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HomeMy WebLinkAboutMarch 26, 1991 o (~ \..J o CCA." CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.w. . ANDOVER, MINNESOTA 55304 . (612) 755-5100 PLANNING AND ZONING COMMISSION MEETING MINUTES MARCH 26, 1991 The Regular Bi-monthly Meeting of the Andover Planning and Zoning Commission was called to order by Acting Chairperson Randal Peek on Tuesday, March 26, 1991, 7:30 p.m., at the Andover City Hall Offices, 1685 Crosstown Blvd., Andover, MN. Commissioners Present: Randal Peek, Bev Jovanovich, Steve Jonak, Bonnie Dehn, Marc McMullen Commissioners Absent: Chairperson Ron Ferris, Becky Pease o Others Present: City Planner David Carlberg APPROVAL OF MINUTES MOTION by McMullen, seconded by Jovanovich, to approve the minutes of March 12, 1991 as written. Motion carried on a 5-Yes (Janak, Jovanovich, McMullen, Peek, Dehn), 2-Absent (Ferris, Pease) vote. PUBLIC HEARING: SPECIAL USE PERMIT NORDEEN GORDON The Andover Planning and Zoning Commission was asked to review the Special Use Permit requested by Gordon Nordeen to operate a snowmobile, motorcycle and ATV sales and repair shop located on 15357 Prairie Road NW. o Mr. Carlberg reviewed the location of the property and the applicable sections of the ordinance: Ordinance No.8, Section 5.03; Ordinance No.8, Section 7.03; and Ordinance No.8, Section 4.30 (B) (8). Mr. Carlberg noted areas of concern: two complaints had been received from residents living 350 feet from o o Andover Planning and Zoning Commission 03/26/91 Meeting Minutes, page 2 ,:J the property regarding the amount of traffic from the site; vehicles parked on the property are visible from Prairie Road; the combined square footage of the accessory structure and outside storage area exceeds eight hundred (800 s.t.) square feet; and the decorative rock needs a special permit (not a part of the mining permit). Mr. Carlberg felt that the main question to determine is how many home occupations and/or businesses and in turn Special Use Permits should be allowed on a residential parcel. Another question to be considered is if Mr. Nordeen has been in operation prior to the adoption of Ordinance No. 8, the Zoning Ordinance, and if not, should follow the requirements of Ordinance NO.8. Acting Chairperson Peek opened the hearing for public testimony at 7:55 p.m. o Gordon Nordeen, 15357 Prairie Road NW,explained that the semi-trailers visible from Prairie Road and parked on his property are used for storing his wife's fabrics, crafts, etc. and that the decorative rocks are brought onto his property where they are stored and sold. He portrayed his activities as being mainly family-oriented with a low amount of traffic entering his property for the purpose of business and that appearing mostly on weekends. He stated his wife averages three customers a week for the beauty shop; delivery of rock, about one load a week; and earth works averaging about five loads a day. Mr. Nordeen has two special use permits: beauty shop and mining. In Mr. Carlberg's opinion, the pole barn seems full of snowmobiles and parts for someone who does repair/selling as a "hobby". Mr. Carlberg would like to see the eight hundred (800 s.t.) square foot limitation imposed. He suggested a "partition of substance" was needed in the pole barn for separation of the snowmobiles from the truck repair area. The Special Use Permit can be reviewed annually, but it would be difficult to monitor the situation. Mr. Carlberg read to the commission the definitions of Home Occupation (4.30) and Repair Services for Home Occupation. o Harold Sullivan, 15300 Prairie Road, felt that Gordon Nordeen did not operate a low key "hobby" at his residence. He pointed to Nordeen's ad in the paper and said that his truck leaves on delivery before 8 a.m. more than five times a day. Most of his comments were related to the mining permit. Mr. Sullivan finds the ATV and motorcycle activities offensive, but did not object to the snowmobile activities. He felt there should be a limit of two Special Use Permits in a residential area. () \.J Andover Planning and Zoning Commission 03/26/91 Meeting Minutes, page 3 ) Mr. Carlberg clarified that acreage allows business in an accessory building in home occupation; i.e. Ordinance No.8, Section 4.30 (8) (8) & (9) specifies the size of the lot shall be three acres (3a.) or larger. / "\ '. -) Commissioner Jonak questioned the interpretation of the ordinance for Home Occupation. He thought the