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HomeMy WebLinkAboutMarch 28, 1989 o o o(C}\ CITY of ANDOVER ANDOVER PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTES MARCH 28, 1989 The regular meeting of the Andover Planning and Zoning Commission was called to order by Chairman Becky Pease at 7:30 p.m., Tuesday, March 28, 1989 at Andover City Hall, 1685 Crosstown Boulevard N.W., Andover, Minnesota. Commissioners present included Chairman Becky Pease, Bill Bernard, Don Spotts, d'Arcy Bosell, Gretchen Sabel, Bev Jovanovich. Also present were Jay Blake and Dave Almgren. APPROVAL OF MINUTES Commissioner Jovanovich had the fOllowing corrections for the minutes of the February 28, 1989 meeting. o - Page 2, under Public Hearing, second paragraph, second sentence, the phrase, "no movement in vehicles" should be revised to read "no movement of vehicles." - Page 4, third paragraph, last sentence from the bottom, the word "would" should be removed before recommendation. MOTION was made by Commissioner spotts, seconded by Commissioner Bernard to approve the minutes of February 28, 1989 as amended. All voted yes. Motion carried. Chairman Pease reviewed the procedures for holding a pUblic hearing at the Andover City Hall. HEIDELBERGER: VARIANCE. 2052 BUNKER LAKE BOULEVARD Mr. Blake explained that the Heidelbergers were requesting a variance to allow the completion of a non-conforming garage currently under construction for the property at 2052 Bunker Lake Boulevard. He further stated that the structure was initially started more than 15 years ago and at that time no building permit was issued, thus making it an illegal structure. Mr. Blake also stated that because the structure is a residential structure in an industrial district, the use of the property is considered non-conforming. o Mr. Blake commented that the City, under Ordinance #8, may grant variances if the strict interpretation of the ordinance will cause undue hardship to the property owner. The City u o , , Andover Planning and Zoning Commission ~ March 28, 1989 Meeting Minutes Page Two Planner, after reviewing the request, felt that a hardship was not created in this situation as the mere location of the building does not constitute a hardship. Also a hardship is not created by the unique physical features of the land as the owner located it improperly and, therefore, created his own hardship. Also Mr. Blake recommended that the land owner would not be precluded reasonable use of the property. Ms. Bosell expressed her disagreement in that this structure is an illegal structure, not a non-conforming structure. She also stated that the Planning Commission would then be looking at granting a variance from Ordinance 8, Section 9B relating to the construction of a structure without a building permit. Mr. Rick Heidelberger, 2052 Bunker Lake Boulevard, stated that he was the third owner of this property. His dad apparently started the building 15 years ago. ,-- --, U Ms. Sabel asked if the building meets code. Mr. Almgren stated there is major work that needs to be completed before it would meet code. Mr. Heidelberger stated he would be willing to work with Mr. Almgren in getting whatever work done that is needed to bring this garage up to building code standards. Mr. Bernard asked why Mr. Heidelberger didn't do things properly and sooner? Mr. Heidelberger responded saying that he just didn't get around to it, he let things go too long, but that he now was willing to do things properly. Mr. Heidelberger expressed his interest in working with the City, instead of against it, as his father has done in the past. Mr. Bernard asked if it was possible to make this structure conforming. Mr. Almgren stated yes, but it would have to practically be rebuilt. Mr. Heidelberger stated he would do whatever was necessary to bring the structure up to code. It was Mr. Almgren's feeling that the necessary steps should have been taken a lot earlier to work with the City in completing this project properly. Mr. spotts asked Mr. Heidelberger if the structure was completed. Mr. Heidelberger stated that the building was not wired as yet, but other than that it was done. , "- o u u \ Andover Planning and Zoning Commission ~~ March 28, 1989 Meeting Minutes Page Three There was some discussion about the trusses used in the building. Mr. Heidelberger stated the trusses were 2 x 6 and 2 x 8 trusses. Mr. Almgren stated that the trusses were not certified for this particular use and did not meet code. Mr. Bernard had a concern on why it took so long for Mr. Heidelberger to come to the City. Mr. Heidelberger stated he had a concern of approaching the City for a permit because of all the issues his father had been involved with in the City, and he admits that he probably took the wrong attitude at that time. A person from Osseo stated that he felt that because Mr. Heidelberger agreed to do whatever the City stated he needed to do to meet code, that the problem would be solved. Mr. Bernard asked if it might be a good idea to table this item to gather more information and take a look at the site. / , . i '-/ MOTION was made by Commissioner Bernard, seconded by Commissioner spotts to table this item until the next Planning and Zoning Commission Meeting to be held on April 11th, 1989. 