HomeMy WebLinkAbout08/24/2010Andover Planning and Zoning Commission
Meeting Agenda
August 24, 2010
Andover City Hall
Council Chambers
7.00 p.m.
1. Call to Order
2. Approval of Minutes —June 8, 2010 and July 13, 2010
3, PUBLIC HEARING: Conditional Use Permit (10 -09) to consider parking
expansion for 7 Day Adventist Church at 15036 Round Lake Boulevard and
3200 152nd Lane NW.
4. Other Business
5. Adjournment
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 - June 8, 2010 and July 13, 2010
DATE: August 24, 2010
Request
The Planning and Zoning Commission is asked to approve the minutes from the
June 8, 2010 and July 13, 2010 meetings.
PLANNINGAND ZONING COMMISSIONMEETING —JUNE 8, 2010
The Regular Bi- Monthly Meeting of the Andover Planning and Zoning Commission was
called to order by Acting Chairperson Holthus on June 8, 2010, 7:00 p.m., at the Andover
City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota.
Commissioners present:
Commissioners absent:
Also present:
APPROVAL OFMINUTES.
May 11, 2010
Dennis Cleveland, Lynae Gudmundson, Valerie Holthus,
and Devon Walton.
Chairperson Dean Daninger, Commissioners Michael
Casey, and Tim Kirchoff
City Planner, Courtney Bednarz
Others
Motion by Walton, seconded by Cleveland, to approve the minutes as presented. Motion
carried on a 4 -ayes, 0 -nays, 3- absent (Casey, Daninger, Kirchoff) vote.
PUBLIC HEARING: CONDITIONAL USE PERMITAMENDMENT (10 -7) TO
CONSIDER EXPANSION OF THE GREAT RIVER ENER G YICONNEXUS
ENER G Y S UBS TA TION L 0 CA TED A T 1635 AND 1657 BUNKER LAKE
BOULEVARD.
Mr. Bednarz summarized the staff report.
Motion by Cleveland, seconded by Walton, to open the public hearing at 7:10 p.m.
Motion carried on a 4 -ayes, 0 -nays, 3- absent (Casey, Daninger, Kirchoff) vote.
Mr. Bob Larocic, 13783 Ibis Street, stated he did not understand what the new addition
was to the substation, he wondered what it was for and what it will do. He wondered if
the changes would cause electrical interference to his business. He stated he has
concerns if the changes will affect his business.
Regular Andover Planning and Zoning Commission Meeting
Minutes — June 8, 2010
Page 2
Mr. Louis Rudnicki, owner of North Point Plaza, stated he wanted to make sure they do
not add any additional electrical interference to the businesses in his building also. He
stated he had some concerns about the changes to the grading and entrance. He
recommended installing additional curb and gutter for an additional twenty -five to fifty
feet so they would not have to worry about undermining of the existing curb and gutter at
the end.
Commissioner Holthus noted Great River Energy and Connexus Energy would like to file
for a variance and not put curb and gutter in because according to the information they
received the utility companies have large equipment and curb and gutter would not allow
them to maneuver some of their equipment into the area.
Mr. Rudnicki indicated he would still ask that curb and gutter be installed at least ten feet
to divert the drainage in a controlled fashion onto their property.
Mr. Rudnicki asked who was responsible for plowing the road into the property. He also
wondered what kind of landscaping will be planted to screen the equipment.
Mr. Bednarz explained 138`x' Avenue is a public street. The City plows the street and has
an interest in malting sure the curb and the rest of the improvement there are maintained.
If this item is approved they will go through a commercial site plan process. He stated
plowing will continue as it has been in the past, up to the property line and snow storage
will continue where it has been and then beyond that point it will be a private driveway
and the applicant will be responsible for the maintenance.
Mr. Rick Heuring, Great River Energy, explained what the project entailed. He stated
there are no issues with medical devices in and around the equipment as long as they are
not inside the fenced area. He noted there is a pedestrian walkway in very close
proximity of the substation and a lot of studies have and continue to be done regarding
this. He stated there should not be an issue and no electrical interference should be
caused to the surrounding businesses.
Mr. Heuring stated in regard to drainage along with getting the City approval they will
also need to get approval from Coon Creek Watershed District which they have not
begun yet. He stated 138`x' currently flows easterly and will continue to flow easterly. He
reviewed some of the landscaping they plan to do to improve the site.
