HomeMy WebLinkAboutJune 28, 1994
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CITY of ANDOVER
ANDOVER PLANNING & ZONING COMMISSION
MEETING AGENDA
June 28, 1994
1.
Call to Order
2. Approval of Minutes: June 14, 1994
3.
Public Hearin~: Preliminary Plat - Andover
Center - Sectlon 32 - William Radamacher.
4 .
Public Hearing: Preliminary Plat - Jonathan
Woods - Section 26 - Tom Belting & R.C. Johnson.
5.
Public Hearina: Preliminary Plat - Woodland
Pond Second A dition - Section 29 - Finest
Homes, Inc.
6.
Public Hearin~:
Land Reclamatlon
Superfund Site -
Group.
Special Use Permit - Mining and
Activities - South Andover
South Andover Administrative
Public Hearing:
Group Home in a
Block 4, Timber
Dayton Jahn.
8. Public Hearing: Special Use Permit - Planned
Unit Development - 3155 Bunker Lake Boulevard NW
Bruce & Diane Dynes.
7.
Special Use Permit - Foster
Residential District - Lot 16,
Meadows Second Addition - Kim &
9. Public Hearing: Special Use Permit -
Repair Garage in an I, Industrial District -
1716 Bunker Lake Boulevard NW - Robert Bendtsen.
10. Public Hearing: Major Amendment to the
Comprehensive Plan for Sewer - Sheriff's
Substation - Bunker Lake Boulevard NW - Anoka
County.
11. Discussion - Therapuetic Massage as a Home
Occupation.
12. Other Business
13. Adjournment
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CITY of ANDOVER
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (612) 755-5100
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PLANNING AND ZONING COMMISSION MEETING - JUNE 28, 1994
MINUTES
The Regular Bi-Monthly Meeting of the Andover Planning and Zoning
Commission was called to order by Chairperson Jay Squires on June 28,
1994, 7:00 p.m. at the Andover City Hall, 1685 Crosstown Boulevard NW,
Andover, Minnesota.
Commissioners present:
Commissioners absent:
Also present:
Maynard Apel, Bev Jovanovich, Jerry Putnam
Bonnie Dehn, Becky Pease, Randy Peek
Assistant City Engineer, Todd Haas
City Planning Directorr David Carlberg
Others
APPROVAL OF MINUTES
June 14, 1994: Page 9, Motion to recommend approval of ordinance,
change Ordinance 8FFFF to Ordinance 8GGGG.
Page 14, Motion for variance on 133rd Lane, Change
Motion carried unanimously to Motion carried on a 6-
Yes, I-No (Squires) vote.
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o MOTION by Jovanovich, Seconded by Apel, approval of the Minutes as
amended. Motion carried on a 4-Yes (Squires, Apel, Jovanovich, Putnam),
3-Absent (Dehn, Pease, Peek) vote.
PUBI,IC HEARING: PRELIMINARY PLAT - ANDOVER CENTER - SECTION 32 -
WILLIAM RADEMACHER
7:02 p.m. Mr. Haas reviewed the proposed preliminary plat of Andover
Center as proposed by Andover Limited Partnership to create two lots.
Lot splits are not allowed on commercial property. A variance is
required for Lot 2, Block 1 for front setback line. That lot does meet
the dimensions for a commercial lot, but the narrow side does not meet
the minimum of 200 feet. The lot faces Bunker Lake Boulevard. A
grading plan was not submitted because the site is already developed.
The City will review the drainage and erosion control under the site
plan application when McDonald's comes in.
MOTION
Motion
(Dehn,
by Apel, Seconded.
carried on a 4-Yes
Pease, Peek) vote.
by Jovanovich,
(Squires, Apel,
7:03 p.m.
to open the public hearing.
Jovanovich, Putnam), 3-Absent
Mr. Carlberg stated there have been a number of requests on this site
with the proposal of a McDonald's restaurant in this area. The lot is
being created so McDonald's can acquire a separate parcel. There was no
public testimony.
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MOTION by Apel, Seconded by Putnam, to close the public hearing.
carried on a 4-Yes (Squires, Apel, Jovanovich, Putnam), 3-Absent
Pease, Peek) vote. 7:05 p.m.
Motion
(Dehn,
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Regular Andover Planning and Zoning Commission Meeting
Minutes - June 28, 1994
Page 2
(Public Hearing: Preliminary Plat, Andover Center, Continued)
MOTION by Apel, Seconded by Jovanovich, that the Planning Commission
forward to the Council with recommendation for approval a Resolution
regarding the preliminary plat of Andover Center for the lot that will
be used for the McDonald's franchise as prepared by the Staff. Motion
carried on a 4-Yes (Squires, Apel, Jovanovich, Putnam), 3-Absent (Dehn,
Pease, Peek) vote. This will be placed on the July 19, 1994, City
Council agenda. 7:07 p.m.