ordinance limits the space a person can use as a way to control the size of the operation, but it appeared that there was not much control over what he did. Commissioner Jonak asked if neighbors are notified when Gordon Nordeen renews his mining permit. He wants to see if Nordeen is within the guidelines in his mining permit and also find out if he has to stay within the original space to both if he acquires a permit for snowmobile repair. Mr. Carlberg interprets Ordinance No.8, Section 4.30 (8) (8) as all businesses in that property as being in that limited specified space. Commissioner Jonak suggested Nordeen might be in trouble for the permits he already holds: beauty shop and mining. He wants to find out if Nordeen is within guidelines of the ordinance and enforce it. Commissioner Jonak suggested tabling the request for a Special Use Permit until these questions are answered. Mr. Carlberg said that the staff's concern is that of other businesses, not just a Special Use Permit. Mr. Carlberg feels that this decision could affect other requests. He recalled that one of the complaints about Nordeen regarded snowmobile sales on the property. Brian Cotter, 610 - 155th Avenue NW, appeared at the hearing to state that he and several neighbors felt that there was no problem associated with the activities on Gordon Nordeen's property. He didn't hear the snowmobiles or motorcycles and didn't notice the mining. Mr. Cotter's home is directly behind the shed, north of Nordeen's property. No more residents were in attendance for Gordon Nordeen's hearing. Acting Chairperson Peek asked for a motion to close the public hearing. MOTION by Jovanovich, seconded by Dehn, to so move. Motion carried by 5-Yes (Janak, Jovanovich, McMullen, Peek, Dehn), 2-Absent (Pease, Ferris) vote. MOTION by Dehn, seconded by McMullen to table the Special Use Permit requested by Gordon Nordeen until there can be an investigation of , ) Special Use Permits already incurred on his property as well as the ~. ) <J Andover Planning and Zoning Commission 03/26/91 Meeting Minutes, page 4 \ ) clarification of the of Ordinance 8 regarding square footage of the accessory structure and outside storage area and a determination of the number of businesses on residential property. Motion carried on a 5-Yes (Jonak, Jovanovich, Peek, McMullen, Dehn), 2-Absent (Pease, Ferris) vote. Mr. Carlberg stated that staff would determine, by reading Ordinance No.8, the number of permits imposed on the property owner, and consult with the city attorney of the situation. He also intends to contact the League of Minnesota Cities to find out if other cities limit the number of permits in residential areas. Furthermore, Mr. Carlberg would like Gordon Nordeen to address the visibility of numerous vehicles from Prairie Road He hopes to obtain information, tentatively by April 9. Property owners located 350 feet from Nordeen's, as well as Gordon Nordeen, will be personally notified, as to the scheduling of the Special Use Permit, whether or not a public hearing is advertised in the paper. ~ ) VARIANCE - ANNE ANDERSON - FRONTAGE LESS THAN 60 PERCENT OF THE MINIMUM DISTRICT REQUIREMENT (15773 Crosstown Boulevard NW) The reason for Anne Anderson's variance request is that the property at 15773 Crosstown Blvd. NW, does not meet the required frontage which is three hundred (300') feet by Ordinance 8, Section 6.02, in regard to lot width and does not meet the sixty (60%) percent requirement as defined in Ordinance No. 8, Section 4.04. Mr. Carlberg reviewed the applicable ordinances. He pointed out that the variance will not be detrimental to the overall area; the lot to the north also has one hundred (120) foot of frontage, so it is consistent with the area. A single family dwelling would not be able to be developed on the property if a strict interpretation of the ordinance was enforced. Staff recommended approval of the variance request. Mr. Carlberg noted that a shed on the property will be removed. Anne Anderson does have a purchase agreement for this property. , ) Motion by Jovanovich, seconded by Dehn to recommend to the city council to approve the variance requested by Anne Anderson, property at 15773 Crosstown Blvd. NW at sixty (60 %) percent requirement of the , , \.J '~J Andover Planning and Zoning Commission 03/26/91 Meeting Minutes, page 5 '\ } three hundred foot (300') minimum in an R-1 District on a publicly maintained right-of-way. This recommendation is based upon the following