Mr. Mike Felber, Connexus Energy Manager, stated the distribution substation they are
proposing is an addition that will be located to the north side of the substation. He stated
they need to add capacity to this site. He reviewed the proposed expansion with the
Council and residents.
It was noted that cell phone usage would not be affected by the project.
Regular Andover Planning and Zoning Commission Meeting
Minutes —June 8, 2010
Page 3
Mr. Greg Schutte, Great River Energy, explained the fence slat on the south portion
where Connexus portion of the sub is actually a one inch mesh fence slat which is a
tighter slat they have around the existing Great River Energy portion of the fence, there's
is a two inch slat. He stated they are currently working with the manufacturing company
but from what they have been told they do not have anything for the tighter mesh fencing
and that is part of the reason why they went towards the landscaping plan around the
southern portion to help screen it.
Mr. Rudnicki stated he did not realize they were going to gate the front entrance to it and
perhaps a good solution to all the issues around that would be to install some sort of a
cul -de -sac with curb and gutter and then have the gate go off the end of that and it would
give the City staff the ability to go all the way around and continue back west on 138`x'
and would resolve those issues. He stated it was not the voltage that causes the
electromagnetic interference in the surrounding area it is the current going through those
wires that creates those magnetic fields and creates that interference so if they are
increasing the current then there will be a larger magnetic field and interference. He
stated he was in support of this project and he thought this was wise for the growing
community.
Motion by Walton, seconded by Cleveland, to close the public hearing at 7:41 p.m.
Motion carried on a 4 -ayes, 0 -nays, 3- absent (Casey, Daninger, Kirchoff) vote.
Commissioner Cleveland asked how large is the expansion going to be. Mr. Felber stated
the fence expansion is 57x120 to accommodate vehicle movement around the equipment.
Commissioner Gudmundson asked if the question and concern about interference could
be addressed. Mr. Hearing explained how the electromagnetic interference works. He
stated the greatest magnetic field would be directly under the wire and the further away
you are the less the magnetic field would be. He stated the addition of their project and
the modifications to their substation is essentially negligible in terms of the amount of
current that will be increasing.
Commissioner Gudmundson asked what other colors would they consider using for the
slats in the fence. She also thought they will struggle to keep plants and grass alive
without some type of irrigation. Mr. Hearing stated he drove by the site today and the
plantings they put in last year, like the arborvitae is not doing well and he suspected that
was due more to salt than anything else but some of the others seem to be doing quite
well. He thought they needed to learn and figure out what types of species will do well at
this site.
Commissioner Gudmundson asked who would take care of the grass area. Mr. Hearing
stated they currently mow the area within the fence to keep the area clean.
Regular Andover Planning and Zoning Commission Meeting
f
Minutes —June 8, 2010
Page 4
Commissioner Cleveland asked what the color options are for the fence slats. Mr.
Schutte stated there are examples in the packet that show what the manufacture has and
they will use whatever the City recommends.
Commissioner Holthus stated since this is probably one of the busiest corners in Andover
and makes a "Welcome to Andover" statement, she thought this site could be made a lot
more attractive. She stated she would like to see a brick or block wall with a texture on
the outside to make it look aesthetically more pleasing. She would like them to consider
putting up something of a stronger screening and a better looking screening than slats and
a chain link fence.
Mr. Heuring stated they are certainly aware of this concern and that a solid wall like that
would screen more effectively but the issue that keeps coming back is the road right of
way is at the fence line and using today's standards, their facility would not be built the
way it exists today. The fence would be further away from their equipment. If they
could move the fence there they would. They have had several discussions with the
County Highway people and were told they could not do anything in their road right -of-
way. He stated the slates are the only reasonable thing they could do to screen the site.
Commissioner Holthus stated she would like to see this motion include a
recommendation to the City Council to include a brick wall because she knew this could
be done and has seen it done elsewhere. Mr. Schutte stated this is something they looked
at quite a bit and due to the right -of -way issue, in order for them to build a brick wall
along Hanson Boulevard, even if they were to build it on the right -of -way line, the
foundation that needs to be built beneath that wall to withstand their wind loading and
criteria for that substation would encroach on the County and the width to the nearest
foundation of their large 230kw structure would cause a significant issue with their
existing substation.
The Commission discussed with the applicant landscaping, irrigation, security and
screening.
