HomeMy WebLinkAbout11/28/06C I T Y O F
DOS _
• 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 . (763) 755 -5100
FAX (763) 755 -8923 • WWW.CI.AN DOVER. MN. US
Andover Planning and Zoning Commission
Meeting Agenda
November 28, 2006
Andover City Hall
Council Chambers
7.00 p.m.
1. Call to Order
2. Approval of Minutes — November 14, 2006.
PUBLIC HEARING: Sketch Plan to consider office development at the
southwest corner of Round Lake Boulevard and 157 Avenue NW.
4. PUBLIC HEARING: Conditional Use Permit (06 -10) to allow a church on
. residential property located at 475 Andover Boulevard NW.
5. PUBLIC HEARING: City Code Amendment to delete City Code 12 -14-
• 6A.5 permitting discretionary conditional use permit approval of uses not
specifically listed.
6. Other Business:
7. Adjournment
•
• C I T Y O F
N
1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100
FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US
TO: Planning and Zoning Commissioners
FROM: Courtney Bednarz, City Planner
SUBJECT: Item 2. Approval of Minutes - November 14, 2006
DATE: November 28, 2006
Request
The Planning and Zoning Commission is asked to approve the minutes from the
November 14, 2006 meeting.
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C I T Y O F
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PLANNING AND ZONING COMWSSIONMEETING — NOVEMBER 14, 2006
The Regular Bi- Monthly Meeting of the Andover Planning and Zoning Commission was
called to order by Chairperson Daninger on November 14, 2006, 7:00 p.m., at the
Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota.
Commissioners present:
Commissioners absent:
Also present:
APPROVAL OFMINUTES.
October 24, 2006
Chairperson Daninger, Commissioners Michael Casey,
Valerie Holthus and Michael King.
Commissioners Tim Kirchof� Rex Greenwald, Devon
Walton.
Associate Planner, Chris Vrchota
Motion by King, seconded by Holthus, to approve the minutes as presented. Motion
carried on a 4 -ayes, 0 -nays, 3- absent (Kirchoff, Greenwald, Walton) vote.
PUBLIC HEARING: LOT SPLIT (06 -07} TO CREATE TWO LOTS FROM LOT 1,
BLOCK 3, ANDOVER STATION NORTH.
Mr. Vrchota explained the Andover EDA, which owns the lot, is requesting the lot split.
The lot split would allow the EDA to move forward with a land sale to Daniel
DeShaw/Thurston Funeral Homes for a proposed funeral home on parcel A. The EDA
would continue to market parcel B as a site for a light industrial or office building.
Mr. Vrchota discussed the information with the Commission.
Commissioner Holthus wondered if a trail fee would be required_ Mr. Vrchota stated the
trails and sidewalks were all constructed at the time the streets and all the other
improvements were installed, and the cost of the trails and sidewalks will be rolled into
the purchase price of the land.
f �
Regular Andover Planning and Zoning Commission Meeting
Minutes — November 14, 2005
Page 2
Chairperson Daninger stated in reference to the shared road on the north side, he thought •
there will be a concern to make that there will be no parking there so that will not be a
blocked access to Parcel B when that is sold. Mr. Vrchota indicated there will be a cross
access agreement that will have to be recorded with Anoka County guaranteeing access
across that area He noted that will be a drive lane and not a parking area.
Motion by Casey, seconded by King, to open the public hearing at 7:05 p.m. Motion
carried on a 4 -ayes, 0 -nays, 3- absent (Kirchoff, Greenwald, Walton) vote.
There was no public comment.
Motion by Casey, seconded by Holthus, to close the public hearing at 7:05 pm. Motion
carved on a 4 -ayes, 0 -nays, 3- absent (Kirchoff, Greenwald, Walton) vote.
Motion by King, seconded by Casey, to recommend to the City Council approval of the
proposed lot split. Motion carried on a 4 -ayes, 0 -nays, 3- absent (Kirchoff, Greenwald,
Walton) vote.
Mr. Vrchota stated that this item would be before the Council at the November 21, 2006
City Council meeting.