reasons: (1) strict interpretation of the ordinance causes practical difficulties and/or unnecessary hardships to the property owner because the lot was a lot of record and did not meet the requirements of Ordinance No.8 upon the date of its adoption; (2) the hardship is caused by the unique -e shape and the owner would not be able to acquire enough land to the north or south to meet the three hundred foot (300') minimum frontage as defined in Ordinance No.8, Section 16.02 or the sixty percent (60%) requirement as defined in Section 4.04; (3) the variance will not be detrimental as the overall area requirement is met and will not cause any health issues such as septic system placement, etc.; and (4) the variance is necessary to allow reasonable use of the property, as without it, a single family dwelling could not be constructed on the property. Recommendation of this variance is pending on the property being purchased by Anne Anderson. Motion carried on a 5-Yes (Jonak, Jovanovich, Peek, McMullen, Dehn), 2-Absent (Pease, Ferris) vote. ) Mr. Carlberg stated that the recommendation will be brought before the city council on April 16, 1991. DISCUSSION - BURGLAR ALARM ORDINANCE Commissioner McMullen opened by a recommendation to table the discussion of the home and business alarm system because he thought a joint meeting with the city council would be more beneficial and that it also should include Chairperson Ferris and Commissioner Pease. Acting Chairperson Peek recalled the issues of the council were registration and an equilateral application to businesses as well as residential use. Research data from the sheriff's department targeted the residential area as the biggest problem in false alarms. Acting Chairperson Peek felt the ordinance as it stands addresses the problem, and does not feel another ordinance should be written. '\ ) Mr. Carlberg says that there are three to four hundred "false alarm" trips per year at $30jtrip when police are summoned, primarily in residential areas. ,-- \ \J Andover Planning and Zoning Commission 03/26/91 Meeting Minutes, page 6 (J 1 / Acting Chairman Peek asked for a motion to table this item to the next Planning and Zoning Commission meeting. MOTION by McMullen, seconded by Jonak to so move. Motion carried on a 5-Yes (Jonak, Jovanovich, Peek, McMullen, Dehn), 2-Absent (Pease, Ferris) vote. OTHER BUSINESS Mr. Carlberg said a Plan/Share Conference will be held Saturday, April 13, 1991 from 9:30-11 :30 at the Elk River Fire Station. Mr. Carlberg is attending, and he would like a Planning and Zoning member to attend. too. Area cities and townships are meeting to brainstorm ideas occurring in the cities. A decision on whom will be attending will be reached at a later time. ) After the last meeting, Mr. Carlberg and Commissioner Jonak had discusssed safety of rides operating at the Downtown Center's festival this summer. It is Mr. Carlberg's understanding that the Downtown Center has insurance for any injuries incurred. Commissioner Jonak felt that the city has a public obligation to check safety of rides. Mr. Carlberg will contact Downtown Center concerning amount of insurance liability and safety inspection procedure. Acting Chairperson Peek asked the staff to check to see who regulates rides and inspect them. / Mr. Carlberg had brought to the city council meeting the Curbing Ordinance, with Acting Chairperson Peek's motion. The council felt it needed some amendments. The ordinance will be brought to the next city council meeting for a public hearing, so that amendments can be considered. High institutional parking (churches, schools, etc.) and passive institutional parking (parks) will be items of consideration. Acting Chairperson Peek suggested seeking information on how many surrounding cities have split ordinances. Mr. Carlberg will call Coon Rapids, Anoka, Shoreview, and more developed areas for information. Acting Chairperson Peek would like to see research from the cities distinguishing about uses of curbing. He also requests Mr. Carlberg to ask the building inspector about the occupancy classification of Mosquito Control. Mr. Carlberg would like as many commissioners as possible to attend this meeting and will have material ready for review this weekend. , '\ \J u Andover Planning and Zoning Commission 03/26/91 Meeting Minutes, page 7 ) Acting Chairperson Peek declared the meeting adjourned at 9:40 p.m. Respectfully submitted, /(~ p~ Karen Plummer, Recording Secretary / ) '\ j