Motion by Cleveland, seconded by Gudmundson, to recommend to the City Council
approval of Resolution No. , including the variance noted to curb and gutter and
irrigation on the south side of the site. Motion carried on a 3 -ayes, I -nays ( Holthus), 3-
absent (Casey, Daninger, Kirchoff) vote.
Commissioner Holthus stated she voted against this because she felt there needed to be
better screening which would consist of a wall.
Mr. Bednarz stated that this item would be before the Council at the June 15, 2010 City
Council meeting.
I
Regular Andover Planning and Zoning Commission Meeting
Minutes —June 8, 2010
Page 5
OTHER BUSINESS.
Mr. Bednarz updated the Planning Commission on related items.
ADJOURNMENT.
Motion by Cleveland, seconded by Walton, to adjourn the meeting at 8:05 p.m. Motion
carried on a 4 -ayes, 0 -nays, 3- absent (Casey, Daninger, Kirchoff) vote.
Respectfully Submitted,
Sue Osbeck, Recording Secretary
Timesaver Off Site Secretarial, Inc.
'M
PLANNING AND ZONING COMMISSION MEETING — JULY 13, 2010
The Regular Bi- Monthly Meeting of the Andover Planning and Zoning Commission was
called to order by Acting Chairperson Holthus on July 13, 2010, 7:00 p.m., at the
Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota.
Commissioners present: Chairperson Dean Daninger, Commissioners Michael
Casey, Lynae Gudmundson, and Tim Kirchoff.
Commissioners absent: Commissioners Dennis Cleveland, Valerie Holthus, and
Devon Walton
Also present: City Planner, Courtney Bednarz
Others.
APPROVAL OFMINUTES.
June 8, 2010
Commissioner Gudmundson noted her name was spelled wrong in the minutes except at
the top.
Motion by Casey, seconded by Kirchoff, to table the minutes until the next Planning
Commission meeting. Motion carried on a 4 -ayes, 0 -nays, 3- absent (Cleveland, Holthus,
Walton) vote.
PUBLIC HEARING: VARIANCE (10 -01) TO ALLOW INCREASED HEIGHT FOR
ACCESSORY STR UCTURE AT 4120165TH AVENUE NW.
Mr. Bednarz noted the applicant is seeking a variance to the accessory structure height
limit because the limited height of the existing rambler style home would prevent
construction of an accessory structure tall enough to allow the applicant's RV to be
parked within it.
Mr. Bednarz reviewed the information with the Commission.
Regular Andover Planning and Zoning Commission Meeting
Minutes — July 13, 2010
Page 2
Commissioner Kirchoff asked what the limit was on accessory structures and did this
affect it. Mr. Bednarz stated due to the size of the lot the size of the structure was not an
issue.
Motion by Casey, seconded by Kirchoff, to open the public hearing at 7:06 p.m. Motion
carried on a 4 -ayes, 0 -nays, 3- absent (Cleveland, Holthus, Walton) vote.
Chairperson Daninger noted they received two letters from neighbors indicating they
were in favor of this variance.
Mr. Marvin Christianson, 4065 165"' Avenue, stated he did not have any objection to the
variance. He noted he was -on the Planning Commission for Grow Township in the
sixties. He stated it was extremely important that they follow what is in the zoning
ordinance.
Chairperson Daninger asked how many trees will need to be taken out for this accessory
structure and for access to the building. Mr. Dave Heida, 4120 165"' Avenue NW, stated
they will be taking out two trees in front of the proposed building and also a number of
trees to the west but he was not sure how many that would be. He noted there will be no
trees taken out from the street view with the exception of the two in front of the building.
Commissioner Gudmundson asked how tall the neighbors' pole barn is. Mr. Heida stated
he was not sure.
Chairperson Daninger asked how tall the motor home was. Mr. Heida stated it was close
to twelve feet tall.
Chairman Daninger asked if the increase in height was needed for the edges of the garage
for the slope of the roof. Mr. Heida said that was correct.
Motion by Kirchoff, seconded by Casey, to close the public hearing at 7:14 p.m. Motion
carried on a 4 -ayes, 0 -nays, 3- absent (Cleveland, Holthus, Walton) vote.
Motion by Kirchoff, seconded by Casey, to recommend to the City Council approval of
the variance based on the finding that this property will not be out of character of the
other properties in the area and the findings listed in the resolution.
Chairperson Daninger stated he was going to vote to deny this because he understood the
intent of it but he was having a tough time defining the hardship for the variance.