0
PUBLIC HEARING: LOT SPLIT (06 -08) TO CREATE TWO LOTS FROM LOT 24,
BLOCK 1, PARKSIDEAT ANDOVER STATION.
Mr. Vrchota explained the Andover EDA, which owns the lot, is requesting the lot split.
The lot split would allow the EDA to move forward with the sale of both parcels. Parcel
A will be sold to Tracy Sonterre for a Creative Kids Day Care. Parcel B will be sold to
Nassau Builders for an office building development.
Mr. Vrchota discussed the staff report with the Commission.
Motion by Casey, seconded by Holthus, to open the public hearing at 7:09 p.m. Motion
carried on a 4 -ayes, 0 -nays, 3- absent (Kirchoff, Greenwald, Walton) vote.
There was no public input.
Motion by Casey, seconded by Holthus, to close the public hearing at 7:10 p.m. Motion
carried on a 4 -ayes, 0 -nays, 3- absent (Kirchof� Greenwald, Walton) vote.
Motion by Casey, seconded by Holthus, to recommend to the City Council approval of
the proposed lot split. Motion carved on a 4 -ayes, 0 -nays, 3- absent (Kirchoff,
Greenwald, Walton) vote. 0
f
Regular Andover Planning and Zoning Commission Meeting
Minutes — November 14, 2005
Page 3
• Mr. Vrchota stated that this item would be before the Council at the November 21, 2006
City Council meeting.
OTHER BUSINESS
Mr. Vrchota updated the Planning Commission on related items.
Mr. Vrchota mentioned that there are two Planning Commission terms up at the end of
this year. He indicated that if anyone was interested in serving on the Planning
Commission they would need to fill out an application and turn it in at City Hall. He
noted the deadline is 4.30 p.m. on December 8, 2006.
ADJOURNMENT.
Motion by Casey, seconded by Holthus, to adjourn the meeting at 7:12 p.m. Motion
carried on a 4 -ayes, 0 -nays, 3- absent (Kirchoff, Greenwald, Walton) vote.
Respectfully Submitted,
0
Sue Osbeck, Recording Secretary
TimeSaver Off Site Secretarial, Inc.
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4 C I T Y OF
DOVE
N
1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100
FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US
TO: Planning and Zoning Commissioners
FROM: Courtney Bednarz, City Planne `k
SUBJECT: PUBLIC HEARING: Sketch Plan to consider office development at the
southwest corner of Round Lake Boulevard and 157 Avenue NW.
DATE: November 28, 2006
INTRODUCTION
The applicant is seeking direction from the Planning Commission and Council on their idea to
construct a rural office development. The attached sketch plan and photographs conceptually
illustrates the type of office development that is proposed. The applicant will describe the
proposal and be available to answer questions at the meeting.
DISCUSSION
• Required Approvals
The project would require an amendment to the Comprehensive Plan and a rezoning to change
these designations from residential to commercial. To allow the proposal to move forward, the
Limited Commercial Land Use Designation and Limited Business Zoning District would need to
be recommended to limit the potential future uses of the property to the least intrusive
commercial uses. It should be noted that a rezoning from residential to commercial will require
a super majority vote from the Council (4 of 5 votes).
Sewer and Water
Municipal sewer and water are not available. The site would need to be serviced by a well and
septic system. There is potential for the site to be served by sewer and water in the future as the
Rural Reserve develops, if the Council elects to design utilities to serve this area.
Access
Both 157 Avenue and Round Lake Boulevard are county roads. A signal presently exists at this
intersection. The Anoka County Highway Department will determine where access to the site
will be permitted. This may cause the access points shown on the sketch plan to change.
Long Range Planning
The property is across Round Lake Boulevard from the Rural Reserve. When this area develops,
Veterans Memorial Boulevard is planned to connect with the intersection at 157 Avenue and
Round Lake Boulevard. Although land uses have not been assigned within the Rural Reserve,
the east side of this intersection was one of the locations discussed as having potential for
0 commercial or school uses in the future.
