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HomeMy WebLinkAboutDecember 13, 1994 u u ~ \[lo1Cl5 "- \ '---.-/ '<~(rJ-::::'f\<::''';''''':'':''''''~''::'' ."'-" \'1!1 ~I~f'i_'~, d ' \\~ :! ',;;. ,~, )(;l CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.w. . ANDOVER. MINNESOTA 55304. (612) 755-5100 ''':"= "'~"''''-'''''''' PLANNING AND ZONING COMMISSION MEETING - DECEMBER 13, 1994 MINUTES The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Jay Squires on December 13, 1994, 7:05 p.m. at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Maynard Apel, Bonnie Dehn, Bev Jovanovich, Randy Peek, Jerry Putnam Becky Pease City Planning Director, David Carlberg Others Commissioner absent: Also present: APPROVAL OF MINUTES November 22, 1994: Page 15, Motion by Apel, change vote to "Motion carried on a 4-Yes, 1-No (Dehn), 2-Absent (Pease, Peek) vote." ~J MOTION by Jovanovich, Seconded by Dehn, corrected. Motion carried on a 5-Yes, (Pease) vote. to approve the Minutes as 1-Present (Peek), 1-Absent PUBLIC HEARING: SPECIAL USE PERMIT - HOME OCCUPATION IN AN ACCESSORY STRUCTURE - 2439 SOUTH COON CREEK DRIVE - ROBERT PADDOCK 7:02 p.m. Mr. Carlberg reviewed the request of Robert Paddock to operate a home occupation in an accessory structure at 2439 South Coon Creek Drive. The property is zoned R-4 and is approximately 5.4 acres. Mr. Paddock, whose occupation is to build fireplace surrounds and some cabinetry, wants a horne-based business due to his family's health needs. The question is whether the request meets the intent of the City's ordinance. He provided a copy of the Council's concerns with allowing some home occupations in accessory buildings as discussed at the May 17, 1994, regular meeting. The City has approved two or three other Permits that have been similar in nature having to do with woodworking and cabinetry. Mr. Carlberg reviewed the applicable ordinances and criteria to be examined. If the Commission chooses to recommend approval, he suggested 12 conditions be added to the Permit. :J Commissioner Peek questioned the limitations on the size of accessory structures in an R-4 zone. Mr. Carlberg stated even though this is an R-4 zone, it is outside the MUSA where total coverage of all structures is considered. That is not exceeded in this case. He then reviewed several Special Use Permits that have been granted in the last two to three years that have been similar in nature. No complaints have been received on any of those activities. They are all on large lots and the applicants had talked to the neighbors prior to the activity. The reason for the concern is whether the woodworking and cabinetry activity is outside of the intent of the ordinance. \ , ) , \ "~ . \ U o Regular Planning and Zoning Commission Meeting Minutes - December 13, 1994 Page 2 (Public Hearing: Special Use Permit, Horne Occupation, 2439 South Coon Creek Drive, Continued) MOTION by Dehn, Seconded by Putnam, to open the public hearing. Motion carried on a 6-Yes, 1-Absent (Pease) vote. 7:15 p.m. Robert Paddock - stated he lives in Anoka right now and has been doing this for five years. In August he became aware of the need for a Permit in Anoka, but their ordinance specifically excludes carpentry work as a home occupation. He lives along the Mississippi River in an urban setting and has been doing this full-time for 1 1/2 years. Many of his neighbors didn't even know he was operating the business except the very close ones which he talks to. Noise has not been a problem. He feels it is necessary that he work out of his home. He has not had an employee yet; but because of his wife's health, he felt he may need one other person at some point. There is very little traffic. He expected a Speedy Delivery or UPS truck once a week and a lumber truck about once every three months. He does not do retail work, even discouraging it, other than by word of mouth. All orders are taken by fax and billed by mail. ') / In response to questions by the Commissioners, Mr. Paddock stated he had hoped to use the entire accessory structure for the business; but he now realizes he can only use 800 square feet of it. The building is already partitioned off. It is a stick frame garage which he will need to insulate, heat and make some modifications. He is planning to purchase the property contingent upon approval of this Permit. There would be no outside storage. The only vehicle is a half-ton pickup which is his personal vehicle used for deliveries. The buildings on the lot are 300 feet off the street and are quite secluded with a lot of vegetation all around. He did not see a problem with scrap material. What is not burned for heat is disposed in the regular dumpster. He has not had a problem of exceeding the disposal limit. He does not generally have specific hours of operation. It depends on the family activities. He likes to get the children off to school in the morning, so he may start at 10 a.m. It is unusual to work in the evenings; and if he does, it is not beyond 10 p.m. He asked if the hours of operation must be stipulated. Commissioner Apel felt in a situation such as this, it is not necessary to stipulate hours of operation. The reason for the home-based operation is to have that flexibility. As long as there is no noise problem, he didn't feel the City should be dictating hours of operation in this case. Mr. Carlberg noted there are other ordinances that would cover problems that may arise from the hours of operation such as the Noise Ordinance regulating noise from 10 p.m. to 7 a.m. The City is not required to stipulate hours of operation. In looking at other similar requests, the only difference is the zoning designation. This is R-4, though it is large acreage. MOTION by Dehn, Seconded by Jovanovich, to close the public hearing. Motion carried on a 6-Yes, 1-Absent (Pease) vote. 7:25 p.m. '" ) \ '-.J Regular Planning and Zoning Commission Meeting Minutes - December 13, 1994 \ Page 3 J (Public Hearing: Special Use Permit, Home Occupation, 2439 South Coon Creek Drive, Continued) Commissioners Peek, Apel and Dehn pointed out the request is consistent with the interpretation of the ordinance in the past when similar uses were granted. They