HomeMy WebLinkAboutApril 13, 1993
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CITY of ANDOVER
PLANNING AND ZONING COMMISSION MEETING - APRIL 13, 1993
MINUTES
The Regular Bi-Monthly Meeting of the Andover Planning and Zoning
Commission was called to order by Chairperson Bonnie Dehn on April 13,
1993, 7:30 p.m. at the Andover City Hall, 1685 Crosstown Boulevard NW,
Andover, Minnesota.
Commissioners present:
Maynard Apel, Steve Jonak, Bev Jovanovich,
Marc McMullen, Becky Pease, Randy Peek
None
City Planner, David Carlberg
Others
Commissioners absent:
Also present:
APPROVAL OF MINUTES
March 23, 1993: Correct as written.
MOTION by Peek, Seconded by Apel, approval of the Minutes as presented.
Motion carried on a 5-Yes, 2-present (Peek, McMullen) vote.
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PUBLIC HEARING: SPECIAL USE PERMIT - HOME OCCUPATION IN AN ACCESSORY
STRUCTURE, 16526 HANSON BOULEVARD NW, JEROME PIKUS
7:32 p.m. Mr. Carlberg reviewed the Special Use Permit request of
Jerome pikus to operate a moulding business as a home occupation in an
accessory building. The property is secluded and heavily wooded, with
natural screening surrounding it. The request meets the ordinance
requirements, though the Staff is concerned as to whether or not the
business meets the intent of the home occupation uses defined in
Ordinance No.8, Section 4.30. If the Planning Commission recommends
approval, Staff has proposed 12 conditions to be added to the Permit.
The hearing was opened for public testimony.
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Jerome pikus, 16526 Hanson Boulevard - stated he makes wood mouldings
for kitchen cabinets, etc., and he provided samples of the work done. He
does not compete with people who make the casings but make short runs on
a custom basis. He does this same thing right now in Coon Rapids but is
looking to sell the building there and scale down the business. He will
keep a few pieces of equipment to use. He has one immigrant employee
with hours of operation between 8 a.m. and 4 p.m. Mr. Pikus explained
he has only two customers who drop off the materials once or twice a
month and then pick up the product twice a month. Pickups and deliveries
are usually made with trucks similar to lumber trucks. The work is very
precise and custom work, and he does not carry any inventory. The solid
debris is picked up by the customers who use it for burning. The
sawdust is used by those with horses for bedding. He too plans to have
horses in the building and will be using the sawdust. The accessory
structure will be heated with a geothermal heat pump.
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Regular Andover Planning and Zoning Commission
Minutes - April 13, 1993
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(Public Hearing: Special Use Permit, Home Occupation, J. Pikus, Cont.)
The Commission discussed the Staff's concern of whether or not the
proposed use falls into the definition of home occupation uses. It was
suggested the intent is to eliminate the heavy industrial uses as a home
occupation; however, Commissioner Apel felt the running of this
equipment would probably not be any louder than a chain saw, which some
felt was acceptable. Commissioners Peek and Janak were concerned that
the proposed use is not a service or repair but is a production. Though
they did not have a problem with the proposal, they felt it does not
meet the ordinance definition.
Chairperson Dehn raised the issue of additional truck traffic along
Hanson Boulevard. Others noted many sod trucks already use the road,
feeling a few more trips by lumber trucks would be insignificant.
MOTION by Apel, Seconded by McMullen, to close the public hearing.
Motion carried unanimously.
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The Commission discussion continued on the definition of home
occupations. It was noted that another home occupation in an accessory
building was allowed which makes pottery, arguing that can be considered
a production. Mr. Carlberg stated that was considered an art studio.
Commissioner Peek suggested it may be appropriate to add "woodworking"
to the definition of home occupation uses. Commissioner Jonak felt the
ordinance definition may need to be expanded to include manufacturing
such as moulding, computers, pottery, etc., which would not be offensive
in a residential area. Others felt there is a broad range in the
"similar uses" portion of the definition under which this proposed use
would fit.
Mr. Pikus - reviewed the equipment to control the dust and the OSHA
restrictions and standards that he would be following with regard to
safety and noise levels. The noise level is required to be at a
comfortable listening level. He expects to start constructing the
accessory building the end of May.
MOTION by Apel, Seconded by McMullen, that we recommend to the City
Council approval of the Special Use Permit request for the home
occupation at 16526 Hanson Boulevard based upon the criteria established
in Ordinance 8, Section 4.30, those criteria are enumerated on Page 2 of
the Staff Report: 1) The proposed use does not effect the health,
safety, morals and general welfare of the City, though Staff is
concerned with the noise that will be generated from the operation of
the machinery and the dust collector. 2) There should be no negative
impact on the surrounding properties. 3) The use is consistent with the
Comprehensive Plan and determined to be an allowed use. 4) There is no
impact on governmental facilities and services, though fire protection
may become more important with the nature of the operation. 5) The use
should have no negative effects on the sensitive environmental features.
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The use that the Special Use Permit allows should have no negative
effects on any of these. The Staff has recommended that if we approve
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Regular Andover Planning and Zoning Commission
Minutes - April 13, 1993
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(Public Hearing: Special Use Permit, Home Occupation, J. pikus, Cont.)
a Special Use Permit that we should add some conditions. These
conditions are enumerated on Page 3, Items 1-12. I would make those
conditions a part of the recommendation for approval. A public hearing
was held and there was no opposition. Mr. pikus did contact the
neighbors and they had signed a letter we received indicating they
approve of the use. Add Condition No. 13, Hours of operation to be
between 8:00 a.m. and 4:30 p.m. per Mr. pikus.
vote on Motion: YES-Dehn, Apel, Jovanovich, McMullen, Pease; NO-Jonak,
Peek. Motion carried. This will be placed on the May 4, 1993, City
Council agenda. 8:07 p.m.
