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HomeMy WebLinkAboutSeptember 8, 1981 o o o Call to order Approval of minutes l. Corom. #8-81-5 2. Corom. #8-81-6 3. Comm. #8-81-7 4. Corom. #8-80-12 5. Corom. #8-81-8 000 ~ 01 ANDOVER REGULAR PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 8, 1981 AGENDA Wm. C. Rademacher Special Use Permit Public Hearing Campbell/Gabrelcek Rezoning Public Hearing Campbell/Gabrelcek Special Use Permit Public Hearing Ordinance 8 Amendment Public Hearing Jerry Winds chit 1 Sketch Plan o o 0 ~ 01 ANDOVER o o REGULAR PLANNING AND ZONING COMMISSION MEETING /~ ~ 9f~/r/. SEPTEMBER 8, 1981 MINUTES The regularly scheduled Planning and Zoning Commission meeting was called to order by Chairperson d'Arcy Bosell at 7:33 P.M., Tuesday, September 8, 1981 at the Andover City Hall, 1685 Crosstown Boulevard N.W., Anoka, Minnesota. Commissioners Present: Commissioners Absent: Also Present: Apel, Kishel, Scherer, Johnson, Lobb Anstett Wayne Anderson, representing Wm. C. Rademacher; Brad Campbell; John Gabrelcik; Ray Prasch, representing Jerry Windschitl Approval of Minutes August 25, 1981 Page 5, Leroy Johnson's comments, second line, add 'has' two more...... Page 2, Chairperson Bosell's comment that traffic will be very minimal - delete the sentence. MOTION by Scherer, seconded by Apel to approve the minutes of August 25, 1981 as corrected. Vote on motion: Yes - Apel, Kishel, Scherer, Bosell; Present - Lobb, Johnson. Motion carried. Wm. C. Rademacher Special Use Permit Public Hearing (Comm. #8;'81-5) Chairperson Bosell opened the public hearing. Wayne Anderson, 1018 N.E. Main St., Minneapolis,'representingWm. C. Rademacher - stated that this request is for a Special Use Permit to build a liquor store next to the convenience store on Round Lake Boulevard. The store will be about 5,000 square feet; if the total expansion of the building is done, it will be 8,000 square feet. Commissioner Scherer asked what the size of the existing building is. Mr. Anderson noted that it is 5,024 square feet. Chairperson Bosell stated that when this goes to the City Council, a letter of consent from the fee owner will be required. Mr. Anderson noted that Mr. Rademacher has clear title. Chairperson Bosell questioned whether the Fire Department and the Building Inspector had reviewed the plans for the building as yet. Mr. Anderson stated no, not since the convenience store was built. A fire alarm and smoke detection system was put in the store. Lola Fortner, 13808 Round Lake Boulevard - Asked how close the other liquor stores are going to be to this one. She also noted that she was sure that when Mr. Rademacher was talking about this property, he said there would not be a liquor store included. Stated that she is opposed to a liquor store in the community. Chairperson Bosell noted that we have one Special Use Permit for a liquor store located on County Road 20 and County Road 9. There is another one on the agenda tonight for the property north of the Speedy Market. OMs. Fortner - asked if there was any kind of law that says liquor stores have to be a certain distance from each other. Chairperson Bosell said the only distance requirement is that they have to be a certain distance from schools and churches. Michael Beal, 164th and Round Lake Boulevard - asked what happened to the municipal type Planning and September 8, Page 2 n n Zoni ng-G'ommi ss\-....1 1981 - Minutes Meeting o o /~Rademacher Special Use Permit, Cont. ~arrangement. Stated that if we're going to have liquor stores, why can't we get some tax benefit from them. He is opposed to liquor in Andover. Law enforcement has a long way to go as far as protecting the public from drunk drivers. Chairperson Bose1l explained to Mr. Beal that the Special Use Permit that will affect his area is going to the City Council on September 15, 1981. She also explained that when Mr. Rademacher was first dealing with the City Council, liquor was not even considered for the city. At the time the liquor issue was brought before the people, you could count on one hand the number of people who were at the public hearings. Mr. Beal - stated that he is opposed to all liquor in Andover. There are other problems that need tending a lot worse. John Theiss, 164th and Round Lake Boulevard - felt that this year it will be off-sale liquor stores and next year it will be on-off sale liquor stores. If the City has six liquor stores and the owners can't make a go of it, they will be selling liquor to minors. Stated that one of the biggest problems in this area is drinking. Commissioner Scherer noted that the City Council is elected by the public and they represent the views of their constituents. The Planning