Motion carried on a 3 -ayes, 1 -nays (Daninger), 3- absent (Cleveland, Holthus, Walton)
vote.
Mr. Bednarz stated that this item would be before the Council at the July 20, 2010 City
Council meeting.
4
I
Regular Andover Planning and Zoning Commission Meeting
Minutes —July 13, 2010
jage 3
PUBLICHEARING: VARIANCE (10 -02) TOALLOWREDUCED FRONT YARD
SETBACK FOR GARA GE ADDITIONA T 16906 CROSSTOWNBOULEVARD NW.
Mr. Bednarz noted the applicant is seeking a variance to allow a reduced front yard
setback for a garage addition.
Mr. Bednarz reviewed the information with the Commission.
Commissioner Kirchoff asked if Mr. Bednarz knew if the road was going to be upgraded
any time soon. Mr. Bednarz stated there is 120 feet of right -of -way and there is forty feet
between the edge of the road and the property line. Improvements are not within the
County's five year plan. The existing 120 feet of right -of -way is what they will need to
improve the road in the future.
Motion by Kirchoff, seconded by Casey, to open the public hearing at 7:20 p.m. Motion
carried on a 4 -ayes, 0 -nays, 3- absent (Cleveland, Holthus, Walton) vote.
Mr. Ralph James, 16906 Crosstown Boulevard NW, stated they have been planning this
for a long time and have recently been able to move forward with this. They have always
planned on an attached curved garage and would add more value than a detached one.
He stated they are also asking for this for aesthetics and to add value.
Motion by Kirchoff, seconded by Casey, to close the public hearing at 7:21 p.m. Motion
carried on a 4 -ayes, 0 -nays, 3- absent (Cleveland, Holthus, Walton) vote.
Commissioner Gudmundson asked if they could add a detached garage. Mr. Bednarz
stated it would be difficult because of where the septic system is located. He showed the
map to the Commission.
Commissioner Kirchoff asked if an analysis was done on the other homes along
Crosstown Boulevard that are non - conforming. Mr. Bednarz showed a photo from the
packet showing where the other homes are located along Crosstown Boulevard.
Commissioner Casey thought the hardship was when the County improved the road
previously they made the homes non - conforming. Commissioner Gudmundson stated the
improvements would keep it in conformity with the other homes.
Commissioner Casey asked if there have been any other variances given for other
properties on Crosstown Boulevard. Mr. Bednarz stated he could not find any.
Motion by Casey, seconded by Kirchoff, to recommend to the City Council approval of
the variance with the hardship being the additional R -O -W for Crosstown Boulevard.
4
Regular Andover Planning and Zoning Commission Meeting
Minutes —July 13, 2010
Page 4
Chairperson Daninger stated it is a good fit but what is guiding him was the City
ordinance.
Motion carried on a 3 -ayes, 1 -nays ( Daninger), 3- absent (Cleveland, Holthus, Walton)
vote.
Mr. Bednarz stated that this item would be before the Council at the July 20, 2010 City
Council meeting.
PUBLICHEARING: COMPREHENSIVE PLANAMENDMENT (10 -01) TO
CHANGE THE LAND USE DESIGNATION FROMAGRICULTURAL (A) TO
URBANRESIDENTL4L LOW DENSITY (URL) FOR WOODLAND ESTATES 5TH
ADDITION.
Mr. Bednarz noted Woodland Development is requesting a land use designation change
to allow the Woodland Estates 5`h Addition to move forward.
Mr. Bednarz reviewed the information with the Commission.
Chairperson Daninger indicated the Commission will be discussing Items 5 -7 together
with separate motions.
Motion by Casey, seconded by Kirchoff, to open the public hearing at 7:37 p.m. Motion
carried on a 4 -ayes, 0 -nays, 3- absent (Cleveland, Holthus, Walton) vote.
Mr. Steve Rock, 15173 Verdin St., stated his concern was this plat will create a cut
through for traffic from the neighborhood from Veterans Memorial Blvd. He stated
there is also another concern with vacant lots in his neighborhood, there are three lots to
his south and he has not seen any real effort to sell them and he would like to see more of
an effort to sell those before there is an expansion.
Mr. Cory Herzog, 15185 Verdin, stated his concern was what the timing was of this and
how long will it take for the road to come in along with sewer and gutter to get in and
then how long will be after that to built the homes.
