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HomeMy WebLinkAboutSeptember 8, 1992 o o o ~ CITY of ANDOVER SPECIAL PLANNING AND ZONING COMMISSION MEETING - SEPTEMBER 8, 1992 MINUTES A Special Meeting of the Andover Planning and zoning Commission was called to order by Chairperson Bonnie Dehn on September 8, 1992, 6:46 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota, to meet with the Auto Recycling/Junk Yard Dealers. Commissioners present: Maynard Apel, Steve Jonak, Bev Jovanovich, Becky Pease (arrived at 6:56 p.m.), Randy Peek Marc McMullen City Planner, David Carlberg Others Commissioner absent: Also Present: DISCUSSION WITH OWNERS REGARDING CONSTRUCTION OF COMMERCIAL BUILDINGS Mr. Carlberg explained the City is considering an amendment to the c=)ordinance to allow the auto recycling/junk yard dealers to construct commercial buildings in which the dismantling of vehicles would be done. There have been a number of requests to construct buildings for environmental reasons. Now these businesses are considered non- conforming uses, which means they cannot expand or do anything to enlarge the business. By allowing the construction of the buildings, the trade-off would be to reduce the size of the outside storage by bringing many of the parts indoors. The City is asking input from the dealers as to allowing the commercial buildings and the reduction of the yards. Michael Lund, ATV Salvaoe - asked how the City would justify the issue of a building in a ten-acre yard compared to a two-acre yard. Mr. Carlberg stated there probably could not be a reduction in a two-acre yard. But it is hoped that many of the ten-acre parcels could be reduced to two or three acres if the storage is put inside of a building. Mr. Lund - didn't think many yards had cars sitting in storage for long periods of time. The majority of the yards do not have a vehicle for more than six months. When a vehicle comes in, it is stripped and then hauled out. He felt that buildings definitely would clean up the area. Many of the quick-sells would be put in racks to look more saleable, plus they would be helpful in the winter. The EPA does not have any restrictions or guidelines; however, there should be a curbed lip on the Ofloor to prevent liquids from running into the ground. \ ~ ) . \ ~~ Special Planning and Zoning Commission Meeting Minutes - September 8, 1992 'Page 2 ) JoAnn Wilber, Wilber's Auto - stated the EPA is telling them that oil is not a hazardous waste. There are rules and regulations on how to handle them, but they are not considered hazardous waste. She felt reducing the size of their business down to two or three acres is out of line. Anoka Auto Wrecking is 24 acres; all those along Jay Street are ten-acre yards; some are four or five acres. The crusher and loader needs space to work in, and she felt that two acres is too restrictive. The discussion was then on how allowing the commercial buildings would affect the non-conforming use status of the yards. Mr. Carlberg felt the buildings could be allowed for environmental purposes and to clean up the sites. He didn't think the discussion was to change the status of the yards to conforming uses. Commissioner Apel explained the legal definition is that if 50 percent of a non-conforming use is destroyed for any reason, it cannot be reconstructed. The non-conforming use issue may be one that the dealers will want to address and make recommendations. (Commissioner Pease arrived at this time; 6:56 p.m.) Mr. Lund - stated if he had a building, the things that are now outside would be stored inside. One of the main concerns with the salvage yards ,is how they look; and with building and racking, he felt it would be an /advantage to the public driving by. Pennv DeNucci, Andover Auto Parts - thought the buildings would be a benefit to everyone, everyone in the entire state. Harrv Haluptzuk - stated they are being told that the EPA will be requiring certain things within the next five years. Nothing concrete has been established, but they are being told they will have to build buildings. Because of thisr a lot of them are applying for building permits now. Plus this is the right thing to do. On the other hand, if the City prefers that their land would be developed into residential housing, why doesn't the City corne up with the $350,000 and buy each one of them out. His point was to either allow them to function as a business who want to improve themselves or buy them out to get rid of them. Ms. DeNucci - stated they can't wait until six months before the buildings are required to start building. There was a brief discussion on when and how the yards became non- conforming uses, what that means to the businesses themselves, on the issue of the existing yards versus the in-corning residential development in that vicinity, on the risk if buildings are allowed for non- conforming uses and then they are destroyed by fire, tornado, etc., and that the only way to change from a non-conforming use is to make it a 'permitted use which also allows other yards to establish in that zone. / C) I '\ '-..-I Special Planning and Zoning Commission Meeting Minutes - September 8, 1992 '\ Page 3 .J Commissioner Apel suggested the owners/dealers may want to approach the City Council regarding the non-conforming use issue to see if they would be willing to change it to a permitted use. Any change to the ordinance regarding use or allowing the construction of commercial buildings would have to come from the Planning and Zoning Commission which holds the public hearings and makes the recommendation to the City Council. Norman Biornnes, Jr., Attornev workinq with Anoka Auto Wreckinq - asked if there is a comprehensive plan in place for the area and does it call for the elimination of the auto salvage yards? Mr. Carlberg stated the area is considered a redevelopment district. For many years it has been the intent to eliminate the salvage yards. But not all of the yards are in the Tax Increment Financing District Mr. Biornnes - is it