Loading...
HomeMy WebLinkAboutJune 8, 1982 () o .0 I I Call to order o C) ~ 01 ANDOVER REGULAR PLANNING AND ZONING COMMISSION MEETING JUNE 8, 1982 AGENDA Approval of minutes - May 19 & May 25, 1982 1. Comma #5-82-5 2. Comma #5-82-6 3. Comma #5-82-7 4. Comma #5-82-8 5. Comma #5-82-9 6. Comm. #2-82-8 7. Comma #4-82-4 8. Comm. #11-81-1 Linda Mills Special Use Permit Public Hearing Frank Padula Special Use Permit Public Hearing Edward Fields Rezoning Public Hearing Gary Anderson Variance Alfred Eckhardt Variance Lloyd Reimann Rezoning Public Hearing, Cont. Dwelling Unit Requirements, Cont. Firearms Ordinance, Cont. , rj U G ~ 01 ANDOVER o REGULAR PLANNING AND ZONING COMMISSION MEETING JUNE 8, 1982 t~INUTES The regularly scheduled Andover Planning and Zoning Commission meeting was called to order by Chairperson d'Arcy Bosell at 7:32 P.M., Tuesday, June 8, 1982 at the Andover City Hall, 1685 Crosstown Boulevard N.W., Andover, Minnesota. Commissioners Present: Commissioners Absent: Also Present: Anstett, Perry, Randklev, Spotts Apel Linda Mills; Frank Padula; Edward Fields; Mrs. Gary Anderson; Alfred Eckhardt; Lloyd Reimann; others Approval of Minutes May 19, 1982 MOTION by Anstett, seconded by Perry to approve the minutes of May 19, 1982 as written. Carried unanimously. May 25, 1982 MOTION by Perry, seconded by Randklev to approve the minutes of May 25, 1982 as written. Motion carried on a 4 yes, 1 present (Anstett) vote. o Linda Mills Special Use Permit Public Hearing (Comm. #5-82-5) Chairperson Bosell opened the Public Hearing. Linda Mills, 4471 - 148th Lane N.W. - stated that she is requesting a Special Use Permit to operate a one-chair beauty salon in her home. Commissioner Perry asked what the hours of operation will be. Mrs. Mills stated that she doesn't have any specific hours set up yet but felt that she would only be open three days a week, by appointment. The hours probably would be from 9:00 a.m. to 5:00 p.m. or from 1:00 P.M. to 9:00 P.M. Chairperson Bosell asked if Mrs. Mills had shown her plans to the Building Inspector and what his comments were. Mrs. Mills noted that the Building Inspector said the plans look fine. Chairperson Bosell asked when the septic system was installed. Mrs. Mills noted that it was put in in November of 1975 and they are adding 200 more feet of drainfield. Chair- person Bosell asked how big the lot is. Mrs. Mills stated that it is 290' x 150'. There was some discussion on why two sink chairs are shown on the plans with Mrs. Mills explaining that she can do two people at one time. It was suggested that she revise the plans to show that the chairs are shampoo chairs so there is no question as to whether this is a one-chair or two-chair salon. r' U Commissioner Perry asked if the bathroom shown on the plans is for the beauty salon. Mills noted that it is; the state requires a separate bathroom for a beauty salon. Mrs. Mills presented a petition with 68 signatures showing approval of her Special Use Permit. She noted that she contacted 69 homes, all in Meadowood; only one person didn't want his name on the petition. She stated that she did not contact those people who Mrs. Regular June 8, Page 2 Planning and Zonin~-~mmission Meeting 1982 - Minutes o ~ (Mills Special Use Permit, Cont.) received a notice from the city regarding the public hearing. Doug Anderson, 4511 - 148th Lane N.W. - asked if he could review the petition. John Hennen, 14811 Makah Street N.W.. representing Dellwood Construction - showed the Commission a map of the area noting that of the eight people the city notified. 6 of them are opposed to the beauty salon. He also noted that the covenants for Meadowood restrict it to residential. Mrs. Mills - stated that she also has a copy of the covenants and asked if she could compare the one she has with the one Mr. Hennen presented. Pat Sparks, 14875 Makah Street N.W. - noted that he and his wife are opposed to the Special Use Permit. He also felt that the petition that Mrs. Mills presented was misleading. Two months previous Mrs. Mills went around with a different petition. Chairperson Bosell noted that the first petition that Mrs. Mills brought around was one which dealt with the ordinance amendment allowing beauty salons as in-home occupations in non-sewered areas. She explained that the petition is on file at City Hall and if Mr. Sparks wanted to, he could come up to City Hall and look at that petition. Chairperson Bosell asked Mr. Sparks why the second petition is misleading. Mr. Sparks felt that it is misleading because Mrs. Mills went only to those people who signed the first petition. / " Commissioner Anstett asked Mr. Sparks if he could see the Mills' home from his home. Mr. ,_J Sparks stated that he could. Mr. Sparks