Loading...
HomeMy WebLinkAboutSeptember 10, 1991 ;) o o o o ~ CITY of ANDOVER PLANNING AND ZONING COMMISSION MEETING - SEPTEMBER 10, 1991 MINUTES The Regular BI-Monthly MeetIng of the Andover PlannIng and ZonIng CommIssIon was called to order by ChaIrperson Randy Peek on September 10, 1991, 7:30 p.m., at the Andover CIty Hall, 1685 Crosstown Boulevard NW, Andover, MInnesota. Commissioners present: Maynard Apel; Bonnie Dehn, Steve Jonak, Bev JovanovIch, Marc McMullen (arrIved at 7:35 p.m.): Becky Pease None City Planner, DavId Carlberg; AssIstant City EngIneer, Todd Haas: and others CommIssIoners absent: Also present: APPROVAL OF MINUTES August 27, 1991: Page 2, paragraph by Mike KnIght, change Shoreland OrdInance to OrdInance 52, ScenIc RIver OrdInance. MOTION by Apel, Seconded by JovanovIch, to approve the Minutes as amended. MotIon carrIed on a 6-Yes, 1-Absent (McMullen) vote. PUBLIC HEARING: SPECIAL USE PERMIT - MINING PERMIT. NORTH LEXINGTON LANDSCAPING. 166XX HANSON BOULEVARD NW 7:32 p.m. Mr. Haas reviewed the. request of Mr. DIck Kuiken of North Lexington LandscapIng to mine soli at 166xx Hanson Boulevard NW. There currently is one pond on the property that is nearly complete. This permIt wIll allow hIm to develop another slIghtly larger pond In the same vicinity, and it is expected there wII I be standIng water In the pond. The topsoIl wIll be used for resIdentIal and commercIal establishments. (Commissioner McMullen arrIved at this tIme; 7:35 p.m.) Mr. Haas revIewed Staff/s recommended condItions to the PermIt, notIng they are simillar to the previous permIt and consIstent wIth what has been required on other minIng permits in the past. Staff Is also recommendIng the PermIt be for a fIve-year time period. If additional time Is needed, Mr. Kuiken can request an amendment to the PermIt. Mr. Haas also explaIned that the site wIll be Inspected each year. He stated there have been no problems with the fIrst permIt. Dick KuIken stated the same drIveway wIll be used that was used for the first PermIt. The sIgns are still there. The driveway has a gate and the area fenced, plus It is behind the trees. The CommIssion recommended that the drIveway be IndIcated on the sketch plan. , \ U ~j , Planning and Zoning Commission Minutes - September 10, 1991 Page 2 , ) (Public Hearing: Special Use Permit - Mining, Hanson Blvd., Continued) The hearing was opened for public testimony. There being none, Chairperson Peek asked for a motion to close the hearing. MOTION by Pease, Seconded by Dehn, to so move. Motion carried unanimously. MOTION by Apel, Seconded by McMullen, that the Planning and Zoning Commission recommend approval of the Special Use Permit by North Lexington Landscaping to mine soil on the property described in the application (166xx Hanson Boulevard, PIN Rll 32 24 33 0004). Add to the proposed resolution the eight items on the sample resolution, which also corresponds to Items a - h on the Staff recommendation. Add Item 9. That the haul road be indicated to the Engineering Department on the drawing. Add Item 10. That an annual review be held on the permit. \. j Add Item 11. That the applicant keep Hanson Boulevard in a state of good repair (cleanup of rubbish). Add Item 12. The length of this permit wil I be five years. If the applicant wishes to extend it, he may come in at that time for an amendment. A public hearing was held and there was no opposition. Motion carried unanimously. This item will be on the October 1, 1991, Council agenda. 7:43 p.m. PUBLIC HEARING: SPECIAL USE PERMIT - CONSTRUCTION OF ACCESSORY STRUCTURE PRIOR TO THE CONSTRUCTION OF A PRINCIPAL STRUCTURE. JOHN EWERT. 17615 ROANOKE STREET NW Mr. Carlberg reviewed the request of John Ewert to construct a 30' x 48' accessory pole building prior to the construction of a principal structure at 17615 Roanoke Street. It is a 16.5-acre parcel zoned R-2 and is in the Rum River Scenic River District. The applicant has no intent of constructing a principal structure on this parcel. Mr. Ewert has his principal structure on the adjacent parcel but cannot build the accessory building on that parcel because of the limitations in the Scenic River Ordinance. This has already been forwarded to the , Department of Natural Resources for their information. ) . , / . , / 1. 2. 3. J 4. 5. (-.J ~) Planning and Zoning Commission Minutes - September 10, 1991 Page 3 (Public Hearing: Special Use Permit - Construction of Accessory Structure prior to Principal Structure, 17615 Roanoke, Continued) Mr. Carlberg reviewed the applicable ordinances and criteria for granting Special Use Permits. Staff recommended approval, noting the Commission may wish to address the linkage issue to the principal structure. The Council resolved that issue at their September 3, 1991, meeting when acting on a simliar request by requiring the use of the accessory structure to be linked to the principal structure on another parcel by deed and restrictive covenant. The Commission discussed the size of the pole building. Mr. Carlberg felt it does meet the ordinance requirements, though that will be determined by the Building Department. The hearing was opened for public testimony. There being none, Chairperson Peek asked for a motion to close the hearing. MOTION by Pease, Seconded by Dehn, to so move. Motion carried unanimously. In discussing the linkage issue, John Ewart stated he would not have