PUBLIC HEARING: PRELIMINARY PLAT - JONATHAN WOODS - SECTION 26 - TOM
BELTING AND R.C. JOHNSON
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7:07 p.m. Mr. Haas reviewed the proposed preliminary plat of Jonathan
Woods consisting of 38 single family urban residential lots. It is
currently zoned R-4 and in the MUSA. A variance will be needed for the
length of the Crane Street cul-de-sac south of 143rd Avenue NW as it
exceeds the SOO-foot maximum required in Ordinance No. 10. The cul-de-
sac is approximately 7S0 feet long. The plat indicates a variance is
needed for the rear setback of the existing building on Lot 23, Block 1;
however, that will not be necessary because the rear setback requirement
is met. In addition, a variance is needed for Lot 3, Block 1, to allow
the existing structure to access to a county road. The ordinance
requires all lots to front City Streets, but this lot has no frontage on
a City street. The circular driveway will be partially removed as well
as the pool and deck from the site. The developers have been working
with the City and the developer of the site to the west to ensure that
the streets will be aligned.
Chairperson Squires noted this outlets to the proposed Foxberry Farms
plat. What happens if this is approved but Foxberry Farms does not go
through? Does this plat have to wait for development until Foxberry
Farms is developed? Mr. Haas did not think there would be a problem
with the development to the west. The City is trying to combine the two
plats as a joint project. Commissioner Apel noted if Foxberry Farms is
not developed, this parcel would have to be replatted because there is
no access. Mr. Haas stated both plats will have to be done at the same
time so Jonathan Woods can get final plat approval. The intent is to try
to keep the two plats developing at the same time.
MOTION by Apel, Seconded
Motion carried on a 4-Yes
(Dehn, Pease, Peek) vote.
by Jovanovich,
(Squires, Apel,
7:16 p.m.
to open the public hearing.
Jovanovich, Putnam), 3-Absent
There was no public testimony.
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MOTION by Apel, Seconded
Motion carried on a 4-Yes
(Dehn, Pease, Peek) vote.
by Jovanovich,
(Squires, Apel,
7:17 p.m.
to close the public hearing.
Jovanovich, Putnam), 3-Absent
The Commission agreed with the preliminary plat as proposed and felt the
variances are reasonable.
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Regular Andover Planning and Zoning Commission Meeting
Minutes - June 28, 1994
Page 3
(Public Hearing: Preliminary Plat, Jonathan Woods, Continued)
MOTION by Putnam, Seconded by Jovanovich, that we send the Resolution to
the City Council approving the preliminary plat of Jonathan Woods as
prepared by Staff with the following two additions: That a variance be
obtained for Craine Street cul-de-sac extension beyond that which is
allowed by Ordinance 10 and a variance for Lot 3, Block 1, frontage
accessing a county road. Motion carried on a 4- Yes (Squires, Apel,
Jovanovich, Putnam), 3-Absent (Dehn, Pease, Peek) vote. This will be
heard by the City Council at its July 19, 1994, meeting. 7:20 p.m.
PUBLIC HEARING: PRELIMINARY PLAT - WOODLAND POND SECOND ADDITION _
SECTION 29 - FINEST HOMES, INC.
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7:20 P.M. Mr. Haas reviewed the proposed preliminary plat of Woodland
Pond 2nd Addition requested by Uptown Construction, Inc., and Finest
Homes, Inc., consisting of 22 single family urban residential lots. The
property is currently zoned R-4 and is within the MUSA. There is a
structure on Lot 4, Block 2 in front of the principal structure which
sets quite a distance into the front yard setback. Mr. Carlberg
explained if the City does not grant the variance and the structure is
destroyed over 50 percent, that structure would have to be rebuilt in
compliance with current ordinances and not rebuilt in that location. If
the City grants the variance, the structure can be rebuilt in that same
location because it is said to be conforming. If the variance is not
granted, the building should be removed.
The Commission asked if it is possible to grant a variance to allow the
structure to remain; but if it is ever destroyed, it would have to be
rebuilt to conform with existing structures. Or can that condition be
made as a part of the Development Contract? If the road came from the
north, the structure would have to go because it would obstruct the
view. But it doesn't look like that will happen. Mr. Carlberg stated
that should be addressed by legal counsel, suggesting that be done
before the Council reviews the item.
MOTION by Apel, Seconded
Motion carried on a 4-Yes
(Dehn, Pease, Peek) vote.
by Jovanovich,
(Squires, Apel,
7:29 p.m.
to open the public hearing.
Jovanovich, Putnam), 3-Absent
Barb Drabant, 13753 partridqe Street NW - does not live in the area but
noted there have been other circumstances in the City where variances
were allowed now; but if something happens in the future, something else
will be required. That is to save the homeowners, and she felt that is
a good idea to allow the building to stay but require current ordinances
to be met if something happens in the future.
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Bill Moerke, 3476 142nd Lane NW, adiacent to the development - stated
there is a storm sewer being put in on the easement adjacent to his
property. He understands it will be very deep. He has large trees
along the edge of his property. The Tree Inspector told him today if 6
to 12 inches of roots are cut off, the oak tree will most likely die.
He did not want the excavation from the storm sewer to kill those trees.
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Regular Andover Planning and Zoning Commission Meeting
Minutes - June 28, 1994
Page 4
(Public Hearing: Preliminary Plat, Woodland Pond Second, Continued)
Could the storm sewer line be rerouted differently to save them? Mr.