presented a letter from Hugh Hommer, 4541 - 148th Lane N.W. which states the following: 'My wife and I received the notice that a request to operate a one chair beauty salon has been made by Linda Mills. This business is to operate in her home, which is part of the community referred to as Meadowood. My wife and I are against allowing businesses to operate in our community and therefore vote against the request made by Linda Mills. I hope the City of Andover honors our written covenants which specifically states such business ventures are not allowed.' Doug Anderson - presented a letter from Mr. and Mrs. Thomas Mattson stating that they don't approve of a small business being developed in the neighborhood because this neighborhood has been in its entirety zoned as residential. Mr. Anderson noted that he lived on Sunny Lane in Anoka prior to moving to Andover and the reason they moved was because small businesses were being opened in the homes in his neighborhood. He also noted that the people on Mrs. Mills' petition all live at least one block from her. The only person living near her who was not opposed was Mr. Meier and Mr. Anderson felt that he was not opposed because he works for the State Bank of Anoka and they will be lending Mrs. Mills the money to remodel her home. Mr. Anderson felt that this is a conflict of interest. Chairperson Bosell noted that the city does not care if Mr. Meier works for the State Bank as it is not a conflict of interest for the city. Mrs. Mills - stated that she contacted all of the people in Meadowood with the exception of those who received a letter because this would affect the whole area. She also noted that Tom Mattson does not live in Meadowood. / ~ \~ Ron Alto, 14832 - 7th Avenue - noted that he is in favor of the Special Use Permit. He is the only person who will be using the driveway that people would be driving by to get to Mrs. Mills' home. R 1 Pl . d Z . ( \ . . egu ar annlng an onln~mmlsslon June 8, 1982 - Minutes Page 3 (Mills Special Use Permit, Cont.) Meeting u \ ~) Kathy Meier, 4480 - 148th Lane N.W. - stated that she has no objections to the Special Use Permit. She felt that a beauty salon would not create any more traffic than those families who have three or four children with their own cars. The people coming to the beauty salon will only be driving into Meadowood a short distance. Sonja Boland, 14589 Lipan Street N.W. - noted that they ride by the Mills' home on their bikes and feels that it is one of the most attractive homes and yards in the area. She also noted that she has seen the plans and they look very attractive. Gail Hukee, 4531 - 146th Lane N.W. - noted that she does not object to the permit. She felt that one thing to consider is that it will not change the neighborhood. She also noted that traffic should not be any problem and that there will be no signs advertising the beauty salon. Mr. Sparks asked if the parking would be restricted to off street. Chairperson Bosell noted that it is. Mrs. Mills noted that she has heard a rumor that a condominium can be built on the vacant lots in Meadowood and asked if that was true. Chairperson Bosell noted that a condominium cannot be built there because there is no sanitary sewer. Mrs. Mills also noted that on the side of their lot facing 7th Avenue, there is a barrier of trees and they cannot see their neighbor's house because of those trees. , '\ ~0 Mr. Sparks - stated that he is opposed to the permit because it will set a precedent and he feels that it will decrease the property values. Tom Mills stated that according to the covenants, a one square foot professional sign is allowed in Meadowood. If a sign is allowed, than an in-home beauty salon must be allowed. He also felt that the people in the audience were not aware of the criteria that must be met, such as the annual reviewal. Going back to the hours of operation, Chairperson Bosell suggested that Mrs. Mills set up her hours tonight so the City Council is aware of what they are. Mrs. Mills noted that they would be three days a week, Wednesday, Thursday and Friday. On Wednesdays she would be open from 9:00 A.M. to 5:00 P.M. and on Thursday and Friday she would be open from 1:00 P.M. to 9:00 P.M. She possibly would be open on alternating Saturdays also. Chairperson Bosell asked how many customers she could serve in one day. Mrs. Mills felt that it would be 6 or 7 people. MOTION by Spotts, seconded by Anstett to close the public hearing. Motion carried unanimously. Commissioner Spotts noted that as he looks at the covenants, he sees them as covenants not restrictive covenants. Under the definition, single family residential, it means anything with two or less families. He felt that perhaps the City Attorney should