5 Yes votes, 1 No vote-Commissioner Jovanovich. Motion carried. PUBLIC HEARING: DOUGLAS LAWRENCE. REZONING R-4 to GB Mr. Blake presented the request for rezoning by Douglas Lawrence for the property located at 13311-13 Round Lake Boulevard. The proposed use would be for a convenience store/gas station/car wash. Mr. Blake stated that the property is surrounded by residential uses on all three sides. He also commented that the size and location of the property makes it a difficult parcel to develop. Mr. Blake outlined several items from the City's Comprehensive Plan which would affect this proposal. Ms. Sabel asked what the land use was on the Coon Rapids side. Mr. Blake stated that it is currently vacant and is scheduled for a multi-family, residential-use district. u Ms. Pease asked what would the access areas be if this project were to be done. Mr. Blake stated that the developer had planned to have one access directly onto Round Lake Boulevard located on the south side of the property. The preliminary design shows two accesses (in/out) on 133rd Lane. u o ~ Andover Planning and Zoning Commission March 28, 1989 Meeting Minutes Page Four Ms. Pease asked what solutions there would be for traffic control problems. Mr. Blake stated that there would have to be major planning for Round Lake Boulevard. He stated that what is planned right now is a stoplight at 135th Avenue and Roosevelt, on the Coon Rapids side. Coon Rapids will have lights at Northdale and at the exit of Round Lake Boulevard and Highway 10. Mr. Bernard asked what an appropriate use of this parcel of land could be. Mr. Blake stated that some sort of residential use -- a quad, an eight-plex or townhouse -- could be an appropriate use. One of his concerns was keeping the residences on Silverod Court buffered from this property. He felt it would be difficult to be use this area as a commercial use. I , , ) ~ The Planning Staff recommended the option to deny the request of Douglas Lawrence for the rezoning of the stated property for the following reasons: (1) the proposal doesn't meet the requirements set forth in the City's Comprehensive Plan and (2) because of the proximity of other neighborhood business and major shopping facilities, the proposed location would not serve the interests of area residents and the City. Chairman Pease opened the pUblic hearing. Mr. Lawrence stated he has looked at this property over a year ago. He also felt this was a hard piece of property to develop, and there's a lot of traffic off of this road. He plans to put a Phillips 66 station on this land, similar to the one on Highway 10 and Hanson Boulevard. Ms. Sabel asked if Mr. Lawrence had conducted any market surveys. Mr. Lawrence responded saying that it would be a substantial cost to conduct a market survey, but that the Phillips people have been out several times and they agree that this is a good location for a gas station. He also stated that the Phillips people do not do touch anything without a marketing study. If it doesn't meet their criteria, they don't build it. Gary Jutt, 13314 Silverod Court NW, who is a resident of one of the houses behind the proposed lot stated he agrees with the Comprehensive Plan and in trying to keep this area residential. Also, he stated there are already 4/5 convenience stores within a two-mile radius. He didn't feel there could be an appropriate buffer from the residences. Everyone wants to keep this as an ~, R-4 residential. ,j u o / "\ Andover Planning and Zoning commission ~_/ March 28, 1989 Meeting Minutes Page Five There were about 30 residents at this meeting who raised their hands in disagreement with rezoning this property. Sue Coyle, 13493 Marigold Street, is a resident at the other end of the development, but agrees with Mr. Jutt. She feels a multiple dwelling in this area would do very well. Nora Lindgren, 13355 Round Lake Boulevard, lives directly across the street. She was concerned about her property value if this type of gas station is allowed to be built on this site. Roy Velander, 13337 Rose Street, lives on the next cuI de sac from this area. Some of his concerns were the traffic considerations, and felt that