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HomeMy WebLinkAboutSeptember 28, 1993 (J ~ C) o o ~ CITY of ANDOVER PLANNING AND ZONING COMMISSION MEETING - SEPTEMBER 28, 1993 MINUTES The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Bonnie Dehn on September 28, 1993, 7:30 p.m. at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Maynard Apel, Bev Jovanovich, Becky Pease, Randy Peek, Jerry Putnam, Jay Squires None City Planner, David Carlberg Others Commissioners absent: Also present: APPROVAL OF MINUTES September 14, 1993: Correct as written. MOTION by Apel, Seconded by Peek, to accept the September 14 Minutes as written. Motion carried on a 6-Yes, I-Present (Pease) vote. DISCUSSION - REPAIR GARAGES (TIRE SERVICE) IN RESIDENTIAL DISTRICTS Mr. Carlberg explained the Zoning Ordinance adopted in January, 1971, does not allow repair garages by special use or permitted use; and he reviewed the definition of repair garages. He also referenced the research of other communities, none of which allow repair garages in residential districts. Staff has come to the conclusion that Andover's ordinances for home occupations is one of the most flexible and lenient, as most communities do not allow home occupations in attached or detached garages. Staff does not recommend any changes to the Zoning Ordinance that would allow repair garages in residential districts. Mr. Carlberg stated he has prepared a Resolution relating to Crooked Lake Tire which he has forwarded to the City Attorney; however, the Attorney has not yet responded. Discussion was on the variance request of Crooked Lake Tire. Commissioner Apel questioned why it should come back to them if the use is not allowed by Special Use Permit nor by a variance. He does not favor changing the ordinance but also would not be a part of any attempt to shut the business down. He did not feel it would be setting a precedent to allow Mr. Kunza to continue operating, since there are no other tire repair businesses that have been in operation for 17 to 18 years. This is an operation that the City has done business with over the years; and given that, the owner has some expectation that he will be allowed to continue, not be allowed to stay in business for 17 years and then shut down when a competitor complains. Since the issue began at the Council level, Commissioner Apel felt they should find a way to allow Mr. Kunza to stay in business. Mr. Carlberg stated the item was tabled and needs to be addressed unless the applicant withdraws the request. Staff determination is that any ordinance violation is prohibited and that the ordinances must be enforced uniformly. \ ) / Andover Planning and Zoning Commission Meeting Minutes - September 28, 1993 Page 2 ) (Discussion - Repair Garages in Residential Districts, Continued) Corrunissioner Squires felt the request is a use variance and is not appropriate. He also agreed with Staff that the ordinance should not be changed to allow this type of use as a home occupation and that rezoning is not proper because it would be spot zoning. He felt the City Council should deal with this issue. Corrunissioner Peek felt the problem with repair garages is the fact that they are dirty and noisy businesses. He wondered if there could be a stricter definition and look at limited aspects of automobile servicing. Mr. Carlberg felt those are subject to interpretation. Chairperson Dehn agreed the ordinance should not be changed. The Crooked Lake Tire issue is a special situation since it has been ongoing for 17 years and the City has participated in purchasing tires from it as well. Also, it was next to a Neighborhood Business center when it began. The fact that it is now residential is not the fault of the business. / Corrunissioner Squires stated a complaint was served against Mr. Kunza, and he felt this is a litigation. He was concerned about the prospect of exempting the operation from the ordinance altogether, feeling that opens up a whole problematic area. Perhaps the City Council could, in the context of resolving the potential litigation, consider some terms, whatever terms the Council desires, which technically would not constitute as much of a precedent as simply enacting a resolution to not apply the ordinance in this case. If there is some pending, threatening or existing litigation, then it is limited to this unique situation. Steve Klinowski, 3512 135th Lane - is in research for the building and construction trades. Their attorneys represent the Cities of White Bear Lake, Vadnais Heights, and Roseville. When thinking of a service garage or service station, it involves changing oil. When a mechanic is on site changing oil and transmission fluid, a license is necessary from the County of Anoka because hazardous wastes are produced. Mr. Kunza does not produce hazardous waste and does not require a license from Anoka County. He suggested in the ordinance defining service garages, the changing of tires could legally be exempted because hazardous waste is not being produced. He suggested the Cities of White Bear Lake, Vadnais Heights and Roseville be called because changing tires is a permitted use in those cities. He suggested the ordinance be amended to allow the changing of tires because no hazardous waste is being produced. / Ken Orttel, 2772 Bunker Lake Boulevard NW - stated Mr. Carlberg had mentioned to the City Council on August 3 the provision in the ordinance that certain uses, while generally not suitable in a particular zoning district, may, under certain circumstances, be suitable and a Special Use Permit may be granted. He asked if the City Attorney advised that this provision