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HomeMy WebLinkAboutApril 9, 1991 o o o o C) <,d,:;;i;,: .~ '~' "',..". ...", ",':', , " '" 6 I, .... ""," CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW. . ANDOVER, MINNESOTA 55304. (612) 755-5100 PLANNING AND ZONING COMMISSION MEETING MINUTES APRIL 09, 1991 The Regular Bi-monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Randal Peek on Tuesday, April 09, 1991, 7:34 p.m., at the Andover City Hall Offices, 1685 Crosstown Blvd., Andover, MN. Commissioners Present: Bev Jovanovich, Steve Jonak, Bonnie Dehn, Marc McMullen, Becky Pease, Maynard Apel Commissioners Absent: None Others Present: City Planner David Carlberg APPROVAL OF MINUTES MOTION by McMullen, seconded by Jovanovich, to approve the minutes of March 26, 1991 as written. Motion carried on a 5-Yes (Jovanovich, Jonak, Dehn, McMullen, Peek), 2-Present (Pease, Apel) vote. ADJUST AGENDA - DAVID CARLBERG Mr. Carlberg added to the agenda: 6A: Ordinance 23 and Ordinance 8 - Discussion 6B: Plan/Share Conference, April 13, 1991 Elk River Fire Station 6C: Broadcast Planning & Zoning Commission Meetings on Cable TV ( \ \.J Andover Planning and Zoning Commission 04/09/91 Meeting Minutes, page 2 ~.J , '\ "_/ CHANGES IN COMMISSION Ron Ferris, Chairperson of the Planning and Zoning Commission, has resigned. The Andover City Council has appointed Randal Peek as the new Chairperson, and Becky Pease as Acting Chairperson. Maynard Apel, being an Alternative, now is a Planning and Zoning Commission member, and takes Ron Ferris' place and term. PUBLIC HEARING CONTINUED: GORDON NORDEEN SPECIAL USE PERMIT - Mr. Carlberg informed the commission that Mr. Gordon Nordeen has withdrawn his request for the special use permit to operate a snowmobile, motorcycle and ATV sales and repair shop located at 15357 Prairie Road NW. Furthermore, he is selling his semi-trailer parts and is moving his snowmobile operation to his grandson's. The decorative rock, sold "on site", is not a part of ,. '\ the mining permit and will be discontinued. The only businesses remaining on \....J the Nordeen property will be a tailoring shop, a beauty shop, and the mining operation. Mr. Carlberg will see whether the tailoring shop operation has a permit. The commission had asked Mr. Carlberg to check the number of permits allowed in residential properties (or any properties) in other cities. Mr. Carlberg reported, according to the League of Minnesota Cities, there was no ordinance that specifically stated only two or three permits allowed per residential property. However, regulations/restrictions were determined from critieria similiar to that used in granting Special Use Permits in Andover. In the Nordeen situation, Mr. Carlberg felt that traffic alone would have been a definite factor in limiting the number of permits issued. Commissioner Jonak asked for clarification on relation of permits to building size. Mr. Carlberg expressed that Ordinance No.8, Section 4.30 (8) (8) restricts any number of businesses on residential property to a limited specified space of eight hundred (800 s.q.) square feet in an accessory building. Commissioner Jonak felt that this factor would help control the number of special use permits issued at anyone residence. \ ) , , ) , , ',J Andover Planning and Zoning Commission 04/09/91 Meeting Minutes, page 3 '\ ) Mr. Carlberg has a written notification from Gordon Nordeen withdrawing his application for a special use permit. This item is withdrawn from the agenda. PUBLIC HEARING: AMENDED SPECIAL USE PERMIT HARE STUART - RETAIL SALES (13650 Hanson Boulevard NW) The Andover Planning and Zoning Commission is asked to review the Amended Special Use Permit requested by Hare Stuart to operate a commercial greenhouse, wholesale growing and landscaping business at the following described property: Lot 4, Block 1, Pankonin Addition (13650 Hanson Boulevard NW) Mr. Carlberg pointed out that this property is "Lou's Tire Town" site. The applicable ordinances are Ordinance No.8, Section 5.03, which regulates the Special Use Permit process, and Ordinance No.8, Section 7.03, which lists the uses allowed by Special Use Permit. In an Industrial District, retail trade and , '\ services are allowed under a Special Use Permit. Mr. Carlberg stressed that , .