look at the covenants to see if this use would fall under the covenants. ,- ') \,~ Chairperson Bosell agreed that the request does not seem to be in violation of the covenants. Mr. Sparks felt that if the request is granted, there will be a significant traffic problem. Also, the Mills' driveway is very steep. u u Regular Planning and Zoning Commission Meeting June 8, 1982 - Minutes Page 4 ~ (Mills Special Use Permit, Cont.) Commissioner Perry noted that her understanding of a home occupation would be more restrictive than what is being proposed. She stated that she would be more favorable if the customers could go into a lower level into the beauty salon, but they are doing significant remodeling. Chairperson Bose11 noted that they have to have separate entrances. Commissioner Perry felt that by adding on this much area, we are perhaps moving beyond an in-home occupation. Mrs. Mills stated that the reason they are not putting the beauty salon in their basement is because they use all of the basement and there would be no place to put a salon down there. She noted that they are only making it as big as shown to meet the state require- ments. Commissioner Spotts asked about the steepness of the driveway. Mr. Mills noted that the driveway is level by the house. MOTION by Anstett, seconded by Spotts that the Andover Planning and Zoning Commission recommend to the City Council approval of a Special Use Permit requested by Linda Mills to operate a one-chair in-home beauty salon at 4471 - 148th Lane N.W. This recommendation is being made based on comments from the public. We heard from neighbors for and against saying there would and would not be a traffic problem. There was noted opposition by ,~ three individuals who have interest in Lots 1, 3, 4, and 5 of Block 1 and Lots 2 and 3 ',-) of Block 3 stating that this particular Special Use Permit would be a violation of the covenants and may open the area to more businesses. Consideration was given to the fact that there are no other houses closer to 7th Avenue than this one; only one other drive- way would be driven by by those people going to the beauty salon; there is a natural barrier of trees protecting property views; the septic system will be brought up to code per the Building Inspector. The applicant has provided the hours of operation, which will be Wednesdays from 9:00 a.m. to 5:00 p.m. and Thursdays and Fridays from 1:00 P.M. until 9:00 P.M. with an occasional alternating Saturdays as necessary. The operator anticipates no more than seven customers on the busiest day. We are also considering written comments by the public. We have received a petition from the Meadowood area indicating the majority of the residents of that subdivision are not opposed to this Special Use Permit. With those considerations in mind, the granting of the Special Use Permit will not cause serious traffic hazards; it will not depreciate surrounding property values; it is in compliance with Ordinance 8P and 8Q, allowing beauty salons as home occupations in residential areas, with the suggestion that our attorney review the covenants on the property. The following criteria has been met: 1) it is a one chair salon; 2) the hours of operation have been provided; 3) the parking is acceptable according to the Building Inspector; 4) the 39,000 square feet of lot size has been exceeded; 5) the permit will be subject to an annual review; 6) the beauty shop will be owner occupied; 7) drawings have been submitted; the septic system will be enlarged to be in compliance with Ordinance No. 37. Motion carried unanimously. This will go to the City Council on July 6, 1982. ~ Recess 9:00 - Reconvene 9:13 u ( ) ~ Regular Planning and Zoning Commission Meeting June 8, 1982 - Minutes Page 5 \ ~ Frank Padula Special Use Permit Public Hearing (Comm. #5-82-6) Chairperson Bosell noted that she spoke with the City Attorney and he stated that Mr. Padula needs to apply for a rezoning rather than a Special Use Permit as retail sales are not allowed in a Limited Industrial zone. She noted that retail sales would fit into a General Business zone. Frank Padula noted that the City Clerk told him that he should apply for a Special Use Permit. He felt that he could have been informed of this prior to the meeting and suggested the Planning Commission act on his request for a Special Use Permit. He didn't see why they should down zone the property; the uses he is requesting are compatible with every liquor store around. Commissioner Anstett noted that it would not be down zoning; it's looking at what is appropriate. Chairperson Bosell noted that if she started calling everyone on an agenda and missed one person then she would be in trouble. Mr. Padula noted that he will now have