does not apply. Mr. Carlberg stated the Council did not seem interested in that as an option in this case. It was not discussed. ~j v Andover Planning and Zoning Commission Meeting Minutes - September 28, 1993 \ Page 3 ) (Discussion - Repair Garages in Residential Districts, Continued) Mr. Orttel - wondered if that is a that give him basis to apply for a stated he may apply for the Special legal option for Mr. Special Use Permit? Use Permit under that Kunza. Does Mr. Carlberg provision. , / Mr. Orttel - according to the Council motion at that meeting, he felt the Council is waiting for a specific recommendation from the Commission in the way of changes to the ordinances to allow this. If this provision does allow it, he felt that would be the simplest procedure to use because of the uniqueness of the situation. He noticed that some cities differentiate between minor and major service type operations. He felt this type of business does exist in the other cities around Andover like Ramsey, Oak Grove, Ham Lake -- cities that were not contacted. There are some types of service that are quite minor, and this is one; and he thought there are scores of these types of businesses in the City. He related a personal experience of becoming aware of a business in Andover where automobile and boat detailing is done in a carpeted garage which is cleaner than most people's living rooms. The businesses of auto detailing, tires, batteries, tune-ups, certainly do exist; and he felt the ordinance should allow those types of minor services. If the ordinance is written strong enough with inside work, minimum number of cars, no signs, word-of-mouth type business, he didn't think it would be offensive. He also felt the ordinance could require something like 75 percent of the neighbors within 500 feet approve of the business in writing. That narrows it down and would limit the number of these types of businesses. That way this minor repair is allowed for everybody; and if the neighborhood approves, there is no problem. John Kunza, Crooked Lake Tire - has many customers from Anoka, including 4/5 of the City Council. Those Councilmembers researched their ordinances and found that if he was located in the City of Anoka, they would have no reason to get rid of him and would allow him to continue operating. Mr. Carlberg stated the Anoka Staff has indicated a different policy than what the Council is indicating. Commissioner Squires felt the Commission's preference is to refer the item back to the City Council for them to resolve. They understand the legitimacy of Mr. Kunza's position. Chairperson Dehn felt the other avenues of resolving the Crooked Lake Tire issue through a Special Use Permit and defining the major and minor services in the City with restrictions should also be pursued. She agreed the ordinance should not be amended and that this item should be dealt with by the City Council. Mr. Carlberg stated Mr. Kunza could apply for a Special Use Permit under the clause noted by Mr. Orttel. The Permit could establish specific findings of fact that would establish this as unique and that the Special Use Permit would apply. That was raised at the City Council meeting but was not discussed. The Commission felt the City Council / should look at that provision again. ~~ \~j Andover Planning and Zoning Commission Meeting Minutes - September 28, 1993 Page 4 J (Discussion - Repair Garages in Residential Districts, Continued) Commissioner Squires didn't want to see Mr. Kunza put through another procedure. His preference would be to see if it couldn't be resolved through the Council through the settlement of litigation concept first. The issue could then be resolved expediently with the Council giving direction, reaching 'an informal agreement with Mr. Kunza, and an agreement drafted. If that doesn't work, then put him through the procedure again. He felt the language of the ordinance provision raised by Mr. Orttel is broad enough to apply in this instance. Mr. Carlberg stated Mr. Kunza could withdraw the variance request; otherwise the Commission must consider it again since it was tabled. Commissioner Peek did not agree with throwing this back to the City Council. He felt there potentially are some clean auto-related businesses in the City and that it may be appropriate at this time to examine amending the ordinance. Commissioner Apel tended to agree, that it may be appropriate to designate major and minor activities. Commissioner Putnam agreed with Commissioner Squires that the item be resolved through the settlement of litigation concept first; however, he preferred using the Special Use Process for those types of uses rather than coming up with major and minor activities, as there may be some businesses out there that may not fit those definitions. J MOTION by Squires, Seconded by Jovanovich, that we send the Crooked Lake Tire issue back to the Council with direction that attempt should be made to settle the whole issue with Mr. Kunza in the context of settling litigation. That we don't recommend any changes to the ordinance; and that if it can't be resolved, then the Council should look closely at the catch-all Conditional Use Permit provision. Motion carried on a 5- Yes, 2-No (Apel, Peek) vote. Commissioner Apel opposed the motion because he felt the best way to handle the issue is to run it through the Special Use Permit process. But before that is done, however, there should be some consensus as to whether or not it would be approved. He didn't want Mr. Kunza to go through another procedure for nothing. Chairperson Dehn had concerns with the conditions of a Special Use Permit, also not