-J this Special Use Permit is for the retail sales and services that are a part of this business. In examing the criteria, Mr. Carlberg acknowledged that the operation will increase traffic flow onto Hanson Boulevard Nw, but the parking facilities would be located on site and away from adjacent streets. A planned service road will divert traffic from entering onto and near the Hanson and Bunker Lake intersection. Mr. Stuart plans to do a considerable amount of landscaping and beautifying his property as well as Robert Bendtsen's property (1714 Bunker Lake Boulevard NW) to the west. Chairperson Peek questioned why this is an Amended Special Use Permit. Mr. Carlberg said there is a Special Use Permit on the property obtained by Jeff's Furniture, an outlet for lawn furniture. There has not been a business on the property for eight (8) months. Because there is a drastic change in retail sales, the city attorney thought there should be application for an Amended Special Use Permit. Thus, it is a legal interpretation by the city attorney. , , / Chairperson Peek opened the hearing for public testimony at 7:50 p.m. , , '_,J '-.) Andover Planning and Zoning Commission 04/09/91 Meeting Minutes, page 4 '\ j Mr. Hare Stuart, 15921 Fox Street, appeared to inform the commission about his operation. His wholesale business supplies grocery stores and nurseries in Minnesota and Wisconsin with his greenhouse plantings and products. The pole building is a "holding" greenhouse for perennials; no "hoop" greenhouse will be used on a permanent or temporary basis. The business is seasonal in terms of retail only. Seasonal employees will be hired. Truck traffic will be contained to the pole building area. Mr. Stuart feels his business will add to the community and that the retail sales will fill a need in an immediate area. He stressed that the wholesale part of his business is primary; the retail part, secondary. His plans are to make this property "a showplace". Chairperson Peek asked for a motion to close the public hearing. MOTION by Dehn, seconded by Jovanovich to so move. Motion carried unanimously. , J Chairperson Peek raised the issue of business hours and signage compliance. After discussion with the commission, Mr. Stuart agreed on setting the following hours: Monday thru Friday Saturday Sunday 9-9 8-9 10 - 5 Mr. Stuart felt these hours were reasonable, but if problems arose, would address the planning board again and work with them for a solution. He also stated that there will be one professionally designed sign (32 square feet) on the premises with the business name on it. '\ '- ./ MOTION by Jovanovich. seconded by Dehn, to approve an Amended Special Use Permit requested by Hare Stuart to operate a commercial greenhouse. wholesale growing and landscaping business at Lot 4. Block 1. Pankonin Addition (13650 Hanson Boulevard NW) as determined by Ordinance No.8. Section 5.03 and Ordinance No.8. Section 7.03. The Amended Special Use Permit is granted for the following reasons: (1) The proposed use would not have a detrimental effect upon the health, safety, morals and general welfare of occupants of surrounding lands. , '~ V Andover Planning and Zoning Commission 04/09/91 Meeting Minutes, page 5 ~~ '\ '. ) (2) Although the use would increase the traffic flow onto Hanson Boulevard NW, the parking facilities would be located on site and away from adjacent streets. (3) The use of the building on the site for a commercial greenhouse, wholesale of growing and landscaping business would have a positive effect on the property values in the area. The scenic views will be improved as well. (4) The use would be consistent with the Comprehensive Plan. (5) This permit precludes the development of temporary buildings unless it comes once again before the city. (6) The hours agreed upon between Mr. Stuart and the commission are designed in the paragraph above this motion. (7) The sunset clause is invoked. (8) Mr. Stuart will be allowed to operate the building .as is., subject to inspection by the Building Department. The intent is not to bring the building up to code, but subject it to the Building Department inspector. (9) Annual review of property by staff. \ , .J The