Haas explained there is a drainage and utility easement on the south
part of Kadlec's 2nd, and the plan is to construct that storm sewer on
the north side of the lots in Woodland Pond 2nd, and that can be done
within the easements without the permission of the property owners. The
City will do what it can to save the trees, but he could not guarantee
they will be saved. Drainage and utilities have priority over the Tree
Protection Plan. Trees that can be saved within the easement will have
barriers around them. Also, he did not know how the developer will
handle the storm sewer. The developer may ask the City to consider
assessing those people outside the plat for the storm sewer. The
Commission advised that this issue be addressed carefully and that the
developer and contractors be made aware of these comments.
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MOTION by Putnam, Seconded by Jovanovich, to close the public hearing.
Motion carried on a 4-Yes (Squires, Apel, Jovanovich, Putnam), 3-Absent
(Dehn, Pease, Peek) vote. 7:38 p.m.
MOTION by Apel, Seconded by Putnam, recommend that the Planning and
Zoning Commission recommend to the Council the Resolution approving the
preliminary plat of Woodland Pond Second Addition as presented by Staff
with a third condition added: that particular attention be paid to the
block garage in the southeast corner of Lot 4, Block 2, and an attempt
be made to make it a nonconforming structure rather than a variance so
that in the event it is destroyed, a new garage would be built in
conformance with present City ordinances. Also add a WHEREAS, there was
a vigorous discussion on the trees just south of the Bill Moerke
property in the drainage easement and that every effort be made to
protect the trees as much as possible, and to keep Mr. Moerke informed.
Motion carried on a 4-Yes (Squires, Apel, Jovanovich, Putnam), 3-Absent
(Dehn, Pease, Peek) vote. This will be on the July 19 Council agenda.
PUBLIC HEARING: SPECIAL USE PERMIT - MINING AND LAND RECLAMATION
ACTIVITIES - SOUTH ANDOVER SUPERFUND SITE - SOUTH ANDOVER ADMINISTRATIVE
GROUP
7: 40 p.m. Mr. Carlberg reviewed the request of the South Andover
Administrative Group to conduct mining and land reclamation activities
on the South Andover Site. It is part of the process to remediate that
Superfund site. The proposal is to remove approximately 10,000 cubic
yards of contaminated soils and material and replace it with clean fill.
This Permit cannot be denied according to the Consent Decree filed with
the EPAi however, the City is conducting the public hearing to inform
the residents that these activities are being conducted on the site.
This is going to occur over the next few months, with the clean up of
the soils being done to residential standards.
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Commissioner Putnam asked if the reclamation included the replacement of
trees. Mr. Carlberg did not believe there are many trees on the site.
There is a provision for seeding the area so there is vegetative growth
to prevent erosion. Commissioner Apel noted it would be difficult to
know where to plant trees without knowing how the property will develop.
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Regular Andover Planning and Zoning Commission Meeting
Minutes - June 28, 1994
Page 5
(Public Hearing:
Continued)
Special Use Permit, South Andover Superfund Site,
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Terrv Huntsrod, CRA - stated they have just been granted access to the
site by the county, who is the overseer for the main parcel of land
which is tax forfeit~ They have reached an agreement with the county
that those areas that are vegetative now would be revegetated with
native grass. They will install sedimentation control across the site
as required by the Coon Creek Watershed and Army Corps of Engineers.
They have not yet selected the contractor, so they don't know for
certain how many trucks will be coming out of that site every day. They
anticipate no more than 30 trucks a day, though that is an estimate.
They expect to start work in mid-July and anticipate it will take two
months to complete with completion done the middle of September. He
would be surprised if the trucks left before 7 a.m. or worked past 5
p.m. He didn't anticipate they would be working weekends unless they
run into a rain delay. The soils taken off the site will be transported
to a secure landfill in Rosemount. The trucks will turn right from the
site onto Bunker Lake Boulevard to Highway 65. He talked to the county
about flag people; and their position is they will not require people
with flags but will recommend the contractor think about that. Grading
will bring the site back to the existing contours with clean material.
Most of what they are removing at the ATV site is not vegetated, and
that won't be revegetated. The top 1 1/2 to 2 feet will be removed.
Dust control on the site will be maintained. The contractor will be
responsible to keep the road clean. The trucks will be covered to
prevent spillage, as the soils are contaminated with lead and PCBs. Mr.
Carlberg suggested the hours of hauling be limited to Monday through
Friday unless otherwise approved by the City. This will allow the Staff
to extend the hours to Saturday if requested as a result of delays due
to inclement weather.
MOTION by Apel, Seconded by Jovanovich, to open the public hearing.
Motion carried on a 4-Yes (Squires, Apel, Jovanovich, Putnam), 3-Absent
(Dehn, Pease, Peek) vote. 7:55 p.m.
Barb Drabant, 13753 partridoe Street NW - asked approximately where the
trucks will be entering Bunker Lake Boulevard. Mr. Huntsrod stated it
will probably be just west of the ATV site. The trucks will go through
a decontamination pad to clean off any dirt before leaving the site.