a problem linking the use of the accessory structure to his primary structure, stating the parcel on which the pole barn will be built is virtually unbuildable. MOTION by McMullen, Seconded by Jovanovich, to recommend approval of the Special Use Permit for the construction of an accessory structure prior to the construction of the principal structure for John Ewert at 17615 Roanoke Street NW, using the Staff recommendation Option 1, and conditions: The Commission finds the request meets the criteria established in Ordinance No.8, Section 5.03, including: the use wiil 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 meets the provisions specified in Ordinace No.8, Section 4.05, Accessory Structures. The applicant shall place the structure in accordance with the minimum requirements of the designated zoning district. The applicant place the structure so as to accommodate the future placement and construction of a principal building. The Special Use Permit shall be subject to annual review and site inspection. The Special Use Permit shall be subject to a one-year sunset clause as defined in Ordinance No.8, Section 5.03 (D). Tie the proposed structure to the principal structure of the adjoining property, 17615 Roanoke Street NW. u ~ ~J , Planning and Zoning Commission Minutes - September 10, 1991 Page 4 , / (Public Hearing: Special Use Permit - Construction of Accessory Structure prior to Principal Structure, 17615 Roanoke, Continued) (Motion continued) A public hearing was held and there was no opposition. Motion carried unanimously. This item will be on the October 1, 1991, City Council agenda. 7:57 p.m. PUBLIC HEARING: LOT SPLIT - TROY AND NANCY HARRIS. 74 ANDOVER BOULEVARD NW Mr. Carlberg reviewed the request of Troy and Nancy Harris, 74 Andover Boulevard NW, to split a five-acre parcel into two 2.5-acre parcels in an R-l, Single Family Rural district. He summarized the applicable ordinances. stating the Staff recommendation is to approve the request. The hearing was opened to public testimony. There being none, Chairperson Peek asked for a motion to close the hearing. , , ~ / MOTION by Jovanovich, Seconded by Apel, to so move. Motion carried unanimously. MOTION by Dehn, Seconded by Apel, that the Planning and Zoning Commission recommend approval of the lot split request of Troy and Nancy Harris at 74 Andover Boulevard NW, to include the conditions as stated by staff: 1. The applicant shall have the lots surveyed as required and pay the $400 park dedication fee upon City Council approval. 2. The applicant transfer an additional road easement of 27 feet on Andover Boulevard NW to meet County requirements of a 60-foot road easement. 3. Add a one-year sunset clause. There has been a public hearing held with no opposition. Motion carried unanimously. This item will be on the October 1, 1991, City Council agenda. 8:05 p.m. PUBLIC HEARING: SPECIAL USE PERMIT - HOME OCCUPATION. JOHN AUDETTE. 17600 WARD LAKE DRIVE NW , ) Mr. Carlberg reviewed the request of John Audette to operate a sharpening business as a home occupation in an accessory structure at 17600 Ward Lake Drive NW. He suggested the Commission first deal with whether or not the sharpening businesses falls under the ordinance definition of repair service. , '1 "---I (,J , PlannIng and ZonIng CommIssIon MInutes - September 10, 1991 Page 5 . J (PublIc HearIng: SpecIal Use PermIt - Home OccupatIon, John Audette, 17600 Ward Lake DrIve, ContInued) Mr. Carlberg stated Staff Is concerned wIth the antIcIpated traffIc condItIons and parkIng facIlItIes of the home occupation. The applIcant has asked for an addItIonal drIve access on Ward Lake DrIve, whIch wIll need City EngIneer and county approval for the curb cut. There Is no road locatIon to the accessory structure at thIs tIme. Mr. Audette would like to access the buIldIng from the east. The CommIssIon determIned that Ward Lake DrIve Is a CIty MSA street, so county approval would not be necessary. Mr. Carlberg stated the Staff has a lot of concerns regardIng home occupatIons because of the dIffIculty of regulatIng them so they do not become an undesIrable actIvIty In a resIdentIal zone. The Staff Is not makIng a recommendatIon on thIs matter because of theIr concern wIth home occupatIons. The CommIssIon dIscussed the sIgnIng. Mr. Carlberg noted the ordInance regulatIon of allowIng a maxImum 4-square-foot sIgn prImarIly wIth the address of the premises. , ,J John Audette - explaIned hIs drIveway comes up to the house from Ward Lake DrIve and there Is a path back to the accessory buIldIng. The buildIng was constructed In 1976 and Is presently beIng used for storage. ChaIrperson Peek stated typIcally the setback Is parallel to the street, suggestIng the setback on the east be shown parallel to Ward Lake DrIve on the sketch plan. Mr. Carlberg agreed. ChaIrperson Peek stated one crIteria for approval Is that It meet al I setback requIrements; however, the structure does not meet the 30-foot sIdeyard setback on the west. The CommissIon dIscussed whether the setback relates to the buIldIng Itself or to the portIon of the buildIng that wIll be used for the buIldIng. The ordInance was interpreted to mean from the buIldIng Itself; therefore, the buildIng does not meet the sideyard setback on the west sIde. Mr. Carlberg suggested a varIance Is needed to go along wIth thIs PermIt request. The hearIng was then opened for