Mr. Byron Westlund, applicant, stated this is a continuation of Verdin Street and the
reason why it was not platted with the third or sixth addition was because this five acre
piece was in Agricultural Preserve and just came out in March. That is the reason why
they are moving forward with it now. It is also a continuation of Verdin Street to connect
with Veterans Memorial Blvd.
Commissioner Kirchoff asked if in the past there was a condition on how dirt was moved
around. Mr. Westlund stated they work with the City on the hours of operation and they
are willing to work with staff on setting conditions.
Regular Andover Planning and Zoning Commission Meeting
Minutes —July 13, 2010
Page 5
Chairperson Daninger asked how the variance will affect the tree removal and can they
save more trees if they allow the variance to front yard setback. Mr. Westlund stated the
site is mostly void of trees, with the only trees located on the southeast part of the site.
Chairman Daninger stated that one of the reasons for approving the setback variance for
the previous plat was that they were able to save trees with a retaining wall. He added
that he would have difficulty supporting the variance if that was not the case here as well.
Mr. Westlund stated that it would be difficult but he would be willing to work with staff
to save trees in that area of the site.
Chairperson Daninger stated at one of the Planning Commission meetings he asked Mr.
Westlund if he was finished moving dirt and was told they were and then a bunch of dirt
kept moving in there. Mr. Westlund stated if he answered that then he answered it
incorrectly.
Chairperson Daninger stated the problem he has with this is when dirt is moved and not
seeded down it blows all over to the east. He hoped that once the dirt was moved it get
seeded and completed right away so it does not blow around. Mr. Westlund stated this is
one of the reasons they are platting this is to complete the grading. As far as timing for
homes to be built there are several steps remaining. He anticipated grading this fall and
utilities in the spring of next year.
Mr. Westlund reviewed the process of development he was planning to take along with
agreements for the outlot.
Motion by Kirchoff, seconded by Casey, to close the public hearing at 7:53 p.m. Motion
carried on a 4 -ayes, 0 -nays, 3- absent (Cleveland, Holthus, Walton) vote.
Motion by Casey, seconded by Kirchoff, to recommend to the City Council approval of
the proposed Comprehensive Plan Amendment. Motion carried on a 4 -ayes, 0 -nays, 3-
absent (Cleveland, Holthus, Walton) vote.
Mr. Bednarz stated that this item would be before the Council at the July 20, 2010 City
Council meeting.
PUBLIC HEARING: REZONING (10 -01) TO CHANGE THE ZONING
DESIGNATION FROM R URAL RESIDENTIAL (R -1) TO URBAN RESIDENTIAL
(R -4) FOR WOODLAND ESTATES 5TH ADDITION.
Mr. Bednarz stated the Planning Commission is asked to review the proposed rezoning to
allow the Woodland Estates 5"' Addition to move forward.
This item was discussed with Item 5 above.
i
Regular Andover Planning and Zoning Commission Meeting
Minutes — July 13, 2010
Page 6
Motion by Casey, seconded by Kirchoff, to open the public hearing at 7:37 p.m. Motion
carried on a 4 -ayes, 0 -nays, 3- absent (Cleveland, Holthus, Walton) vote.
See Item 5.
Motion by Kirchoff, seconded by Casey, to close the public hearing at 7:53 p.m. Motion
carried on a 4 -ayes, 0 -nays, 3- absent (Cleveland, Holthus, Walton) vote.
Motion by Kirchoff, seconded by Gudmundson, to recommend to the City Council
approval of the rezoning request. Motion carried on a 4 -ayes, 0 -nays, 3- absent
(Cleveland, Holthus, Walton) vote.
Mr. Bednarz stated that this item would be before the Council at the July 20, 2010 City
Council meeting.
PUBLIC HEARING: PRELIMINARY PLAT OF WOODLAND ESTATES 5TH
ADDITION, A SINGLE FAMILY URBANRESIDENTIAL DEVELOPMENT
LOCATED IMMEDIATELYNORTH OF WOODLAND ESTATES 3RD ADDITION.
Mr. Bednarz explained the Planning Commission is asked to review the proposed
preliminary plat of Woodland Estates 5t' Addition.
This item was discussed with Item 5 above.
Motion by Casey, seconded by Kirchoff, to open the public hearing at 7:37 p.m. Motion
carried on a 4 -ayes, 0 -nays, 3- absent (Cleveland, Holthus, Walton) vote.
This public hearing was held with Item 5 above.
