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HomeMy WebLinkAboutFebruary 28, 1989 o o o o o "..""'(i\ .... '1'\ CITY of ANDOVER ANDOVER PLANNING AND ZONING COMMISSION MEETING MINUTES FEBRUARY 28, 1989 The regularly scheduled Andover Planning and Zoning Commission meeting was called to order by Chairman Becky Pease at 7:30 p.m., Tuesday, February 28, 1989 in the Council Chambers of Andover City Hall, 1685 Crosstown Boulevard N.W., Andover, Minnesota. Commissioners present included Bev Jovanovich, Chairman Becky Pease, Bill Bernard, Don Spotts, Wayne Vistad, d'Arcy Bosell, Gretchen Sabel. Also present was Jay Blake. APPROVAL OF MINUTES The fOllowing corrections should be added to the minutes of the February 14, 1989 meeting. Bev Jovanovich had the following comments and changes: On page 3, second numbered paragraph, she wondered what the intent of at the end of each working day was? Jay Blake explained that the intent of this language was so that any cliffs or drop-offs would be restored at the end of each working day. On page five, under the sign ordinance item, Bev would like a period at the end of the word difficulty and the word "and" deleted, and capitalize the word It, so that this would be a new sentence. Also on page five, last sentence, after the phrase for each of these areas, the words "to be included" should be added. On page six, first sentence, the letter a in the word "are" should be capitalized. In the second sentence, the word of should be changed to on. Also on page six, fifth paragraph an apostrophe and a letter s should be added to read Andover Downtown Center's red sign. On page eight, under council action, the phrase should read, Jay stated the following actions were taken (not taking) by the Council. On page eight, in the last paragraph, it should read the tires burned for three days, and officials were brought in from the EPA and the East Coast. Also in the last sentence, the word when could be deleted. ~) CJ .:J u u Andover Planning and Zoning Commission February 28, 1989 Meeting Minutes Page Two On page nine, paragraph four, should be revised to read, Jay Blake also commented that Andover had fire departments assisting from four cities, including the pUblic works and police department from Coon Rapids. Also Becky Pease stated that the first paragraph on page one of the minutes should be corrected to read that the meeting was called to order by Chairman Becky Pease on Tuesday, February 14, 1989. MOTION was made by Commissioner Spotts, seconded by Commissioner Jovanovich to approve the amended meeting minutes of February 14, 1989. Four yes votes, four present. Motion carried. PUBLIC HEARING REVOCATION S.U.P. R127-84 Jay Blake addressed this item in relating that the City Staff had inspected the site at 1714 Bunker Lake Boulevard on December 27 and found several inoperable vehicles on the property. This is in direct violation of the special use permit. Jay presented some background information -- Mr. Imre was granted in 1984 a Special Use Permit that allowed him to construct a building to sell new and used auto parts. It also stated that he could have no vehicles on the property that were partially dismantled -- no junk vehicles. That would include lots 2, 3 and 4 of the Pankonin Addition as Mr. Imre is the owner of these properties. Jay also reported that Mr. Imre was sent a letter in January stating that he had 20 days within which to come into compliance with the City ordinance. At the end of the 20 days, a second site inspection was made, and no movement in the vehicles was noted. At that time, he was then put on notification according to the Ordinance 72, which states that a person is given 20 days to request a hearing before a Hearing Examiner to discuss the case and make a ruling on the case. Mr. Imre failed to do this. This is why the Planning Commission is here to discuss the City Staff's recommendation to revoke Mr. Imre's special use permit. Jay Blake also presented some photographs of this site inspection. Mr. Spotts asked, in regard to the other properties Mr. Imre was leasing and/or owned, how would the revocation of his special use permit on this particular site affect the operation on the u u u o u Andover Planning and Zoning Commission February 28, 1989 Meeting Minutes Page Three other properties. Jay Blake stated that the original permit granted to Mr. Imre was to disassemble parts of the vehicles at ATV Salvage, and sell to them at his site or at ATV. Mr. Imre was given authority to construct the building for disassembling the automobiles and then sell the parts out of this building. What has happened, explained Jay, is that lot has become full, and this property has been getting leftovers. Mr. Spotts asked if Mr. Imre had any connection with Foreign Parts? Jay stated that Mr. Imre was given a building permit so that he could sell parts from the other two businesses (Foreign Auto and ATV Salvage) while doing business as Right-A-Way. Chairman Pease asked how long this site has been this way? Jay stated it has been like this since last fall and that Mr. Imre has received three certified letters and has not responded to any of them. Jay stated that all of the requirements have been met for revocation -- all property owners within 50 feet have been notified and this hearing notice has been pUblished twice in the newspaper. Chairman Pease opened the public hearing for the revocation of the special use permit for John Imre. MOTION was made by Commissioner Vistad, seconded by Commissioner Jovanovich, to close the public hearing. All voted yes. Motion carried unanimously. No discussion. MOTION was made by Commissioner Bosell, seconded by Commissioner Vistad that the Andover Planning and Zoning Commission recommends to the City Council that the Special Use Permit granted to John Imre for the construction of a building for the purpose of selling and storage of new and used auto parts (Resolution R127-84) be revoked. The Commission finds the following facts: 1. The current use of the property is not in compliance with the conditions set forth in the 1984 Special Use Permit (R127-84) granted to Mr. Imre. o u ~) u u Andover Planning and Zoning Commission February 28, 1989 Meeting Minutes Page Four 2. The current use does not meet the criteria set forth in the Zoning Ordinance, Section 5.03 outlining review criteria for Special Use Permits. 