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HomeMy WebLinkAboutJuly 14, 2009 C�TI T Y jO�F © ND O VE 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US PLANNING AND ZONING COMMISSION MEETING —JULY 14, 2009 The Regular Bi- Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Daninger on July 14, 2009, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Chairperson Daninger, Commissioners Tim Kirchoff, Michael Casey, Valerie Holthus, Devon Walton, Douglas Falk and Dennis Cleveland. Commissioners absent: None. Also present: City Planner, Courtney Bednarz Others APPROVAL OFMINUTES. May 12, 2009 Motion by Kirchoff, seconded by Falk, to approve the minutes as presented. Motion carried on a 6 -ayes, 0 -nays, I- present ( Holthus), 0- absent vote. PUBLIC HEARING: CONDITIONAL USE PERMIT (09 -05) TO ALLOW A USED CAR DEALER AT 3075162 LANE NW. Mr. Bednarz explained the applicant from the recent application for used vehicle sales at 3149 162 Lane NW has withdrawn that application and submitted a new application for used vehicle sales at 3075 162 ❑d Lane NE. Mr. Bednarz reviewed the information with the Commission. Commissioner Holthus asked on page 3, parking stall requirements, under total required stalls it indicates there are seven striped stalls at the front of the site and in the second part it says there are fifteen stalls striped so she wanted to know which was correct. Mr. Bednarz reviewed the drawing with the Commission and explained there are seven stalls that are striped for the property with eight straddling the property line along with other parking areas that are not striped. Regular Andover Planning and Zoning Commission Meeting Minutes — July 14, 2009 © Page 2 Chairperson Daninger asked where else in the City could the applicant do business besides in this area. Mr. Bednarz stated he could do business in any of the General Business areas on Bunker Lake Boulevard but would still be a conditional use that would require this level of review. He could also go to the industrial park south of Bunker Lake Boulevard, on the west side of Hanson and other sites within this industrial park. Chairperson Daninger stated there was mention of parking stalls and there is a business on the west side of the parking lot and were they notified of what this applicant was doing and does not have a problem with it. Mr. Bednarz stated it is the same owner on both sides of that property line. Chairperson Daninger asked if the only difference in applications was the location. Mr. Bednarz reviewed the changes with the Commission including larger office space and a more industrial site. Commissioner Falk asked if the applicant had addressed the City Council's comments from the last page of the minutes. Chairperson Daninger thought that the items referred to the other site. Motion by Falk, seconded by Walton, to open the public hearing. Motion carried on a 7- ayes, 0 -nays, 0- present, 0- absent vote. Mr. Frank Sud, 15956 Drake Street NW, made a presentation to the Commission showing how the site had been cleaned up. He also explained that he has done everything he can to meet state and city requirements and that it is not his intention to have a used car lot full of vehicles. Commissioner Holthus asked if Mr. Sud planned on storing vehicles in the bays. Mr. Sud stated the bays will be used for cleaning cars before they are sold. He will meet people there to show cars. Commissioner Holthus wondered what was done with all the junk that was on the site. Mr. Sud indicated it was recycled. Commissioner Kirchoff asked if the dealer license had hours of operation already stipulated in it. Mr. Sud stated he was not certain of that at this time but was willing to abide by whatever rules are needed. He stated the business will be run by appointment only. He stated he would like to do more research on the hours of operation but will follow what the State and Andover require. He stated he did not want to use a car lot to advertise his vehicles. That is not the way he wanted to run his business. Commissioner Walton asked what made this site more desirable than the previous site. Mr. Sud thought there was some concern by the tenants of the other site in regard to the © display area and cars with for sale signs on them there. He added that this was not his intention. Also there was concern about who owned the property and other things. He Regular Andover Planning and Zoning Commission Meeting Minutes — July 14, 2009 Page 3 stated the current site is very secluded and will not be an impact on anyone. He thought this will be a far better location than the other site. Commissioner Casey asked if he will be doing any consignment for vehicles. Mr. Sud thought it will be more of a search and find. Motion by Commissioner Walton