Motion by Kirchoff, seconded by Casey, to close the public hearing at 7:53 p.m. Motion
carried on a 4 -ayes, 0 -nays, 3- absent (Cleveland, Holthus, Walton) vote.
Motion by Kirchoff, seconded by Casey, to recommend to the City Council approval of
the preliminary plat including the variance and the finding of the variance is it would be
in character of the neighborhood and maintain continuity including tree preservation and
the grass and sidewalk area and access road. Motion carried on a 4 -ayes, 0 -nays, 3-
absent (Cleveland, Holthus, Walton) vote.
Mr. Bednarz stated that this item would be before the Council at the July 20, 2010 City
Council meeting.
OTHER BUSINESS.
Mr. Bednarz updated the Planning Commission on related items
Regular Andover Planning and Zoning Commission Meeting
Minutes —July 13, 2010
Page 7
a. August 10 "' Meeting (Primary)
Mr. Bednarz noted the primary elections will be held on August 10t" so the Commission
could schedule their meeting for another night or to start at 8:01 p.m. on August 10"'.
The Commission thought starting at 8:01 p.m. on August 10"' would not be a problem.
ADJOURNMENT.
Motion by Kirchoff, seconded by Casey, to adjourn the meeting at 8:02 p.m. Motion
carried on a 4 -ayes, 0 -nays, 3- absent (Cleveland, Holthus, Walton) vote.
Respectfully Submitted,
Sue Osbeck, Recording Secretary
TimeSaver Off Site Secretarial, Inc.
ND ®VE:
1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100
FAX (763) 755 -8923 • WWW.CLAN DOVER. MN. US
TO: Planning and Zoning Commissio ers
FROM: Courtney Bednarz, City PlZae>
SUBJECT: PUBLIC HEARING:
expansion for 7"' Day
3200 152nd Lane NW.
DATE: August 24, 2010
INTRODUCTION
Conditional Use Permit (10 -09) to consider parking
Adventist Church at 15036 Round Lake Boulevard and
The church is seeking to expand their parking area onto an adjacent lot to the north that was
recently combined with the church property. City Code 12 -14 -6 requires the existing conditional
use permit to be amended to allow the expansion.
DISCUSSION
The church was constructed in 1972 and received a conditional use permit amendment to include
a school in 1978. The previous site plan is attached along with an aerial photograph showing the
current site conditions and the proposed site plan.
Review Criteria
12 -14 -6 B. provides the following 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.
LakeRidge Covenants
The lot that was recently combined with the church property is part of the LakeRidge
development. This development had covenants that restricted the use of the lots to residential
purposes only. The covenants also contained language indicating that they would automatically
renew every ten years absent a majority vote from the property owners in the development.
However, state law does not allow property to be permanently bound by covenants. State Statute
500.20 Subd. 2a indicates that covenants expire thirty years after the date they became effective
unless a notice is filed with the registrar of titles updating the covenants before they expire. No
record of such notice was found at Anoka County.
Access
Sheet 1 of the plan set shows the existing conditions on the site. The southerly access to Round
Lake Boulevard will be removed. A permit from the Anoka County Highway Department will
be needed to work in the county right -of -way.
Number of Parking Stalls
The maximum occupancy of the entire building is 270 people, including the main assembly hall,
fellowship hall and classrooms. For churches one stall per three people is required or in this case
90 parking stalls. 104 stalls are proposed.
Storm Water Drainage
A permit from the Coon Creek Watershed District is required for the proposed project. The
applicant has submitted plans for their review. A condition of approval also requires any
modifications necessary to achieve approval from the watershed district.
Lighting
City Code 12 -13 -7 and 12 -13 -8 regulate glare and lighting of parking areas. A lighting detail is
needed to show that cutoff fixtures are provided to conceal the light source and direct light
toward the ground. A photometric plan will also need to be provided to meet the requirements of
City Code 12 -13 -8 D. 8. and will not exceed .4 foot candles at property lines adjacent to
residential homes. This should be easily accomplished given that the parking area will be 159
feet from the adjacent residential property to the west and 272 feet from the north property line
adjacent to 152nd Lane NW.
Screening of Parking Area
City Code 12 -13 -5 requires screening of the parking area to a minimum of six feet from adjacent
residential areas and three feet in height from adjacent right -of -way. Existing trees to the north
and west will provide screening from the LakeRidge Neighborhood. A berm is shown on the
grading plan to provide screening from Round Lake Boulevard for the south end of the parking
area. A similar berm or plantings are needed north of the entrance to provide the required three
foot minimum screening height from the right -of -way.