3. The owner, Mr. Imre, has been given due process through written notification of violation dated January 9, 1989, January 23, 1989 and February 15, 1989. 4. A pUblic hearing was held, and there was no appearance by the noticed party, Mr. John Imre, nor was there any public in attendance at the meeting. 5. The revocation of this conditional use permit is in compliance with Ordinance 8, Section 5.03 Conditional Use Permits. Chairman Pease polled the Commission: Yes votes - Gretchen Sabel, Bev Jovanovich, Bill Bernard, Wayne Vistad, d'Arcy Bosell, Becky Pease, Don Spotts. Motion carried unanimously. This item will be forwarded to the City Council on March 21st. Ms. Bosell suggested that there be a new time period, and that the conditional use permit be reviewed on a six month basis. Chairman Pease reopened the Public Hearing and Susan Imre was present, not speaking on behalf of her father, but to hear what the Commission had to say. Jay Blake summarized this item again stating that the Planning Commission had already made a recommendation to the City Council for revocation of the Special Use Permit and that Mr. Imre could operate until March 21st, when this would recommendation would be brought to the City Council. Ms. Bosell asked if Mr. Imre was ill. His daughter said no, he has not been ill; he has just chosen not to respond. Also Mr. Spotts stated that the Council may look at this item again if the area was to be cleaned up before the March 21 date. u u F '\ Andover Planning and Zoning Commission ,_J February 28, 1989 Meeting Minutes Page Five SIGN ORDINANCE, SECTION 8.07 DISTRICT PROVISIONS Jay Blake incorporated the previous recommendations to be included in the pink section of the sign ordinance. He noted that there should be a correction of 32 square feet for a residential district sign, instead of the 24 square feet shown on the first page of the pink sheet. Ms. Bosell stated that the height of the sign of the Downtown Center is 24 feet in height (from ground to top of sign). This currently meets the ordinance. Jay had previously recommended the 25 square feet maximum height. , '\ <.) Other signs discussed: The Super America sign which was 23'8", Champion is asking for 24', and Speedy Market is 15'. So there would be no problems with any current signs to maintain the 25' maximum height on signs for the Shopping Center and Neighborhood Districts. It was requested by Ms. Bosell, in the General Provisions, to delete the words church directional, in item b of number 2. She stated that she has received a lot of opposition from the church community for requiring a conditional use permit to put up this type of sign, with a fee of $160. She can understand this being regulated, but not as a conditional use. Jay recommended that the churches be required to meet the setback requirement, the sign requirement, and the location requirements, but not require a special use permit or fee. There was more discussion on whether other types of institutional facilities were required to obtain permits for similar signs. Jay stated that these other institutions (schools, fire departments, public utilities, etc.) were covered in another part of the general provision section. The permit would be required, but the fee has been waived. Jay will schedule a public hearing for March 28. bring back the final document, with revisions, for the meeting. He will March 14th 'j ,~ " Ms. Bosell stated that if an advertising sign requires a conditional use permit, the terminology should be stated in the general provisions. Jay Blake indicated that this was supposed to be included in the general provisions. Ms. Bosell stated that ~.) u . , ~-) ( \ '-) u Andover Planning and Zoning Commission February 28, 1989 Meeting Minutes Page Six we need to go back to 7.03 (according to Bill Hawkins) and add it in under the different districts to require a conditional use permit. PUBLIC HEARING REVOCATION S.U.P. R127-84 Chairman Pease reopened the public hearing for additional comments. Mr. John Imre was present at 8:30 p.m. to speak to the issue. Mr. Imre apologized for being late, but asked if he could have six months to get out of beautiful, downtown Andover, so he can file bankruptcy or conduct an auction. He said he's had enough of Andover. Mr. Spotts stated that because of certain violations pertaining to the conditional use permit Mr. Imre had in 1984, the Planning Commission recommended to the City Council to revoke this permit. He also explained that if Mr. Imre attempted to clean up the property between now and March 21st, that the City Council may reconsider the situation. MOTION by Commissioner Bosell, Spotts to close the public hearing. carried unanimously. seconded by Commissioner All voted yes. Motion OTHER BUSINESS Comprehensive Plan Update Jay stated that he and Becky attended a seminar. Jay stressed the importance on updating the comprehensive plan. Jay passed out a brief timeline regarding the update of the City's Comprehensive Plan, shooting for an 18-month project. He's targeting for a final approval of the comprehensive plan for December 1990. Jay also stated that the City would need the assistance of an outside consultant that has connections with Metropolitan Council. Jay also stated that the Planning Commission would have to take the lead role in getting the Comprehensive Plan Update off the ground. The comprehensive plan is where the city should be in five years, and the zoning ordinance is how you get there. , " , ) , I ) \.J , \ Andover Planning and Zoning Commission ~~ February 28, 1989 Meeting Minutes Page Seven There will be a request for a proposal to have the Commission on setting up some criteria for the Comprehensive Plan. Procedural Chanqes Jay stated that the pUblic hearing notices have been done incorrectly. The notice, according to the ordinance, should be published 7-10 days before the meeting. Also, there should be some set procedures for operating an orderly public hearings. This could be discussed at a work session. A work session was scheduled for March 21st (Tuesday) at 7:30 p.m. Also, every effort should be made to publish notices of work sessions also. (J ADJOURNMENT MOTION was made by Commissioner Bernard, seconded by Commissioner Vistad to adjourn the regular meeting of Andover Planning and Zoning Commission at 9:10 p.m. Respectfully submitted, d(j0t-?~Y1J (Plan.2) / '\ '--)