Staff Recommendation •
Staff does not recommend support of the sketch plan. There are existing and undeveloped
commercial areas available for development that are served by municipal utilities. Staff has
shown the applicant where existing commercial areas are located and described the concern the
city has about creating competition away from these areas and bringing this use into a rural
residential area. The applicant has indicated that their concept is different than a typical office
development and wishes to present their vision to the Planning Commission and Council.
ACTION REQUESTED
The Planning Commission is asked to provide feedback to the applicant and specifically to
communicate if there is any potential for approval of land use and zoning changes to
accommodate the proposal.
Attachments
Location Map
Sketch Plan
Photographs
Respectfully submitted,
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Co ey Bednarz
Cc: Steve Hage Hage - Wangensteen Corporation 821 Marquette Avenue Mpls, MN 55402
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C I T Y O F
NDOVE
1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304
MAIN (763) 755 -5100 FAX (763) 755 -8923 • WWW.CLANDOVER.MN.US
TO: Planning and Zoning Commissioners
FROM: Andy Cross, Associate PlannerAPc
CC: Courtney Bednarz, City Planne*
SUBJECT: PUBLIC HEARING Conditional Use Permit (06 -10) to allow a church in a residential
zoning district at 475 Andover Boulevard NW.
DATE: November 28, 2006
INTRODUCTION
Sambulsa of Minnesota, Inc. has applied for a Conditional Use Permit to operate a Buddhist temple on a
residential property at the northeast corner of the intersection of Andover Boulevard and Prairie Road NW.
Churches are conditional uses in residential zoning districts. The Planning Commission is asked to determine
whether this use is appropriate and/or needs to be modified to prevent adverse impacts on surrounding
. properties.
DISCUSSION
Sambulsa of Minnesota is a Korean Buddhist Temple located in Brooklyn Park. They would like to buy a 4-
acre property with an existing house and construct a 2,500 square -foot addition. The new addition will house
a 2,000 square -foot prayer room and about 500 square feet of space for a kitchenette, restroom, and storage.
Chapter 12 -14 -6 of City Code lists the following "Criteria For Granting Conditional Use Permits:"
In granting a Conditional Use Permit, the City Council shall consider the advice and recommendation
of the Planning and Zoning Commission and:
a. The effect of the proposed use upon the health, safety, morals and general welfare of
occupants of surrounding lands.
b. Existing and anticipated traffic conditions, including parking facilities on adjacent streets and
land.
c. The effect on values of property and scenic views in the surrounding area, and the effect of the
proposed use on the Comprehensive Plan.
The Planning Commission will need to review the attached plans and judge whether there would be a
significant negative impact from the size of the church on the surrounding areas as detailed above. Keep in
mind that the proposed church must meet all local building and zoning codes and complete a commercial site
plan review process.
• Chapter 12 -14 -2 of City Code identifies what is needed for Commercial Site Plan review and approval. It first
requires that "All non - residential development proposals shall complete the commercial site plan review
process before a building permit can be issued." This means that the Sambulsa Church will be required to
undergo a commercial site plan review for their church proposal. As a part of this, the church will be required
to meet all applicable requirements in the City Code, including: •
1) Approved parking facilities
a. Proper quantity of stalls for size of building
b. Proper parking lot surfacing
c. Based on the church size indicated by the applicants, there would be ample room on the
property to accommodate the required 10 parking stalls. The proposed site plan has parking
area that could hold roughly 20 stalls.
2) Landscaping, screening, and buffering requirements
3) Approved fire suppression for the building
a. Minnesota state rules require churches to meet strict sprinkler regulations
4) Traffic impacts onto Andover Boulevard will be analyzed. The City Engineer may require a Traffic
.Impact Study if he feels it is warranted. The recommendations of the study will become conditions of
the Conditional Use Permit.
Chapter 12 -14 -2 of Code continues by stating: "All development proposals that require additional approvals
such as a Conditional Use Permit, Variance or approval from another agency or organization shall obtain these
approvals prior to application for commercial site plan review." Given this requirement, the applicants have
submitted the proposal you see before you. Further details and in -depth site planning will take place at the
Commercial Site Plan review, if the Conditional Use Permit is approved.
