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HomeMy WebLinkAboutSeptember 27, 1988 ::] ,- ') '-' r.'.'l/\ ,,1'\ ".~ o o CITY of ANDOVER REGULAR PLANNING AND ZONING COMMISSION MEETING - AGENDA SEPTEMBER 27, 1988 7:30 P.M. 1. Call to Order 2. Approval of Minutes 3. Variance (Hoffman), continued 4. Andover Limited Partner Special Use Permit Downtown Center, Lots 1-3, Block 1 5. All-Terrain Vehicle/Snowmobile Ordinance amendment 6. Special Planning and Zoning Commission Meeting, discussion 7. Variance (North Lexington Landscaping) 8. Adjournment o o '~,. .) ( CITY of ANDOVER o PLANNING AND ZONING COMMISSION MEETING MINUTES SEPTEMBER 27, 1988 The regularly scheduled Andover Planning and Zoning Commission meeting was called to order by Chairman Marjorie Perry at 7:30 p.m., Tuesday, September 27, 1988, in the Council Chambers of Andover City Hall, 1685 Crosstown Boulevard N.W., Andover, Minnesota. Commissioners present included Chairman Marjorie Perry, Becky Pease, Wayne Vistad, d'Arcy Bosell, Bill Bernard, and Don Jacobson. APPROVAL OF MINUTES The minutes for the September 13, 1988 had the following corrections: Chairman Perry stated on page four, paragraph five should be corrected to read "Ordinance 10, Section 9.06 a (3) wherein it states." Commissioner Bosell stated that also under paragraph five, item number two "60 feet from the section line" should be reworded to say "60 feet from the center line. Also on page three, the fifth paragraph, the sentence should read, "Commissioner Bosell asked Chairman Perry if she could verify with the City Attorney (not City Council).. .", Also under the item Lot Split-Adler, first paragraph, there should be a correction after the word "MUSA and" (not an). Todd Haas stated that paragraph five under the Lot Split- Adler item should remain as stated in the minutes, "60 feet from section line." ,-- '\ o Commissioner Bosell stated that Xavia Street on page six should be Xavis Street. Also on page six, the name Susan Manlock should be corrected to read Mamlock. In paragraph four of page six, the word "the" should be added to read, that the natural drainage is going in the direction of Mrs. Mamlock's property." In paragraph five of the same page, the word of should be deleted from the first sentence. On page seven, first paragraph should be corrected to read, "Mr. Dreher wanted to assure the neighborhood that the drainage plan they come up with will be addressed by not only city staff but by the neighbors who might be affected." Also on page seven, paragraph seven, line six, the word pertinent should be changed to pursuant. ~) u \ Andover Planning and Zoning Commission September 27, 1988 Page Two / Motion was made by Commissioner Vistad, seconded by Commissioner Bosell to approve the September 13, 1988 minutes. Two present votes - Don Jacobson, Becky Pease. All others voted yes. Motion carried. VARIANCE (HOFFMAN), CONTINUED Todd Haas recommended that this item be tabled at the request of the applicant. There was some discussion by Chairman Perry who asked Commissioner Bosell for how long this item could be tabled. Commissioner Bosell stated the variance did not have a time frame. It was agreed by all of the commissioners to table this item until further notice. ANDOVER LIMITED PARTNER SPECIAL USE PERMIT DOWNTOWN CENTER, LOTS 1-3. BLOCK 1 Todd Haas stated that the applicant is requesting a Special Use Permit to allow outdoor sales during operating hours as required by Ordinance 8 (Zoning Ordinance), Section 7.03. Sandra Peterson is requesting the special use permit for any tenant in the mall who wanted to hold sales outside of their stores. Wayne Vistad asked if there would be tents for these outdoor sales. Ms. Peterson stated there might be for sales such as furniture. Mr. Vistad asked also what types of displays would the mall have. Ms. Peterson stated there might be outdoor sales for snowblowers and lawn mowers. Also he asked how many feet on the sidewalk portion would the sale be held. Sandy Peterson stated it would probably be about three feet out. Mr. Vistad asked if the outdoor sales would be for the clients of the center to display their merchandise or would they be anticipating tables of craft sales. Ms. Peterson stated there were no plans for craft sales outside. Mike Steinhauser, General Manager of the Mall, stated that, except for city celebrations, they do have churches come in for one weekend to display crafts. Mike Steinhauser stated that the permit they are requesting would be for special occasions such as city celebrations, and perhaps 1-2 other celebrations in the summer. 