Commission is not an elected body; they are appointed by the City Council. Felt that if the Planning Commissioners were asked if we should have liquor in the city, they would all say no. He also stated that the Planning Commission does not make judgements regarding the goodness and badness of things. John Theiss asked how the Commissioners make their judgements. Commissioner Scherer stated that they go by the ordinances and the Comprehensive Plan. Mr. Theiss asked why this meeting is being held then. Commissioner Apel stated because the law requires it. Commissioner Johnson stated that the issue tonight is not even liquor - it's a Special Use Permi t. Mr. Theiss stated that he has respect for the police but they say their hands are tied when it comes to cars driving across their lawns, cars knocking down mailboxes, etc. Chairperson Bosell explained to Mr. Theiss that he should make his feelings known to the City Council as we're under contract with the Anoka County Sheriff's Office. She also noted that the people who apply for these permits are investigated by the Sheriff's Office. Lola Fortner - asked Chairperson Bosell to explain why the public has been invited here to express their pros and cons. "What influence do we have? What can influence you?" Chairperson Bosell explained that when she goes to the City Council with a recommendation she explains why the Planning Commission made the decision they did. She noted that she tries to represent the issue and the people who have made comments. If there were a lot of people against something, she tells the City Council that. The City Council has the responsibility to read our minutes so they know what happened at the meeting. She told Ms. Fortner that she can call the members of the City Council to let them know her feelings. The Planning Commission has to see if the law allows whatever the request is. Ms. Fortner asked Chairperson Bosell if she is going to represent the feelings of the people here tonight. /~Chairperson Bosell stated she is and also the recommendation of the Commission. She stated ~)that she tries to be unbiased. Pl . d Z .,~ .,r---" anmng an omr,- ,ommls~ I September 8, 1981 - Minutes'-/ Page 3 Meeting o u Rademacher Special Use Permit, Cont. , " 0Susan Beal did not). liquor. - asked Ms. Fortner if she wanted liquor stores in Andover. (Ms. Fortner said she Ms. Beal stated that she doesn't live by Ms. Fortner and neither of them want Commissioner Apel explained that the Commission is not talking about whether or not we're going to have liquor in Andover; that has already been settled. We're trying to decide if the property meets the criteria of the ordinances. We're not here to decide if liquor is good or bad. Ms. Beal wanted it to be noted that she is opposed to liquor stores in Andover. Michael Beal - stated that a year ago Bill Baker wanted to put in a real estate office on Round Lake Boulevard and the Planning Commission denied it. Mr. Beal was informed that that is incorrect; Mr. Baker was granted a variance because of the size of the lot and was approved to have a real estate office on that property. Mr. Beal noted that the real estate office is no longer there and the house is being rented out. There have been a lot of problems with the renters. Mr. Beal asked how liquor will benefit the city. Chairperson Bosell stated that it is the hope of everyone involved with putting up the facility to draw more people into the city. If we start to develop, more people will move into the city and also more industry will move in. Penn Leonhardt, 16340 Jon uil Street N.W. -stated that she didn't think that the location is a sufficient business location. Fe t that there isn't enough business traffic and it isn't populated enough. She also noted that she was never notified of the meeting for the Reimann request. Chairperson Bosell stated she wasn't notified because she doesn't live within 350 feet of the property. Wayne Anderson - stated that they are concerned with the opinions of the people in the community. He explained that the reason he went to work for Mr. Rademacher was because of his nature and character. He noted that County Roads 9 and 116 are main thoroughfares; the shopping center will be built up, probably by the spring of 1982. They are not merely developers; they want to have an on-going relationship in this community. In 1977 when Mr. Rademacher bought the property he didn't feel Andover would ever have liquor. He also noted that they have located the liquor store as far as possible from the church. He also stated that they will never have an on-sale establishment in the shopping center. Some day there might be a restaurant with liquor. Mr. Rademacher has