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HomeMy WebLinkAbout1998-04-07 Packet PLANNING AND ZONING MEETING AGENDA TUESDAY, APRIL 7, 1998 7:00 P.M. I. OPENING A. Roll Call II. PUBLIC HEARING (5) M. CONSIDERATION OF MINUTES A. March 12, 1998 Planning and Zoning Minutes IV. ACTION ITEMS V. APPEARANCES A. Rich DeFoe - Construction Concept VI. DISCUSSION ITEMS A. Special Use Permit for 1724 Main Street B. Update on Council Action - Performance Automotive Special Use Permit - Schlavin Variance - Tobacco Ordinance #66 C. May Agenda Items VII. ADJOURNMENT 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 Linda Broussard- Vickers John Buckbee ABSENT: None 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 ;unction. Mr. Buckbee demonstrated the petitioner, as a home owner, can convert the garage into another function. However, the petitioner, 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. 1 For the record, Mr. March quoted ordinance 32.01 HOME e occupation may OCCUPATIONS. A hom o p be conducted only in accordance with the following requirements: 32.01 -1 SUBORDINATE USE. he - of he •r.•- t o h- h• - •c .•. '.n al_ b- 1-.r i i•- .1 .n• u.•r•'n. e • ;ts residential use 32.01 -2 • OY_ S Th- he e •cc •. i• .1 b- -rri-. .n b . - •- ._ t - f.m'1 r- '•i e • t • o•- t wi o m. - than one employee wha is not part of the family. 32.01 -3 OUTSIDE APPEARANCE. on •f _ e hom- •c •a 'o all - 1 ' n fo -n.e h- • _ .- .•. . .n - • h - bui ding or land or other visible evidence of the conduct of the o - • •. i•n E. e '•r .i .1. o i• • h- h.n o - •-r i e• n•-r - •rdinan - 32.01 -3 SALES P No sale of any goods or materials o •r.d -d .n he •remi e h. 1 •e m..e i onn -c ion w'th the hom o upa ion 32.01 -5 TRAFFIC. N• r._fi h.11 .- •- -r. -. • hole o •. 1.0 i •r -a - v. 1- .n n. •- - x. - -. in a - 'd- ti. n -'• ..rh.•. -n. .n n - -. or •. ki • .-n -_. -. • 4- •n.. of h .m- o _ .. i. h. 1 .- u off h- t - -t . • • -r th.n i • ref ie• r. .r. 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 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 to 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 2 • public hearing. Motion carried unanimously. 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 wil n ot be h a zar dous or disturbing to neighboring uses will not result in traffic congestion and will not create xessive addi e c tional public expen 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 the another sup is required for the construction of a 3000 sqare feet 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. 3 Mr. March referred to and quoted ordinance 64.01. (SPECIAL USE PERMITS) PROCEDURE. "...the Planning Commission may hold such 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 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. Broussard - Vickers 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 emotional 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 4 should be tabled to provide time to ponder the issue. Ms. Broussard- Vickers moved and it was seconded to table the variance request. Motion carried unanimously. 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. Pr•posed 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 the Council 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, LaMotte abstained. Motion carried. 5 Proposed Tobacco Ordinance #66 Ms. Broussard - Vickers moved and it was seconded to forward 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 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 Feb y 3 1998 P1 -nnin. an. onin. M -etin. Min t -s 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. Ro.-r K. t - -d - - ezone an. C1 -a wa R.,d V- a i.n R-. -- 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 to 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. 6 Respectfully Submitted, Ry -Chel Gaustad, CMC City Clerk 7 MEMO DATE : April 3, 1998 TO Centerville Planning Commission FROM : Jim March RE Appearance by Rich Defoe Mr. Rich Defoe will be present to discuss his concept for developing the property he owns along Main Street. This property is the location of the Waterworks, ballfield and adjacent parking lot. Mr. Defoe has contracted RDD Land Surveying to present a concept sketch of his proposed idea. This area has been reserved for high density in the Centerville Comprehensive Plan. MEMO DATE : April 3, 1998 TO Centerville Planning Commission FROM : Jim March RE Exact Precision Sheet Metal Co. The owners of Exact Precision Sheet Metal Company will be present at the April Planning Commission meeting. The company is comprised of two employees that will be manufacturing sheet metal products on a part -time basis. The business is proposed to be operated out of the old Noble Welding building. The owners have applied for a special use permit. The owners will be present to discuss their proposed business. There was not enough time to publish a public hearing for their special use permit. As stated in Ordinance #4, the Planning Commission and /or City Council can hold whatever public hearings are deemed advisable for the issuance of a special use permit. If the Planning Commission feels that a public hearing would not be necessary for the operation of this business, then the City Council could act upon a special use permit request at their next meeting. I have informed the owners that if either the City Council or Planning Commission feels that a public hearing is justified, then their special use permit would not be acted upon until May. The owners understand this and are willing to comply with what ever requirements are deemed necessary. CITY OF CENTERVILLE COUNTY OF ANOKA STATE OF MINNESOTA SPECIAL USE PERMIT REQUEST FEE: — 7 S. cx) 1 Cs--� PAID: NAME 7/Lice / d /� COMPANY _ad P- . I C_.g -- ADDRESS / 12 J / L /66" 6 ! S3"3 I (o PHONE NUMBER 96S- U 4 /0 c 1 r 77 3 -S cr � - 4Lq • - 1 S PIN #JJ G d- z r Secs DATE: 4/ // 3 /58 SPECIAL IJSE PEO T 1 . 0 —{ /) z q f " '`- PLANNING AND ZONING ACTION: CITY COUNCIL ACTION: Owner of property �f Address MEMORANDUM DATE: April 2, 1998 TO: Chair Kathy Welk and Planning Commission Members FROM: Ry -Chel Gaustad RE: Performance Automotive Special Use Permits Update During the March 25, City Council meeting the City council moved to approve the special use permit for Performance Automotive to operate business in their current location. In addition, the council moved to allow Ken Strantz to pursue a wood frame building. MEMORANDUM DATE: April 2, 1998 TO: Chair Kathy Welk and Planning Commission Members FROM: Ry -Chel Gaustad RE: Schlavin Variance Update During the March 25, City Council meeting City Attorney Greg Hellings deemed the need to request a variance was unjustified because the applicant does not operate a home based business. The City Council then acted to deny the Schlavin variance request based on legal councils' comments. MEMORANDUM DATE: April 2, 1998 TO: Chair Kathy Welk and Planning Commission Members FROM: Ry -Chel Gaustad RE: Tobacco Ordinance #66 This item was addressed by the Council on March 25. However, currently the Legislature is in deliberation as to the State's tobacco law language and local control. Therefore, the State may elect to change the current State tobacco laws thus, causing sections of the proposed tobacco ordinance to be invalid. In light of the above mentioned, the City Council tabled the tobacco ordinance, pending legislative action. The Legislative session is scheduled to close on April 8, but by State Statute no later than May 18. The next following City Council meeting is scheduled for May 27, 1998. Staff will keep the Planning Commission posted on new developments and the time frame.