1 J , , u u "- / Andover Planning and Zoning Commission September 27, 1988 Meeting Minutes Page Three Commissioner Bosell made the following clarification stating that it was the intent of the Downtown Center that the bulk of the sales would be held in the interior of the mall, and the crafts would be held in the interior of the mall also. Ms. Peterson stated that any outside groups coming in, other than the tenants of the mall, need to obtain a special permit. Don Jacobson asked why the applicant needed outdoor sales. Ms. Peterson stated the sales would be for special events that would require a permit. The tenants are not pressing for outdoor sales, but the mall wanted to encourage outside sales during the special events. Mr. Jacobson wondered if it was only a couple times during the year that they wanted the permit, why don't they get a permit for those couple of times during the year. Ms. Bosell stated that that the cost would be $160 for each permit. Mr. Jacobson had a concern about sales being out on the blacktop, where there are parking spaces. Ms. Peterson they had more parking spaces than are required by law. He also had a concern about the traffic and protecting the outside sales tents from wild drivers. Ms. Bosell stated that the tents would be placed out of the traffic flow. Mr. Jacobson also asked what the "operating hours" would be. Mr. Steinhauser stated the sales would be according to the mall operating hours. He also stated the sales would only be held in the front of the mall. Mr. Jacobson had another concern regarding the traffic hazard that might occur if the mall had a kiddie carnival. Ms. Bosell stated that carnivals are not regulated by permits. Mr. Vistad stated that the one permit per year is a good idea, as long as it is stated that outdoor sales and displays would be restricted to the front areas of the shopping center and the sales would take place during mall operating hours. Mr. Jacobson also asked if outdoor sales items were brought in for the night, or are they left outside all night. Ms. Peterson stated that when the outside furniture sale was held, the sale items were left outside overnight but there was someone there to guard the items. Chairman Perry stated that it might be wise to put in any recommendation made by the Planning Commission a requirement that some type of reflective material be placed around the outdoor sales area, to prevent any traffic/safety problems. Mr. Vistad stated there would be enough lighting. \ ) u Andover Planning and Zoning Commission September 27, 1988 Meeting Minutes Page Four J Chairman Perry opened and closed the public meeting. Ms. Bosell stated that this is one of the reasons why the City of Andover staff should develop some type of system to brin~ the special permit up for a review. Ms. Bosell asked if Chairman Perry could bring this item up to to the City Council. Motion was made by Commissioner Vistad, seconded by Commissioner Bernard that the Andover Planning and Zoning Commission recommends to the City Council approval of the Special Use Permit requested by Andover Limited Partners, 13735 Round Lake Boulevard, for Lots 1, 2, 3, Block 1, Addition, Downtown Center to allow outside displays, sales or storage dllring mall operating hours. The location of sales are to be within the front locations of the parking lot, to exclude the back area of the building, of the Downtown Center. A Special Use Permit is required llnder Ordinance 8, Section 7.03 Shopping Centers, stating outdoor sales and storage during operating hours. ~ public hearing was held, and there was no opposition. The proposed use will not be detrimental to the health, safety, or general welfare of the community. This special use permit shall also require, if outdoor displays or storage areas are to be kept overnight and if tile areas are not well lit, that the parties who have those displays put reflective material to help illustrate those displays at night for safety purposes. This special use permit will be subject to annual review by the Planning Commission and the City Council. Mr. Jacobson again, in regard to the phrase "normal operating mall hours," asked if the food store was part of the mall. Ms. Peterson stated yes it is. Ms. Bosell stated that the sign on the doors state the mall operating hours. Mr. Jacobson was concerned as the food store was open for 24 hours. Hr. Vistad stated the motion could be restated to read, "during normal operating mall llours, with the exclusion of Festival Foods." Chairman Perry stated that by stating operating mall hours would be sufficient and would not include Festival's operation. Ms. Sandy Peterson stated that the posted mall hours refers to the interior mall tenants. Ms. Vistad stated that it would be clarified if the wording mall interior operating hours was used. He personally felt mall operating hours was sufficient, as did Ms. Bosell. Roll call: reluctant yes. All voted yes, with Mr. Jacobson voting a Motion carried. / \ \.J , u Andover Planning and Zoning Commission September 27, 1988 Meeting Minutes Page Five This item will be heard by the City Council on October 18th. ALL TERRAIN VEHICLE/SNO\v~10BILE ORDINANCE AMENDMENT Todd Haas stated the purpose of the amendment to the existing ordinance was to enable a handicapped child to use an ATV. Mr. Vistad stated that the main reason for passing the ordinance was because of the destruction they create. He did not feel that because a person was handicapped that they should have this right to destroy property. ~s. Bosell stepped down on this item and stated that the request was brought to the Planning Commission on behalf of a 10- year old boy who has muscular dystrophy but that there would be other handicapped people that could benefit from the change to this ordinance, She stated from Minnesota Statute