had an off-sale store in Brooklyn Center for five years. The managers of this store have made more citizen's arrests than the police department. They feel they are more qualified to have a liquor license because they know how to operate a business. John Theiss - noted that he remembers when the cigarette companies had doctors say that cigarettes were good for your health. Mr. Anderson is painting a good picture. MOTION by Scherer, seconded by Lobb to close the public hearing. Motion carried unanimously. MOTION by Apel, seconded by Kishel that the Andover Planning and Zoning Commission recommend to the City Council approval of the Special Use Permit requested by Wm. C. Rademacher to operate an off-sale liquor store on the property described as Lot 1, Block 2, Andover Community Shopping Center, noting the following: 1-) There were 7 or 8 people in the /~audience who made comments against any Special Use Permit for liquor. They also expressed '~concern about the traffic problems that will be generated because of such a store. Reasons for approval: 1) It meets the criteria set forth in Ordinance 8, Section 5.03, Special Uses and also Ordinance 8L; 2) It will not affect the health, safety, morals or general welfare of the community; 3) It will not cause any serious traffic congestion in this area Pl . d Z . (~ . '---'1 M . annlng an Onln~mmlS~ eetlng September 8, 1981 - Minutes Page 4 o o Rademacher Special Use Permit, Cont. ,- -, '-/because County Road 9 is a major thoroughfare and the store will be located in a shopping center served by a service road; 4) It will not depreciate or affect surrounding property values; 5) It is in compliance with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan. It shall also be noted that this Special Use Permit will be reviewed on an annual basis. A public hearing was held pursuant to Ordinance 8, Section 5.03. Vote on motion: Yes - Bosell, Apel, Kishel, Scherer, Lobb; No - Johnson. Motion carried on a 5 yes, 1 no vote. This will go to the City Council on October 6,1981. (Commissioner Johnson stated that he voted no because Ordinance 8, Section 5.03 (B), Criteria for Granting Special Use Permits states that the proposed use will not be detrimental to the health, safety, morals, or general welfare of the community. Anyone who doesn't see that this will affect those has his head in the sand.) Recess: 8:50 - Reconvene: 9:00. Campbell, Gabrelcik Rezoning Public Hearing (Comm. #8-81-6) Chairperson Bosell opened the Public Hearing. Brad Campbell, 1905 - 162nd Avenue N.E. - stated that they plan to use the site for an off- sale liquor store. The property is the parcel directly north of the Speedy Market on Cross- town Boulevard. The property is now zoned Neighborhood Business and they would like to have it rezoned to Limited Business. Mr. Campbell presented a site plan of the proposed store to the Commissioners. He noted that it will be a block building with a pitch roof. Chairperson Bosell asked Mr. Campbell if he had talked to the Fire Department or the Building Inspector yet. Mr. Campbell said he has not talked to them yet, but they will comply with the ordinances and fire codes. Chairperson Bosell noted that if Mr. Campbell does not have clear title to the property, he will need a letter of consent from the fee owner. Bill Sironen, 2635 - 138th Avenue N.W. - stated that this property isn't zoned for this type of business. He also noted that recently a new plat was approved on the west side of Cross- town Boulevard; some of the houses will face the liquor store. Mr. Sironen didn't believe a business of this sort will attract the kind of people we would want in our city. This area does have some traffic problems although they are not severe yet. Behind this property is rental property; the owners don't care because they don't live there. The renters can move out if they don't like what goes into the neighborhood. Homeowners do not have that option because of the economy. Brad Campbell - resented Mr. Sironen's implication of the low life people that frequent liquor stores. He stated that it takes a poor operator to sell a drunk person alcohol. Mr. Campbell explained that he has worked for the Anoka County Sheriff's Office for 7 years and off-sale liquor stores are the least problem. Felt that his job would say something about his character; he believes in the law and he is not going to go out a break it. With an off-sale store, the alcohol is bought in one location and consumed in another. If a Dairy Queen went in this location, everyone would say it's great. However, they would have more problems with a Dairy Queen because of the kids that hang out at such establishments. '-JAlcohol (3.2 beer) is already