if this was built, the traffic would have to go through his development to exit. He asked if anybody notified Coon Rapids that this property could be rezoned. Mr. Blake stated that a copy of a public hearing was sent to the City of Coon Rapids. () Carmen Dryde, is a resident on 134th, a block from this area. She doesn't understand why anyone would want to put a commercial area in this small area, in a residential neighborhood. Another resident spoke who lives directly behind this proposed side. He stated this was his first house and he probably would not have bought this property if he knew it would be close to commercial property. The residents were in agreement they would like a single- family home at this site. Chairman Pease asked the audience, given the fact that this piece of land is hard to develop, who would be opposed to putting a multi-family dwelling put on this site. Most of the residents agreed this was better than a commercial use. Ms. Bosell asked what the frontage was on 133rd - Mr. Lawrence stated it was 330' along Round Lake Boulevard, and 175' of frontage on 133rd. Chairman Pease closed the public hearing. C) , \ \...J (j :~ Andover Planning and Zoning Commission March 28, 1989 Meeting Minutes Page Six MOTION made by Commissioner Jovanovich, seconded by Commissioner Spotts, that the Andover Planning and Zoning Commission recommends to the City Council disapproval of the rezoning request of Douglas Lawrence for the property at 13311-13 Round Lake Boulevard (Lot 1, Block 1, Weises Second Addition) to build a convenience store/gas station/car wash to rezone it from R-4 to general business zoning. The proposal does not meet the requirements set forth in the City's Comprehensive Plan and Development Framework with regards to the location of the commercial centers in the City. Because of the proximity of other neighborhood business centers and major shopping facilities, the proposed location would not serve the interests of area residents and the City. Also because of major traffic problems this would create for residents, the proposed location would not serve the best interests of the residents. A public hearing was held, and there was much opposition to this proposed rezoning. r " ,,) Discussion: Ms. Bosell suggested that the related ordinance be included in the motion - Ordinance 8, Section 5.02 (Rezoning). Chairman Pease polled the Commission: Yes - Ms. Sabel, Yes - Ms. Jovanovich, Yes - Mr. Spotts, Yes - Mr. Bernard, Yes - Ms. Pease, Yes - Ms. Bosell. Motion carried unanimously. This item will go to the City Council on April 18th. The Andover Planning and Zoning Commission recessed at 9:00 and reconvened at 9:10. PUBLIC HEARING: SPECIAL USE PERMIT. NORTH TWIN CITIES CHURCH OF CHRIST Jay Blake presented the request of North Twin Cities Church of Christ to locate a church congregation in a residential district. The request is to renovate an existing single family home at 14191 Prairie Road NW. The church plans to purchase the home and renovate the property to meet the needs of the small, but growing church. The property is currently in a rural R-l residential district is approximately 10 acres in size. ,) The staff's recommendation is to table the item until architect plans can be completed and reviewed. u f~ U r ~ Andover Planning and Zoning commission ~ March 28, 1989 Meeting Minutes Page Seven Mr. Blake had a concern about changing the structure of the house (for mens restrooms, ladies restroom and access by handicapped), it would be difficult to change the home at a later time if the church decided to leave the site. He also thought by doing this, it could have a negative property value on the adjacent properties. Ms. Pease opened the pUblic hearing. Mr. Fred Boggs, of North Twin Cities Church of Christ, stated they haven't gone to get the plans drawn up by architects because they haven't made a bid on this piece of property yet. But he stated that they could have this done if the Board needed it. He also stated they would make the necessary changes to the parking lot as required by the City. They would make the house into a meeting area until such time as they could expand and make it a larger meeting area, as they grow as a congregation. ( '\ '- ) Mr. Spotts asked if this was strictly a meeting hall and not a residence. Mr. Boggs stated that this would be a meeting hall only with offices. At some later point, a sanctuary would be added according to the growth of the church. Ms. Pease asked what the timeframe might be for Mr. Boggs stated that they hoped to reach a point of 3-5 years, Presently, they have one meeting a week. probably meet twice a week. these plans. expansion in They would Mr. spotts asked how many vehicles would there be parked for these meetings. Mr. Boggs stated currently they have approximately five or six cars at each meeting. Mr. Boggs would be at the house to conduct counselling, studies or whatever would be needed during the week. Ms. Bosell asked how the house would be planned out -- Mr. Boggs stated that the meeting room would be located downstairs and office space upstairs. Alan Chapman, 14212 prairie Road, was present to state that this area should be kept a single-family residence. He doesn't feel the use is fitted to the area. . '\ .