Loading...
HomeMy WebLinkAboutOctober 13, 1987 ..".-, \...J /'1 '-J ::) 7:30 P.M. o o ( CITY of ANDOVER REGULAR PLANNING AND ZONING COMMISSION MEETING - AGENDA OCTOBER 13. 1987 1. Call to order 2. Approval of Minutes 3. Winslow Hills Preliminary Plat Public Hearing. Cont. 4. H & S Asphalt Mining Permit Public Hearing. Cont. 5. Jay Clemens Special Use Permit Public Hearing. Cont. 6. Ordinance 8 Amendment (Home Occupations) Public Hearing 7. Mark Slick Special Use Permit Public Hearing 8. Ordinance 8 Amendment (Limited and General Industrial Districts) Public Hearing 9. Robert Brunswick Variance 10. Adjournment o o ~- ) CITY of ANDOVER REGULAR PLANNING AND ZONING COMMISSION MEETING - MINUTES OCTOBER 13, 1987 The was 13, MN. regularly scheduled Andover Planning and Zoning Commission meeting called to order by Chairman Marge Perry at 7:30 P.M., Tuesday, October 1987 at the Andover City Hall, 1685 Crosstown Boulevard N.W., Andover, Commissioners Present: Commissioners Absent: Also Present: Jovanovich; Bosell; Pease; Jacobson; Bernard Vistad Todd Haas, Assistant City Engineer; Daryl Morey, City Planner; others Approval of Minutes September 22, 1987 Page 1, Commissioner Bosell's comments regarding the Gorham/Holasek rezoning, the word complementary should be complimentary. MOTION by Jovanovich, seconded by Perry to approve the minutes as corrected. Motion carried on a 4 yes, 2 present (Pease, Jacobson) vote. /-', Winslow Hills Preliminary Plat Public Hearing, Cont. ,_----I Mr. Haas stated that everything, with the exception of the design features, has been corrected. Commissioner Jacobson asked whay they have for the right-of-way easement under the power line. Ken Gust - noted that they have 20 feet on each side of the centerline of the powerline. Mr. Jacobson noted that it should be 60 or 65 feet from the centerline. Gary Gorham explained that they sent a letter to the power company asking what their easement should be. Mr. Jacobson asked if we are going to get requests for variances for three car garages. Hr. Gorham noted that they have taken that into consideration. Besides being the developer of the property he will be building the homes. Chairman Perry asked that the Fire Department recommendation to extend 149th from Bluebird to Crane be discussed. ,~, ,j Mr. Gorham stated that they left that cul-de-sac in there because when they tried to extend the street they lost two lots, a butt lot was created and they would have lost 10 very large white oak trees. Ms. Perry stated that her feeling is that when we have a recommendation from an existing department that we need to heavily weigh our recommend- ation. u u Regular Planning Commission Meeting October 13, 1987- Minutes Page 2 (Winslow Hills, Cont.) Mr. Haas explained that when the Council looked at the plat there were three cul-de-sacs. The Council had to give them a certain percentage of cul-de-sacs. The Fire Department is always looking at eliminating cul-de-sacs. Their main reason for objecting to this one is that it exceeds the 500 foot length. with this plat the city is looking at putting house numbers on the street signs so the Fire Department knows where they are going. Mr. Gorham has an argument because the Council told him he could keep a cul-de-sac. MOTION by Jovanovich, seconded by Bernard to close the public hearing. Motion carried. Ms. Bosell asked if it would be best to continue this to the next meeting so that we'll have the letter from the power company. Mr. Gorham stated that they have asked the power company if a berm on the edge of the easement would be allowed. Mr. Haas felt that a motion could be contingent upon receipt of the letter from the power company. , MOTION by Jacobson, seconded by Bernard that the Andover Planning and Zoning Commission recommend to the City Council approval of the preliminary plat of Winslow Hills being developed by Gorham Builders and Winslow Holasek in Section 23-32-24 subject to the following: 1) availability of city sewer and water; 2) rezoning of the property from R-l to R-4; 3) a letter being received from United Power Company regarding the power line easement; 4) payment of park dedication fees or donation of parkland. A variance is necessary for the length of the cul-de-sac on Crane Street which exceeds the 500 foot maximum length. Motion carried unanimously. This will go to the City Council on October 20, 1987. H & S Asphalt Mininq Permit, Cont. Mr. Haas recommended that this item be tabled as the applicant has not filled out the application required. MOTION by Bosell, seconded by Pease to table this to the next meeting. Motion carried. Jay Clemens Special Use Permit Cont, Jay Clemens; Coon Rapids - stated that he is requesting a Special Use Permit to put in some temporary roads along with a greenhouse and sell shrubs, trees and plants. ~ Chairman Perry asked Mr. Clemens if he still plans to be in op~ration 9 months out of the year. Mr. Clemens said that is his plan. He also o u Regular Planning Commission Meeting October 13, 1987 - Minutes Page 3 ) (J. Clemens Special Use Permit, cont.) noted that at the last meeting someone had mentioned that the paved road could be waived. He also decided that he doesn't need an office; therefore he will not need the temporary structure. He plans to only have a greenhouse. Mr. Jacobson asked what type of greenhouse he will build. Mr. Clemens said it will either be metal ribbed or of frame construction. Commissioner Jovanovich asked how big the greenhouse will be. Mr. Clemens noted that it will be 30' x 60'. It was noted that according to the ordinance, a greenhouse is not allowed in this zoning district. Chairman Perry felt that the Planning Commission should have something more specific, such as what type of structure would be on the property. Mr. Jacobson asked the Building Official if any business that is open to the public requires restroom facilities. Dave Almgren stated yes and if there are more than 4 employees you have to have two separate bathrooms. Ms. Bosell noted that the request has changed a little since the first / time Mr. Clemens came in. The original request was for open sales "hich is allowed. He can still operate an open sales lot with a Special Use Permit without a building. Mr. Jacobson didn't think that out of the year is temporary. as set out. something that is in operation nine months He didn't feel this meets the criteria Mr. Clemens explained that the reason he calls it temporary is because it's not going to be there for 10 years. Right now, the property is good for something that will last a year. Mr. Haas drawing. width of felt that since things have changed we need to have a new He doesn't have the width of the driveway accesses and the the parking stalls shown on his drawing. Commissioner Pease also felt that a new drawing is in order. MOTION by Jacobson, that the Andover Planning and Zoning Commission recommend to the City Council denial of the Special Use Permit requested by Jay Clemens for the following reasons: 1) According to the Building Official, provisions of the Minnesota Energy Code, the Uniform Building Code and the Plumbing Code have not been met; 2) Hard surfaced driveway and parking stalls have not been proposed; 3) the applicant testified originally that it would be a 9 month operation and has changed it to seven months; 4) a greenhouse is not allowed in this zoning district; 5) drawings presented do not meet the criteria set out in Ordinance 78. Motion dies for lack of a second. o u Regular Planning Commission Meeting October 13, 1987 - Minutes Page 4 ) (J. Clemens SUP, Cont.) MOTION by Bosell, seconded by Bernard to table this to the next emeting to allow the applicant time to redraw his proposal and to allow him to meet with the Building Official to determine what he will require. Motion carried on a 5 yes, 1 no (Jacobson) vote. Ordinance 8 Amendment (Home Occupations) Public Hearinq Chairman Perry opened the public hearing. Commissioner Bosell noted that she talked to the City of Coon Rapids and they do not allow home occupations in accessory buildings but when they determine that one is grandfathered in, they inspect the site and try to make the home occupation come into conformance with the ordinances. She felt that rather than amending the ordinance we should do this as a Special Use Permit and deal with each item as it comes in. The criteria could be written based on each particular request. Mark Slick - agreed that a Special Use Permit would be a way to deal with these businesses. MOTION by Jacobson, seconded by Pease to close the public hearing. Motion carried. ,) MOTION by Jacobson, seconded by Jovanovich that the Andover Planning and Zoning Commission recommend to the City Council no change or amendments be made to Ordinance 8 regarding home occupations in accessory buildings. After discussions, it was felt that it would be better to determine on a case by case basis a special use permit. Motion carried unanimously. This will go to the City Council on October 20, 1987. Mark Slick Special Use Permit Public Hearinq Chairman Perry opened the public hearing. Mark Slick - stated that their request is to allow them to operate a pottery shop in an accessory building in Woodland Meadows. He noted that he has been doing this for nine years in Coon Rapids and he feels he is a good neighbor and his business does not cause any problems. Along with Woodland Development, they are getting support from the people in Wood- land Meadows. There will be very strict rules as to what he can do. Daryl Morey, City Planner - stated that one thing staff was concerned about was that if we were going to allow