Church Services •
The attached letter from the applicant references the size of the church's congregation. One weekly service is
held on Sunday from 11:00 AM to noon. While the church remains open at other times for Zen meditation
practice, the only formal service is on Sunday. The applicants will be available at the meeting to answer
questions about the church.
Staff Recommendation
Staff requests the Planning Commission review the proposed church size and plans and determine whether
there are any negative impacts on the surrounding area. If negative impacts can be mitigated, then the
Planning Commission should make a positive recommendation on this C.U.P. request to the City Council.
ACTION REQUESTED
The Planning Commission is asked to make a recommendation to the City Council regarding the Conditional
Use Permit request.
Respectfully submitted,
Andy Cross 4 Attachments
Resolution
Location Map
Cc: Sambulsa of Minnesota, Inc., 8301 West River Road, Brooklyn Park, MN Letter from Applicant
55444 Property Survey
Building Details
Site Plan
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
A RESOLUTION APPROVING THE CONDITIONAL USE PERMIT REQUEST OF
SAMBULSA OF MINNESOTA, INC. TO PERMIT A CHURCH IN A RESIDENTIAL
DISTRICT AT 475 ANDOVER BOULEVARD NW.
WHEREAS, Sambulsa of Minnesota, Inc. has applied to locate a church in a residential district;
and
WHEREAS, Chapter 12 -12 of the Andover City Code "Permitted, Conditional, and Prohibited
Uses" lists Church as a Conditional Use in residential zoning districts; and
WHEREAS, the Planning and Zoning Commission finds the request would not have a
detrimental effect upon the health, safety, morals, and general welfare of the City of Andover;
and
WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of
the Conditional Use Permit as requested.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby
• agrees with the recommendation of the Planning and Zoning Commission and approves the
Conditional Use Permit to permit a church on said property, subject to the following conditions:
1) The addition to the exiting house at 475 Andover Boulevard must be constructed to
the specifications on the documents dated November 7, 2006.
2) All changes, modifications, and improvements at 475 Andover Boulevard proposed to
be made as part of this application shall be subject to review and approval through the
Commercial Site Plan process.
3) No church services may take place at 475 Andover Boulevard before all site and
building improvements identified in the Commercial Site Plan review process have
been completed.
4) The proposed church must conform to all local and state building and zoning codes.
5) If the City Engineer requires a Traffic Impact Study, all study recommendations will
become conditions of this Conditional Use Permit.
Adopted by the City Council of the City of Andover on this _day of , 2006.
CITY OF ANDOVER
ATTEST:
Michael R. Gamache, Mayor
• Victoria Volk, City Clerk
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City of Andover
1685 Crosstown Boulevard N.W.
Andover, MN 55304
November 7, 2006
Dear Planning and Zoning Commission;
Our request for a conditional use permit is based on the need of SamBulSa of
Minnesota, Inc. to acquire a larger property for its Buddhist Temple.
First, about SamBulSa; It is the only Korean Buddism Church in Minnesota. Formed
in 1989, it purchased a small home the next year to serve as its church. As the
congregation grew, we realized that our quarters, especially the prayer room were too
small. Therefore, for several years we have searched for a new property to house our
church.
The Andover property (475 Andover Boulevard NW) would be an ideal location
provided we could expand the existing building to include a prayer room and lunch room.
The existing building would be used as a parsonage by our priestess. We have a very
small congregation. Only 15 to 20 families attend services on an average Sunday.
Therefore, we will not cause a traffic or noise problem for our neighbors.
Buddhism is an old established formal religion going back over 3,000 years. It is not
a cult. The religion is very peaceful, teaching tolerance, and extremely high standard of
moral values. Part of our activities includes Zen Practice (or Meditation), which gives a
chance to think about what the real life means and how to improve our life without
suffering. This successful program is open to public and free of charge. We are
welcoming to every one to use our facility for Zen. We are sure that this practice will
provide healthy life and community.
We feel that our Buddhist Temple, once established in Andover, will be a credit to
your community for many years to come. You can expect from us full cooperation in all
respects with your city. Thank you.
