HomeMy WebLinkAboutMarch 13, 1990
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CITY of ANDOVER
PLANNING AND ZONING COMMISSION
MARCH 13, 1990 MEETING MINUTES
The regularly scheduled meeting of the Andover Planning and Zoning Commission
was called to order at 7:30 P.M. by Chairman Rebecca Pease on Tuesday, March 13,
1990 at the Andover City Hall Offices, 1685 Crosstown Blvd; Andover, MN.
Commissioners Present: Chairman Pease, Ron Ferris, Don Spotts, Bev Jovanovich,
Randal Peek
Others Present: Jay Blake, d'Arcy Bosell
Approval of Minutes
Minutes from the March 5, 1990 meeting were not available. The commission will
receive them at the March 27, 1990 meeting.
Ordinance 8, Home Occupations
Staff presented a draft Ordinance 8 Amendment for review by commission. Amendment
was written to allow greater flexibility for home occupations in rural areas.
Section 3.02 of proposed draft separately defines Home Occupation, Rural and Home
Occupation, Urban.
Special Use Permit criteria is outlined specific to rural home occupations. A
Special Use Permit would be valid for one year, subject to annual review.
Ferris stated the landowner must be notified that SUP could be revoked if land use
in surrounding properties intensifies.
Blake noted conditions should be reflected in SUP.
Ferris stated his belief that Ordinance should be specific. Ferris noted a SUP
could be difficult to legally revoke if Ordinance is not clear.
Bosell suggested annual calendar review of SUP.
Ferris noted a review done at staff level would not allow for public comment.
Blake stated complaints and concerns are received by city office on a regular basis.
spotts suggested SUP applicants submit written request for permit/renewal including
rationale for request.
Blake noted such a condition could be included under D. Inspection and Revocation
of proposed draft ordinance amendment.
Ferris suggested ordinance addressing storage of commericial vehicles be referenced
in ordinance addressing home occupations.
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3/13/90 Meeting Minutes
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Pease requested further discussion on storage of home owner vehicle with advertising
versus storage of a vehicle owned by homeowner's employer.
Ferris requested (2) Rural Home Occupations, E, be more specific.
Bosell recommended Rural and Urban be defined by zoning district.
FOllowing are comments and changes to criteria listed under General provisions of
Urban Home Occupations.
a) Approved as drafted.
b) Approved as drafted with comments as noted:
Basement may be counted as liveable floor space if requirements are met
for window ingress/egress.
An attached garage is not considered part of the principle structure when
figuring 20% of the dwellings liveable floor area.
c) Approved as drafted.
d) Approved as drafted with comments as noted:
An example of interior alteration would be a sales counter.
e) Reference to Ordinance 8.08 will be included. opening sentence will read
"Vehicles associated with an urban home occupation shall be limited to one
automobile, pick-up or van on the premises."
It was determined "van" need not be further defined as corrunercial vehicle
weight restriction will apply.
The clause"which shall be parked in a garage if the name of the home occupa-
tion or advertising appears on the vehicle" will be deleted. This deletion
is a point of consideration but consensus of Planning and Zoning Corrunission
is to allow outside parking, for the following reasons:
Difficulty of enforcement
Source of complaint may not be related to parking of vehicle
f) The word "customer" will be deleted. The statement "No off street parking
associated with the home occupation is allowed" will be included.
g) Reference to Ordinance 8.07 will be included.
Blake noted that section 7.04 of Zoning Ordinance lists excluded uses on property.
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Planning and Zoning coroJ~ion
3/13/90 Meeting Minutes
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Bosell reco~mended a notice process. This information will assist safety efforts
.~ and allo'~ city to advise fire deoartment of notential hazards.
Ferris favors registration of all home occunations. He stated the city has a
resoonsibi1itv to notential buyers to inform of activities on surroundin~ Droperties.
Blake stated mandatory registration would allow city to check legality of business.
Pease noted there may be opposition to registration.
Blake stated it may be unreasonable to require a
such as ,mrd nrocessing, envelope stuffing, etc.
communities that do require a SUP for every home
sun for certain home occupations
He noted there are several
occunation.
Ferris noted a SUP would give city ability to restrict if deemed necessary. He
suggested compiling a list of occupations that '~ou1d not require a SUP (such as
word processing): all occunations not listed would need to obtain SUP.
Pease suggested need for sun could be determined by "hether occunation is service
or nroduct oriented.
Ferris requested ordinance include statement to the effect that occupations not
included on list require SUp. All occunations listed require registration.
Following are conments regarding Rural Home Occunations:
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It was proposed that occupations not included on list require SUP for rural as
well as urban hone occupations. All occupations listed ,?i11 require re~istration.