PUBLIC HEARING: SPECIAL USE PERMIT - COMMERCIAL GREENHOUSE IN AN R-l
DISTRICT, 14817 ROUND LAKE BOULEVARD NW, JIM AND JANE KNOLL
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8:07 p.m. Mr. Carlberg reviewed the Special Use Permit requested by Jim
and Jane Knoll to operate a commercial greenhouse at 14817 Round Lake
Boulevard. Of all the criteria used to grant the Permit, Staff is
concerned with the traffic conditions and parking facilities required on
site. The question is whether this now becomes a commercial operation
and the parking facilities must be brought into compliance with the
ordinances. That would require hard surface parking lot, striping,
curbing, drainage, etc. If the Commission recommends approval of the
Permit, Staff is recommending three conditions be added to the Special
Use Permit. There is no definition of a greenhouse in the zoning
ordinance. Chairperson Dehn stated it is agriculture versus commercial.
Agriculture would be to raise and sell one's own products. A greenhouse
may do that as well, but also brings in other products for resale. Mr.
Carlberg also explained the Knolls wanted to operate an antique store,
but the ordinance only allows antique sales in an R-4 district within a
building registered for historical significance.
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The hearing was opened for public testimony.
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Jim Knoll, 3339 157th Avenue NW - stated there is an existing home on
the property and a renovated cabin which was rented at the time he
purchased the property. They have nothing to do with the Special Use
Permit. He purchased the property from the Bensons one year ago with
the original intent of an antique gift shop in the loft and selling
vegetables he produces out of the lower level. In talking with the
Building Official, the antique sales portion has been tabled. Currently
they are operating by selling their own products. The Permit will allow
him to bring in potted plants, hanging baskets, etc., to expand his
product line. The building has been inspected by the Building Official
and approved for public occupancy. This year he will be putting up a
temporary 30 x 40' greenhouse the last week in April and in May to house
the bedding plants, similar to what is done at the grocery stores. The
building will be removed, so technically is not a growing greenhouse at
this time.
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Regular Andover Planning and zoning Commission
Minutes - April 13, 1993
Page 4
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(Public Hearing: Special Use Permit, Greenhouse, J. Knoll, Cont.)
The Commission raised some concern about the traffic and parking. Mr.
Knoll - stated there is no reason for anyone to have to park near or on
Round Lake Boulevard. It is a large yard with crushed limestone. There
are no mud puddles or washouts. They have had up to 20 cars in the yard
with no problems. It is a high area with no one near so they would not
infringe on anyone's rights. He would like to stay out of the producing
end of the business for as long as possible. He'd rather purchase the
products from other greenhouses, bring them to his facility and sell
them. He anticipated he would not grow in excess of 10 percent of what
he sells unless there is no other way he can stay in business.
MOTION by McMullen, Seconded by Apel, to close the public hearing.
Motion carried unanimously.
The Commission discussed the issue raised on the conditions to be
required for the parking. Commissioner Apel noted the request is really
no different than what has been done on the site except this will extend
the season. Therefore, it should not affect the traffic. This type of
business is expected in that area of the City. It was also his opinion
that the City should not force the blacktopping of the parking lot in a
residential area for a few cars to park. It takes away the ambiance of
) the residential area, plus blacktop could potentially create a problem
for a future owner who does not wish to continue the commercial
operation. Others agreed, feeling if the parking lot becomes a problem,
the owner will want to upgrade it in the interest of retaining
customers. The condition of the parking lot can also be reviewed at the
annual inspection by Staff and recommendations made if necessary.
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There was a question on the facilities to be used on site. Mr. Knoll -
stated the Building Official agreed the facilities are appropriate.
There will be a sink inside for washing and a satellite outside. The
lower level, which is the floor he will do business out of, is
accessible to the disabled. He also noted the area is three acres of
highland that drains to the area around. There has been no problem with
the condition of the parking lot.
MOTION by Apel, Seconded by McMullen, to send to the City Council a
recommendation of approval of a Special Use Permit at 14817 Round Lake
Boulevard. The recommendation for approval is based on the fact that
the criteria for granting a Special Use Permit, namely those items
listed on Page 1 of the Staff Report, that the granting of the Special
Use Permit will not have a detrimental effect on these four items. The
Staff is also recommending that we have some conditions added to the
Special Use Permit. The first condition listed on Page 2 is the annual
review. The second is that it would be subject to a sunset clause as
specified in Ordinance No.8, Section 5.03(0) unless a renewal is
granted by the City Council. We discussed the parking and the
facilities, and apparently the Building Department, Mr. Almgren, has
taken care of it fairly effectively. A public hearing was held with no
opposition. Motion carried unanimously. This will be placed on the May
4, 1993, City Council agenda. 8:32 p.m.
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Regular Andover Planning and Zoning Commission
Minutes - April 13, 1993
Page 5
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OTHER BUSINESS
Mr. Carlberg reported Staff will be going before the Committee of the
Whole at the Metropolitan Council this Thursday to discuss the City's
proposal for interim development while working on the Highway 10
Transportation issue. They are then going before the Metropolitan
Council Board on April 22.
Mr. Carlberg also reported Staff is holding a meeting at City Hall on
April 22, 1993, with developers, contractors, and builders to explain
the regulations regarding the Tree Ordinance, Tree Preservation policy,
new wetlands legislation, erosion control, etc.
Mr. Carlberg summarized the Council's actions taken at their regular
meeting on April 6.
There being no further business, Chairperson Dehn declared the meeting
adjourned at 8:42 p.m.
Respectfully submitted,
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Recording Secretary
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