to close the public hearing. Chairperson Daninger indicated he had more questions for the applicant. Commissioner Walton withdrew his motion to close the public hearing. Chairperson Daninger asked if Commissioner Falk was comfortable with the answers given by the applicant. Commissioner Falk indicated he was. Chairperson Daninger asked Mr. Sud if he had seen the resolution before the Commission and understood it. Mr. Sud indicated he had. Chairperson Daninger asked if there will be any advertisement on the building or street. Mr. Sud stated if the City requires it he will do it. He will do whatever is required but he did not plan on using signs to do advertising. He stated his business will work by word © of mouth. Chairperson Daninger asked if the source vehicle for the perspective buyer be brought to this site. Mr. Sud stated they will. Chairperson Daninger asked how the vehicles will be delivered. Mr. Sud stated he will pick the vehicles up himself using his dealer plates. He will bring drive the vehicle to the site and clean it up for the prospective buyer. Chairperson Daninger asked how many vehicles will be at this site at one time. Mr. Sud stated he planned on zero to two vehicles. At most there may be a display vehicle and one that is being picked up. Chairperson Daninger commended Mr. Sud on all the work he has done cleaning this site up but he wanted to make sure Mr. Sud realized this is not approved yet. Mr. Sud stated he did realize this but knew he needed to spend money in order to get his business going. Motion by Walton, seconded by Casey, to close the public hearing. Motion carried on a 7 -ayes, 0 -nays, 0- present, 0- absent vote. Commissioner Holthus asked what happens if the business is really successful and Mr. Sud ends up having five or ten cars at a time. Mr. Bednarz stated the resolution and conditions of approval govern the operation and one of those conditions is he would be limited to one vehicle in the parking area. If expansion were to happen Mr. Sud would © have to come back and amend his permit. Regular Andover Planning and Zoning Commission Meeting Minutes — July 14, 2009 Page 4 Commissioner Kirchoff asked if it was the applicant who suggested the one vehicle at the time the first permit was requested or the proposal from the City. Mr. Bednarz stated that was the applicant's proposal. Mr. Sud nodded in agreement. Commissioner Walton asked what will prohibit the building from falling back into disrepair or having more than one vehicle. Mr. Bednarz stated the City does respond to complaints and while there are businesses in this area with rights that preceded current requirements, new permits and the interim development standards can help to update these sites. Permits can also be revoked if the area is not kept up. Commissioner Cleveland wondered since the applicant did not own the building who would pay for the improvements. Mr. Bednarz stated that was a matter for the owner and applicant to work out. Commissioner Holthus thought the interim standards are inappropriate and unreasonable for the Hughes Industrial but she thought striping the parking stalls was appropriate. She asked if seeding the north side of the building was needed. Mr. Bednarz stated it is under staff recommendation for seeding but he was looking to the Commission to see if they wanted it included in the resolution. Commissioner Holthus thought that area of the site was not very visible and seeding was not that important, © however the stalls for the striping was an appropriate recommendation to make. Chairperson Daninger asked what the State regulation was for hours of operation. Mr. Brabant indicated the business has to be open four hours a month minimum. The Commission discussed hours of operation with staff and the applicant. Motion by Walton, seconded by Holthus, to recommend approval of the conditional use permit with staff recommendations and with business hours not to exceed 6:00 a.m. through 9:00 p.m. Monday through Saturday. Commissioner Kirchoff stated if someone goes to the site at 10:30 at night to make a deal he did not think it would affect anyone in the area. Chairperson Daninger noted the Commission did not have a lot of issues with the time and hours by appointment but wanted to get something narrowed down for the Council. Motion carried on a 7 -ayes, 0 -nays, 0- absent vote. Mr. Bednarz stated that this item would be before the Council at the July 21, 2009 City 0 Council meeting. ' Regular Andover Planning and Zoning Commission Meeting Minutes — July 14, 2009 © Page 5 PUBLIC HEARING: CITY CODE AMENDMENT TO CONSIDER CHANGES TO CITY CODE I2 -12 PERMITTED, CONDITIONAL AND PROHIBITED USES TO ADD CAR WASHES AS A PERMITTED ACCESSORY USE TO A UTOMOBILE SERVICES STATIONS. Mr. Bednarz stated