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HomeMy WebLinkAboutApril 13, 1982 o o o C~ C.J ~ 01 ANDOVER REGULAR PLANNING AND ZONING COMMISSION MEETING APRIL 13, 1982 AGENDA Call to order - 7:30 P.M. Approval of Minutes - March 23, 1982 1. Comm. #2-82-4 2. Comm. #3-82-3 3. Comm. #2-82-3 4. Comm. #2-82-8 5. Comm. #2-82-1 5a. Comm. #4-82-1 6. Comm. #3-82-4 7. Comm. #2-82-5 8. Comm. #12-81-1 9. Comm. #11-81-1 10. Comm. #3-82-5 Ord. 8, Section 7.03 Amendment Public Hearing Jerome Gau Variance Westview Industrial Park Public Hearing, Cont. Lloyd Reimann Rezoning Public Hearing, Cont. Northglen 2nd Addition Review Ken Slyzuk Variance Multiples in R-4 Zones Ordinance 8, Sec. 6.02 Amendment, Cont. Noise Control Ordinance, Cont. Firearms Committee Update, Cont. Ordinance Update Proposals CJ CJ ~ 01 ANDOVER o REGULAR PLANNING AND ZONING COMMISSION MEETING APRIL 13, 1982 MINUTES The regularly scheduled Andover Planning and Zoning Commission Meeting was called to order by Chairperson d'Arcy Bosell at 7:35 P.M., Tuesday, April 13, 1982 at the Andover City Hall, 1685 Crosstown Boulevard N.W., Andover, Minnesota. Commissioners Present: Commissioners Absent: Also Present: Perry, Spotts Anstett, Apel, Randk1ev City Engineer, James Schrantz; Jerome Gau; John Peterson, Good Value Homes; Ken Slyzuk; others APPROVAL OF MINUTES March 23, 1982 MOTION by Spotts, seconded by Perry to approve the minutes of March 23, 1982 as written. Motion carried unanimously. ORDINANCE 8, SECTION 7.03 AMENDMENT PUBLIC HEARING (COMM. #2-82-4) Chairperson Bosell opened the public hearing. Commissioner Perry noted that at a previous meeting she had given information from surround- ing communities on how they handle beauty shops as in-home occupations. Oak Grove allows (~them by Special Use Permit with no need for a holding tank. They have had no problems yet. ~She also spoke to Mike Hansel of the Pollution Control Agency Water Quality Division regard- ing the possibility of contamination from the ingredients used in beauty shops. He stated that all of the products used are bio-degradable and would cause no more of a problem relative to ground water pollution than the products used in an average household. Chairperson Bosell noted that our On-site Septic System Ordinance is more stringent than WPC40. She felt that we should have something in the ordinance regarding those homes that were built prior to the On-Site Septic System Ordinance. Another item to consider would be incorporating the guidelines set out by the State as to size, access, etc. Commissioner Perry felt that parking spaces, hours of operation, signs, etc. should also be included. Chairperson Bosell noted that signs are governed by Ordinance 8, but we could require a statement from the operator regarding the hours the shop would be open. She felt that these items could be listed as criteria for a beauty shop as an in-home occupation in Ordinance 8, Section 5.03. Commissioner Perry noted that she received a telephone call from Carol Davidson, 16144 Tulip Street, saying that she is in favor of allowing home beauty shops in the non-sewered area. Discussion centered on whether the ordinance should be amended to include the criteria for beauty shops or if the criteria should simply be put on the Special Use Permit request form. Chairperson Bosell felt that the ordinance should be amended. Commissioner Spotts felt that if the criteria is listed and the Commission leaves something out, we could end c=Jup with a mess. Linda Mills, 4471 - 148th Lane N.W. - asked if the hours had to be listed that the shop would be open, would there be exceptions made for holidays. Chairperson Bosell noted that there could be. CJ Planning and Zoning Commission Meeting April 13, 1982 - Minutes Page 2 :- '(Ord. 8, Sec. 7.03, Cont.) '--./ Chairperson Bosell explained that in order to amend Section 5.03 to include the criteria for an in-home beauty salon, we have to hold a public hearing. C.J Ms. Mills noted that the state requires a certain number of square feet for the beauty salon and the shampoo area, separate bathroom and a separate entrance. Chairperson Bosell stated that we could adopt the state guidelines covering in-home beauty salons. MOTION by Perry, seconded by Spotts to close the public hearing. Motion carried. The secretary was asked to call former Commissioner George Lobb to see if she could obtain a copy of the license requirements for barber shops. MOTION by Perry, seconded by Spotts that the Andover Planning and Zoning Commission recommend to the City Council that Ordinance 8 and Ordinance 8M, Section 7.03, Special Uses, be amended to allow beauty salons as home occupations in non-sewered areas. The regulations of neighbor- ing communities were examined and information from the Pollution Control Agency was con- sidered during discussion. A public