certain home occupations in accessory buildings, we have to be careful on what we allow. Regarding Mr. Slick's request, staff discussed having this in his home rather than in an accessory building. He didn't feel that staff has a problem with this particular request. ) MOTION by Bosell, seconded by Jovanovich to close the public hearing. Motion carried. ~ u Regular Planning Commission Meeting October 13, 1987 - Minutes Page 5 (Mark Slick Special Use Permit, Cont.) \ , / ~ , MOTION by Bosell, seconded by Bernard that the Andover Planning and zoning Commission recommend to the City Council approval of the Special Use Permit request of Mark Slick to conduct and operate a pottery shop in an accessory building on the property described as Lot 5, Block 7, Woodland Meadows for the following reasons: 1) The Special Use Permit request will not be detrimental to the health, safety or general welfare of the occupants of the surrounding area in that it will not emit any noxious odors or residue, nor will it cause any undue noise; 2) the Special Use Permit request will not have an adverse effect on the scenic and/or property values of the surrounding properties inasmuch as said use will be conducted in an accessory building which shall be constructed so as to be like and conform to the design standards of the principal structure ans shall not be visible from the public right-of-way; 3) the request will not have an adverse effect on the traffic affecting this property inasmuch as retail sales shall not be conducted from said accessory building as an ordinary and regular routine of the applicant; 4) the request is not in conflict with the spirit and intent of the Ordinances of the City of Andover nor in conflict with the Comprehensive Plan; 5) there was a public hearing held and there was no opposition; 6) the request is subject to the following variance pursuant to Sections 3.02 (JJ) and 4.05 of Ordinance No.8: a) said pottery shop shall be allowed to be conducted within an accessory building; 7) The Special Use Permit request has the following conditions placed on this request: a) that at such time as this property is sold, said special use shall cease to operate and such condition shall be placed on the title of said property; b) that no retail sales shall be conducted without prior notice thereof to the City at least ten days in advance of said anticipated retail sale; c) that the need for additional parking spaces not be created under any circumstances; d) no signs shall be allowed; e) that written approval from Woodland Development be provided in regard to the building, its size and design and the use, which request is a variance to the restrictive covenants in place in this plat; f) subject to an annual review. Motion carried on a 6 yes, 1 no (Jovanovich) vote. This will go to the City Council on October 20, 1987. Recess 9:00 - Reconvene 9:10 P.M. Ordinance 8 Amendment Public Hearinq Chairman Perry opened the public hearing. Mr. Morey explained the Tax Increment Financing area and the Commercial Park area as it seems that there is some confusion which is which. The Commercial Park is the city owned property. The City Council and the Planning Commission held a joint meeting at which they decided to combine the two industrial districts into one. The Limited Industrial and General \ Industrial Districts have been combined into the Industrial District. ~-) The only real difference between General Industrial and Limited Industrial is that General Industrial allows both general and limited manufacturing. The change does not allow heavy industrial uses. o u Regular Planning Commission Meeting October 13, 1987 - Minutes Page 6 (Ord. 8 Amendment, Cont.) \ Commissioner Jacobson asked what the difference is between public utility structures and public utility buildings and storage. Mr. Morey stated that it was redundant to have both of those uses in the ordinance. Joanne Wilber, 13608 Jay Street - noted that the statement that says that all non-conforming uses of the ordinance must cease within three years. to be in there. ordinance contains a in existence upon passage She asked why this has Commissioner Bosell explained that that statement applies to uses that were operating in 1971. Ms. Wilber also asked why excluded uses are not a part of this amendment. Mr. Morey stated that excluded uses was a part of a previous amendment and it applies to all districts. Cecil Heidelberger asked why mini-storage uses are allowed to have living quarters. Ms. Bosell explained that there is a provision in the ordinance for living quarters for a caretaker. M.R. Olson asked if any thought has been given to the item he brought up at the last meeting regarding the mini-storage use to require a landlord-tenant agreement. Mr. Morey noted that the city attorney didn't feel that