the proposed amendment is intended to clarify where car washes are allowed in the City. Mr. Bednarz reviewed the information with the Commission. He noted that they may want to discuss whether car washes are appropriate in the Neighborhood Business Zoning District, adjacent to a residential area Motion by Holthus, seconded by Casey, to open the public hearing. Motion carried on a 7 -ayes, 0 -nays, 0- present, 0- absent vote. No one wished to address the Commission. Motion by Kirchoff, seconded by Casey, to close the public hearing. Motion carried on a 7 -ayes, 0 -nays, 0- present, 0- absent vote. a Commissioner Kirchoff asked when a person comes in for a permit is that when hours of service is discussed. Mr. Bednarz stated it would. Chairperson Daninger asked what was the zoning of Marathon Gas Station in Clocktower Commons. Mr. Bednarz stated it is the Shopping Center Zoning District. Chairperson Daninger stated an example is the gas station at Bunker Lake Boulevard and Crosstown extension and asked if would they want to see a car wash as a permitted accessory by residential homes. Commissioner Kirchoff thought that was where the hours of operation came in and if the hours were reasonable it would probably serve the area. Commissioner Walton wondered if they could have a self serve car wash near a residential area because he thought the dryers from full service car washes would be the noise maker and the concern. Mr. Bednarz commented that vacuum and car radio noise may also be factors. Chairperson Daninger stated he did not think car washes are appropriate in the Neighborhood Business Zoning District because of the traffic and noise. He thought there could be circumstances where reasonable hours of operation would still cause problems. Commissioner Falk agreed with Chairperson Daninger on excluding car washes from the © Neighborhood Business Zoning District and thought the rest of the recommended changes were appropriate. Regular Andover Planning and Zoning Commission Meeting Minutes — July 14, 2009 Page 6 Chairperson Daninger stated there are two ways to look at this, one is that it will be allowed but needs a permit so the Commission would have a chance to review it or alternatively it would not be allowed. Mr. Bednarz stated that was correct. Motion by Walton, seconded by Kirchoff, to approve the proposed amendment to the City Code as recommended, except to remove car washes as a permitted accessory in the Neighborhood Zoning District. Motion carried on a 7 -ayes, 0 -nays, 0- absent vote. Mr. Bednarz stated that this item would be before the Council at the July 21, 2009 City Council meeting. OTHER BUSINESS. a. Fence Height Discussion Mr. Bednarz explained staff received a request to review the maximum fence height in side yards. Mr. Bednarz reviewed the resident request to allow a six foot tall fence in the side yard of a corner lot. He added that the Engineering staff did not have a concern about traffic visibility and other cities that were surveyed allow a six foot fence in side yards on corner lots. Chairperson Daninger noted a letter from Aaron and Andrea Jarson regarding this item. Commissioner Cleveland asked if they are doing this item this way instead of a variance because there is not really a hardship here so they are looking for a code change rather than a variance from current code. Mr. Bednarz indicated that was correct because this situation probably exists on perhaps seventy to one hundred lots in the City. Commissioner Cleveland asked if the fences to the west were six foot fences. Someone in the audience indicated they were. Commissioner Kirchoff stated his only concern would be the site line triangle and thought it has been met with this site. He stated as long as the site line triangle and safety issues are addressed he supports a six foot fence to the front of the home. Commissioner Walton thought what made this unique is that there is a trail there which sets the house and fence in off the corner a little bit more than what they might find with the other lots. Regular Andover Planning and Zoning Commission Meeting Minutes — July 14, 2009 Page 7 Commissioner Falk asked how far away from the trail did a fence need to be. Mr. Bednarz stated the fence needs to be on private property and generally trails are at least one foot into the right -of -way. Chairperson Daninger noted the Commission was in agreement with staff to bring this to the City Council for recommendation of change. b. Mr. Bednarz updated the Planning Commission on related items. ADJOURNMENT. Motion by Walton, seconded by Falk, to adjourn the meeting at 8:21 p.m. Motion carried on a 7 -ayes, 0 -nays, 0- absent vote. Respectfully Submitted, Sue Osbeck, Recording Secretary TimeSaver Off Site Secretarial, Inc.