Bosel1 explained a major difference between Rural and Urban occupations is that
business can be conducted from an accessory structure under the regulations for
Rural.
Bosell reconmended all conditions set out in Section 4.30, Subsection B, 1 anp1y
to Home Occupations, Rural.
Peek stated separate sections for Rural and Urban ordinances will set a no or
precendence for future ordinances.
Rosell noted there will be other imnacts on Urban vs. Rural, such as lot splits.
Ferris favors separate conditions for Urban vs. Rural. Greater flexibility will
be allowed when reviewing rural application for SUp.
Bose11 noted tax base to city is denreciated when allowing home occunations.
Blake noted portions of our community that are currently rural will be urban in the
near future. Because the community is in transition it ,~il1 be difficult to
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Planning and Zoning Commission
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enforce separate cirteria of ordinance. Blake does not favor establishin~ separate
ordinances for home occupation.
Ferris suggested adding condition "h" to Urban Home Occupation section. Condition
"h" ,...ould state uses not specificallv named may be allowed if mmer is granted
a SUP by the city of Andover. In rural areasT business mav be conducted in an
accessory building if acreage requirements are met.
Ferris stated division of rural/urban is an issue involving both the function of
land and location.
Blake will draft a set of criteria for allowed uses. He will also draft a section
stating other uses ~ay be considered for a SUp. Criteria could be established for
review of SUP application.
Bosell stated accessory building built on a lot less than one acre cannot exceed
75Z of the square foota~e of the princinle structure. Accessory buildings built
on a lot over one acre and less than five acres can be 100% of the square footage
of the principle structure.
Ferris noted a 3 acre lot may be considered rural as 3 acres is minimum size allo"ed
for pole barns, large trucks. etc.
Pease questioned how that ~:ould affect areas containing 2 1/2 and 3 acre lots.
Blake noted the stebacl:s required for accessory structures will apply.
Blake stated he believes a five or 10 acre minimum is more appronriate.
Consensus of Planning and Zoning Commission is to recommend to City Council a
five acre minimum to be considered rural under Home Occupation. The justification
for this size requirement is to ensure the business does not disturb the rural
residential environment.
Blake noted a five acre minimum would tie in with the metes and bounds lot split.
Bosell noted that rural a~ use and urban ag use also breal:s at five acres.
Blake "ill redraft ordinance amendment and present to planning and Zoning Commission
at next regularly scheduled meeting.
Bosell requested cocrmission members note home occupations to aid in compilation of
Horne Occupation List.
Ordinances 3 and 40 Sunset Clauses
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The Planning and Zoning Conrnission was asked to review draft amendments to Ordinance
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g and 40 (as requested by City Council) that would limit the terms of Special Use
Perr:1its, Variances and Lot Splits. The City Council has requested that "sunset
clauses" be established for certain Council actions.
Pease suggested nine months, as long as significant progress is being made.
Bosell noted the time frame has more to do with the person than the process.
Ferris reco~~ends a six month time frame, after which person would need to reapply.
Blake recommends a nine month time frame, at tyhich point three month notice is
given. He feels for certain nrojects that may require a Special Use Permit
or Variance, six months is not adequate. Blake su~~est~d offering an oppportunity
to appeal for an amended SUP and/or an extension.
Ferris suggested ordinance be t,ritten to state the Planning and Zoning Commission
tdll make recoTJ'lendation for variance. City Council will dictate time frame.
Ferris approves the nine month plus three month notice for SUP as the SUP is
reviewed annually.
Pease questioned if ordinance would be construed as arbitrary.
Peek stated a reco~~ended time frame could be established with room for ad1ustment.
Bosell noted there will be an appeal provision.
Ferris reco~ends this draft amendment is reviewed by City Council before time
of public hearing.
The Planning and Zoning Co~mission concurred a nine month plus three month notice
time frame is a reasonable standard.
Draft ordinance will be passed to City Council prior to public hearing scheduled
for first Council meeting in ~nril.
Ordinance 8T Curb Requirements
ft~aiSl1oted theC;[ty Building Department requested Ordinance 3 specify concrete
curbing for non residential parking areas.
Other Business
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The opening on the Planning and Zoning Commission has been advertised. Applications
are due the end of ~arch. Currently the commission is represented by three members
residing in rural area of city and three members residing in urban area.
The next Comprehensive Plan Update Task Force meeting is scheduled for 'larch 22, 1990.
~'IOTION made by Ron Ferris to ad.10urn. Second to motion by Don Spotts. All
commissioners agreed to motion: meeting adjourned at 10:45 p.M.
Respectfully submitted,
Theresa Hogan