wanting to have Mr. Kunza go through that only to have it defeated. Mr. Carlberg stated the item will go forward without the variance and will be placed on the October 19, 1993, City Council agenda for discussion. The Commission agreed to leave the variance request tabled until after the City Council discusses the direction asked for in the motion. DISCUSSION - ORDINANCE NO. 95, BOULEVARD ENCROACHMENTS Mr. Carlberg stated this was tabled at the September 14, 1993, meeting for further review by Staff and City Attorney. Staff was not clear as / to what changes were to be made other than to look at a hold harmless clause for those mailboxes that are non-conforming. The City Attorney did not feE:.J. a hold harmless clause was appropriate and did not recommend it. The Attorney felt the ordinance regarding mailboxes either , \ " -.J '-) Andover Planning and Zoning Commission Meeting Minutes - September 28, 1993 Page 5 , J (Discussion - Ordinance No. 95, Boulevard Encroachments, Continued) needs to be enforced or removed. Staff is recommending any change to the ordinance include the removal of the appeal procedure, as that procedure is not included for any other ordinance violation. It is his understanding the Commission is saying there shouldn't be anything in the boulevard, though there is the question of regulating mailboxes which are required by the US Postal Service. The consensus at the last meeting was the monuments and pillars should be back far enough and out of the boulevards. Mr. Carlberg also reported he asked the Attorney about adding a provision in the ordinance that the City is not liable if the mailbox does not meet the 4x4 postal regulations; however, the Attorney has advised that the City is liable whether that provision is in the ordinance or not. The City has insurance that covers those types of things. He was aware of only one instance where there was a problem with a mailbox in the boulevard of a county road. This situation is that nothing was done for so long, and now the issue is what can be done. There is also the issue of the 6x6 posts in Kensington Estates which are very attractive but still don't meet ordinance requirements. Mr. Carlberg noted the ordinance provisions were adopted in 1991 because of the problem with sprinklers in the boulevards. He didn't know if anyone had looked at the ramifications of the mailbox regulations. . J Commissioner Apel was not comfortable with telling people they must change what they have been allowed to do until this point. He had no opposition to the very attractive mailboxes if the mail carriers don't. There may be some areas where the health, safety and welfare aspect may apply. Commissioner Peek asked if the type of structure permitted is tied to the speed limit of the road. Mr. Carlberg didn't believe it is. The Commission noted that if the snowplow cannot plow close enough to a mailbox so service can continue, it is the resident's responsibility to take care of the mailbox. Commissioner Putnam stated he is not against attractive mailboxes, noting there is even a hazard with the 4x4 posts when hit at a certain speed and at a certain angle. Mr. Carlberg didn't know how the provision of a 4x4 post was derived. Commissioner Peek felt that any regulations for mailboxes is arbitrary, though he agreed the comments on the appeals process are probably valid. It is an issue of enforcement. If it is not going to be enforced, why have it? Commissioner Pease asked if the 4x4 post provision is that important. She noted that in the sandy soil at her place, the 4x4 post kept getting knocked down. \ J After further discussion, the Commission agreed that the regulations on the type of mailboxes should be deleted from the ordinance except to indicate that they are permitted in the boulevard areas. Section 4, Section A, would allow mailboxes and newspaper stands. Delete "consisting of posts larger of 4x4..." Also, remove Section 12, the appeal procedure. Other provisions of the ordinance remain, so pillars, monuments, boulders, etc., will not be permitted in the boulevards unless a permit is issued; and that has not been a policy of the City. ) / Andover Planning and Zoning Commission Meeting Minutes - September 28, 1993 Page 6 .I (Discussion - Ordinance No. 95, Boulevard Encroachments, Continued) MOTION by Apel, Seconded by Peek, that we direct the Planning Department to take the present ordinance to the Council and suggest that a measure of easier enforcement would be to remove the appeal process and the specific notations of 4x4 posts for mailboxes. Motion carried unanimously. Mr. Carlberg stated this will be placed on the October 5, 1993, City Council agenda. OTHER BUSINESS Amendment to Comprehensive Plan - Mr. Carlberg updated the Commission on the status of the Major Amendment to the Comprehensive Plan request of 235 buildable acres to be included in the MUSA. The Metropolitan Council Staff has again brought up the transportation issue. City representatives are meeting tomorrow with representatives from the Metropolitan Council, BRW, Ramsey, Anoka County and the Highway Department to set the parameters on the study for Highway 10. They have also asked to be placed on the agenda of the Metropolitan Council Board to address their previous agreement to allow Andover to continue development while the transportation study is being done. The continued expansion allows Andover to pay for the costs of trunk sewer and watermain already installed. There being no further business, Chairperson Dehn declared the meeting adjourned. Meeting adjourned at 8:50 p.m. Respectfully ~bmitted, ~~LlL~~-L Mar lla A. Peach Recor 'ng Secretary