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Ms. Drabant - stated that is right in her back yard. She asked if
anything is being done to protect the wetland and is there consideration
for the underground water, which is already contaminated. Mr. Huntsrod
stated this portion is only one-half of the remedial activity. There is
a ground water monitoring program where eleven wells have been sampled
twice a year for the last three years. If they see a problem with the
ground water, they will have to address it. They have done considerable
testing and have isolated the area where they consider it is hazardous
for residents to live. They are cleaning that up to the highest
standards. They will continue monitoring the wells for another three
years. If the results continue to be clean, EPA has the choice to stop.
If the results get dirty, something will decided at that point.
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Regular Andover Planning and Zoning Commission Meeting
Minutes - June 28, 1994
Page 6
(Public Hearing:
Continued)
Special Use Permit, South Andover Superfund Site,
Ms. Drabant - noted the traffic on Bunker Lake Boulevard is unbelievable
during the hours mentioned by Mr. Huntsrod. She was glad to hear the
trucks will be covered. Who can she contact if she has a problem. Mr.
Huntsrod suggested calling him at any time, or contacting the project
engineer who will be on the site at all times. He guessed there will be
a flag person on a temporary basis to stop traffic when the trucks come
out.
Ms. Drabant asked if there has been any consideration to maintaining
the roads. With the number of large trucks coming down Crosstown, the
road is now terrible. Mr. Huntsrod stated that is an issue the county
will address when approving the traffic permit. It is a public road on
which this is allowed. There is a provision if there is wear and tear
that they can come back to the contractor, but typically that is not
done.
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Debbie Sonnenberq, 2121 135th Lane NW - asked if the property will be
rezoned for development when the clean up is done. Mr. Carlberg
explained the property is already zoned Industrial. The City's intent
has been that that entire area would be redeveloped; however, he did not
anticipate there would be any zoning change.
Ms. Sonnenberq - asked if the property will go back to Mr. Heidelberger
and ATV. Mr. Carlberg stated ATV owns their property, and they would
have the ability to move back onto the site; however, the City is
looking into the possibility of acquiring some of the junkyard sites.
The other property is under the jurisdiction of the county because it is
tax forfeit. Chairperson Squires noted the Council has discussed the
issue of the junkyards and has been working to get that area cleaned up
and perhaps acquire some of them. It is an on-going item of discussion.
Mr. Carlberg also noted the City has environmental concerns and doesn't
want to acquire property with potential liabilities. The City will
continue to look at what should be done.
MOTION by Apel, Seconded by Putnam, to close the public hearing. Motion
carried on a 4-Yes (Squires, Apel, Jovanovich, Putnam), 3-Absent (Dehn,
Pease, Peek) vote. 8:08 p.m.
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MOTION by Apel, Seconded by Jovanovich, to send to the City Council for
its approval the Resolution granting the Special Use Permit request of
the South Andover Administrative Group as presented by Staff with the
following changes: On Condition 4, the hauling of materials shall be
limited to Monday through Friday, 7 a.m. until 6 p.m. unless otherwise
approved by the City. On No.8, mention that a flag person would be
present during hauling hours as per the agreement with the county. Add
Condition No. 11, trucks shall be covered pursuant to Federal
requirements. Motion carried on a 4-Yes (Squires, Apel, Jovanovich,
Putnam), 3-Absent (Dehn, Pease, Peek) vote. This will be placed on the
July 5, 1994, City Council agenda. 8:12 p.m.
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Regular Andover Planning and Zoning Commission Meeting
Minutes - June 28, 1994
Page 7
PUBLIC HEARING: SPECIAL USE PERMIT - FOSTER GROUP HOME IN A RESIDENTIAL
DISTRICT - LOT 16, BLOCK 4, TIMBER MEADOWS SECOND ADDITION _ KIM AND
DAYTON JAHN
8:12 p.m. Mr. Carlberg reviewed the Special Use Permit requested by
Steps of Success Homes (Dayton and Kim Jahn) to operate a group home for
10 to 14 girls, ages 12 to 17, on Lot 16, Block 4, Timber Meadows 2nd
Addition. The property is zoned R-1, single family rural. Steps of
Success Homes has been operating at 4100 160th Lane NW since 1991, and
the City has received no complaints on the operation. In February,
1994, they also received a Special Use Permit for this activity at 16676
Valley Drive NW; however, the purchase of the lot fell through. This is
the same set of circumstances except for different property. The State
does allow group foster homes as a permitted use in residential areas
with up to six adolescents or children. They have more than six in
their present location by Special Use Permit. This is a new development
of about 20 parcels, and no building permits have been issued for any of
the lots. Staff is recommending approval.
MOTION by Apel, Seconded by Jovanovich, to open the public hearing.
Motion carried on a 4-Yes (Squires, Apel, Jovanovich, Putnam), 3-Absent
(Dehn, Pease, Peek) vote. 8:16 p.m.
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Commissioner Apel noted because it is a new plat, there are no
complaints from neighbors. Mr. Carlberg stated he received no calls on
the public hearing notification to neighboring property owners. There
was no public testimony.
MOTION by Apel, Seconded
Motion carried on a 4-Yes
(Dehn, Pease, Peek) vote.
by Jovanovich,
(Squires, Apel,
8:18 p.m.
to close the public hearing.