hearing was held and there was no objection to the proposed amendment. Motion carried unanimously. This will go to the City Council on May 4, 1982. . -,It was the concensus of the Commission that a statement of intent of the Planning Commission '~Je sent to the City Council stating that the Commission consider Section 5.03, Special Uses, to determine what criteria shall be used for granting of a Special Use Permit for in-home beauty shops and in-home barber shops. The Commission discussed limiting the number of chairs allowed, the hours of operation, parking and will reference the State Cosmetology Board requirements as well as the State Barber Board requirements. It has been suggested that a public hearing be held for discussion of an amendment to Ordinance 8, Section 5.03. Other items considered are compliance with Ordinance #37 (On-site Septic System Ordinance), review of the Special Use Permit yearly and other items the Commission may feel would be necessary. A public hearing will be held on Ordinance 8, Section 5.03 on April 27, 1982. JEROME GAU VARIANCE (COMM. #3-82-3) Jerome Gau, 17757 Tulip Street N.W.- is requesting a variance to enable him to build a garage closer to his front lot line than the principal structure. The building will either be 28' x 32' or 30' x 36' and will be used for storage. Chairperson Bosell noted that on the variance request form, Mr. Gau listed topography as a reason for his variance and she felt that the property looked level. Mr. Gau noted that it slopes down and that there are trees where he could put the garage without a variance. (City Engineer Schrantz arrived at this time: 8:45 p.m.) _~MOTION by Spotts, seconded by Perry that the Andover Planning and Zoning Commission recommend : ;0 the City Council approval of a variance requested by Jerome Gau of 17757 Tulip Street N.W. '-to construct an accessory building on his property at the above address closer to the front lot line than the principal structure as set out in Ordinance 8, Section 4.05(f). A hard- ship is created due to the topography of the land and removal of trees planted within the last five years. It will not affect the existing or potential use of adjacent land; it allows f . L) Planning and Zoning Commission-Meeting April 13, 1982 - Minutes Page 3 C~ ~au Variance, Cont.) ,_/ for the reasonable use of the land; and there was no opposition at the meeting. Vote on Motion: Bosell-Abstain; Perry-No; Spotts-yes. This will go to the City Council on May 4, 1982. Commissioner Perry noted that she voted no because she didn't see where the topography was so much of a problem that there would be no alternatives; unfortunately, the house was built at the back of the lot. WESTVIEW INDUSTRIAL PARK PUBLIC HEARING (COMM. #2-82-3) Chairperson Bosell opened the public hearing. Dennis Bjorngjeld, Stacy, MN, representing Semina, Inc.- stated that basically they are splitting a five acre parcel into three lots. City Engineer Schrantz reviewed his letter regarding the plat. He noted that the existing zoning is Limited Industrial and will remain so; the soils are suitable except that wind erosion potential is high; soil borings and a grading plan have not been provided; if storm drainage is not proposed, the water will have to be ponded; the property is not in a flood hazard area; Anoka County has approved two driveways-one onto CSAH 9 and one onto CSAH 20; traffic circulation for police and fire is of concern; Lot 1, Block 1 only has 38,000 square feet of buildable land whereas the ordinance requires 39,000 square feet; the development , ',is consistent with the Comprehensive Plan; the Park Board has recommended cash in lieu of ',-/land in the amount of $3,800.00. Mr. Schrantz noted that there are a number of items on the checklist that haven't been done. Chairperson Bosell noted that she was under the impression that soil borings may be required but were not necessary unless specifically asked for. Engineer Schrantz explained that they have to be provided either by the developer or by the person building on the lots. He recommended the developer provide them. Responding to Mr. Schrantz's letter, Mr. Bjorngjeld noted that they are not in a position financially to have someone do soil borings. He was also concerned about having to provide a street for emergency vehicles. He noted that everything in that area fronts on either County Road 9, County Road 20 or 162nd Lane. Chairperson Bosell noted that on the grading plan, some fill is going to be required to give access to County Road 9. Engineer Schrantz stated that his concern is to provide enough ponding. Chairperson Bosell told Mr. Bjorngjeld that he needs to provide 3 acre feet of storm water storage. Mr. Bjorngjeld again expressed concern about providing soil borings. Engineer Schrantz noted that at some time they need to be