IG9.045, provides that in the case of a handicapped, that an ATV or a golf cart can be construed to be a wheelchair. This family has purchased an ATV for their son because it would allow him to have the mobility that he would have as a normal ten-year old able to ride a bicycle. It is expected that his use would be less than a year and he may be immobile within a year, and in a wheelchair. Ordinances from other communities such as St. Charles, Champlin, Bloomington and Bnrnesville were reviewed by Ms. Bosell. Ms. Bosell found that the four cities designated specific roadways where the AlV's could be operated, the vehicles were not allowed to operate except between sunrise and sunset and they were not allowed to operate in inclement weather that would restrict their visibility. The person using this vehicle has to meet the criteria set out in Minnesota Statute IG9.045, subdivision 2 which defines the handicapped person. Consistently, the communities are requesting a certificate of insurance as this applies to the liability circumstances. Also in three of the four communities, if the section of the ordinance pertaining to the handicapped person is violated, the permit can be revoked. Mr. Vis tad stated that ATV's were dangerous on hard- surfaced roads and that golf carts are not designed for hard- surfaced roads. Ms. Bosell stated it was a four-wheeled ATV that the 10-year old was planning to use. Mr. Vistad did not feel that madc a difference on a hard-surfaced road. , ; \ \j u Andover Planning and Zoning Commission September 27, 1988 Meeting ~inutes Page Six \ ,; Ms. Bosell stated that it was the intent for the IO-year old to use the ATV to only go six houses away to visit his friend. ~r. Jacobson has a concern regarding the definition of a "handicapped" person and the broader implications in enacting a change to the ordinance. ~s. Bosell quoted the State Statute, Section 169.345, subdivision 2 -- "For the purpose of this section, physically handicapped means any person who has sllstained an amputation, or material disability of either or both arms or legs or who has been otherwise disabled, in any manner, rendering it difficult or burdensome to walk." Mr. Jacobson understands the state statute but doesn't feel the courts will go along with that definition. Mr. Jacobson asked if there was some suggested language for the amendment. Ms. Bosell stated no, there was not, as she was not asked to prepare it. ~s. Perry stated that she did not personally feel she would alloH a ten-~'ear old out in the floH of traffic on "roadways", especially a child that Hould be handicapped, to ride an ATV. Ms. Perry stated the Planning Commission had to decide if the City Hanted to recommend amending the ordinance to allow transportation on the roadways. She could support an amendment to the ordinance to allow an ATV vehicle to travel on designated roadways, if that was the language adopted. Chairman Perry asked if Attorney Hawkins felt if a license Has issued by the City under the ordinances that it \vollld not impose liability to the City. Ms. Bosell stated that the City would reqllire a certificate of insurance. Commissioner Pease asked if the amendment would be amended on a broad basis, and each person Hould have to apply for a special use permit on a separate basis. Ms. Bosell stated yes, tile amendment Hould allow the City to issue a permit. Right nOH, there's no vehicle to issue a permit. Chairman Perry asked Ms. Bosell to prepare some special language to incorporate an amendment into the All-Terrain Vehicle/Snowmobile Ordinance to modify it for handicapped persons. The Planning Commission members could then discuss this item during a Special Planning meeting scheduled for October 4th. Mr. Jacobson suggested taking a close look at the word handicapped and see if there's a way to narrOH the definition. Chairman Perry stated that the ordinance the City has adopted restricts the rights of the handicapped because it has limited their mobility. , , ~~j u Andover Planning and Zoning Commission September 27, 1988 Meeting Minutes Page Seven I Motion was made by Commissioner Jacobson, seconded by Commissioner Pease that the Andover Planning and Zoning Commission direct the City staff to prepare some language, suggested change to the ordinance, and to be reviewed by the Planning Commission at the October 4th meeting. All voted yes. Motion carried. VARIANCE/NORTH LEXINGTON LANDSCAPING This is a request for a variance to allow for a sign to exceed the maximum square footage allowed per Ordinance 8, Section 8.07, as requested by North Lexington Sod. North Lexington Sod did have the sign up, but it has been taken down. Ms. Bosell stated she would not vote on the issue, as she's been the one working with the applicants directly on this item. Mr. Vistad stated that this request was similar to the one by Hoffman Brothers, in that they also wanted a larger sign to get the exposure for their business and because of their large property size. Mr. Vistad stated that if this request was approved, that the City would probably be receiving an uncontrollable amount of requests of applicants wanting the same privilege of having larger signs. Mr. Vistad felt that North Lexington