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HomeMy WebLinkAboutJune 12, 1990 o '~ o o o C}\, CITY of ANDOVER REGULAR PLANNING AND ZONING COMMISSION MEETING June 12, 1990 MINUTES The Regular Bi-Monthly Meeting of the Andover Planning and zoning Commission Meeting was called to order by Chairperson Rebecca Pease on June 12, 1990, 7:30 p.m., at the Andover City Hall, 1685 Crosstown Boulevard N.W., Andover, Minnesota. Commissioners Present: Ron Ferris, Don Spotts, Randal Peek and Wayne Vistad Commissioners Absent: Bill Coleman and Bev Jovanovich Others Present: Jay Blake, City Planner and d'Arcy Bosell, City zoning Administrator APPROVAL OF MINUTES MOTION by Peek and seconded by spotts to approve the minutes of the Planning and Zoning Commission held on May 22, 1990. VOTE ON MOTION: PRESENT--Vistad. Yes--Ferris, Spotts, Peek and Pease. Motion carried. PUBLIC HEARING, SPECIAL USE PERMIT, MINING PERMIT, 16422 N.W. HANSON BOULEVARD, PAUL BLAKE This is a request to review and approve a Special Use Permit to mine and remove dirt from the property located at 16422 N.W. Hanson Boulevard as is covered in Section 15 of Ordinance 8. Blake stated that the City Engineer has been working with Mr. Blake on this request. He stated that a majority of the dirt will be stockpiled and then removed from the property. Approximately 37,610 cubic yards of soil are proposed to be removed. The owner estimates to remove approximately 10,000 cubic yards per year over the next three years. Mr. Blake stated that he does all of the hauling himself with the use of one truck. He stated that the area is gently sloped and should not present a safety hazard. The piles of dirt are quite wet at this time and need to dry out before he can haul them. Blake stated the City received one call from a neighbor who owns property to the west of Mr. Blake. After he found out the area where the dirt was to be removed, he had no further concerns. .) \ ) ~ , ~ u Regular Planning & Zoning Meeting Minutes--June 12, 1990 Page -2- PUBLIC HEARING At this time, the Public Hearing portion of the meeting was opened. There were no comments. MOTION by Spotts and seconded by Peeks to close the Public Hearing. Motion carried unanimously. Blake stated the owner will need to get permits through the Lower Rum River Water District. MOTION by Vistad and seconded by Peeks that the Andover Planning and Zoning Commission recommend to the Andover City Council approval of the Special Use Permit to mine the dirt at 16422 N.W. Hanson Boulevard, PID No. 15-32-24-11-0001, 0002 and 0004 as allowed by Section 15, Ordinance 8, Section 4.24 subject to the following conditions: 1. Safety precautions be taken at the end of each working day to prevent injury to playing children, bike riders, snowmobilers, etc. 2. The applicant shall provide the City of Andover with a security bond to hold the City harmless for restoration of the site as determined by the City Engineer. 3. Signs to be placed on County Road 78 (Hanson Boulevard) as required by the Anoka County Highway Department. 4. The applicant is requested to make reasonable use of the property without altering the topography greatly. 5. Watering of the haul road to control dust during dry times. 6. Hauling of material is Monday through Friday, 8:00 A.M. to 8:00 P.M. and Saturdays, 8:00 A.M. to 4:00 P.M. 7. The applicant is required to restore the banks of the mined area after the area has been excavated using an approved topsoil, seed, and/or vegetation or mulch to establish erosion control. , '\ () u \ ) Regular Planning & Zoning Meeting Minutes--June 12, 1990 Page -3- 8. Obtaining all necessary permits from the DNR, U.s. Army Corps of Engineers, the Watershed Organizaiton, and any other agency which may be interested in the site. 9. The applicant has indicated the area would be completed one year from the date of approval. 10. Haul routes for removing dirt form the project will be Hanson Boulevard. 11. This Special Use Permit is for a maximum of 38,000 cubic yards of dirt. 12. This permit is subject to review yearly and could be extended for a total period not to exceed two years, at which time the applicant may apply for another Special Use Permit upon satisfactorily completing all procedures as approved by the City Engineer. '\ ) 12. This permit is subject to significant progress being made within one year, or this permit becomes null and void. There was a public hearing at which there were no comments made, either negatively or positively. The proposal will have no significant negative impact on the health, morals and general welfare of the community. The proposal will not have a significant impact on existing traffic conditions. The proposal will have no significant negative impact on property values in the area. The proposal will have no significant negative impact on the Comprehensive Plan. Motion carried unanimously. ,_ J ,-- \ U r \ '--./ '\ , ~ Regular Planning & zoning Meeting Minutes--June 12, 1990 Page -4- PUBLIC HEARING, SPECIAL USE PERMIT, CONTINENTAL DEVELOPMENT CORPORATION, REAL ESTATE SIGN, 14433 N.W. HANSON BOULEVARD Bosell stated that this is a request for a Special Use Permit to allow Continental Development Corporation to place a real estate sign on property owned by John and Beverly Scherer at 14433 N.W. Hanson Boulevard. The Scherer's have joined the application with the reservation that they retain the ability