~ C) ~) / "\ '-~ l~) o Andover Planning and Zoning Commission March 28, 1989 Meeting Minutes Page Eight Tom Chouinard, 14123 prairie Road NW, has lived in this area for 20 years. He fears the expansion part of the church--the traffic and congestion of the area. Also he's concerned with his property value. Jeff Johnson, 14396 prairie Road, owns two pieces of property on Prairie Road. He plans on building a walk-out rambler on one of the pieces, and he wanted to get a lot of southern exposure. He'd like to see the house kept the same way. Ann Bills, 14367 Prairie Road NW, stated she just moved in two years, and moved here because it was a rural atmosphere, and they do raise horses. By putting a church on this site, totally negates everything all the reasons they bought the property for. Dick Turner, Greenhaven Drive, Brooklyn Park, stated he attends this church. His experience has been that this area has been booming and will not stay rural. He didn't feel the parking would be a problem as this is a smaller size church. The area would remain relatively quiet except for a couple of hours on Sunday. Ms. Pease closed the pUblic hearing. MOTION was made by Commissioner Bosell, seconded by Commissioner Bernard, that the Andover Planning and Zoning Commission table this request for a special use permit contingent upon receipt of plans showing the renovation to the structure itself and the anticipated plans for that property in the next three to five years. There was discussion by Mr. Spotts regarding renovation and asked if the architect would have to work closely with the engineer. Mr. Blake stated that by making this a meeting area for a church would create a public building, and the alternations made would need to meet building codes for a public building. There was also discussion regarding the deadline for the plans to be returned, It was agreed to have the plans submitted by April 21st, to be reviewed on April 25th. Mart Allen Wilbur, 3510 near Grace Lutheran Church. church is quiet. 136th Lane NW stated that she lived She stated if you have a choice, a () o .' '\ '...J Andover Planning and Zoning Commission March 28, 1989 Meeting Minutes Page Nine All voted yes. Motion carried. Mr. Blake requested that the neighbors receive notification of when this hearing will be held again before the Planning Commission. PUBLIC HEARING: ORDINANCE 8 AMENDMENT VEHICLE WASH ESTABLISHMENTS Mr. Blake stated that the Planning Commission members should review an amendment to Ordinance 8, allowing vehicle establishments (Car Washes) in Neighborhood Business Districts. Mr. Blake explained that he has had several requests for vehicle wash facilities in NB Districts. He would recommend allowing vehicle wash establishments through the special use permit process, thus giving the City an opportunity to review each individual proposal. Ms. Bosell asked if a definition would be added under Section 3.02 to further describe the car wash. Mr. Blake , , recommended that the Planning Commission would draft the verbiage ~ for this. Mr. Spotts asked where you would draw the line - interior vs. exterior car washes. Chairman Pease opened the pUblic hearing. Jim Hanson who lives in Coon Rapids, stated that the convenience centers are not looking at full-service wash centers. He felt that this was a valuable service being offered by convenience centers. He plans to build one at the corner of new 18 and Bunker Lake Boulevard, adjacent to the City's commercial park. Chairman Pease asked about the disposal of water with the car washes. Mr. Hanson believed it would be cycled through the sanitary sewer system. Dale Strassburg, 3422-136th Lane, stated that a car wash could create a lot of traffic and doesn't create a buffer between residential areas. The noise from the vacuums and blowers could be very loud. Marion Wilbur, asked why can't the Ordinance stay as it is. , '\ '- " Mr. Blake stated that this issue was brought up to find out whether a car wash would be an appropriate addition to a neighborhood convenience center. ( ) .....0 () ,- '\ \.J Andover Planning and Zoning Commission March 28, 1989 Meeting Minutes Page Ten Sharon Widmark, 3501 136th Avenue NW had a