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HomeMy WebLinkAbout1998-03-12 P & Z .,. . CITY OF CENTERVILLE PLANNING AND ZONING COMMISSION MARCH 12, 1998 Pursuant to due call and notice thereof, the Planning and Zoning Commission of the City of Centerville held their meeting and three public hearings on March 12, 1998 at City Hall, 1880 Main street. PRESENT: Chair Kathy Welk Tina Vermeulen Al LaMotte John Buckbee ABSENT: Linda Broussard -Vickers STAFF: Jim March Ry-Chel Gaustad CALL TO ORDER Chair Kathy Welk called the meeting to order at 7:12 p.m. PUBLIC HEARING (S) A VARIANCE - PUBLIC HEARING Dr. Tom Schlavin (1862 Main Street) was in attendance to request a variance to remove the above-mentioned residence garage door and replace it with a wall, windows and entrance door to access his chiropractic, home based business offices. Chair Welk reminded the board, a recommendation suggesting approval of the stated variance may set precedence. Mr. Buckbee suggested, for consideration, the due process needed for a home owner to convert a garage into living/storage quarters. Mr. March indicated the ordinance does not restrict an existing home owner from converting a garage into another function. Mr. Buckbee demonstrated the petitioner, as a home owner, can convert the garage into another function. However, the ~etitioner, as a home based business owner, cannot convert the garage into another function. Mr. Buckbee drew a conclusion. A home owner is permitted to turn a garage facility into another use without approaching the Commission for a variance, but a home based business owner needs a variance. For the record, Mr. March quoted ordinance 3,2.01 HOME OCCUPATIONS. A home occupation may be conducted only in accordance with the following requirements: ".j 1 32.01-1 SUBORDINATE USE. The use of the property for the home occ~ation shall be clearly incidental and subordinate to its residential use. 32.01-2 EMPLOYEES. The home occ~ation shall be carried on by a member of the family residing on the property with not more than one employee who is not part of the family. 32.01-3 OUTSIDE APPEARANCE. Conduct of the home occupation shall result in no change in the outside appearance of the building or land, or other visible evidence of the conduct of the home occ~ation. Exterior displays or signs other than those permitted under the ordinance. 32.01-3 SALES PROHIBITED. No sale of any goods or materials not produced on the premisses shall be made in connection with the home occu~ation. 32.01-5 TRAFFIC. No traffic shall be generated by such home occu~ation in greater volume than normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occu~ation shall be met off the street and other than in a required front yard. Dr. Schlavin felt the ~U" shaped drive way would lend to the business by reducing traffic congestion. Mr. March commented the location in question does not reflect a normal residential district. Mr. March added, city Hall/Fire Department is located next door to the property and a fleet of security cars are directly across County Road 14. Mr. March added, the facility is on an unusually large lot. Ms. Broussard-Vickers arrived at 7:45 p.m. Ms. Broussard-Vickers stated based on ordinance 32.01-3 OUTSIDE APPEARANCE - the outside structure would be altered exclusively for the purpose of a home business, which is prohibited. In her opinion, the Commissions responsibility is t9 enforce the present ordinances. Therefore, Ms. Broussard-Vickers does not favor approving the variance request. Mr. Buckbee disagreed with government dictating what a property owner can and cannot do with a garage. Mr. Buckbee moved and it was seconded to close the variance public hearing. Motion carried unanimously. 2 ~ . A SPECIAL USE PERMIT - PUBLIC HEARING Chair Welk reiterated the purpose of the public hearing was to consider making recommendation to the City Council allowing Performance Automotive to operate business in a commercial district. Chair Welk explained the business has been established in the stated location for several years without a special use permit (sup). However, in order to continue business a sup must be obtained. Mr. March indicated the sup is required to comply with the understated section from ordinance 64.02 (SPECIAL USE PERMIT) STANDARDS. ~. . . will be harmonious and appropriate in the area. will not be hazardous or disturbing to neighboring uses. will not result in traffic congestion. and will not create excessive additional public expense." Mr. March added, the sup request is to comply with the City's comprehensive plan. The Commission discussed the application and its consensus was to make recommendation to the City Council for approval to allow Performance Automotive to operate business in a commercial district. Mr. Ken Strantz (7139 20th Avenue) briefed the Commission on a building proposal, and noted he presented the proposal at the last meeting. The Commission noted Mr. Strantz accuracy in that the building proposal was presented at a prior meeting. Mr. Strantz requested the Commission comment on the submitted building proposal. In contrast, Chair Welk noted the building proposal was not scheduled for a public hearing. However, after the public hearing is closed, the Commission can discuss the building proposal. Mr. Strantz stressed concern that the building proposal may be denied when the public hearing is closed, then questioned why both sups cannot be granted. Mr. March commented two sups are required; one to continue operating business in the current location and another sup is required for the construction of a 3000 squafe foot building. Therefore, the current building sup is separate from the proposed building location sup. Mr. March added, the property owner will need to submit a sup request for the building construction. Mr. strantz understood only one public hearing was required for the Planning Commission to consider both sups. Chair Welk requested Mr. March clarify the Commissions guidelines. Mr. March referred to and quoted ordinance 64.01. (SPECIAL USE PERMITS) PROCEDURE. ~...the Planning Commission may hold such 3 hearings on the proposal to issue