Sincerely,
Keum Ja Kim
Authorized Representative,
Sambulsa of Minnesota, Inc.
8301 West River Road
IS Brooklyn Park, MN 55444
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Address 1 475 Andover Boulevard
Applicant: Sambulsa of Minnesota, Inc.
S 8301 West River Rd
Brooklyn Park, MN 55444
•
C I T Y O F
NDOVE
1665 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100
FAX (763) 755 -8923 • WWW.CI.AN DOVER. MN. US
TO: Planning and Zoning Commissioners
FROM: Andy Cross, Associate Planner 10
SUBJECT: PUBLIC HEARING: City Code Amendment to revise Section 12-14 -
6-A-5 of the City Code regarding Conditional Uses.
DATE: November 28, 2006
INTRODUCTION
Based on direction from the City Council, the Planning Commission is asked to discuss
the deletion of Code Section 12- 14- 6 -A -5, which allows certain Conditional Uses to be
located in zoning districts where they are otherwise prohibited.
DISCUSSION
Discussion at the October 17, 2006 City Council Meeting precipitated this item. Valley
Pools and Spas applied for a Conditional Use Permit to allow Outdoor Display and Sales
at their location on Bunker Lake Boulevard. That land use was prohibited in the NB
Neighborhood Business zoning district, so they applied under section 12- 14- 6 -A -5, which
read as follows:
"Certain uses, while generally not suitable in a particular zoning district, may,
under some circumstances, be suitable. When such circumstances exist, a
Conditional Use Permit may be granted. Conditions may be applied to
issuance of the permit, and a periodic review of the permit may be required.
The permit shall be granted for that particular use and not for a particular
person or firm."
At the Council meeting, the City Attorney recommended this section of code be deleted.
He felt it requires the Council to make arbitrary decisions based on differing applications
that may be difficult to defend if challenged. In the future, if an applicant wishes to
locate a Conditional Use in a zoning district where it is prohibited, then they may pursue
a Code Amendment to change the City Code to allow the use permanently, or apply for a
rezoning of their property to a district where the use would be permitted.
ACTION REQUESTED
The Planning Commission is asked to discuss the merits of the proposed amendment and
make a recommendation to the City Council no whether this section should be deleted.
Respectfully submitted, Attachments
�, Resolution
• Andy Cross 7a4 City Code 12 -14 -6 "Conditional Uses"
City Council Minutes — October 17, 2006
CITY OF ANDOVER •
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO.
AN ORDINANCE AMENDING CITY CODE TITLE 12 -14 -6 "CONDITIONAL USES"
TO DELETE SECTION A -5
12 -14 -6: CONDITIONAL USES:
A. General Provisions:
1. Conditional Use Permits may be granted or denied in any district by
action of the City Council.
2. The Community Development Director shall maintain a record of all
Conditional Use Permits issued including information on the use,
locations, conditions imposed by the City Council, time limits, review
dates, and such other information as may be appropriate. A copy of the
Conditional Use Permit shall also be filed with the Building Official.
(Amended Ord. 8, 10 -21 -1970; amd. 2003 Code)
3. Any change involving structural alteration, enlargement, intensification
of use, or similar change not specifically permitted by the Conditional Use
Permit shall require an amended Conditional Use Permit, and all
procedures shall apply as if a new permit were being issued.
4. All uses existing at the time of adoption of this title (October 21, 1970)
shall be considered as having a Conditional Use Permit which contains
conditions which permit any land use and structures as they existed on
said date, and any enlargements, structural alterations, or intensification of
use shall be required to amend their Conditional Use Permit through the
process provided in this section. (Amended Ord. 314 10 -4 -2005)
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THE CITY COUNCIL OF THE CITY OF ANDOVER DOES HEREBY ORDAIN AS
FOLLOWS:
Adopted by the City Council of the City of Andover this _ day of , 2006.