also felt that the conditions proposed would cover any of the problems that may arise. Commissioner Jovanovich had a concern with these types of businesses located in a residential area. She noted Brooklyn Center has an industrial area where small businesses can rent space. Andover does not have such an area where small businesses can go. Commissioner Apel argued in this case the applicant wants to be close to his family because of health problems. Forcing them to rent space in an industrial area overlooks the major reason why people want home occupations. He also noted that concept has been tried in other places and were unsuccessful. People want home occupations for convenience and economic considerations. Once they have to take on the overhead of rent, the occupation fails. He felt the Special Use Permits can take care of any concerns that may arise. Commissioner Jovanovich has seen small industrial areas with rental space be successful, and such an industrial area also adds to the tax base. Commissioner Peek stated the City has a relatively liberal home occupation ordinance in that it is willing to allow the residential area as an incubator for small businesses. Mr. Carlberg noted once the business exceeds the requirements of a home occupation, then it would be appropriate to move into a commercial area. J Chairperson Squires was concerned with the language in the ordinance. It appears the woodworking and carpentry uses are conducive to the larger lot areas, and they have been allowed. He thought the Commission should suggest to the Council that a provision be included in the ordinance allowing things like this in large-lot areas, perhaps irrespective of zoning. He isn't necessarily opposed to the application; but it is another situation where the "repair" category doesn't fit. The Commission generally agreed but noted that direction should come from the elected officials. In discussing the issue further, Mr. Carlberg stated he receives few complaints on home occupations that have received Special Use Permits. He agreed an amendment is needed to the ordinance to allow the carpentry and cabinetry work to a degree. / Commissioner Dehn asked if it would be appropriate to add a provision to allow crafts and other cottage industries as home occupations as well as carpentry. The Commission felt that would be too broad. Care must be taken not to open it up to uses that the City does not want. MOTION by Peek, Seconded by Apel, that the Planning and zoning Commission forward to the Andover City Council the recommendation for approval of the Special Use Permit requested by Robert Paddock to operate a home occupation, which is to build fireplace surrounds and miscellaneous cabinetry, to be conducted in an existing accessory structure located at 2439 South Coon Creek Drive, legally described as The East 496.5 feet as measured along the South line thereof, of the Southeast Quarter of the Northeast Quarter of Section 28, Township 32, Range 24, lying South of the centerline of County Ditch No. 57, also " \ ,/ J -J \ Regular Planning and Zoning Commission Meeting Minutes - December 13, 1994 Page 4 / (Public Hearing: Special Use Permit, Home Occupation, 2439 South Coon Creek Drive, Continued) known as Coon Creek, Anoka County, Minnesota. The Commission finds that the request meets the intent of the criteria established in Ordinance No.8, Section 4.30 and 5.03. The Commission also finds that the use is permitted by special use under Ordinance No.8, Section 7.03, Residential Districts. The public hearing was held and there was no negative comment. Testimony was given by the applicant. The Special Use Permit shall contain the following conditions, No. 1-12 contained in the packet. Add No. 13 that the Special Use Permit is contingent upon the purchase of the property by Mr. Paddock. Motion carried on a 6-Yes, I-Absent (Pease) vote. MOTION by Peek, Seconded by Jovanovich, that the Planning Commission forward a request to the City Council for consideration of Ordinance 8, Section 4.30, Home Occupations, to receive direction since we have had three similar applications for this type of use within the last 18 months, that it should be studied to review the ordinance to accommodate. Motion carried on a 6-Yes, I-Absent (Pease) vote. 7:38 p.m. Mr. Carlberg noted this will be placed on the January 3, 1995, City Council agenda. ) OTHER BUSINESS Mr. Carlberg updated the Commission on the actions taken by the City Council on Planning Commission items at its December 6, 1994, meeting. Mr. Carlberg noted the terms of Chairperson Squires and Commissioner Apel expire on December 31, and they have reapplied for their positions. The Council chose not to appoint new Commissioners to allow the new Council to do so. In addition, Commissioner Dehn has resigned her position, which must be filled. The ordinance states the Commissioners are to continue to serve until reappointed or the position is filled. Mr. Carlberg stated there is one item for the if the applicant is willing to hold the item December 27 meeting will be cancelled. Commissioners when the decision is made. December 27 meeting; and over until January, that He will contact the Commissioner Jovanovich had pictures of a housing development built among high power lines in Tacoma, Washington. People have been experiencing problems with garage doors opening and closing, lights going on and off, etc., as a result of the power lines being 40 feet from houses and garages. The City has since changed their ordinance / Commissioner Dehn stated she has received calls complaining about snowmobiles. Mr. Carlberg stated the Council has requested the Commission review the ordinance again. The biggest issue is in the urban area. A public hearing is scheduled for January 10 to receive public testimony on the ordinance. The Commission asked that the hearing be well publicized and that the snowmobile clubs be contacted. \ " / Regular Planning and Zoning Commission Meeting Minutes - December 13, 1994 '\ Page 5 j MOTION by Dehn, Seconded by Jovanovich, to adjourn. a 6-Yes, I-Absent (Pease) vote. The meeting was adjourned at 7:50 p.m. Respectfully submitted, ~~a;;~ Recording Secretary I Motion carried on