being sold in this area. ,,"-- Chairperson Bosell noted that the property is presently zoned Neighborhood Business and has been that way since 1975. The purpose of a Neighborhood Business is to serve a one mile radius. Asked Mr. Campbell how he can convince her that it should be rezoned to Limited Planning and Zoninc ,Jmmis~ ,I Meeting September 8, 1981 - Minutes Page 5 '- ) Campbell/Gabrelcik Rezoning, Cont. ,Business. Mr. Campbell stated that within a one mile radius there are enough people to sustain a liquor store. The area residents would rather not drive three or four miles to buy their liquor. Mr. Campbell was confident that there is more than adequate business in the neighborhood. Chairperson Bosell explained that when the Liquor Ordinance was proposed, the city did not want liquor in a residential area. She asked Mr. Campbell why he thought it should be in a neighborhood district. Mr. Campbell noted that in 1975 when this property was rezoned, liquor was not an issue. If it's rezoned, you're opening opportunities for other business that would fit in a Limited Business district. More tax revenue would be coming in. Liquor is a very moral question; however, it's not a dirty, dangerous operation. Mr. Campbell also stated that they are not trying to introduce a new devil 's right hand man to the city. Chairperson Bosell noted that the property complies with the size requirements for a Limited Business district. Richard Wandersee, 17315 Navajo Street - reminded the Commission that the intent of the liquor ordinance is to keep liquor out of Neighborhood Businesses. Chairperson Bosell asked Mr. Campbell if they are going to share driveways with the Speedy Market and if so, they should have an agreement in the event there are problems between then Mr. Campbell thought there was already an agreement for that purpose. MOTION by Scherer, seconded by Johnson to close the public hearing. Commissioner Scherer stated that there are two issues that are important to him: One is having a liquor store in a residential area and the other is spot zoning. Brad Campbell - noted that according to the ordinance, Limited Business is to serve as a buffer between commercial and residential. He felt that this would serve adequately as a buffer. MOTION by Kishel that the Andover Planning and Zoning Commission recommend to the City Council approval of the rezoning request of Bradley Campbell and John Gabrelcik to rezone the property described as Plat 65933, Parcel 1590, being the South 1/2 of the NE 1/4 of Section 33, Town- ship 32, Range 24, from Neighborhood Business to Limited Business. It should be noted that a public hearing was held and there was one person in opposition to the rezoning. The reasons for the recommendation are: 1) That it complies with Ordinance 8, Section 6.08, for size; 2) It is in compliance with the Limited Business district in that it would act as a buffer to the residential area located to the north of the subject property; 3) There is already a neighborhood business directly to the south; 4) It is adjacent to Bunker Lake Boulevard and County Road 18 which are heavily traveled; 5) It would not adversely affect the immediate property; 6) We have a letter from the County Engineer stating that this bull di ng woul d not have an adverse ,affect on county roadways; 7) :It i si nagreement 'with the Comprehensive Plan. Motion dies for lack of a second. MOTION by Scherer, seconded by Johnson that the Andover Planning and Zoning Commission recommend to the City Council denial of the rezoning request of Bradley Campbell and John 'Gabrelcik to rezone the property described as Plat 65933, Parcel 1590, being the South 1/2 of 'the NE 1/4 of Section 33, Township 32, Range 24, from Neighborhood Business to Limited Business. It should be noted that a public hearing was held; there were two people who spoke in opposition to liquor stores in neighborhood districts. Reasons for denial are: Planning and Zonins Jmmiss, / Meeting September 8, 1981 - Minutes Page 6 Campbell/Gabrelcik Rezoning, Cont. -1) The request violates the publicly expressed opposition to liquor in neighborhood areas including zoning of Neighborhood Businesses; 2) It was the intention of this Commission when it recommended to the City Council that we exclude Neighborhood Business from areas where liquor may be sold; it would violate our own recommendation to the City Council; 3) It would contribute to the problem of spot zoning in the City of Andover. I , , / Motion carried unanimously. This will go to the City Council on October 6, 1981. Campbell/Gabrelcik Special Use Permit Public Hearing (Comm. #8-81-7) Chairperson Bosell opened the public hearing. She stated that although