CITY OF ANDOVER
Attest:
Victoria Volk — City Clerk
0
Michael R. Gamache — Mayor
•
uses and neighborhoods. 0
2. Execution: Execution of a zoning contract recorded with the property
shall be compulsory for all rezonings to multiple - family, commercial,
and /or industrial districts, including the following: (Amended Ord. 8, 10 -21-
1970)
M -1 multiple dwelling medium density district
M -2 multiple dwelling district
LB limited business district
NB neighborhood business district
GB general business district
SC shopping center district
I industrial district
(Amended Ord. 8,10-21-1970; amd. 2003 Code)
3. Standards: The following standards shall be included in the zoning
contract:
a. Agreement to lay out, develop and maintain the subject property
as presented in the accompanying preliminary plat or site plan.
b. Provision to allow the City Council to commence rezoning of the
property to the previous zoning district if the preliminary plat or site
plan is not adhered to. Said zoning change shall not be contested
by the property owner or signer of the zoning contract.
c. Additional standards may be included to protect the health,
safety, and general welfare of surrounding land uses.
4. Modifications: Any modification or revision to the zoning contract or
attached plans shall be prohibited without majority consent of the City
Council. Any substantial modification as determined by the City Council
shall be subject to a public hearing and notification of adjacent property
owners pursuant to the public hearing requirements of this title.
(Amended Ord. 8,10-21-1970)
12 -14 -6: CONDITIONAL USES:
A. General Provisions:
1. Conditional Use Permits may be granted or denied in any district by
action of the City Council.
2. The Community Development Director shall maintain a record of all
Conditional Use Permits issued including information on the use,
locations, conditions imposed by the City Council, time limits, review
dates, and such other information as may be appropriate. A copy of the
Conditional Use Permit shall also be filed with the Building Official.
(Amended Ord. 8,10-21-1970; amd. 2003 Code)
3. Any change involving structural alteration, enlargement, intensification
of use, or similar change not specifically permitted by the Conditional Use
Permit shall require an amended Conditional Use Permit, and all
procedures shall apply as if a new permit were being issued.
4. All uses existing at the time of adoption of this title (October 21, 1970)
shall be considered as having a Conditional Use Permit which contains
conditions which permit any land use and structures as they existed on
said date, and any enlargements, structural alterations, or intensification of
use shall be required to amend their Conditional Use Permit through the
process provided in this section. (Amended Ord. 314 10-4 -2005)
5. Certain uses, while generally not suitable in a particular zoning district,
may, under some circumstances, be suitable. When such circumstances
exist, a Conditional Use Permit may be granted. Conditions may be
applied to issuance of the permit, and a periodic review of the permit may
be required. The permit shall be granted for that particular use and not for
a particular person or firm. The cancellation of a Conditional Use Permit
shall be considered administratively equivalent to a rezoning, and the
same requirements and procedures shall apply.
B. Criteria For Granting Conditional Use Permits:
1. In granting a Conditional Use Permit, the City Council shall consider the
advice and recommendation of the Planning and Zoning Commission and:
a. The effect of the proposed use upon the health, safety, morals
and general welfare of occupants of surrounding lands.
b. Existing and anticipated traffic conditions, including parking
facilities on adjacent streets and land.
c. The effect on values of property and scenic views in the
surrounding area, and the effect of the proposed use on the
Comprehensive Plan.
2. If it shall determine by resolution that the proposed use will not be
detrimental to the health, safety, morals, or general welfare of the
community, nor will cause serious traffic congestion or hazards, nor will
seriously depreciate surrounding property values, and that said use is in
harmony with the general purpose and intent of this title and the
Comprehensive Plan, the City Council may grant such permits.
(Amended Ord. 8,10-21-1970)
C. Procedure:
1. Request For Conditional Use; Fee: The person applying for a
Conditional Use Permit shall fill out and submit to the Community
Development Director a request for Conditional Use Permit form together
with a fee as set forth by ordinance. An additional fee as set forth by
ordinance may be required for each meeting in excess of two (2), which is
necessary because of incomplete information or changes in the petition.
The Community Development Director shall refer the application to the
Planning and Zoning Commission. (Amended Ord. 8,10-21-1970; amd.