Jovanovich, Putnam), 3-Absent
Commissioner Jovanovich asked if it is necessary to have the premises
inspected by the Health Department. Mr. Carlberg stated county, state
and health codes must be met for licensing. As a part of construction,
the Building Department will be reviewing it as well. Mr. Carlberg
stated the conditions in the proposed Permit are basically the same as
the last one they received.
MOTION by Putnam, Seconded by Jovanovich, the Resolution granting the
Special Use Permit of Steps of Success Homes to operate a group foster
home on the property legally described as Lot 16, Block 4, Timber
Meadows Second Addition, be sent to the City Council for approval with
all the additions that the Staff has prepared. Motion carried on a 4-
Yes (Squires, Apel, Jovanovich, Putnam), 3-Absent (Dehn, Pease, Peek)
vote. This will be heard by the City Council on July 19, 1994. 8:20 p.m.
o PUBLIC HEARING: SPECIAL USE PERMIT - PLANNED UNIT DEVELOPMENT _ 3155
BUNKER LAKE BOULEVARD NW - BRUCE AND DIANE DYNES
8:20 p.m. Mr. Carlberg reviewed the request of Bruce Dyne for a Special
Use Permit for a Planned Unit Development at 3155 Bunker Lake Boulevard
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Regular Andover Planning and Zoning Commission Meeting
Minutes - June 28, 1994
Page 8
(Public Hearing: Special Use Permit, PUD, Dynes, Continued)
NW. Mr. Dynes would like to reside on the premises and convert a
portion of the garage into a photo studio. The City Council has
reviewed the request and was generally favorable to the PUD concept as
long as it met the City standards. It appears the PUD is the best way
to proceed with this item. It is outside the limits of the Home
Occupation Ordinance, which limits the home occupation to 20 percent of
the liveable space. The conversion of the garage would exceed that
limitation. Also, the zoning to the west is commercial, and it is
surrounded by church property to the north and east. It is also located
on a busy county road. The City Attorney felt a PUD would fit in this
circumstance. Mr. Carlberg noted it is a unique parcel, and the PUD
allows the flexibility in its development. He also noted the applicable
ordinances and the criteria to be examined when granting a Special Use
Permit. Staff is recommending approval with the conditions noted on the
prepared Resolution.
MOTION by Apel, Seconded by Putnam, to open the public hearing.
carried on a 4-Yes (Squires, Apel, Jovanovich, Putnam), 3-Absent
Pease, Peek) vote. 8:26 p.m.
Motion
(Dehn,
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Bruce Dynes, Applicant - stated they will try to keep the integrity of
the property just as it is with the many trees and added landscaping.
He will modify the garage for a camera room. Commissioner Putnam asked
about signage. Mr. Carlberg stated any sign must meet ordinance
regulations, and any sign must be residential in nature for the zoning.
A small sign will be allowed.
Commissioner Putnam was concerned with keeping the residential character
and not turn it into commercial with the PUD process. Commissioner Apel
felt the PUD is a contract that Mr. Dynes must adhere to.
Mr. Dynes - stated he will talk with Staff about a sign. They want
enough of a sign to allow people to know they are there, but they want
to keep it very low key. Mr. Carlberg stated Staff will work with him
to be sure the sign complies.
Mr. Dynes - stated expediency is an issue. Mr. Carlberg stated this is
scheduled to be heard by the Council on July 19; however, he will see if
it can be scheduled for the July 5 Council meeting.
MOTION by Apel, Seconded by Putnam, to close the public hearing.
carried on a 4-Yes (Squires, Apel, Jovanovich, Putnam), 3-Absent
Pease, Peek) vote. 8:30 p.m.
Motion
(Dehn,
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MOTION by Apel, Seconded by Jovanovich, recommending that the Planning
and Zoning Commission forward to the Council the Resolution granting the
Special Use Permit request of Bruce Dynes for a Planned Unit Development
as prepared by Staff and recommend approval of the Resolution. Motion
carried on a 4-Yes (Squires, Apel, Jovanovich, Putnam), 3-Absent (Dehn,
peaser Peek) vote. 8:32 p.m.
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Regular Andover Planning and Zoning Commission Meeting
Minutes - June 28, 1994
Page 9
PUBLIC HEARING: SPECIAL USE PERMIT - GARAGE REPAIR IN AN I, INDUSTRIAL
DISTRICT - 1716 BUNKER LAKE BOULEVARD NW - ROBERT BENDTSEN
8:32 p.m. Mr. Carlberg reviewed the Special Use Permit requested by
Robert Bendtsen to operate a repair garage at 1716 Bunker Lake Boulevard
NW, the west half of Lot 3, Block 1, pankonin Addition. He noted the
applicable ordinances and criteria to be examined when granting Special
Use Permits. He also pointed out the Comprehensive Plan talks about the
redevelopment of this area with Tax Increment Financing Funds, and a
concern of the City has been the number of automotive related businesses
in this area. This use is permitted with a Special Use Permit. It is
an existing repair garage in an existing building where vehicles are
brought to the premises for repair.
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Robert Bendtsen - stated he started the business in 1987 in that same
building. Prior to that it was also the same type of business.