a special use permit as it considers necessary and it shall thereafter make such recommendations on the proposal to the Council as it deems advisable." Mr. Strantz added, at the last Council meeting the city amended an ordinance to stop all building construction. Mr. March reported the City Council is working to amend ordinance #44-A BUILDING DESIGN. Mr. March added, the proposed new ordinance language has been submitted to the Commission. Ms. Broussard-Vickers moved and it was seconded to close the special use permit public hearing. Motion carried unanimously. TOBACCO ORDINANCE *66 - PUBLIC HEARING Ms. Gaustad stated the final ordinance draft copy has been submitted for the Planning Commissions consideration. Ms. Gaustad reported the legal council recommended, Tobacco Ordinance 66.13 Penalties, Subd. 3. Minors., be stricken from the ordinance, due to potential legalities. Ms. Gaustad added, Anoka County Juvenile Attorney, Mr. Rob Scott indicated juvenile names are protected from the public process. Therefore, this section makes it impossible for the City to comply with public hearings requirements without violating the juveniles anonymity rights. In addition, the ordinance numbering will need to be in sequential order. Ms. Vermeulen moved and it was seconded to close the tobacco ordinance public hearing. Motion carried unanimously. ACTION ITEMS: Proposed Variance - Tom Schlavin Ms. Broussard-Vickers implied the Commission should not grant more than two variances per year or the ordinances should be adjusted. Furthermore, the Planning Commissions job is to enforce what the ordinance states; the Planning Commissions job is not to make recommendations based on emot~onal reasoning. Also, the Commission should convey strict enforcement within the spirit of the ordinance, identify undue hardship, and ensure the situation is unique to the property, not induced by the property owners. Ms. Broussard-Vickers concluded the variance request should be tabled to provide time to ponder the issue. Ms. Broussard-Vickers moved and it was seconped to table the variance request. Motion carried unanimously. 4 .. Chair Welk suggested Staff consult with the legal council on converting a garage into an office or another purpose, and if a garage is required of existing homes. Mr. Buckbee and Ms. Broussard-Vickers agreed to develop a.list of "What if questions" for legal council consideration. Pro~sed Special Use Permit - Performance Automotive Broussard-Vickers moved and it was seconded to recommend the City Council grant approval of the special use permit for Performance Automotive, as provided in the ordinance to conduct business at the current location. Motion carried unanimously. Chair Welk entertained seeking legal advice before proceeding. The Commission discussed ordinance 44-A and its current language. Mr. Buckbee felt the existing ordinance allows 2X6 construction. Chair Welk recalled the intent of the past ordinance amendment was to require masonry brick buildings in the Commercial and Industrial districts. Chair Welk expressed her concerns and suggested that the issue be tabled while Staff seeks legal councils' interpretation of the stated ordinance. Ms. Broussard- Vickers quoted the present ordinance and felt the Planning Commissions responsibility is to enforce the current ordinance. The Planning Commission anatomized ordinance 44-A in the past and present form. Accordingly, the Commission elected to forward the Council the following recommendations. Ms. Broussard-Vickers moved and it was seconded to recommend to the Council to approve construction made for this site, since it meets with the current ordinance. And, the Commission felt the Council has just cause to change ordinance 44-A; denying wood frame buildings in the Commercial and Industrial Districts. However, because the applicant had initial contact with the Planning and Zoning Commission, the above-mentioned recommendation is made (approve construction made for this site since it meets with the current ordinance). Furthermore, the Planning Commission has concern denying the application since the applicant made contact with the Planning Commission prior to the Council imposing ordinance 44-A amendment. Chair Welk aye,. Vermeulen aye, Broussard-Vickers aye, Buckbee aye, ~of~e abstained. Motion carried. . !.' -. Proposed Tobacco Ordinance #66 . Ms. Broussard-Vickers moved and it was seconded to for:Wa-rd" tobacco ordinance #66 to the City Council; Apply appropriate numbering and strike in its entirety, Tobacco Ordinance 66.13 Penalties. Subd. 3 Minors. (Minors found in unlawful possession 5 . of, or who unlawfully purchased or attempt to purchase tobacco, tobacco products, or tobacco related devices shall be charged an administrative fee set by city Council resolution and will be subjected to 20 hours of community service) CONSIDERATION OF MINUTES Februa~ 3, 1998 Planning and Zoning Meeting Minutes Mr. Buckbee moved and it was seconded to approve the February 3, 1998 Planning and Zoning meeting minutes. Chair Welk aye, Buckbee aye, Brossard-Vickers aye, Vermeulen - LaMotte abstained. Motion carried. Roger Kolstead - Rezone and Clearwater Road Vacation ~est Ms. Broussard-Vickers moved and it was seconded to take from the table the Roger Kolstead - R2 Single Family to B1 Commercial rezoning and Vacation of. Clearwater Road issue. Mr. Buckbee moved and it was seconded tQ recommend to the Council to deny the rezone and vacation of Clearwater Road request based on the evidence following: - The mixed zoning usage - Testimony about traffic congestion - Safety concerns and issues (Children walking to school) - spot Zoning - Availability of vacant Commercial/Industrial zoned property - Request is incompatible with current zoning ordinances Motion carried unanimously. Commission member Vermeulen left the meeting at 9:30 p.m. The Commission discussed a planning seminar attended by several members and the Commission members responsibilities and liability. Mr. Buckbee moved and it was seconded to adjourn the March 12, 1998 Planning and Zoning meeting at 9:40 p.m. Motion carried unanimously. ' Rir~t.fU~l~ R~ustad, CMC City Clerk 6