View Other Items in this Archive | View All Archives | Printable Version

ANDOVER CITY PLANNING COMMISSION /

BOARD OF ZONING APPEALS

April 20, 2004

Minutes

AS CORRECTED

The Andover City Planning Commission met for a regular meeting on Tuesday, April 20, 2004 at 909 N. Andover Road in the Andover Civic Center. Chairman Quentin Coon called the meeting to order at 7:00 p.m. Commission Members present were Clark Nelson, Jan Cox, Jeff Syrios, Ron Roberts, Lynn Heath, and David Martine. Others in attendance were Zoning Administrator Les Mangus, Administrative Secretary Deborah Carroll, and City Clerk/Administrator Jeff Bridges and City Council Liaison Keith Zinn. Commission Member Charlotte Bass was absent.

Call to Order

   

Review the minutes of the March 16, 2004 Planning Commission meeting.

Clark Nelson made a motion to approve the minutes as presented. David Martine seconded the motion. Jan Cox abstained from voting. Motion carried 5/0/1. Lynn Heath arrived at the meeting at 7:03.

Review the minutes of the March 16, 2004 Planning Commission meeting.

   

Communications:

Review the City Council minutes from the March 9, 2004 and March 30, 2004 meetings. The minutes were received and filed.

Les reported that FEMA has hired a subcontractor to re-study Butler County for a new Flood Insurance Rate Map.

Review the minutes of the April 6, 2004 Site Plan Review Committee Meeting. The minutes were received and filed.

Review the Potential Residential Development Lot Report.

Communications:

   

SU-2004-01 Public Hearing on application for special use approval to a Heating & Air Conditioning Office & Shop in the B-5 Highway Business District at 1105 W. Hwy. 54. Chairman Coon opened the Public Hearing at 7:10 and stated this public hearing has been advertised in the Andover Journal-Advocate and notices were mailed to the appropriate property owners. The Commission Members said they have received no ex-parte communications.

(Noted in the May meeting minutes, the owner, Cindy Ball said only 1 the east of the 2 lots is zoned multi-family residential, the other is single-family residential.)

Les Mangus said this is a simple request resulting from the revisions of the B-5 Highway Business District zoning regulations. A lot of the previously uses that were permitted outright in the B-5 were changed to be special uses because of their unique nature and possibility of conflict with the highway.

Applicant Cindy Ball of 921 S. Andover Road, representing Ball Heating and Air Conditioning was present to answer questions about moving their contractors shop into the existing building at 1105 W. US Hwy. 54.

Clark Nelson said the documents she submitted were very well prepared and very informative. Clark asked if this special use approval was subject to a lot split. Cindy said they are working on it.

Les said there has been a "lot split by deed" that does not conform to our Subdivision Regulations. The 2 buildings that are adjacent to the highway are on the north half of 2 lots that run the full depth over to Clyde Street. When those buildings were built, the same person owned both lots & both buildings. Recently that owner has sold the north half of the lots to another owner who in turn has sold the west lot to another owner.

Lynn Heath asked if this is the north side of Lot 22. Cindy said yes and that Wellner Wood Creations is occupying the existing building. She further said they will build a partition wall down the middle of the building so that their office will occupy the east side for the offices and a shop in the back. Wellner Wood will continue to have a showroom on the west side.

David Martine asked where the work trucks would be parked. Cindy said they require the service technicians take the vehicles home at night in case of emergency calls.

Lynn Heath asked if Ball Heating and Air has been operated out of their home up to this point. Cindy said that yes it has.

Clark Nelson asked if the applicant is asking for approval to run the office and shop within the legal description described herein. Les said it is.

Lynn Heath asked if this is a special use under zoning district B-5. Les said yes. Lynn asked if the furniture store is a special use or is it legal non-conforming. Les said this is a legal non-conforming use and was in existence when the regulations changed.

David Martine asked Cindy if she is proposing a new screening fence as well. She said one would be built at such time as the land behind the building is developed.

Lynn asked what the zoning is for the property behind this building. Cindy said it is multi-family.

Ron Roberts asked Cindy if she is purchasing it or just renting. Cindy said it depends on how long the lot split takes. She said they have a contract contingent on the lot split and special use to purchase an interest in the building.

David Martine asked if Lots 21 - 28 frontage are along Kellogg are commercial zoning and the back are multi-family. Cindy said no, that only lots 21 & 22 have multi-family zoning on the south half.

David asked if lots 25 - 28 extend all the way back to Clyde Street. Les said that all of the Lots at some point in time were cut in half by deed, so the commercial properties are on the north half of the lot, and single-family residences on the south half of the lots with the exception of lots 21 & 22 which have their vacant properties zoned for multi-family.

Les said there is an access easement to the back half of Lots 26, 27, & 28.

Chairman Coon closed the Public Hearing at 7:17 and began the factors and findings.

SU-2004-01 Public Hearing on application for special use approval to a Heating & Air Conditioning Office & Shop in the B-5 Highway Business District at 1105 W. Hwy. 54.