Landscaping
There is a significant amount of existing vegetation on the site that satisfy the minimum plant
quantities of City Code 12 -13 -6. A few trees will be removed to allow the parking expansion.
Eight new trees are shown on the Landscaping Plan in the concrete medians within the parking
area.
Accessory Buildings
Two accessory buildings are proposed to be removed from the site. A concrete foundation for a
future building is proposed at the south end of the parking area. No information has been
provided about the future building and it is not part of this conditional use permit application.
Trash Enclosure
City Code 12 -13 -5 requires a trash enclosure for the dumpster area shown at the southeast corner
of the parking area. A condition of approval requires a trash enclosure to be provided.
Signage
The existing sign will need to be removed to allow the proposed parking expansion. A new sign
is shown just south of the entrance to the site. A sign permit is necessary for the new sign.
Existing Well
An existing well and guard posts are labeled south of the entrance in the drive lane near the first
row of stalls along Round Lake Boulevard. The applicant's engineer has indicated that the well
will be capped by a licensed well driller and a new well outside of the parking area will be
established.
ACTION REQUESTED
The Planning Commission is asked to hold a public hearing and make a recommendation to the
City Council on the conditional use permit request.
Re a s
Ztfy, e
Attachments
Resolution
Location Map
Aerial Photograph
Previous Site Plan
Existing Parking Area Photographs
LakeRidge Covenants
State Statute 500.20
Plan Set
Cc: Trace McCoy Meyer - Rohlin Land Services 1111 Highway 25 North #102 Buffalo, MN 55313
Jay Johnson 306 — 30a` Street SW Montrose, MN 55363
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
A RESOLUTION APPROVING THE CONDITIONAL USE PERMIT REQUEST FOR
PARKING EXPANSION FOR 7TH DAY ADVENTIST CHURCH LOCATED AT 15036
ROUND LAKE BOULEVARD AND 3200 152ND LANE NW LEGALLY DESCRIBED ON
EXHIBIT A
WHEREAS, the 7t' Day Adventist Church has requested a conditional use permit to expand the
parking area on the subject property, and;
WHEREAS, the Planning Commission has reviewed the request and has determined that said
request meets the criteria of City Code, and;
WHEREAS, the Planning Commission finds the request would not have a detrimental effect on
the health, safety, and general welfare of the City of Andover and recommends to the City
Council approval of the Conditional Use Permit request;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover has
received the recommendation of the Planning Commission and approves the Conditional Use
Permit to expand the parking area on the subject property, subject to the following conditions:
1) The plan set shall conform to the drawing stamped received by the City of Andover
August 17, 2010, except as follows:
a. The applicant shall provide a lighting plan and details to conform with City Code
12 -13 -7 and City Code 12 -13 -8.
b. The applicant shall provide screening of the parking area from Round Lake
Boulevard to a minimum height of three feet.
c. The applicant shall provide a trash enclosure to conform with City Code 12 -13 -6.
d. The applicant shall obtain a sign permit for the proposed new sign.
2) The applicant shall obtain permits from the Coon Creek Watershed Management
District and Anoka County Highway Department.
3) The applicant shall obtain a demolition permit from the city for removal of the
accessory buildings.
4) The Conditional Use Permit shall be subject to a sunset clause as defined in City
Code 12 -14 -6.