Northwest Transmission has been operating since 1987, and he has been
operating that since 1990. The previous City Planner, Jay Blake,
thought the transmission business was appropriate without a Special Use
Permit. All adjacent properties except for Kottke's Bus have Special
Use Permits on them for similar uses. Commissioner Apel felt
transmission repair is the same--it is auto repair. He didn't think the
policy of wanting to scale back the junkyards is the same as car repair,
and he didn't see anything in the ordinance or direction from the
Council that would cause him to deny this request. Mr. Carlberg again
reiterated the thinking of the City to redevelop that area and to reduce
the number of automotive related businesses.
Mr. Bendtsen - felt the automotive related businesses the Council has
been concerned about is the junkyards on that strip. His operation is
even cleaner than Andover Wheel and Frame. He is trying to make the
area look as nice as possible, trying to have a place that anyone in a
suit would come into. How many repair garages are there in Andover?
There is only one other. Mr. Carlberg stated repair garages are still
automotive related, as it is working on a vehicle.
Mr. Bendtsen - stated it is totally different in the service offered the
customer in the City. The Commission asked about the litigation against
Lund's Towing. Mr. Carlberg stated impound lots are not permitted or
allowed by Special Use in Andover, so that business has been operating
illegally. Chairperson Squires felt that is a different situation.
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Mr. Bendtsen - felt Lund's had no bearing on this issue. Commissioner
Apel felt the Council should discuss the policy on automotive businesses
at a meeting and make that policy clear. He did not interpret the
Council's motives as wanting to eliminate all automotive related
businesses, noting his interpretation is not the same as Mr. Carlberg's.
Mr. Carlberg pointed out the Comprehensive Plan talks about the
redevelopment of this area with Tax Increment Financing. The whole idea
has been to do something with the junkyards, clean up that area, and
bring in other commercial businesses.
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Regular Andover Planning and Zoning Commission Meeting
Minutes - June 28, 1994
Page 10
(Public Hearing: Special Use Permit, Repair Garage, I District,
Berndtsen, Continued)
Mr. Bendtsen - stated he is trying to continue operating in the building
until he can sell it. As that corner develops with the service road and
other businesses coming in, it becomes expensive and someone will want
to buy him out. He wants to operate the business he already has until
that happens. Mr. Carlberg stated the Commission does not have a
recommendation from Staff. Chairperson Squires stated this should not
become a personal issue and did not feel the Commission has been steered
one way or the other. Commissioner Apel still felt the Council's policy
has been to deal with the junkyards.
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Mr. Bendtsen - stated he is not a junkyard related operation. He
usually has relatively new vehicles. He does a lot of dealer work.
Cars are always behind the fence at night. Since he got the place in
1987, he has cleaned it up and put up nice signs. It will look even
better when the frontage road gets put in. Just because it is
automotive related doesn't provide a reason to get rid of it. He
doesn't store vehicles for more than a few days. Most of the time
people want their vehicles back right away.
MOTION by Jovanovich, Seconded by Putnam, to open the public hearing.
Motion carried on a 4-Yes (Squires, Apel, Jovanovich, Putnam), 3-Absent
(Dehn, Pease, Peek) vote. 8:45 p.m.
There was no public testimony.
MOTION by Apel, Seconded
Motion carried on a 4-Yes
(Dehn, Pease, Peek) vote.
by Jovanovich,
(Squires, Apel,
8:46 p.m.
to close the public hearing.
Jovanovich, Putnam), 3-Absent
The Commission asked about the hours of operation. Mr. Bendtsen stated
he works from 6 a.m. to 6 p.m. and Saturdays from 9 a.m. to 1 p.m.. The
Commission noted the noise ordinance is in effect until 7 a.m., though
there is no residential area around the business. Chairperson Squires
did not know the background of the underlying policy behind moving the
automotive related uses, whether repair garage or junkyard, out of this
area; but he agreed with Commissioner Apel, not knowing anything outside
of general policy on automotive related uses. According to the
ordinance, it seems this is the type of use the City would recommend for
approval. Commissioner Putnam felt this type of business is needed.
MOTION by Apel, Seconded by Jovanovich, that the Planning Commission
recommend to the City Council approval of the Special Use Permit
requested by Robert Bendtsen to operate a repair garage located at 1716
Bunker Lake Boulevard NW, PIN 34-32-24-41-0003.
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The Commission finds the request meets the criteria established in
Ordinance No.8, Section 5.03, including: the use will not be
detrimental to the health, safety, morals or general welfare of the
community, the use will not cause serious traffic congestions or
hazards, the use will not depreciate surrounding property and the use is
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Regular Andover Planning and Zoning Commission Meeting
Minutes - June 28, 1994
Page 11
(Public Hearing: Special Use Permit, Repair Garage, I District,
Berndtsen, Continued)
in harmony with the Comprehensive Plan. Add the following conditions to
the Resolution:
1. The Special Use Permit will be subject to a sunset clause as
defined i~ ordinance No.8, Section 5.03(0).
2. The Special Use Permit will be subject to annual review and site
inspection.
3. The applicant must secure a Hazardous Waste Generator's License
from Anoka County and provide proof to the City.