   

ANDOVER CITY PLANNING COMMISSION

Agenda Item No. 5

REZONING REPORT *

 

CASE NUMBER:

SU-2004-01

APPLICANT/AGENT:

Kenneth & Wendy Wellner / Ball Heating & Air Conditioning

REQUEST:

Heating & Air Conditioning Office & Shop in B-5 Highway Business District

CASE HISTORY:

Former Bill's Bait Shop. Currently Wellner Woodworks office & furniture retail store.

LOCATION:

1105 W. Hwy. 54

SITE SIZE:

100' x 230'

PROPOSED USE:

 

ADJACENT ZONING AND EXISTING LAND USE:

North:

Vacant Green Valley commercial property (B-4 PUD)

South:

Vacant R-3

East:

Glass Cottage retail stained glass (B-5)

West:

Tobacco Trails Smoke Shop (B-5)

 

Background Information:

Lots were split by previous owner without approved lot split or extension of sewer to service the improved north half.

 

* Note: This report is to assist the Planning Commission to determine their findings from the evidence presented at the hearing so as to base their rezoning recommendation on the required 17 factors found in Section 11-100 H of the Zoning Regulations. The responses provided need to be evaluated with the evidence and reworded an necessary to reflect the Planning Commission’s considered opinion Sample motions are provided to ensure the accuracy of the motion and facilitate the summary of the hearing for the minutes. Conditions attached to the motion, if any, should be carefully worded to provide instructions to the applicant and facilitate enforcement by the Zoning Administrator.

(As per Article 11, Section 100 of the City of Andover Zoning Regulation – 1993)

H.

Amendments to Change Zoning Districts. When a proposed amendment would result in a change of the zoning district classification of any specific property, the report of the Planning Commission, accompanied by a summary of the hearing, shall contain statements as to (1) the present and proposed district classifications, (2) the applicant’s reasons for seeking such reclassification, and (3) a statement of the factors where relevant upon which the recommendation of the Commission is based using the following factors as guidelines:

 

FACTORS AND FINDINGS:

 

YES

NO

  1. What is the character of the subject property and in the surrounding neighborhood in relation to existing uses and their condition?

STAFF:

PLANNING:

Woodworking and combination retail & residential in the back.

COUNCIL:

YES

NO

  1. What is the current zoning of the subject property and that of the surrounding neighborhood in relation to the requested zoning change?

STAFF:

PLANNING:

To the north across Kellogg is Green Valley commercial, to the south is vacant R-3, to the east is retail B-5, and to the west is B-5 as well.

COUNCIL:

YES

NO

  1. Is the length of time that the subject property has remained undeveloped or vacant as zoned a factor in the consideration?

x

STAFF:

x

PLANNING:

Lynn Heath said it is already developed.

COUNCIL:

YES

NO

  1. Would the request correct an error in the application of these regulations?

x

STAFF:

This is for a special use

x

PLANNING:

Concur

COUNCIL:

YES

NO

  • Is the request caused by changed or changing conditions in the area of the subject property and, if so, what is the nature and significance of such changed or changing conditions?
  • x

    STAFF:

    x

    PLANNING:

    Concur

    COUNCIL:

    YES

    NO

  • Do adequate sewage disposal and water supply and all other necessary public facilities including street access exist or can they be provided to serve the uses that would be permitted on the subject property?
  • x

    STAFF:

    Streets & water are in place. Sewer needs to be extended to service the lots as split.

    x

    PLANNING:

    Concur. Les said both of the buildings are on city sewer now, but they are connected by private service lines that run the depth of the lots over to Clyde Street, to the nearest service line. They are served by lines that cross someone else's property. That is the problem with the lot split. The sewer will have to be extended to a point that it touches the north half of these lots.

    Les further explained there is a sewer line on Clyde Street that runs down to an interceptor along the creek. Currently there are individual sewer lines that run up the depth of Lots 21 & 22 to serve the 2 buildings that are developed on the north half. A manhole would have to be set on Clyde Street and a line extended to this point where the division comes together so they would all have access to public sewer.

    Les said this could be a developer-installed improvement. Les hopes the Commission makes it's recommendation for this change based on the satisfaction of the lot split because it is the only way the city has to get this thing cleaned up.

    COUNCIL:

    YES

    NO

  • Would the subject property need to be platted or replatted in lieu of dedications made for rights-of-way, easements access control or building setback lines?
  • x

    STAFF:

    Lot-split required to clean-up non-conforming division of lots by previous owner.

    x

    PLANNING:

    Concur

    COUNCIL:

    YES

    NO

    1. Would a screening plan be necessary for existing and/or potential uses of the subject property?

    x

    STAFF:

    Screening of future R-3 adjacent to the south when developed.

    x

    PLANNING:

    Concur

    COUNCIL:

    YES

    NO

  • Is suitable vacant land or buildings available or not available for development that currently has the same zoning as is requested?
  • STAFF:

    N.A.