provided. Normally when someone plats they provide information that the lots are buildable. The problem is that we could be creating lots that are not buildable. Chairperson Bosell noted that the following are the items of concern on this plat: soil ,~borings, grading plan and ponding area. ''-~Oing back to the Fire Department's recommendations for a street to provide access to the industrial park, Chairperson Bosell noted that their first recommendation would make all of the lots on 162nd Lane double frontage lots which are not allowed by ordinance. /' . , \ '--J L,) Planning and Zoning Commission Meeting April 13, 1982 - Minutes Page 4 ,. '\ ~-/(Westview Ind. Park, Cont.) City Engineer Schrantz explained that the Fire Department is concerned that people will fence their properties and then the fire trucks can't get through. An access is all that is needed to keep the Fire Department happy. Mr. Bjorngjeld asked if soil borings really need to be provided. Commissioner Perry felt that they should be done prior to approval of the plat. Mr. Bjorngjeld noted that there is no problem with the building they have on Lot 1 and that the septic system installer could provide the city with a statement saying that the soil is satisfactory. Chairperson Bosell noted that the following items need to be provided before approval: if Mr. Bjorngjeld is not the fee owner, a letter of consent from the fee owner needs to be provided; within 300 feet of the plat the zoning of the adjacent properties needs to be shown; County Road 20 to the west has to be shown and what type of surface it has; the width and surface of County Roads 9 and 20 needs to be shown; restrictive covenants need to be provided to the city if there are any; the north lot line of Lot 2 needs to be shown; the proposed use of the property needs to be shown; the setback from the lot line is to be 50 feet. Recess 10:00 p.m. - Reconvene 10:12 p.m. It was decided that the plat should be sent to the City Council contingent upon the above items being provided. / ~ , :~OTION by Spotts, seconded by Perry to close the public hearing. Motion .carried unanimously. MOTION by Spotts, seconded by Perry that the Andover Planning and Zoning Commission recommend to the City Council approval of the preliminary plat known as Westview Industrial Park being developed by Semina, Inc. legally described as 'That part of the West 250 feet of the North- west Quarter, Section 16, Township 32, Range 24, lying south of the North 1984.99 feet thereof; and that part of the East 120.42 feet of the West 370.42 feet of the Northwest Quarter, Section 16, Township 32, Range 24, lying south of the North 2184.99 feet thereof in Anoka County, Minnesota'. A public hearing was held and there was no opposition. The plat has been reviewed by the City Engineer with certain recommendations; it has been reviewed by the County Highway Department with certain recommendations; we concur with the Park Board's recommendation of cash in lieu of land in the amount of $3,800.00; the plat meets with the City ordinances. Approval of the plat is contingent upon the following items being provided: 1) a letter of consent from the fee owner; 2) existing zoning within 300 feet being shown; 3) existing streets, specifically 161st Avenue to the West that is not shown, put width and type of surface as well as the same for County Road 9 and County Road 20; 4) boundary lines within 100 feet of the plat need to be shown; 5) lot dimension on north boundary line of Lot 2 needs to be shown; 6) Lot 1, Block 1 needs to be 39,000 square feet in lot area; 7) the setback on County Roads 9 and 20 needs to be changed to 50 feet; 8) a statement as to the method of disposing of surface water needs to be made; 9) a statement of use (commercial) needs to be made. Motion carried unanimously. This will go to the City Council on May 4, 1982. The Planning Commission will also review the plat on April 27, 1982 to make sure that all of the items listed above have been completed. , "\ '--I~ORTHGLEN 2nd ADDITION REVIEW (COMM. #2-82-1) Chairperson Bosell explained that at the last Planning Commission meeting this plat was L~ Planning and Zoning Commission Meeting April 13, 1982 - Minutes Page 5 '!Northglen 2nd, Cont.) / , ) '---..