2003 Code)
2. A public hearing shall be held in accordance with section 12 -14 -8.
(Amended Ord. 314 10-4 -2005)
3. City Council Action: After a completed application has been submitted,
the City Council shall follow the deadline for response as outlined in State
Statute 15.99. (Amended Ord. 314, 10-4 -2005)
4. Amended Application: An Amended Conditional Use Permit application
shall be administered in a manner similar to that required for a new •
conditional use permit; and the fee shall be as set forth by ordinance.
Amended conditional use permits shall include reapplications for permits
that have been denied, requests for changes in conditions, and as
otherwise described in this title. (Amended Ord. 8, 10 -21 -1970; amd. 2003
Code)
5. Reapplication After Denial: No application for a Conditional Use Permit
shall be resubmitted for a period of one year from the date of said order of
denial.
6. Hearing May Be Held: When a Conditional Use Permit may be of
general interest to the community or to more than the adjoining owners,
the Planning and Zoning Commission may hold a public hearing, and the
Conditional Use Permit shall be reviewed with notice of said hearing
published at least ten (10) days prior to the hearing.
D. Time Limit On Implementing Conditional Use: If the City Council
determines that no significant progress has been made in the first twelve
(12) months after the approval of the Conditional Use Permit, the permit
will be null and void. (Amended Ord. 8,10-21-1970)
' See subsection 1 -7 -31-1 of this code.
• Regular Andover City C until Meeting
Minutes — October 17, 2 06 Page 8
lot. This is the best f for the neighborhood
property owners s unding this home. He t
he thought the hardship is they will relieve the
ht this was the most logical way to do this.
Councilmember,Yrude stated she discussed s with the City Attorney and if they table this they may
be able to look some of the hardship opti s. Her recommendation would be to table this to look at
the hardships d if that does not work to 1 ok at another method such as an ordinance to allow this
to work.
Counci ember Knight stated he would thdraw his second. Mayor Gamache asked for a second
on the otion. Hearing no motion the mo 'on was dropped.
Motio by Trade, seconded by Knight, to table this item to Novem ber 21, or further research
on tw options; potential hardships related to characteristics in the neighborhoo d if there is an
ordin e approach that fits better.
The applicant a extension of time on this item.
Motion carried 3 ayes, 1 nay (JaaVbson).
CONSIDER LOT SPLIT /I3533 AY STREET NW
Community Development Di ctor Neumeister explained the pa/reing ed by Kottke's Bus
Service. They intend to spl' the lot and sell the west half, while e east half for their
continued business use.
Councilmember Jacob n asked what the purchaser of the new p doing with it. Mr.
Chuck Peterson, Ko e's Bus Service, stated the idea of splitting t they want to create
two lots. One they 11 use for their own business and the other will be for sale or lease, industrial
type.
Motion by Jacobson, Seconded by Knight, to approve the proposed lot split. Motion carried
unanimously. (RES. R123 -06)
CONSIDER CONDITIONAL USE PERMIT/VALLEY POOLS AND SPAS 13426 BUNKER
LAKE BOULEVARD
Community Development Director Neumeister stated John Roettger, manager at Valley Pools &
Spas, has applied for a Conditional Use Permit to set up an outdoor display on the west side of the
• their building.
Councilmember Jacobson asked if the applicant is leasing the building or owns the building. The
applicant commented that they are leasing the building.
Regular Andover City Council Meeting
Minutes — October 17, 2006 Page 9
Councilmember Trude asked if the applicant can answer questions left from the Planning
Commission meeting. The applicant stated there were two major points brought up, the issue of
safety and if the gate would be locked from the inside. He stated right now they have in the plans to
leave it so they can open it from the inside and it would be locked from the outside at all times. They
can easily after hours put a chain around so it will be chain locked as well.
Councilmember Jacobson asked what height the fence would be. The applicant indicated the City
requires a four foot restriction around pools and they will do six feet.
Councilmember Trude stated they have already had vandalism and kids drinking behind the building
and stuff starting on fire. She wondered why they would want to put those types of valuable things
outside if this is the type of neighborhood it is. The applicant stated they have a couple of issues.
One is with having the product with water inside the building. Having two big pools with water
inside poses a number of issues. They have already had issues with liners leaking and plumbing
leaking and their floors are damaged. Their first concern is to get those products out of the retail
space, outside where they actually belong. The second issue is to deal with the neighborhood.
