the south in Anoka. It is simply an extension of the existing SC district. Interpretation of the ordinance is that the entire Shopping Center zone must be a minimum of five acres, and this meets that minimum since the zone is already over that size. A car wash is allowed under a Special Use Permit in an SC district after a minimum of 25,000 square feet of retail floor space is constructed. That too has been met with the buildings already constructed in the entire zone. Commission discussed several effects of allowing car washes in the NB district. Mr. Carlberg noted the issue of car washes in the NB zone was discussed in 1988 or 1989, and the City was not interested because of the number of NB zones and their proximity to residents. The general feeling was to make no change in the ordinance at this time. MOTION by Dehn, Seconded by Jovanovich, to open the public hearing. Motion carried unanimously. 9:07 p.m. Dave Darvl, Architect for SuperAmerica station, Bunker Lake and Round Lake Boulevards - stated there is no other automatic car wash in the immediate area, and this would be the biggest function they would have to offer. It is not a self-serve car wash. It would add to the City's tax base; and in talking to the people in the area, they want it. Commissioner Peek asked if this rezoning would parcel which is contiguous to the Shopping Center. think this had any bearing on that area. impact the other NB Mr. Carlberg didn't MOTION by Dehn, Seconded by Jovanovich, to close the public hearing. Motion carried unanimously. 9:10 p.m. .' \ .~ MOTION by Apel, Seconded by Jovanovich, to forward to the City Council with our recommendation for approval Ordinance No. 8FFFF, an ordinance amending Ordinance No. 8 to rezone the site from Neighborhood Business to Shopping Center as presented by Staff. Motion carried unanimously. 9:12 p.m. () ( \ U Regular Andover Planning and Zoning Commission Meeting Minutes - June 14, 1994 :'-..) Page 10 PUBLIC HEARING: SPECIAL USE PERMIT - VEHICLE WASH ESTABLISHMENT, 3631 BUNKER LAKE BOULEVARD NW, SUPERAMERICA, LOCAL OIL COMPANY OF ANOKA 9:12 P.M. Mr. Carlberg reviewed the request of Local Oil Company of Anoka to construct a car wash at the SuperArnerica station at 3631 Bunker Lake Boulevard, noting the applicable ordinances and criteria to be examined. The applicant will be required to submit a commercial site plan. There is an existing six-foot wood fence along the north property line. He did not think screening is required on the side abutting the commercial property. If additional screening is needed, it will be addressed in the site plan. :_) The applicant indicated the hours of operation for the car wash will be 8 a.m. to 9 p.m., seven days a week. It is a brushless wash with a dryer on the south end. As the cars drive through, any noise from the dryer would be directed toward Bunker Lake Boulevard. The dryers can be operated with the doors either opened or closed; but there is very little noise when the doors are shut. Also, there is a concrete heated slab as the cars leave the car wash, which will eliminate most of the runoff from the cars. Mr. Carlberg also noted the issue of grading and drainage will be addressed in the commercial site plan. The design was changed to place the car wash on the west side of the building, which is probably the best design for the site because stacking will occur behind the building rather than in the parking area, and no water will run into the parking area or onto the road. They will also look at the noise factor, but it should not be a problem with the proposed location. Terrv Landeen, Representinq the Manufacturer of the Car Wash Equipment _ stated their dryers meet the decibels for noise. When the dryer is running at full capacity with the door open, 20 feet away the decibel is 84. The farther away, the decibels go down. Mr. Carlberg stated the noise ordinance does address decibels, and the zoning ordinance has the issue of noise as a nuisance. The back of the car wash is about 50 feet from the rear property line of the residential area. If the statements are correct, noise doesn't appear to be a problem. MOTION by Apel, Seconded by Dehn, to open the public hearing. Motion carried unanimously. 9:16 p.m. There was no public testimony. MOTION by Apel, Seconded by Dehn, to close the public hearing. Motion carried unanimously. 9:16 p.m. Councilmernber Dehn was concerned with runoff of the water. The noise levels are very pertinent, but decibel levels are also controlled by other agencies. Mr. Carlberg felt these issues can be addressed during the site plan review. :~ MOTION by Peek, Seconded by Jovanovich, to forward the attached Resolution to the City Council with the recommendation for approval, with the additional of Condition No.4, which limits the hours of operation to 8 a. m. to 9 p. m. , 7 days a week. Motion carried unanimously. 9:21 p.m. , \ ,) . \ \.J Regular Andover Planning and Zoning Commission Meeting Minutes - June 14, 1994 ) Page 11 VARIANCE - SIDEYARD SETBACK FROM INTERIOR LOT LINE - 3631 BUNKER LAKE BOULEVARD NW, SUPERAMERICA, LOCAL OIL COMPANY OF ANOKA Mr. Carlberg reviewed the request of Local Oil Company of Anoka, Inc., to vary from the sideyard setback from an interior lot line at 3631 Bunker Lake Boulevard. The ordinance requires a 10-foot setback, and the proposal is to vary from that provision by five feet. Commissioner Peek noted the two lots are under the same ownership and asked if the lot line could be moved five feet to accommodate the car wash without the need for a variance. Mr. Carlberg stated the property would have to be replatted to move the lot line five feet. It doesn't appear to be a problem with the five-foot variance on commercial property. There is