publIc testImony. ) John Audette - stated the buIldIng Is already there, and he wIll be partItIonIng It off to meet the 800-square-foot area for the busIness. He explaIned the nature of hIs busIness would be to spend the majorIty of the day drIvIng his van to varIous busInesses to do sharpenIng on sIte. He expected that to be done between the hours of 8 a.m. and 2 p.m. From 2 or 3 o/clock to 5 or 6 a/clock, the shop would be open to the general publIc, though he dId not antIcIpate more than 2 or 3 vehIcles a day comIng to the shop. He would lIke the driveway dIrectly from the buIldIng to the east to Ward Lake DrIve so the busIness would be dIrected away from hIs resIdence and for convenIence. .' I ~ \ , , ~ \ ) Planning and Zoning Commission Minutes - September 10, 1991 Page 6 (Public Hearing: Special Use Permit - Home Occupation, John Audette, 17600 Ward Lake Drive, Continued) There being no further testimony, Chairperson Peek asked for a motion to close the public hearing. MOTION by Apel, Seconded by Dehn, to so move. Motion carried unanimously. The Commission discussed whether or not the proposal falls within the parameters of the ordinance pertaining to home occupations, repair services. The consensus was that it does. Mr. Carlberg didn't think any permits are needed on the mobile unit. Mr. Audette stated he checked with the State and found there is no requirements on it. He also stated it is a one-person operation. He does not anticipate hiring any employees. Discussion was then on the best way to handle the variance on the sideyard setback. There was disagreement as to whether the variance and the Special Use Permit should be handled together or separately. Several Commissions did not feel it is necessary to require Mr. Audette to come back again with the variance request. Mr. Audette \ stated he hoped to have this approved as soon as possible so he can \) begin work on the building and start up the busIness by November. He did not object to paying the variance fee and completing the paperwork, but he preferred to have the item proceed this evening. It was then agreed to bring the issue of the variance to the Council's attention and allow them to act on it. There was also some discussion as to whether the partition in the building to separate the business from the storage area can have a door. Mr. Audette stated he intends to park the van in the storage area and a door would be convenient, but he will agree to whatever is decided. The Commission then agreed the issue should be addressed by the Building Department. MOTION by Apel, Seconded by McMullen, to approve the Special Use Permit requested by John Audette to operate a sharpening business as a home occupation to be conducted in an accessory structure at 17600 Ward Lake Drive with the following conditions: 1. The size of the lot shall be 3 acres or larger. 2. The specific location and size of the structure and/or outside storage area shall be as allowed by the City. 3. The combined square footage of the accessory structure and outside storage area shall not exceed 800 square feet, with the partition to be built to meet City code as determined by the Building Department. 4. Setbacks of the accessory structure and/or outside storage area ) shall be of a magnitude found necessary by the City, but in no case shall it be less than a 100-foot front yard setback, 30-foot sideyard setback and a 50-foot rear yard setback or as required in Section 6.02. ( '} '_J \ \ ; '\ ) Planning and Zoning Commission Minutes - September 10, 1991 Page 7 (Public Hearing: Special Use Permit - Home Occupation, John Audette, 17600 Ward Lake Drive, Continued) (Motion continued) 10. II. 12. \, 13. , ) 14. 6. The number of employees shall be limited to one person on site in addition to family members. 7. On-site sales shall be prohibited, except those clearly incidental to services provided in the accessory structure. 8. Vehicles associated with the home occupation shall be limited to one vehicle on the premises and as set out in Section 8.08. 9. Unusual parking and traffic patterns shall not be created, which are not normally found in the neighborhood, and in no case, shall the need for more than three additional vehicles be created on the property. Signs shall be regulated as set out in Section 8.07. The Special Use Permit will be subject to a one-year sunset clause. The City may at any time inspect the home occupation and revoke the Special Use Permit if the applicant is not adhering to the permit and the conditions of the permit. The hours of operation shall be between 8 a.m. and 6 p.m., Monday through Friday, and 8 a.m. to 5 p.m. on Saturday, ~Iosed Sundays and holidays. All renovations to the structure shall be reviewed by the Building Department. That the Commission advise the Council that the sideyard setback was discussed and that they should be aware of the fact that there is a possibility that a variance is needed. A public hearing was held and there was no opposition. Motion carried unanimously. This item will be on the October 1, 1991, City Council agenda. 8:56 p.m. OTHER BUSINESS Mr. Carlberg reviewed the agenda for the joint meeting of the Comprehensive Plan Task Force and the City Council on Thursday, September 12, 1991. There being no further business, Chairperson Peek declared the meeting adjourned at 9:00 p.m. \ , ) ,~\;~~:~~L Marcella A. Peach, Recording Secretary