to wait two more weeks for anything to be done. He stated that he lives in the city, works in the city and pays taxes here. Chairperson Bosell suggested that the Commission holds this item, and Mr. Padula applies for a rezoning and they can both be dealt with at the same time. ~ This item was tabled until Mr. Padula decided what he wanted to do. ~) Edward Fields Rezoning Public Hearing (Comm. #5-82-7) Chairperson Bosell opened the public hearing. Ed Fields, 15421 Round Lake Boulevard - stated that he is a farmer and wants to continue to farm. By allowing properties to be rezoned to agricultural preserve, the city is saying that agriculture is important and should be protected. He is requesting that his property be rezoned from R-l to agricultural preserve. Commissioner Anstett asked Mr. Fields if his house is the only permanent dwelling. Mr. Fields noted that the property his house is on is owned by he and his wife, not Ed Fields and Sons, Inc. and probably should not be included in this request. Commissioner Spotts asked if the information regarding this request had been reviewed by the City Engineer, Park Board and the Watershed Board. Chairperson Bosell noted that the City Engineer has received the information but has not provided any comments; the Park Board is not involved as there would be no dedication fee required and the Watershed Board does not deal with rezonings. MOTION by Spotts, seconded by Anstett to close the public hearing. Motion carried unanimously. ~ MOTION by Perry, seconded by Spotts that the Andover Planning and Zoning Commission recommend to the City Council approval of a request of Edward Fields, representing Edward Fields and Sons, to rezone from R-l to agricultural preserve the following properties: Plat 65921, Parcels 4200, 3600, 7800, 7050 and 8400; Plat 65916, Parcels 6600, 8400 and 9000; Plat 65915, Parcels 6120 and 6000. The rezoning is in compliance with Ordinance 8, Section 5.03 (B) and also in compliance with the Comprehensive Plan in that it is preserving the viable u c) Regular Planning and Zoning Commission Meeting June 8, 1982 - Minutes Page 6 ~ (Fields Rezoning, Cont.) '--~ agricultural land and also it is the best use of the land. with Ordinance No. 57, The Agricultural Preserve Ordinance. for farming at this time. Motion carried unanimously. This will go to the City Council on July 6, 1982. The request is in harmony The property is actively used ,J Gary Anderson Variance (Comm. #5-82-8) Mrs. Gary Anderson, 16038 Valley Drive - noted that she is requesting a variance for a playhouse that is closer to the front lot line than the house. Commissioner Anstett asked what the land is like behind the house. Mrs. Anderson noted that it is swamp. Chairperson Bosell asked if this is a 5 acre parcel. Mrs. Anderson noted that it is. Ron Smith 14842 Evergreen Street N.W. - stated that he built the house for the Andersons. He felt that it is ridiculous and uncalled for that they have to get a variance. They are only trying to keep the property looking nice. He felt that $40.00 for a variance is too much and suggested that the fee be waived. MOTION by Randklev, seconded by Spotts that the Andover Planning and Zoning Commission recommend to the City Council approval of a variance requested by Gary Anderson, 16038 Valley Drive to allow an 8' x 10' metal storage shed in front of the house line because a hardship is created due to the topography of the land, it will not depreciate the value of adjacent lands, it is in compliance with the Comprehensive Plan and it is necessary to the reasonable use of the land. Vote on motion: Yes - Spotts, Perry, Randklev; No - Bosell, Anstett. Motion carried. This will go to the City Council on July 6, 1982. Alfred Eckhardt Variance (Comm. #5-82-9) Alfred Eckhardt, 14649 - 7th Avenue - stated that he is requesting a variance to change the lot lines on his two parcels. He would like to join 21 feet of Parcel 1350 with Parcel 1370. The main reason he is requesting this is to make the lots square and so he can add onto his existing one car garage, which would extend onto the other parcel one foot if not combined. Chairperson Bosell asked if there is a structure on Parcel 1350. Mr. Eckhardt noted that there is not. () MOTION by Spotts, seconded by Anstett that the Andover Planning and Zoning Commission recommend to the City Council approval of a variance requested by Alfred E. Eckhardt of 14649 - 7th Avenue N.W., Andover, to remove the south 21 feet of Parcel 1350, Plat 65930, which Mr. Eckhardt owns and add that to Parcel 1370, Plat 65930, allowing that both parcels will be parallel. Parcel 1200 north of Parcels 1370 and 1350 is owned by the city and has access to 147th Avenue N.W. The reason for the approval is that a hardship is created due to the physical condition of the land; it will not adversely affect the existing or potential use of the adjacent land or County Road 7; it is in conformance with the Comprehensive Plan; it is necessary to the reasonable use of the land. Motion carried unanimously. This will go to the City Council on June 15, 1982. R 1 Pl . d Z . ('\ . . M . egu ar annlng an onlr,-~mmlsslon eetlng June 8, 1982 - Minutes Page 7 u Frank Padula Special Use Permit Public Hearing, Cont. (~- ....