to give thirty day notice for removal of the sign. The proposed sign is 32 square feet, which meets the criteria of the Sign Section of Ordinance 8, Section 8.07. The sign would be subject to setback requirements. Bosell stated that although the sign is advertising a housing development outside of Andover, it is allowed under the Statute. Staff also stated that a written agreement will have to be prepared to provide for the maintenance of the sign and the area for review by the City Attorney. \. , ~ Staff recommends approval of the request for one year with review at the end of that time and recommends a two year maximum. PUBLIC HEARING At this time, the Public Hearing portion of the meeting was opened. There were no comments. MOTION by Vistad and seconded by Ferris to close the Public Hearing. Motion carried unanimously. MOTION by Ferris and seconded by Vistad that the Andover Planning and Zoning Commission recommend to the Andover City Council approval of a Special Use Permit to Continental Development Corporation to erect a sign at the intersection of the southeast corner of Andover Boulevard and Hanson Boulevard, and approval is contingent upon the following conditions: 1. Such sign will be set back the proper sight distance, 15 feet in each direction from Hanson Boulevard and Andover Boulevard. 2. The sign would be limited to 32 square feet in Slze and would be a double-sided sign. \ J 3. The Special Use Permit is granted for a period of two years, and the sign must be removed by Continental Development Corporation within two years. r '\ '0 u '\ '. ) Regular Planning & Zoning Meeting Minutes--June 12, 1990 Page -5- 4. The owner of the property maintains a right of 30 day notice to have the sign removed. 5. The sign is not to be lit. 6. The maintenance of the sign and area would have to be in the form of a written agreement approved by the City staff. 7. The sign shall not be within ten feet of any property line. 8. The Special Use Permit is subject to significant progress being made within one year, or this permit becomes null and void. 9. The Special Use Permit is subject to a one year review. Motion carried unanimously. \, ) VARIANCE, LYLE DUNN, SIDE YARD SETBACK, 2261 - 139TH AVENUE N.W. Blake stated that this is a request of Lyle Dunn to allow for the construction of an accessory structure to within three feet of the side yard on his property described as Lot 4, Block 2, Red Oaks Manor, Second Addition. Under Section 6.02 of Ordinance 8 a side yard setback for accessory structures is ten feet. Attached garages may encroach to within six feet if they are at least 440 square feet in size. The applicant is proposing to construct a 660 square foot garage in the rear yard of the. property. The proposed setback is three feet from the existing side property'- line, requiring a seven foot variance from the side yard setback requirement. Blake stated that back in approximately 1967, a narrow wedge piece of property was shifted to the adjoining lot of the Dunn property because the house on the adjoining lot was mistakenly built too close to the property line. This left the Dunn property with a slightly narrower backyard. \, , .J Although there is a steep slope from the rear of the house to the level area where the garage is proposed to be located, Staff does not feel there are physical features on the property that would preclude the owner from constructing the building an additional seven feet to the west to meet requirements. u (J \ Regular Planning & Zoning Meeting Minutes--June 12, 1990 Page -6- ~ ) Also, staff does not feel the variance is necessary to allow the property owner the reasonable use of the property. Mr. Dunn stated the grade of the driveway would be affected if the garage is to be set further to the west because of the sloping factor. It is Staff's opinion that the request does not meet the hardship requirements as set forth in the City's Zoning Ordinance and recommends denial of this request. MOTION by Vis tad and seconded by Spotts that the Andover Planning and Zoning Commission recommend to the Andover City Council denial of the variance requested by Lyle Dunn to allow the construction of an accessory structure to within three feet of side yard, therefore requiring a seven foot side yard variance on the property described as Lot 4, Block 2, Red Oaks Manor, Second Addition. The proposal does not meet the requirements set forth in the City's Zoning Ordinance 8, Section 5.04. , , The Commission finds that no hardship exists due to the unique shape or topography of the property that would preclude the owner from reasonable use of his property. , / The variance would not have a significant negative impact on the public welfare, however no justification to grant the variance exists on the property. The request for an accessory building is reasonable, however the location does cause some difficulty because there is nothing in the lay of the land to prevent locating the building another seven feet to the west to meet the setback requirements. No hardship is created by requiring the structure to meet setback requirements. Motion carried unanimously. PUBLIC HEARING, SPECIAL USE PERMIT, BLUELINE COLLISION, REPAIR BUSINESS IN GENERAL BUSINESS DISTRICT, 2352 - 136TH AVENUE N.W. ) This is a request for a Special Use Permit to allow the operation of a repair garage in Andover's Commercial Park. The owner, Ric