    PLANNING:

    Concur

    COUNCIL:

    YES

    NO

  • If the request is for business or industrial uses, are such uses needed to provide more services or employment opportunities?
  • x

    STAFF:

    x

    PLANNING:

    Concur

    COUNCIL:

    YES

    NO

  • Is the subject property suitable for the uses in the current zoning to which it has been restricted?
  • x

    STAFF:

    x

    PLANNING:

    Concur

    COUNCIL:

    YES

    NO

  • To what extent would removal of the restrictions, i.e., the approval of the zoning request detrimentally affect other property in the neighborhood?
  • STAFF:

    No detriment is perceived.

    PLANNING:

    Concur

    COUNCIL:

    YES

    NO

  • Would the request be consistent with the purpose of the zoning district classification and the intent and purpose of these regulations?
  • x

    STAFF:

    x

    PLANNING:

    Concur

    COUNCIL:

    YES

    NO

  • Is the request in conformance with the Comprehensive Plan and does it further enhance the implementation of the Plan?
  • x

    STAFF:

    Pg. 8-11 "encourage highway business areas on both sides of US 54/ 96 which are served by frontage roads and contain uses which generally do not compete with area #1" (Central & Andover Rd.)

    x

    PLANNING:

    Concur

    COUNCIL:

    YES

    NO

  • What is the support or opposition to the request?
  • STAFF:

    None at this time

    PLANNING:

    None at this time

    COUNCIL:

    YES

    NO

  • Is there any information or are there recommendations on this request available from knowledgeable persons which would be helpful in its evaluation?
  • STAFF:

    Approval contingent on satisfactory lot-split.

    PLANNING:

    Concur

    COUNCIL:

    YES

    NO

  • If the request was not approved, would this result in a relative gain to the public health, safety and general welfare which would outweigh the loss in property value to or the hardship experienced by, the applicant?
  • STAFF:

    No detriment to the public is perceived.

    PLANNING:

    Concur

    COUNCIL:

    Having considered the evidence at the hearing and the factors to evaluate the rezoning application, I Clark Nelson move that we recommend to the Governing Body that Case No. SU-2004-01 be approved to approve a special use permit to establish a heating and air conditioning office and shop in the B-5 Highway Business District based upon the findings of the Planning Commission as recorded in the summary, subject to: 1- the completion of a satisfactory lot split procedure

    2- the future screening from the R-3 zoning district to the south.

    This motion is based on findings 6, 7, 8, 14, and 16. Lynn Heath seconded the motion. Motion carried 7/0.

    In further discussion, Les Mangus stated the City Council wouldn't pass the ordinance to effectuate the special use until the lot split condition was satisfied. If the building is occupied before this is approved, they would be doing so illegally.

     
       

    Update on the Draft Comprehensive Development Plan progress. Les said the Commissioners have received the latest draft of the plan and the maps have not been included due to the excessive cost of printing them for a draft copy. Les would like the Planning Commission to read the draft and forward all comments and corrections before the next Planning commission meeting. It is hoped to have a final draft copy for review. At that time authorization is needed for a Public Hearing to adopt the new Comprehensive Plan. The deadline for comments is the first week of May and would give the consultant 1-week to get all the comments together and get the final draft to them on Friday with the packets.

    Jeff Bridges said if there are questions on content regarding certain aspects of the plan, the Planning Commission will be asked to resolve them.

    Quentin Coon said the Planning Commission needs to be concerned about connecting of the sidewalks, and placement of subdivisions as directed according to the plan. Les said that over 50% of this document is history and statistics. The "meat" of the document is in transportation, community facilities, and future land use pattern.

    Draft of Comp Plan

       

    Member Items: David Martine asked now that Green Valley 10th and Green Valley Patio Home street project is coming to an end, which area will come on line next. Jeff Bridges said Tuscany 2nd, Flint Hills 4th, Montana Hills all at the same time.

    David Martine asked Les about 13th Street trying to blend an area between the gravel and the pavement. He said Bruno Township is working hard to keep the area graded nice and it looks like someone has spread some asphalt but there is a large dip in the road that needs some attention. Les said he would pass this on to Bill Braitsch. Jeff Bridges said 13th Street is scheduled to be paved in 2006.

    Quentin Coon asked about the progress on the Andover Entrance Monument project. David Martine said this is a work in progress. He has talked to a couple of contractors about donating their labor/materials and has not found anyone willing. He has spoken with the Andover Rotary Club about donating money and them hanging a plaque on it. This is moving slowly.

    Member Items

       

    A motion was made by David Martine to adjourn the meeting at 7:50 p.m. Lynn Heath seconded the motion. Motion carried 7/0.

    Adjournment

    Respectfully Submitted by

    __________________________

    Deborah Carroll

    Administrative Secretary

    Approved this 18th day of May 2004 by the Andover City Planning Commission/ Board of Zoning Appeals, City of Andover.