belongs in the ordinance. A private contract agreement between the people providing the service and those using it should be entered into. MOTION by Jacobson, seconded by Jovanovich to close the public hearing. Motion carried. MOTION by Bosell, seconded by Jovanovich that the Andover Planning and Zoning Commission recommend to the City Council adoption of an amendment to Ordinance 8 to amend Section 3.02 Definitions, 6.01 Districts and 6.02 Minimum Requirements and Section 7, 7.01 and 7.03 as presented by the Planner with his memo dated October 8, 1987 with the following changes: 1) Page 2, that warehousings be changed to warehouse and public utility structures be eliminated; 2) In Section 3.02, add a definition for public utility uses; 3) On page 3 add sales and storage of new and used auto parts within a building. A public hearing was held and much comment was made as to why things should be added or not included. ) It is the concensus of the Planning Commission that this Industrial District would best serve the city of Andover and would be in conformance with the Comprehensive Plan. \ Motion carried unanimously. This will go to the City Council on November 3, 1987. ~J ~J Regular Planning Commission Meeting October 13, 1987 - Minutes Page 7 , \ Robert Brunswick Variance This is a request to vary from the requirement of a one foot overhang on a house being constructed in LakeRidge. Chairman Perry asked Mr. Brunswick at what point of completion the building is. Mr. Brunswick stated that it's insulated and the sheetrockers are coming in at the end of the >leek. He stated that he combined a 6/12 roof pitch with a 10/12 pitch in the front. There is an 18 inch overhang in the back and 6 inches in the front. Commissioner Bosell asked what happened to the note on the front of the building plans that said a 1 foot overhang is required. Mr. Brunswick thought that was a gray area. overhang in the front of the house you would from out of the windows. If there was a one foot be looking at the roof Dave Almgren stated that there shouldn't be a problem getting the hang on the sides. It might, however, be a problem on the front. also noted that the framers did not have an approved set of plans site, which is a requirement. over- He on the Commissioner Bernard asked what Mr. Brunswick's options are now that the building is almost done. Mr. Almgren stated that he could either change the overhang or the variance request could be granted. MOTION by Bosell, seconded by Jacobson that the Andover Planning and zoning Commission recommend to the City Council denial of the variance request of Robert Brunswick to have an overhange on his house less than one foot as provided by in Ordinance No.8, Section 8.23, (4) on the property at 15421 Silverod Street N.W. for the following reasons: 1) that although the variance will not be detrimental to the health, safety or general welfare of the occupants of the surrounding area; 2) that although the variance will not have an adverse effect on the scenic and/or property values of the surrounding properties; 3) that although the variance will not have an adverse effect on the traffic affecting this property; 4) the variance is not in conflict with the spirit and intent of the Ordinances of the City of Andover nor in conflict with the Comprehensive Plan, but it does not meet the criteria as set out in Section 5.04 of Ordinance 8 a) in that the hardship created must have to do with the characteristics of the land and not the property owner; b) the denial of said variance request does not deny the applicant reasonable use of the land; c) the variance is requested because the applicant did not have an approved set of plans at the site and the request is caused by the oversight. \ ; Motion carried on a 4 yes, 1 no (Perry), 1 abstain (Pease) vote. This will go to the City Council on November 3, 1987. Chairman Perry noted that Councilman Jim Elling is concerned because , , '-.J () Regular Planning Commission Meeting October 13, 1987- Minutes Page 8 there is a developer in the city who is going to use the same style house plans for every house in a particular development. Dave Almgren stated that he will call this builder which should solve the problem. Ms. Perry also noted that Todd Haas and Daryl Morey have agreed to hold a mini-workshop with the Planning Commission to familiarize them with the ordinances and Planning Commission procedures. It was decided that because the next agenda will be small, the workshop will take place after the regular meeting. It was also noted that because of an election in School District 15, the October 27th meeting will not begin until 8:01 P.M. The Chairman declared the meeting adjourned. Meeting adjourned at 11:05 P.M. Respectfully submitted, " 1 ~ . 1'/ ~~-!:~ . /~ Vicki Volk Commission Secretary \ /