Haugland, is awaiting approval from the City on this location in order to secure Small Business Administration funding for the project. Mr. Haugland has also appeared before the Economic Development Committee to review the plans. They have recommended the Special Use Permit be obtained prior to the City selling the property to the applicant. / u u \ Regular Planning & Zoning Meeting Minutes--June 12, 1990 Page -7- The proposed business is a collision repair business specializing in insurance work. It has been in operation for several years at 14114 Round Lake Boulevard. This property is zoned R-4 single family, and Staff has been working with the owner to move the business from the residential district to the Commercial Park for nearly a year. Blake stated the proposed development site is approximately 1.7 acres, and the building size would be 11,524 square feet and would meet setback requirements. The building will include office space, repair areas and a paint room. The proposed plans also include a six foot high wood fence, plantings for screening and the required number of parking spaces. Blake also stated that the applicant is aware that no inoperable and/or unlicensed vehicles or dismantled vehicles may be stored outside of the building. Mr. Haugland stated that this would not be a problem because the majority of the vehicles outside , ~ would be those waiting to be picked up. ,) 1 ~ / Spotts stated that even if a vehicle was parked outside because they were waiting for a par~, that this did not necessarily mean the vehicle was inoperable under the definition of the ordinance. Ferris questioned the possibility of having a higher fence, perhaps eight feet. Staff stated that the engineering design for that high of a fence would have to include special needs for potential wind damage and makes it very costly. PUBLIC HEARING At this time the Public Hearing was opened. Keith Nelson, 2363 - 135th Avenue N.W. stated that he lives just south of this proposed site. His house sits on a hill and is concerned that there is maximum screening, although he knows it would be impossible to screen it entirely. He also stated he was aware that this was a commerical area and eventually businesses would be building there. He also expressed concern about potential water and land pollution. There is a drainage area and he was concerned that if there was a paint spill, it could back up and destroy the grass of the surrounding yards. \ Regular Planning & iu~ing Meeting Minutes--June 12, 1990 Page -8- o \ Mr. Haugland explained how the painting operation would work, and stated that his hazardous waste would be picked up by a company specializing in this. He stated there will be special hook-ups from the building that will go straight into the truck. The air-exchange unit will exchange the air in the building six times every hour. / Mr. Nelson stated he felt better with this knowledge. Staff stated the drainage study was completed for the entire commercial park and takes into consideration this drainage area and holding ponds area. Staff stated that buildings are restricted to 30% of the ground cover. MOTION by Spotts and seconded by Vistad to close Public Hearing. Motion was carried unanimously. Ferris expressed concern that this is not an appropriate use for a new building in the Commercial Park. MOTION by Vistad and seconded by Peeks that the Andover Planning and Zoning Commission recommend to the Andover City Council approval of the Special Use Permit requested by Blueline Collision, to allow the operation of a repair garage in a GB district as allowed by Ordinace 8, Section 7.03 by the following described property: Lot 2, Blk 2, Andover Commercial Park, Anoka County, Minnesota. \ ) The proposed use would not be detrimental to the general health, safety, morals and general welfare of the community. It will not cause serious traffic congestion or hazards. It will not seriously depreciate surrounding property values. It is in harmony with the general purpose and intent of the Zoning Ordinance and Comprehensive Plan. A Public Hearing was held and one individual had a written statement, but did not seem to have a problem. One individual appeared at the Public Hearing to express concerns about fencing and drainage. The approval is subject to the following conditions: A. Approval is subject to filing and completing the Commercial Site Plan process including review and approval by the Andover Review Committee. B. The applicant will keep all current state and local hazardous materials generators permits on file with the City Planning Department. \ / C. If significant progress is not made within twelve months of the approval of the Special Use Permit, The permit shall be declared null and void by the City Council. . \ ~ u , , ) Regular Planning & Zoning Meeting Minutes--June 12, 1990 Page -9- D. The applicant will include additional berms and both deciduous and coniferous plantings on the south and west sides of the property line as part of the overall landscaping plan. E. The applicant will not store any inoperable, unlicensed or dismantled vehicles outside of the proposed building. F. The site plan will allow for required parking facilities on the site. G. This is subject to a yearly reVlew by Staff. Discussion included Ferris' objections to approving a new building for this type of business in the Commercial Park. vote on MOTION: Yes--Spotts, Peek, Vistad and Pease. No-- Ferris with explanation as follows: , ) 1) I do not believe that the Special Use Permit should be used to create a building. It should be used to allow different uses within a building. I believe that when granting a Special Use permit and placing special criteria on it the City is not in a position to uphold the criteria when extensive financial implications have been involved for the developer or the owner in order to execute the special use permit. 