also a ten-foot setback on the adjacent lot, so there would be at least 15 feet between the car wash and any future building on the adjacent lot. Commissioner Peek noted there could be a variance request on any future building as well. He asked if the Building Official has reviewed the proximity of this building to the property line. . '\ '-) Mr. Carlberg stated he looked at it during the preliminary review. His comments were only on the traffic circulation. If there are any doors on the western side of the car wash, they would be addressed during the commercial site plan. The structure will be required to meet the Uniform Building Code. Commissioner Peek asked if the replatting issue is one of cost or convenience. Mr. Carlberg explained replatting is a lengthy process to move a lot line five feet. They can do that, and that would be their only option if the variance is denied. It is only a matter of five feet. MOTION by Apel, Seconded by Jovanovich, to send to the City Council a Resolution approving a variance request of Local Oil Company for the five-foot variance from the required ten-foot sideyard setback as per the Resolution provided by Staff. Motion carried on a 6-Yes, 1-No (Peek) vote. PUBLIC HEARING: SPECIAL USE PERMIT - HOME OCCUPATION IN AN ACCESSORY STRUCTURE - 16445 VALLEY DRIVE NW, RICHARD SNYDER '\ 9:26 p.m. Mr. Carlberg reviewed the request for a Special Use Permit by Richard Snyder to operate a home occupation in an accessory structure at 16445 Valley Drive NW. He would be doing some welding and small engine repair. He noted the applicable ordinances and conditions, noting the City Council recently agreed with the Commission's concerns that recently approved home occupations in accessory structures seem to be a little beyond the provisions of what the ordinance allows and that it should be scaled back. He was requested to look at a similar situation on Prairie Road in 1989 where there was a outboard motor repair in an accessory structure which had been operating for six years. That item was tabled to allow the Commission to review the ordinance as to what should be allowed for home occupations. In 1990, the ordinance was amended to allow home occupations in accessory structures. The / ".) , \ \J Regular Andover Planning and Zoning Commission Meeting Minutes - June 14, 1994 Page 12 - -_/ (Public Hearing: Special Use Permit, Home Occupation, Snyder, Continued) definition of home occupation uses was not changed at that time. There is still some confusions as to whether outboard motor repair would be allowed. No action was ever taken on the outboard motor repair business. With the change of Staff, it was never investigated further; but that will be done now that he is aware of it. This request is similar because of the repair of small engines as well as welding. Richard Snyder - stated the welding and repair would be done on the southern end of the building. The other building is a separate building, with the south end attached to it. There would be no outside storage. Mr. Carlberg noted the letter from the applicant which explains his operation. Chairperson Squires stated the magnitude of the other operations have been greater, but he questioned the difference in criteria between a home occupation and a hobby. In this case, it is an occasional thing for friends and neighbors when he has the time. Mr. Carlberg stated it is whether or not he is paid for his services. Commissioner Apel did not think that was the legal test, as the IRS treats hobbies differently than commercial endeavors. . '\ \.-- /) Mr. Snyder - stated he does get a little money every now and then. The welding is all repair; he does not build new things. Mr. Carlberg noted the accessory building is 63 feet from the road. The 100-foot setback is from where the property starts, which is the centerline on a metes and bounds subdivision. It appears there is 96 feet, so he wouldn't be able to work in the front four feet of the garage. MOTION by Dehn, Seconded by Putnam, to open the public hearing. Motion carried unanimously. 9:40 p.m. Richard Snyder, 16445 Valley Drive NW - is making this request so he doesn't get hassled in the future. He's been doing it for years and years already. The welding is simple repairs, fixing angle irons, odds and ends, cracked trailer frames, etc. It's not necessarily connected to the engine repair. He does not do repairs for resale. He doesn't want to store things. He works on lawn mowers, snowmobiles, small motor cycle work, etc. He works about ten to fifteen hours a week, sometimes working late at night and on weekends. He doesn't make any noise or bother anyone. Commissioner Peek noted the Resolution indicates specific hours and asked for a time frame in which the hours can be set. Mr. Snyder - stated he works whenever the work is there, because he often has 24-hour shifts for his job. \ " ) Marvin Tobeck, 13690 Valley Drive NW - had no complaints whatsoever over what Mr. Snyder is doing. A lot of times Mr. Snyder is working late at night, and the only reason he knows that is because he can see the light in the accessory building. There is no noise. Mr. Snyder - noted the building is insulated quite well. MOTION by Dehn, Seconded by Apel, to close the public hearing. Motion carried unanimously. 