the City's intention, if the owners reduce the amount of their yard coverage, that they would get an equivalent reduction in their tax valuation; that is taxed for only three acres if the business is operating only on three acres? Mr. Carlberg stated that hasn't been proposed. Mr. Biornnes - asked if it has been suggested that some City funds be used to develop a comprehensive plan with the yards so they all look the . ,same. The dealers would get together and make up a plan to fix up their , businesses, provide a buffer to the residential areas, etc. Would the -~City be willing to consider a pilot program to get the City and the land owners together or hire a planner so they can co-exist in the City rather than run them out of business? They pay taxes at a much higher rate than the homeowners do. He stated this is an opportunity to present a plan to allow the yards to stay in business. Another issue is that of "taking" when the City starts to shut down the yards and not compensating them for that. The Commission felt that Mr. Bjornnes' comments were valid, and that they should be raised to the City Council. The idea of getting people together and talking with the City Council is a good one. There is more of an interest now. They suggested the owners/dealers meet and collectively present a plan to the City for improving their businesses. Mr. Haluptzuk - asked about Anoka County's plan to upgrade Bunker Lake Boulevard. Mr. Carlberg stated it is in their five-year plan. The intent is to widen it to four lanes Mr. Halputzuk - stated a long-range plan would be helpful when planning fencing, screening, etc. He stated the developers are buying the land in the area, wanting to move into where they are. If the long-range goals are to eliminate the junk yards, he suggested the City just buy them out now prior to their making any improvements. They don't want to be in a community where they are not wanted. He stated there is a need 'for their businesses, with even more cars coming through the system in '.-/the coming years. He felt the City needs to decide either to buy them out or to allow them to improve their businesses to the point where everyone is satisfied. \ , ~ / , I '-.J Special Planning and Zoning Commission Meeting Minutes - September 8, 1992 \page 4 , / Mr. Carlberg stated the intent when the TIF district was established was to buyout the yards; however, there are no funds to do so. The compromise is to allow the yards to staYr possibly rethinking the City's stand on the issue. One of the ideas was that with the construction of Commercial Boulevard through that area, if the yards were reduced to two or three acres, the back acreage could be sold off for other commercial uses. Ms. DeNucci - stated she has been at a number of meetings, and the Mayor has made it quite clear that the City of Andover will not be able to come up with any money to buy them out. Rick Heidelberqer, Mom's Auto - stated when the City approached him to buy him out, they couldn't offer enough him what they were selling their land for in the Commercial Park, and offered nothing for his business. He didn't believe the City has the money to buy them out. Mr. Carlberg also stated that in the TIF District, the City is better off keeping it as commercial property rather than rezoning to residential. It is the only industrial area in the City, and he didn't think there were any plans to change that. with the construction of Commercial Boulevard, the land would be opened up for other businesses. 'Councilmember Jack McKelvev - stated the Council has talked about /allowing the construction of buildings because of probable requirements from the EPA and MPCA, so they were hoping to get started on it. It has been said in the past that the junk yards were not wanted, but the Council is willing to look at the construction of buildings for these businesses. The City is envisioning more industry out there with the construction of Commercial Boulevard. If the yards would move their operations indoor and reduce the size of the outside storage, they would be able to sell off the back of their property. The Council would like the junk yards cleaned up, and that is why everyone has been asked to get this started. This is not something that can be done tomorrow; it is something that would be done over a period of several years. Mr. Heidelberqer - stated the proposed Commercial Boulevard goes through one of his buildings. Councilmember McKelvey stated the exact route of the road has not yet been determined. Some of those things will need to be worked out. The reduction in the yards is not expected to be that big. He felt a reduction from ten to seven or five acres would be expected, which in turn could then be sold for other industrial uses. Ms. Wilber - heard they became non-conforming uses in 1981. From then to now there have been several plans to build buildings. What stopped them? Mr. Carlberg stated he would have to research them, but once the uses were non-conforming, no further construction or additions should have been allowed. \ / , \ <j ( ) \....1 Special Planning and Zoning Commission Meeting Minutes - September 8, 1992 ) Page 5 At this time the Commission again suggested that the owners/dealers meet to determine a plan for upgrading and improving their businesses which would include the construction of buildings, the reduction of their outside storage, landscaping, etc. Because there was some concern as to the position of the City Council and the question of whether or not the non-conforming use would be retained, Mr. Carlberg suggested that once the owners/dealers have a proposal as to what they would be willing to do to meet or comply with certain regulations or compromises, it should be discussed with the City Council. There was general agreement to that suggestion by the Commission and the owners/dealers who were present. There being no further business, Chairperson Dehn declared the meeting adjourned at 7:48 p.m. Respectfully submitted, ,~~~ , ,Recording Secretary \ )