Because the area is not really lit or maintained they have those issues. If they could clean that up, the
problems will hopefully go away.
•
Councilmember Trude stated she would rather see them buy retail space and do the display indoors.
She indicated she is concerned with the comments the Planning Commission had and she did not
think they could address them unless they had a roof on it and they build a building.
The applicant indicated there are three other companies that have outdoor displays. He stated of their
three other stores, they will have three outdoor displays and to his knowledge there has never been an
issue or incident with accidents or trespassing or injuries.
Councilmember Knight thought his would be an attractive nuisance that would be a possible
nightmare. Mayor Gamache asked what the difference would be between this and a resident with an
outdoor pool. Councilmember Trude indicated there is a dance studio and park down the road and it
is in a business area. Councilmember Jacobson indicated the ordinance does not allow outdoor
displays.
Mayor Gamache asked what they did for Ace Hardware for their outdoor display. Mr. Neumeister
explained Ace Hardware has a seasonal display of merchandise and was done as part of an approval
for some type of a special permit on that building when it was constructed.
Mayor Gamache asked if they were going to have these displayed in the winter. The applicant
indicated they will need to keep them up and winterized with less water in them. He noted that if a
person could jump a four foot fence they would be able to stand in the pool and be above water to get
out. The City is concerned with toddlers falling in.
Councilmember Trude wondered about the dance studio and the kids coming and going there. She
thought the children can get in there if they wander over. The applicant stated the outdoor area will
always remain closed and locked and the only access would be with a sales associate. He stated no
• Regular Andover City Council Meeting
Minutes – October 17, 2006 Page 10
one is allowed to remain in the display area without a sales associate present.
Councilmember Jacobson stated right now they are talking about pools and the ordinance says they
cannot have outdoor displays. If this were granted, he thought other businesses would want to have
outdoor displays also. He was looking at a precedent. He thought this was more of a hazard to the
kids, especially in the summer months. He did not see how they could allow this when the ordinance
says it is not allowed.
The applicant indicated staff told him there is an exception to the ordinance with a variance.
Councilmember Jacobson stated he understood that but to him that exception would need to be a
very overpowering one to overrule what the ordinance says.
Mr. Neumeister stated City Code indicates outdoor display is allowed in GB and I Zoning District as
a conditional use. Councilmember Trude asked if this is Neighborhood Business. Mr. Neumeister
indicated it is. He stated there is a section that allows outdoor display only during operating hours in
the Neighborhood Business District.
Councilmember Tru u t staff may have misled the a licant and should refund his fee and say
it is not ernutted City Attorney Hawkins stated this is clearly prohibited and they do have a
—1 catchall section on the front page of the report but he was not real fond of that language and he did
not recall them ever using that to allow a conditional use in a zone that is prohibited.
Motion by Jacobson, Seconded by Trude, to deny the proposed Conditional Use Permit because the
use is prohibited and the application fee should be refunded.
Mayor Gamache stated based on what is in section 12- 14 -6a5 no one really misled anyone because it
is in their ordinance. It says they can have a conditional use permit if they want to. Councilmember
Trude stated staff noted it was only allowed in General Business and Industrial Zones that it was
allowed. Mr. Neumeister stated that is the way it reads in the code book but the paragraph the Mayor
referred to sort of negates all that. It gives them an out to allow an applicant to come before the City
Council and they can decide if they want outdoor displays only in two zones or throughout all the
business districts.
Motion carried 3 ayes, 1 nay (Gamache). (RES. R124 -06)
Councilmember Knight suggested they clean up the paragraph the City Attorney mentioned. _.
CM ONDITIONAL USE PERMIT /VETERINARYCLIIVIC /1574154AVENU
• Community Development Director a stated is seeking approval of a
conditional use permit for veterinary clinic a Shopping Center Zoning District.
nt W 44
F7
Motion by Jacobson ed by Trude, to approve the proposed co permit with
adding point . o animals shall be kept overnight except for surgery or other me ditions