original motion was corrected and agreed upon and passed unanimously. A recommendation for an Amended Special Permit regarding this property will go to the Andover City Council on May 07, 1991, at 7:30 p.m. PUBLIC HEARING: AMENDED SPECIAL USE PERMIT NORTHERN NATURAL GAS COMPANY - Construction of a Metering Building (14361 7th Avenue NW) The Andover Planning and Zoning Commission is asked to review the Amended Special Use Permit requested by the Northern Natural Gas Company to allow for the construction of a 6' x 9' x 8' building to house gas metering equipment on the following described property: 14361 7th Avenue NW (PIN 30- 32-24-42-0002). The applicable ordinances is Ordinance No.8, Section 5.03 which regulates the Amended Special Use Permit process and Ordinance No.8, Section 7.03, which lists the uses allowed by Special Use Permit. In Residential Districts, public utility uses or structures are allowed under a Special Use Permit. '\ / Mr. Carlberg presented criteria to the commission. Currently two buildings are on site; this building (skid-mounted, a temporary building) will be similar and is needed because of an increase in operational demands. The use would not ,- \ '---J Andover Planning and Zoning Commission 04/09/91 Meeting Minutes, page 6 u ) have a detrimental effect on the surrounding lands. Mr. Carlberg anticipated no traffic congestion problem. The sole purpose of the building is to house metering equipment which will be visited periodically by employees of the North Central Gas Company. The metering equipment building will be setback 86 feet (rather than 92 feet) from the 7th Avenue right-of-way and will not be readily visible. It will be 10 feet (rather than 4 feet) from the property lines. Chairperson Peek opened the hearing for public testimony at 8:25 p.m. Mr. Allen, representative from Northern Natural Gas Company, said this facility has been there for a number of years and now there was a need to add additional equipment to monitor the operation. Chairman Peek asked for a motion to close the public hearing. MOTION by Jovanovich, seconded by Dehn, to so move. Motion carried unanimously. ) MOT/ON by McMullen, seconded by Apel, to approve the Amended Special Use Permit requested by the Northern Natural Gas Company to allow for the construction of a 6' x 9' x 8' building to house gas metering equipment on the following described property: 14361 7th Avenue NW (PIN 30-32-24-42-0002). 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 the surrounding property; and the use is in harmony with the Comprehensive Plan. The Commission also finds that the use is permitted by special use under Ordinance No.8, Section, 7.03, Residential Districts. The public hearing for the above permit was held on April 09, 1991. The sunset clause is invoked in this application. The motion was corrected and agreed upon. Motion passed unanimously. " .J This recommendation for approval will go before the Andover City Council on May 07, 1991. " \._j Andover Planning and Zoning Commission 04/09/91 Meeting Minutes, page 7 \ '-) \ ) DISCUSSION: ORDINANCE NO. 23C AND NO.8 SEPARATION REQUIREMENTS The Andover Planning and Zoning Commission is requested by the City Council to review Ordinance No. 23C and Ordinance NO.8 and bring them in compliance with State law regarding well separation. The Commission is also to examine Ordinance No. 23C for a possible grandparenting clause to the ordinance. This item is brought to the Commission as part of the variance request by Karolyn Rucks (840 146th Lane NW) that has been tabled for no more than two months while the above is reviewed. Ms. Rucks had requested a variance to allow for a structure sheltering equines to encroach seventy six (76') feet into the required one hundred (100') foot well separation. State law requires a fifty (50')foot separation. \ ) Mr. Carlberg stated that Ordinance No.8, Section 8.19 (F) does not apply to horses, as they are considered pleasure-recreation animals, not non- domesticated animals. Ordinance No. 23C, Section IV states that "the shelter setback shall be a minimum of one hundred (100') feet from the well or the habitable portion of the dwelling, unless State Health Code requires a greater separation." Mr. Carlberg asked the