4. The site shall be subject to meeting the requirements of Ordinance
No.8, Section 8.08, Parking.
5. The building shall be inspected by the Andover Fire Marshal and
the Building Official for code compliance.
6. Hours of operation shall be Monday through Friday, 6 a.m. to 6
p.m., and Saturday, 9 a.m. to 1 p.m.
Add a WHEREAS, to the Resolution, that a public hearing was held and
there was no opposition.
Motion carried on a 4-Yes (Squires, Apel, Jovanovich, Putnam), 3-Absent
(Dehn, Pease, Peek) vote. This will be placed on the July 19, 1994,
c=> City Council agenda. 8:48 p.m.
PUBLIC HEARING: MAJOR AMENDMENT TO THE COMPREHENSIVE PLAN FOR SEWER
SHERIFF'S SUBSTATION - BUNKER LAKE BOULEVARD NW - ANOKA COUNTY
8:48 p.m. Mr. Carlberg explained the Commission is asked to review and
approve the proposed amendment to the Comprehensive Plan for MUSA
expansion totalling 155 +\- acres to allow the Anoka County Sheriff's
Department to construct a substation on the southeast corner of Hanson
Boulevard NW and Bunker Lake Boulevard NW. City sewer is needed to
construct the facility. The information on the proposed amendment will
be submitted to the Metropolitan Council for their review. This is an
institutional type use and will not have a major impact on the systems
reviewed by the Metropolitan Council. He expected this will be approved
by the Metropolitan Council on their consent agenda. The reason such a
large area is being requested is if there are future plans for other
types of county structures, the City will not have to continually go
back to amend the Comprehensive Plan again. Eventually, this park area
that is outside the MUSA will become an island. The park area to the
east probably won't be developed, but it is possible other small county
buildings would be placed in this 155 acres. The Sheriff's Substation
will take 15 to 20 acres.
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Chairperson Squires said it is strange if the proposed substation will
take about 15 acres that the City would look at including another 140
acres. Are there plans by the county for a large county complex there?
Mr. Carlberg did not anticipate there would be major facilities at that
location. The idea for the additional acres is if they want to construct
other small governmental buildings, sewer would then be available. All
of the property, including the park, is held by Anoka County.
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Regular Andover Planning and Zoning Commission Meeting
Minutes - June 28, 1994
Page 12
(Public Hearing: Major Amendment to Comp Plan for Sewer, Sheriff's
Substation, Bunker Lake Boulevard, Anoka County, Continued)
Chairperson Squires recalled when SuperAmerica was coming to that area
that there was discussion in detail of the uses at that intersection.
He recalled the southeast corner was to remain as is; and that with the
approval of the two service stations, that would take care of that
corner. Mr. Carlberg stated the substation would benefit the health,
safety and general welfare of the Andover residents. Chairperson
Squires was not obj ecting to the concept of the substation. He
questioned if this is the appropriate area. Commissioner Putnam stated
it is hard to envision what kind of uses would be high impact that the
county would have other than a government center, and that seems
unlikely since a lot of money has been spent in down town Anoka.
Chairperson Squires questioned the request for so much excess property.
Will the Metropolitan Council hold it against the City in future
allocations? Mr. Carlberg stated no, incorporating MUSA for
institutional uses will not count against the City's residential
development.
MOTION by Putnam, Seconded by Jovanovich, to open the public hearing.
Motion carried on a 4-Yes (Squires, Apel, Jovanovich, Putnam), 3-Absent
c=) (Dehn, Pease, Peek) vote. 9:00 p.m.
There was no public testimony.
MOTION by Apel, Seconded by Jovanovich" to close the public hearing.
Motion carried on a 4-Yes (Squires, Apel, Jovanovich, Putnam), 3-Absent
(Dehn, Pease, Peek) vote. 9:01 p.m.
Mr. Carlberg explained the county will go through the commercial site
plan process when constructing the Sheriff's Substation. Chairperson
Squires stated if the process is as simple as Mr. Carlberg implied, and
typically this type of amendment is on the consent agenda of the
Metropolitan Council, he didn't see a reason to include the extra 140
acres in this application and open the door in the MUSA when the City
can easily do that in the future if the county has other proposals to
present to the City. He would support the amendment for the substation
area, but not for the whole thing. Commissioner Jovanovich agreed. Mr.
Carlberg explained typically there are no islands of property not in the
MUSA; all parks are included in the MUSA area. There is no issue of
impact on the systems. Commissioner Putnam stated if that is the case,
then this amendment should be taken to the City's boundary to the east.
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MOTION by Apel, Seconded by Putnam, recommending that the Planning and
Zoning Commission send to the City Council with the recommendation of
approval the amendment to the Comprehensive Plan for the MUSA service
area expansion totalling 155 +/- acres as the Sheriff's Department
wishes to construct a substation on the southeast corner of Hanson
Boulevard and Bunker Lake Boulevard, as presented by Staff. Motion
fails on a 2-Yes (Apel, Putnam), 2-No (Squires, Jovanovich), 3-Absent
(Dehn, Pease, Peek) vote. This will go to the City Council with no
recommendation on July 5, 1994. 9:10 p.m.