2) I also do not believe it is in the best interest of the GB district or this particular industrial park. Motion carried. VARIANCE, WOODLAND DEVELOPMENT, FRONT YARD SETBACK, 13373 LILY STREET N.W. Blake stated that this is a request by Woodland Development for a two foot variance on a home constructed by them for Mr. and Mrs. Dan Sigmon at 13373 Lily Street N.W. Specifications for the home when it was built was for the garage to be 22 x 22 feet. Unfortunately the garage was constructed at 20 x 22 feet. The Sigmon's have a large older car which is difficult to house at the current size of the garage. / Woodland Development would like to construct a two foot addition onto the existing garage structure to meet the terms of the purchase agreement. \ <J (j \ / Regular Planning & Zoning Meeting Minutes--June 12, 1990 Page -10- Ordinance 8 allows the City to grant the variance if it meets the interpretation for unnecessary hardship. It is Staff's recommendation that this variance does not cause unnecessary hardship as it pertains to the interpretation of the zoning ordinance. MOTION by Peeks and seconded by Spotts that the Andover Planning and Zoning Commission recommends denial for the variance requested by Woodland Development per item B of the Planning Commission's memo in that the Commission finds that the proposal does not meet the requirements set forth in the City's zoning Ordinance 8, Section 5.04. The Commission finds that no hardship due to the unique shape or topography of the parcel exists and that the landowner would not be precluded reasonable use of the property. Motion carried unanimously. GENTHON PONDS ADDITION SKETCH PLAN The Planning and Zoning Commission is requested to review , the proposed sketch plan of Genthon Ponds Addition. This ) is a continuation of an item from a previous meeting. Blake stated that the Andover Review Committee has reviewed the sketch plans, and their comments are included with tonight's packet. This development now proposes thirteen lots and will not be a planned unit development. After reviewing the sketch plan and comments by the Andover Review Committee, the Planning and Zoning Commission made the following comments: 1. University extension right of way should be dedicated. 2. Avoid variances if at all possible. 3. The Commission is in concurence with the comments by Staff. Staff will prepare these for the City Council meeting on June 19, 1990. KOBS, SKETCH PLAN, DISCUSSION \ ,) The Planning and Zoning Commission is requested to review the proposed sketch plan of Ken Kobs for the development of nine lots each with a minimum lot size of 2.5 acres. \ / , ) , ) u r ~ u Regular Planning & zoning Meeting Minutes--June 12, 1990 Page -11- Blake stated that the sketch plan has been reviewed by the Andover Review Committee and included a copy of their comments in tonight's packet. The Commission discussed the possibility of revising the ordinance so that it addresses frontage size on cul-de-sacs to avoid the necessity of granting variances for these type of lots. The Commission also expressed concern regarding the access on Tulip Street as that becomes a well-traveled street. The Commission had questions on the frontages of Lots 8 and 9, as well as the fact that the proposed cul-de-sac is 800 feet in length compared to the 500 feet allowed in the ordinance. ADULT USE BUSINESS RESTRICTIONS, DISCUSSION Blake stated that he had talked to City Attorney Hawkins on this date. Attorney Hawkins stated that he did not feel it was necessary to establish a 1,000 foot buffer zone because he feels the City's ordinance will apply for uses in existing communities. In reviewing the draft, under Section 3, 2. zonings M-1 and M-2 should be added. Also, under Section 3, 3. the words "to the property line" should be added after the words "from the buildings". OTHER BUSINESS The Commission discussed the affects to the Andover side of the construction work being performed by Stanton in his development south of Woodland Terrace in Coon Rapids. MOTION by Ferris and seconded by Vistad that Pease request the City Council to have the City Engineer speak for a few minutes at the Council Meeting on June 19, 1990 regarding this topic. Motion carried unanimously. The Commission also discussed the resignation of Jay Blake as City Planner. The Commission expressed to him their regret at his leaving and wished him good luck at his new position. \ o u \ Regular Planning & Zoning Meeting . ./ Minutes--June 12, 1990 Page -12- MOTION by Ferris and seconded by Vistad that Pease recommend to the City Council that the work being done by Urbanalysis be put on hold until a new city planner has been hired and has been on staff for 30 days. Motion carried unanimously. There being nothing further on the approved agenda, Chairperson Pease declared the meeting adjourned as 12:13 a.m. 27~Ul;;U~ Cindy ~Nutter Recording Secretary \ ) \ I J