could use two signs and get the proper exposure. Chairman Perry addressed item #7 in the letter from North Lexington Landscaping which states, "Aesthetic Value - One sign per 200 acres detracts less from the natural beauty of the area than several smaller ones." Ms. Bosell pointed out that the variance provision only has to do with the shape and condition of the land, and doesn't have anything to do with aesthetic value. Chairman Perry asked if the City should be looking at aesthetic value and whether the total acreage should be used in determining the size size. Mr. Vistad stated that an area in North Dakota where unlimited signs were allowed, it looked horrendous. He thought that an area that has uniform sizes would look a lot better aesthetically. He doesn't feel the one big sign should be allowed on the 200 acres. Mr. Jacobson asked Ms. Bosell to clarify the ordinance. Ms. Bosell stated that a double-faced sign may be permitted with the maximum square footage on each side. , J ,J u Andover Planning and Zoning Commission September 27, 1988 Meeting Minutes Page Eight J Mr. Jacobson asked the applicant "hy they ",anted a larger sign. The applicant, Mrs. Kuiken, stated that they were requesting 64' sign for a mile and a quarter frontage. Ms. Bosell stated they could have 24 square feet per side with a maximum of t"o sides. Mrs. Kuiken felt it would look better to have one larger sign than five small signs. Ms. Perry stated that one of the things the Planning Commission has to consider is that Hanson Boulevard is going to be undergoing some dramatic changes, and "hatever we do with this sign request will set a precedent for other sign requests for that area and for other residential areas. The applicant felt that if the City ",ould tie the amount of acreage to the size of of the sign allowed then the City ",ould still maintain proper control on this issue. Mr. Jacobson stated certain things have to be true in order to grant the variance -- a hardship determined by the shape of the land, the condition of the land, and if the variance is not granted the applicant is denied a reasonable use of the property. Ms. Pease suggested investigating the ordinance, as she felt that one sign ",ould of smaller ones across the parcel of land. requirements for a smaller sign did not make language of the be better than a clr. Kuiken fel t lot that sense. Chairman Perry stated that she "'as able to read the smaller signs travelling at the 00 m.p.h. 'lotion was made by Commissioner Jacobson, seCOllc.2d by Commissioner Vistad, that the Andover Planning and Zoning Commission recommends to the City Council denial of the variance request by North Lexington Landscaping, 17405 Ward Lake Drive, Andover, to erect a sign greater in size than allowed by ordinance in a residential district. The Planning Commission, after listening to the applicant, that under ordinance 8, Section 5.04, cannot find that a hardship is created by the shape or condition of the parcel in question, and cannot find that a variance is necessary to the reasonable use of the land and for those reasons recommend denial. There was discussion on this motion. Chairman Perry asked if Mr. Jacobson could revise the motion to read approval, and if the commission members choose to vote no, this item would go to the Council as a no-vote. / \ '--I u Andover Planning and Zoning Commission September 27, 1988 Meeting Minutes Page Nine \ , I Chairman Perry indicated that the City Attorney and the League of Minnesota Cities have repeatedly stated that motions should be made for approval and then defeated by the vote. A recomendation could be included in the motion for what conditions can be imposed on this sign. Ms. Bosell also stated that a motion to deny 1S 1mproper according to Robert's Rules of Order. After some discussion, it was agreed to further discuss this item at the Special Meeting October 4th. All members voted yes, except Ms. Bosell as she did not vote on this item. Motion carried. SPECIAL PLANNING & ZONING MEETING Chairman Perry stated that a special meeting was scheduled for October 4th to discuss about four items. Two other items were added to the work session -- the amendment to the ATV ordinance, and the discussion on how to make motions. Commissioner Vistad asked the Planning Commission if they could also discuss in the work session what should be included or eliminated in the minutes. Ms. Bosell stated the minutes are done by preference; the City sets up as a policy as to their preference and whether they want verbatim minutes, summary minutes or legal minutes. Mr. Vistad was concerned that not all the discussions were included in the minutes. Chairman Perry stated that the Planning Commission had talked about this at the first of year, and it was agreed to have the narrative type of minutes which includes some discussion but not all of it. It was suggested that Mr. Vistad could make a special request to the chairman or recording secretary to include in the minutes var10US items of discussion after an affirmative motion is made. AD,JOUR\~[ENT Motion was made by Commissioner Jacobson to adjourn the Planning and Zoning Commission at 9:20 p.m. Respectfully sllbl:li t led, (Plan.8) C24