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Regular Andover Planning and Zoning Commission Meeting
Minutes - June 28, 1994
Page 13
DISCUSSION - THERAPEUTIC MASSAGE AS A HOME OCCUPATION
Mr. Carlberg noted the information provided the Commission on
therapeutic massage and ordinances from other cities regulating it. The
issue is whether it is an appropriate use as a home occupation and
possibly as a commercial use in a commercial district.
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Cara Geist, 13464 Jonquil Street NW addressed the Council and
introduced Gayle Burdick, Vice President of Law and Legislation of the
American Massage Therapy Association, and Sara Bonfig, life-time Andover
resident and third-term student where she is also attending. She was
there to answer questions. Commissioner Apel felt the activity is much
more personal when going to someone's house. The real problem is the
perception of what goes on with this acti vi ty, and it is mostly
negative. The sexual aspect of it is what most people are afraid of. It
appears the occupation is on its way to becoming State regulated,
likening it to where chiropractors were 25 years ago. He would have no
problem with it being a home occupation since reasonable conditions can
be placed in the ordinance. He felt it is the same as people getting
their hair fixed in someone's home. It is an excellent way for someone
who needs an income to do so as a home occupation. He favored an
ordinance similar to St. Paul where it is allowed as a home occupation,
giving the City the power to protect the citizens against what is
perceived as an obscene activity.
Chairperson Squires agreed, relating an analogy of the Coon Rapids
Planning Commission grappling with either not allowing an activity as a
home occupation altogether or allowing it with appropriate conditions
and go after the ones who do not run the operation appropriately. They
decided to allow it. He would like to see therapeutic massage allowed
as a home occupation with specific standards. Commissioner Putnam felt
there is enough information from the ordinances received to develop one
for Andover, plus use the information from the American Massage Therapy
Association. Mr. Carlberg stated one of the concerns is that the
profession is not licensed by the State. Commissioner Apel felt
standards could be incorporated into the ordinance and the City can do
its own investigation and control when issuing a Special Use Permit.
Commissioner Jovanovich asked if chiropractic services would be allowed
as a home occupation. Mr. Carlberg stated not according to the
ordinance. Commissioner Jovanovich stated she tried to find other
therapeutic massage businesses in the phone book, but could not find
any.
Ms. Geist - stated some do work in chiropractic offices. Some practice
in their homes; others work in health clubs.
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Ms. Burdick - stated most of them do not advertise in the yellow page
because they have not been able to convince the directory to list them
under the separate category of Therapeutic Massage. In order to
advertise in the yellow pages, it must be under Massage Parlor; and they
do not like getting obscene phone calls. A few states have regulated
that and allow them to advertise under therapeutic massage. If they do
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Regular Andover Planning and Zoning Commission Meeting
Minutes - June 28, 1994
Page 14
(Discussion - Terapuetic Massage as Home Occupation, Continued)
advertise, it is in the medical magazines or local neighborhood
newspapers. If the City's major concern is regulation of prostitution
in terms of protecting the public, what some cities have done in other
states is write a very basic massage parlor law, and within that write
an exception that anyone with this number of hours of education in these
areas is exempt. This regulates the people doing the illicit activities
who have to jump through the hoops, where it would become easier for the
legitimate practitioners. Through the American Massage Therapy
Association there are guidelines for setting up that kind of ordinance,
and she offered to provide that information if the City is interested.
Another thing in terms of protecting the public from prostitution is
simply setting an education standard. A SOO-hour program takes about 8
months to 1 1/2 years and costs $4,000 to $6,000. Prostitutes will not
do that. Educational standards are the best way to protect the public
because prostitutes will not meet those standards, plus the City will
have well-educated professionals who know how to deal with the public.
Ms. Burdick also provided Mr. Carlberg with a copy of the current year's
copy of the information on the National Certification Exam for
Therapeutic Massage and Body Work which has been in existence for two
years. Currently 19 states, and very soon to be 21, have state
ordinances; and many states are revising their ordinances to make this
(~) national certification exam the way to qualify for a license. The City
- of St. Paul did include that as one of two ways to qualify for a
license. They also contact the massage schools in the Twin Cities area
for their exams which one must pass to qualify for a license. Starting
in 1995, in order to even qualify to take the national exam, a person
will have to have 500 hours of education. She continued they are at the
stage of becoming an emerging profession, and she provided a brief
background of how it emerged from the massage parlors at the turn of the
century to today's profession. As people are becoming more interested
in nonevasive health care, massage therapy has become the third most
popularly used form of alternative health care behind chiropractic and
biofeedback. She felt it behooves Andover to treat massage therapy as
the profession that it is while also securing protection for its
citizens.
The Commission asked Mr. Carlberg to present some specific proposals
incorporating massage therapy as a home occupation and as a use in
commercial areas using the standards borrowed from the other cities.
MOTION by Apel, Seconded by Jovanovich, to adjourn. Motion carried on
a 4-Yes (Squires, Apel, Jovanovich, Putnam), 3-Absent (Dehn, Pease,
Peek) vote. The meeting adjourned at 9:27 p.m.
~--.....
Respectfully submitted,
~~1=~
Recording Secretary
".J