commission to 1) determine if Andover is too restrictive in its ordinance and 2) consider grandparenting of properties that were lawfully existing prior to ordinance adoption. This does not apply to those properties who are maintaining equines in structures that are unlawful. Chairperson Peek thought that because the state now regulates wells, the city was trying to regulate an area where they shouldn't be involved. He requested the staff to research the responsibility of the city in the installation of wells, where the state has jurisdiction. Chairperson Peek said that the city should not be more restrictive than the state, and perhaps the city should not try to regulate well distance. ~-J A representative from the equine council, Mr. John Bills, asked how the numbers are determined that regulate well distance from the habitable portion of the dwelling. Although he felt there was no problem with the one hundred (100') feet stipulation, Mr. Bills stated that only if there is a health or potential safety risk, should the city investigate. He and Ms. Rucks expressed that information from city offices was frequently unreliable, thereby causing hardship to properties who mayor may not be maintaining equines in lawful structures. o \ ',--) Andover Planning and Zoning Commission 04/09/91 Meeting Minutes, page 8 \ I J In the case of the Rucks' variance request, the structure (lean-to) sheltering the equines on the property was constructed without a building permit and prior to the construction of the lean-to, a building was converted to a different use than allowed when the permit was issued. Commissioner Jonak took issue with the building, a garage, having been used to shelter horses. He expressed concern about easy access from the garage to the street whereby an owner wouldn't have to clean-up after the horses. He stated if a building is built for a specific purpose when the permit is issued, that is how it should be used. Mr. Carlberg reported that the structure (lean-to) is unlawful and non- conforming and encroaches into the required well separation whether by City or by State standards. Ms. Rucks should be required to locate a structure for the purpose of maintaining equines which meets the proper setbacks as set out in Ordinance No. 23C, Section IV. Mr. Carlberg sees the problem being with an unlawful or non-conforming building for a horse, not with lawfully built structures for equines. '\ ) The commission asked Mr. Bills to have the equine counsel make a recommendation on how the ordinance should be stated, but to base it on concrete evidence. He was also directed to research local municipalities such as Chanhassen, Corcoran, Lakeville, Oak Park, Rogers, Farmington, Howard Lake and Waverly to see if their ordinances restrict well distance. The P,ublic Health Department will be contacted to see if there has been any complaints or health problems relating to well location. Commissioner McMullen suggested having the Rucks apply for a building permit or code for the structure (lean-to) at this time. Chairperson Peek disagreed and would not recommend issuing a variance to an illegal structure. Mr. Carlberg will report to council that more information is necessary and being assembled for reviewing the ordinance and ask that the two month time frame which tabled the variance request be extended. \ , ) . \ '-.J Andover Planning and Zoning Commission 04/09/91 Meeting Minutes, page 9 '\ ',~) ) PLAN SHARE CONFERENCE Mr. Carlberg had informed the commissioners of a Plan/Share Conference held Saturday, April 13, 1991 from 9:30-11 :30 at the Elk River Fire Station at the last meeting. Commissioner Dehn volunteered to accompany Mr. Carlberg. BROADCAST PLANNING AND ZONING MEETINGS ON CABLE TV Mr. Carlberg asked the commiSSion for feedback for broadcasting their meetings on cable TV. Although the members enjoyed the flexibility of their meetings, they felt it would be beneficial to open the meetings to the community. Mr. Carlberg will recommend to council that the idea meets approval with the commission, but with the stipulation that sound quality is to be improved. '\, / Chairperson Peek declared the meeting adjourned at 10:10 p.m. Respectfully submitted, K:-~ f~ Karen Plummer, Recording Secretary \ -)