this request is redundant at this time, the City Attorney has said that Mr. Campbell and Mr. Gabrelcik are in proper order submitting both requests at the same time. The following are comments made by the Commissioners regarding their opinions concerning the Special Use Permit: Commissioner Scherer: Stated that he would have to vote no because of the health, safety and welfare of the people. Commissioner Apel: Stated that if the City Council approves the rezoning, he would have to approve the Special Use Permit. Commissioner Kishel: Concurred with Commissioner Apel. Commissioner Johnson: Stated that the health, safety, morals and welfare would be of great concern; he would vote against the Special Use Permit. Commissioner Lobb: Stated that he would vote no because of the welfare, etc. He also noted that the Commission was charged to keep liquor out of neighborhoods. Bill Sironen, 2635 - 138th Avenue N.W. - didn't feel this is a good place for a liquor store; the welfare of the residents would be affected in a negative manner. MOTION by Kishel, seconded by Lobb to close the public hearing. The following comment will be sent on to the City Council: rezoning request was recommended for denial by the Planning not deal with this particular Special Use Permit because we we're offering you the comments that we feel would apply if would come before us. In view of the fact that the and Zoning Commission, we could felt it was a moot point but the Special Use Permit request Chairperson Bosell explained to Mr. Campbell that if the names of the officers will have to be revealed. Gabrelcik are the only two partners. this is going to be a corporate venture, Mr. Campbell noted that he and Mr. Jerry Windschitl Sketch Plan (Comm. #8-81-8) Ray Prasch, Lot Surveys Company, representing Mr. Windschitl - stated that there are no variances that would be required. Mr. Windschitl met with the Park Board and they agreed with the land for park dedication. The streets in this plat would tie in with the streets 'in LakeRidge. Chairperson Bosell noted that a memo had been received from Ray Sowada, Public Works Depart- Planning and September 8, Page 7 , I Zoning Commisslon Meeting 1981 - Minutes , / ,Windschitl Sketch Plan, Cont. ment and Bob Palmer, Fire Department regarding this sketch plan. The memo read as follows: "It would be nice to have 152nd Avenue run to the west edge of the property to connect with the development on the west side some day. Also, is the lot on northeast of property on city street or private road (Lot 4, in Block 1 )?" Chairperson Bosell noted that Lot 4, Block 1 does not have 300 feet of road frontage. Mr. Prasch - stated that it was his understanding that the property to the west is park property. If 152nd went to the west it would go through the park. The Commissioners looked at the Andover West plat, which is the development to the west, to see where the park is located and if 152nd lines up. Chairperson Bosell noted that 152nd Lane needs a temporary turnaround and the corners need to have the radius on them. Commissioner Lobb noted that he would like to see 153rd Avenue extended down to l52nd Lane and l52nd Lane continue on to the west. The Commission concurred with Commissioner Lobb's suggestion about extending l53rd Avenue. Mr. Prasch stated that he will talk to Mr. Windschitl about the changes and get back to the Commission. Ordinance 8 Amendment Public Hearing (Comm. #8-80-12) Chairperson Bosell opened the public hearing. Bob Peach, 15830 University Avenue - regarding the mixed uses in single family residential areas, the City Council wanted to do was find some way to limit the number of doubles so they don't affect the property values. They didn't want to have too many in a residential area. Continuing on with the amendment to Ordinance 8 regarding multiple conversions, Chairperson Bosell asked if anyone saw any problems with the amendment. No one saw any problems. Ms. Bosell asked if a common element on a six-plex would be the green area. Commissioner Apel stated that would be a common element. He noted that a common element is an item that doesn't lend itself to being split up evenly, such as wells. MOTION by Lobb, seconded by Johnson to close the public hearing. MOTION by Apel, seconded by Kishel that the Andover Planning and Zoning Commission recommend to the City Council adoption of the amendment to Ordinance 8 pertaining to the multiple conversion issue as per the attached copy. Motion carried unanimously. This will go to the City Council October 6, 1981. MOTION by Lobb, seconded by Johnson to adjourn. Motion carried unanimously. Meeting adjourned at 10:40 P.M. Kespectfully submitted, ;u-u- Vicki Volk, Commission Secretary