9:45 p.m. r \ \._~ , \ l ) ~ Regular Andover Planning and Zoning Commission Meeting Minutes - June 14, 1994 / \ Page 13 ',J (Public Hearing: Special Use Permit, Home Occupation, Snyder, Continued) Commissioner Peek felt the only real issue is the interpretation of repair service in the ordinance. His personal inclination is to make a recommendation of approval. Commissioner Apel agreed. Chairperson Squires also felt this falls within repair service, though he had a little concern with the welding aspect, but maybe that is a part of repair service. Commissioner Dehn stated welding is very valuable for repair services. ,- "- '-) Mr. Snvder - stated he gets work by word of mouth; there would be no advertising. Traffic generated would be three to four cars a week. There will be no sign on the road, but possibly there would be one on his door. Chairperson Squires felt this may be an opportunity to begin forming guidelines and rationale for the City Council that might be looked at in the future when looking at similar requests. Commissioner Apel wondered if the residents in general would be for or against something like this. Are they just representing the people here or are they representing the residents? He thought there were a lot of people out there, those on social security, who are doing lawnmower repair, etc. Has there been any complaints from the citizens? He felt most of the citizens in that area where there is a lot of open spaces would say leave these people alone, that the City is not representing the citizens when it decides to close down these operations. There are all kinds of things going on out there that could be considered illegal; but that comes from the City, not from the people who live out there. He didn't think it was the Commission's job to tell the elected officials how to respond to their constituency. He was afraid the Commission is influencing policy without any mandate from the residents. Commissioner Dehn is also Mr. Snyder's neighbor, and she's never heard anything going on over there. Commissioner Apel again stated there are many of these activities going on that the City is trying to stop, and he didn't think the taxpayers wanted anything to do with stopping them. Chairperson Squires felt the role of the Planning Commission is a little different than that of the City Council. The Commission's role is to look at the ordinance and make recommendations based upon that. When again discussing the setback requirement, Mr. Carlberg stated Staff will verify the calculations. Mr. Snyder felt it is over 90 feet, as he recalled it being more than that when he replaced his driveway. In determining hours of operation, he asked for noon to midnight. Mr. Carlberg noted the noise ordinance is applicable after 10 p.m. Mr. Snyder then agreed to 8 a.m. to 10 p.m., Monday through Friday and 8 a.m. to 8 p.m. on weekends. '\ '-) MOTION by Peek, Seconded by Apel, to forward the attached Resolution to the City Council with the recommendation for approval with the following additions, Third paragraph, insert "meets", and all other references to will or will not should be "will" and is or is not should be "is" and should or should not should be "should". The item on public hearing, there was not opposition regarding said request. The Planning and Zoning Commission recommends to the City Council approval with the ," -\ \. ---,' J , " ) Regular Andover Planning and Zoning Commission Meeting Minutes - June 14, 1994 Page 14 . .' (Public Hearing: Special Use Permit, Home Occupation, Snyder, Continued) following adjustment, Condition 13, hours of operation be adjusted to 8 a.m. to 10 p.m., Monday through Friday, and 8 a.m. to 8 p.m., Saturday and Sunday. Add a WHEREAS, the Commission found this particular proposed used based on the facts presented to us meets the definition of repair service under Section 3.02 of Ordinance No.8. Motion carried on a 6-Yes, I-Abstain (Dehn as she is a neighbor) vote. 10:00 p.m. VARIANCE - SETBACK FROM STREET - 3404 133RD LANE NW, STEVEN ANDERSON Mr. Carlberg reviewed the proposed sideyard setback request of Steven Anderson to allow the construction of an addition to his house encroaching into the required 35-foot sideyard setback. If granted, the house would be located 22 feet from Poppy Street. Variances must be granted due to hardships with the characteristics of the land and not with the property owner. Staff is recommending denial, as the setback is needed to maintain the uniformity of the setback. There are other houses on the cul-de-sac, and this would be a large encroachment. The addition is to the garage to be used for storage. Commissioner Peek stated he viewed the site, and he didn't feel there is any point of reference to align for any other structure for consistency of setback. In his opinion, the curvature of the lot is the hardship. " He felt there is a precedence of granting variances in the past based on . ) irregular shaped lots. The other Commissioners agreed. MOTION by Apel, Seconded by Jovanovich, that we send to the City Council a Resolution approving, changing denying to approving, the variance request. Down to the second WHEREAS, the Planning and Zoning Commission finds has reviewed the request and has determined that the request "does" meet the conditions established in Ordinance No.8, Section 5.04 and that a hardship "does" exist; WHEREAS, the Planning and Zoning Commission finds that a hardship "does" exist due to the unique shape or topography of the parcel and that the landowner "would" be precluded reasonable use of the property; WHEREAS the Planning and Zoning Commission finds the request "does" meet the requirements of Ordinance No.8, Section 6.02; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the variance request. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and "approves" the variance requested by Steven Anderson to construct an addition encroaching into the required 35-foot sideyard setback from the street. Motion carried unanimously. OTHER BUSINESS Mr. Carlberg reviewed the Council action at its June 7, 1994, meeting on various items forwarded by the Planning Commission. :'_) MOTION by Dehn, adjourn. Motion carried at 10:12 p.m.