- was approved with some contingencies. She noted that the only item missing is the width and type of surfacing on 139th Avenue east of Round Lake Boulevard. KEN SLYZUK VARIANCE (COMM. #4-82-1) Ken Slyzuk, 14124 Crosstown Boulevard N.W. - noted that he is requesting a variance to allow him to add onto his existing warehouse which is on Nightingale Street. He would be adding two extensions to the north that will be 24' x 58'. Discussion centered on whether this is a non-conforming structure or an encroachment because it violates the setback requirements. It was the concensus of the Commission that it is an encroachment. The County took additional right-of-way when they upgraded Nightingale and now the building is only 2 feet from the right-of-way line. Commissioner Spotts asked what the building is used for. Mr. Slyzuk stated that it is for vegetables. MOTION by Perry, seconded by Spotts, that the Andover Planning and Zoning Commission recommend to the City Council approval of a variance requested by Kenneth Slyzuk of 14124 Crosstown Boulevard N.W. for the property described as 15211 Nightingale Street N.W. Pursuant to Ordinance 8, Section 6.02, Mr. Slyzuk would be varying from the minimum setback requirements so that he can add onto the existing warehouse at said property. A hardship has been created by the additional acquisition by Anoka County of footage for Nightingale Street. r-~The variance will not adversely affect the existing or potential use of adjacent land and '--/it is necessary to Mr. Slyzuk's reasonable use of the land as a warehouse facility for his agricultural activities. Motion carried unanimously. This will go to the City Council on April 20, 1982. NOTE: It has been brought to the Commission's attention that the extension to the building will be of the same material as the present building, that is, plain cement block, but it is our recommendation that it remain the same as it would be unsightly to have it different. MULTIPLES IN R-4 ZONES (COMM. #3-82-4) Chairperson Bosell noted that this item is back again at the request of the City Council. In July of 1981, the City Council gave the Planning Commission the same request and we recommended that no changes be made in the ordinance, thereby allowing doubles in R-4 zones by Special Use Permit. The City Council subsequently amended the ordinance to not allow doubles in R-4 zones unless they were a part of a plat. She noted that Councilman Lachinski called her and said that the Council is looking for Planning and. Zoning to see if there could be multiples allowed in R-4 zones with certain restrictions on them, such as the owner must live in the house, the number of cars allowed, etc. Bruce VanDenBoom, 2205 - 140th Lane N.W. - noted that his neighbors had no objections to him renting out his basement as long as he lived in the area. They don't even mind if he moves into the other house he bought, which is in the same area. However, they are afraid that he will move out of the area and leave the neighborhood with two more rental units c~with absentee landlords. Mr. VanDenBoom noted that he did a little research on what house ~~ayments are in the present market and found that if a person has a $55,000 mortgage at an interest rate of 15%, his monthly payments would be $797.00. If the mortgage is $70,000, the payment would be close to $1,000.00. Chairperson Bosell asked Mr. VanDenBoom if the basement in his new house is finished. f ' '---) Planning and Zoning Commission Meeting April 13, 1982 - Minutes Page 6 _~~ultiples in R-4, Cont.) Mr. VanDenBoom noted that it is finished but he doesn't feel that he should be allowed to rent that basement. He also didn't feel that the owner should have to live in the house that has a rental unit in it; however, the owner should have to live in the City of Andover. / '\ L._.J Commissioner Perry didn't feel that the city should put too many regulations on a Special Use Permit. She felt that in order for it to be workable, it has to be something that is applicable to many situations. She noted that the Commission has to determine whether it's appropriate to have a two family home in an R-4 district. If the vehicle is a Special Use Permit, the only stipulation she would like to see is an annual review. Commissioner Spotts will check with other cities to see what they do regarding rental units. The secretary will contact the League of Minnesota Cities to see if they have anything. The Commission will hold a Special Meeting at 7:30 P.M., Tuesday, April 20, 1982 to continue this item and the other items on the agenda. JOHN PETERSON, GOOD VALUE HOMES - noted that they have had to change the landscape plan that was submitted for Northglen 2nd Addition. The original plan provided no foundation plantings and too many trees. They have eliminated 60 trees and added 480 shrubs. It was the concensus of the Commission that a memo be sent to the City Council stating the following: "The Commission has reviewed the revised landscape plan and has no objections. The original plan had included many trees and neglected to add foundation plantings. The r ~revised plan allows for foundation plantings and fewer trees." The secretary will send a ,-~emo to the Council for their April 20th meeting. MOTION by Spotts, seconded by Perry to adjourn. Motion carried unanimously. Meeting adjourned at 12:03 a.m. Respectfully submitted, Lf4; Vicki Volk, Commission Secretary " \.- )