question regarding special uses for the car washes and asked if this meaQ) that a gas station is a neighborhood business. She doesn't want a gas station in the neighborhood. Jay Blake stated that a gas station is allowed in a neighborhood business. MOTION was made by Commissioner Spotts, seconded by Commissioner Bernard to close the pUblic hearing. All voted yes. Motion carried. MOTION was made by Commissioner Bosell, seconded by Commissioner Spotts that the Andover Planning and Zoning Commission table this item until the April 11th meeting, to prepare additional information regarding the definition of car washes, including additional criteria to be added to this ordinance. All voted yes. Motion carried. Mr. Blake will prepare this information and return a draft to the Planning Commission for the April 11th meeting. .,. '\ ~ PUBLIC HEARING: ORDINANCE 8 AMENDMENT. SECTIONS 3.02. 7.04 AND 8.07 Mr. Blake compiled the recommendations for Ordinance 8 Amendment for the Planning Commission's review. The sections 3.02 Definitions, 7.03 Special Uses, and 8.07 Signs have been amended. Mark McLan was present and he stated he was interested in Andover's sign ordinance. Ms. Bosell stated that the ordinance does not allow a sign to be painted directly on a building, but in the definition of a sign conflicts with that requirement. It was suggested to delete the phrase, "painted or represented either directly or indirectly upon" (in the Sign definition section). Mr. Blake stated he was comfortable in leaving this definition in as it is currently stated. Chairman Pease opened the pUblic hearing. ~) Ms. Bosell asked about the definition of a multi-faced sign. Mr. Blake suggested Changing it to read, "not to exceed two times the square footage allowed for a single face sign." ~) u ~~) / ' ~~) o Andover Planning and Zoning Commission March 28, 1989 Meeting Minutes Page Eleven MOTION was made by Commissioner Spotts, seconded by Commissioner Sabel to close the pUblic hearing. All voted yes. Motion carried. MOTION was made by Commissioner Bernard, seconded Commissioner Sabel that the Andover Planning and Zoning Commission recommends to the City Council approval of the proposed Ordinance 8 Amendment, with changes to be corrected by Jay Blake on the multi-sided signs definition. A pUblic hearing was held, and there was no public opposition. Mr. Spotts were asked how violations were handled. Mr. Blake stated that a certified letter was sent to the violator, and they had a specific time period in which to correct the violation. The zoning administration determines the appropriate time frame. All voted yes. Motion carried. This item will be brought to the City Council on their April 18th meeting. PUBLIC HEARING: ORDINANCE 8 AMENDMENT Mr. Blake stated that the Planning Commission was requested to review the proposed Ordinance 8 Amendment that would remove the zoning code enforcement responsibilities from the Building Inspector and place them with the City Planner or duly-appointed representative. Mr. Bernard asked what types of zoning situations would come before Mr. Almgren. Mr. Blake stated that Mr. Almgren never has handled these duties, so this is just an official transfer of responsibilities. Chairman Pease opened the pUblic hearing. MOTION was made by Commissioner Spotts, seconded by Commissioner Bernard to close the pUblic hearing. All voted yes. Motion carried. () o ,. '\ o Andover Planning and zoning Commission March 28, 1989 Meeting Minutes Page Twelve MOTION was made by Commissioner Spotts, seconded by Commissioner Bernard that the Andover Planning and Zoning Commission recommends to the City Council Ordinance 8 Amendment , Section 9, Enforcement, by striking the words Building Inspector and adding the words City Planner in two separate places. Also, the word in should be included after the word institute. A public hearing was held, and there was no public input. All voted yes. Motion carried. This item will go to the City Council on April 18th. PUBLIC HEARING: ORDINANCE 8 AMENDMENT WASTE TIRE STORAGE MOTION was made by Commissioner Bosell, seconded by Commissioner Spotts that the Andover Planning and Zoning Commission continue this agenda item until the next regular Planning and Zoning Commission Meeting. All voted yes. Motion carried. / \ OTHER BUSINESS '-.-/ Mr. Blake stated they hired a recycling coordinator to assist the City of Andover. Mr. Blake stated that Ginny Asmussen had handed in her resignation as recording secretary for the Planning Commission ADJOURNMENT MOTION was made by Commissioner Bosell, seconded by Commissioner Spotts to adjourn the regularly scheduled Planning and Zoning Commission Meeting at 11:20 p.m. Respectfully submitted, (Plan.4) , "- '-..J