\ '-/ Mr. Padula informed the Commission that he would like them to deal with this tonight. Chairperson Bosell opened the Public Hearing. Lloyd Reimann noted that no retail is allowed in Limited Industrial, yet the liquor store is retail. Chairperson Bosell noted that liquor licenses are allowed along with things incidental to liquor. The City Attorney has said that the deli and cheese shop are beyond what goes along with a liquor store. Mr. Padula stated that they are actually in the retail sales business. He noted that if the city is going to grow, we're going to have to bend the rules. Chairperson Bosell asked Mr. Padula what plans they have for the other half of that property. Mr. Padula stated that they have no plans as yet. It was decided that Mr. Padula would come in to apply for a rezoning and that the Special Use Permit would be continued to the next meeting, at which time both items would be dealt with together. Lloyd Reimann Rezoning Public Hearing, Cont. (Comm. #2-82-8) Chairperson Bosell reopened the public hearing. She noted that she spoke with Stanley Knoll, the fee owner of the property, and he said that he platted the property as residential and he felt that it should stay residential. (j Mr. Padula noted that he spoke to Mr. Knoll who told him he didn't care ~ither way. Commissioner Perry asked what the County Highway Department said about the accesses. Chairperson Bosell explained that the County will not allow an access onto County Road 9. Ron Markgraff, 16011 Narcissus Street N.W. - stated that he has nothing against having a library there but felt it should be rezoned to something other than General Business. MOTION by Spotts, seconded by Anstett to close the public hearing. Motion carried. Lloyd Reimann stated that when you have four corners on two county roads like this, they are always all for commercial businesses. Commissioner Perry noted that the Comprehensive Plan suggests that the development of a commercial area on one quadrant does not dictate that the other quadrants should be commercial. Mike Pallow, 16071 Narcissus Street N.W. - asked how long Pine Hills Addition has been platted. Chairperson Bosell stated at least two years. MOTION by Spotts, seconded by Anstett that the Andover Planning and Zoning Commission recommend to the City Council denial of a rezoning requested by Lloyd Reimann of 2813 - 142nd Avenue N.W., to rezone the property described as Lot 2, Block 4, Pine Hills Addition from R-l to General Business. (J It is not known at this time if the proposed use would be detrimental to the health, safety, or general welfare of the community; it is not known if it will cause serious Regular Planning and Zonin~~~mmission June 8, 1982 - Minutes Page 8 Meeting , ') V \ (Reimann Rezoning, Cont.) traffic congestion or hazards; it is not known if it will seriously depreciate surround- ing property values; it is not in harmony with the general purpose and intent of the zoning ordinance and the Comprehensive Plan. '---. ~ Reasons for denial are: l} a letter of consent from the fee owner has not been received; 2) a letter from the County Highway Department indicates that access to County Road 9 is not acceptable; 3) it was indicated by the City Engineer that there seemed to be problems as far as access to 161st Avenue because of the low grade area; 4) there was noted opposition by two resident owners in that area who did not want the property rezoned from residential to General Business; 5) there were indications that it could possible have been used as a library; however, no one from the Library Board appeared to give any comment nor was there any written confirmation of such. A public hearing was held, both in March and June, and there was opposition both times. Motion carried unanimously. This will go to the City Council on June 15, 1982. Dwelling Unit Requirements, Cont. (Comm. #4-82-4) This item will be continued to June 22, 1982. Firearms Ordinance, Cont. (Comm. #11-81-1) This item will be continued to June 22, 1982 at which time a public hearing will be held. ,'\ MOTION by Anstett, seconded by Spotts to adjourn. Carried unanimously. . , '-~ Meeting adjourned at 11:25 P.M. Respectfully submitted, &.~ Vicki Volk, Recording Secretary " \ , )