Adopted by the City Council of the City of Andover on this _ day of 2010
CITY OF ANDOVER
ATTEST:
Michelle Hartner, Deputy City Clerk
Michael R. Gamache, Mayor
Resolution
Exhibit A
Conditional Use Permit
7"' Day Adventist Church
Legal Description
LOT 9, BLOCK 12 LAKERIDGE, TOGETHER WITH THAT PART OF GOVERNMENTT
LOT 4 SECTION 20 TOWNSHIP 32 RANGE 24 DESCRIBED AS FOLLOWS: BEGINNING
AT A POINT ON EAST LINE OF SAID SECTION 940.50 FEET, (57 RODS) NORTH OF
THE SOUTHEAST CORNER OF SAID SECTION, THENCE NORTH ALONG SAID EAST
LINE 300 FT, THENCE WEST AT A RIGHT ANGLE TO SAID EAST LINE TO THE SHORE
LINE OF ROUND LAKE, THENCE SOUTHEASTERLY ALONG SAID SHORE LINE TO
INTERSECT WITH A LINE EXTENDING WEST FROM THE POINT OF BEGINNING,
THENCE EAST ALONG SAID INTERSECTING LINE TO THE POINT OF BEGINNING, EX
RD, SUBJECT TO EASEMENTS OF RECORD
C I'CV OY'
NDOVER Conditional Use Permit
Incorporated
1974 7th Day Adventist Church
Subject Property
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PROTECTIVE COVENANTS AND RESTRICTIONS
FOR 539474
{ ) LakeRidge
PROGRAMMED LAND, INC., a Minnesota Corporation, fee owner, NYSTROM CONSTRUCTORS,
INC., a Minnesota Corporation, contract purchaser, and LAWRENCE B. CARLSON AND MARILYN
L. CARLSON, his wife, contract purchaser, being all of the fee owners and contract
purchasers of all of the lots within LakeRidge, a duly platted subdivision of land in
the County of Anoka, State of Minnesota, which plat is on file and of record in the
Office of the County Recorder in and for said County, and desiring to establish the
nature of the use and enjoyment of all of the lots in said platted subdivision and for
the benefit of all of the lots therein, do hereby declare all of the lots in said
LakeRidge subject to the following express Covenants and Restrictions as to the use and
enjoyment thereof, all of which are to be construed as running with the title to said
lots, and every part and parcel thereof, as follows, to -wit:
A. RESIDENTIAL PROTECTIVE COVENANTS AND RESTRICTIONS
1. LAND USE AND BUILDING TYPE. No lot shall be used except for residential
J�17C` purposes, and no building shall be erected, altered, placed or permitted to remain
on said parcel other than a single family dwelling not to exceed two stories in
height, and having an attached garage for not less than two automobiles, and such
other structure as may be desirable for the use and enjoyment of said dwelling.
2. FACTORY -BUILT OR PRE - ASSEMBLED DWELLING. No factory -built or pre - assembled
dwelling shall be erected, placed or permitted on any lot.
3. LOT AREA AND WIDTH. Any lot on which a dwelling shall be erected, altered,
placed or permitted shall have the same dimensions and area in square feet as said
,lot is now platted. '
4. DWELLING COST, QUALITY AND SIZE. With cost of lot excluded therefrom, and
based on construction cost levels prevailing on the date these Covenants are
recorded, no dwelling which costs less than $70,000 shall be permitted on Lots 6
through 10, Block 10, Lots 5 through 8, Block 11, and Lots 1 through 9, Block 12,
and no dwelling which costs less than $55,000 shall be permitted on any of the
other lots in LakeRidge. It is the intent and purpose of this Covenant and
Restriction to assure that all dwellings shall be of a quality of workmanship
and material substantially the same or better than that which can be produced on
the date these Covenants and Restrictions are recorded at the minimum cost stated
herein. In addition to, and not in limitation of the foregoing provision, the
- minimum dimensions of dwellings erected in LakeRidge, exclusive of open porch or
garage, shall be as follows:
One -story dwelling - Ground floor area shall be not less than 1,200 square
feet.
One and one -half story dwelling (split entry /split foyer) - Shall have not .
less than 1,120 square feet on the main floor above grade.
Two -story dwelling - Shall have a minimum of 960 square feet on ground floor
(grade level) providing equal square footage is provided on second floor;
or shall have a minimum of 1,040 square feet on ground floor (grade level)
if square footage on second floor is less than square footage on ground
floor (modified two -story dwelling).
5. BUILDINGS, SETBACK. No building shall be erected or placed on any lot within
a distance of 75 feet of any side boundary line of any lot herein without prior
written approval of the Architectural Control Committee. This provision shall not
apply to single family dwellings.
6. BUILDING DESIGN. No building shall be erected, placed, or altered on any lot
until the final construction plans and specifications and a plan showing the
location of the structure have been approved by the Architectural Control Committee
as to quality of workmanship and materials, compliance with applicable requirements
of Paragraphs 4 and 5 above, and harmony of external design with existing structures.
7. ARCHITECTURAL CONTROL COMMITTEE. There shall be an Architectural Control
Committee composed of Lawrence B. Carlson, 433 Jackson Street, Anoka, Minnesota
55303. Said member shall have the authority to designate a successor, which
designation shall become effective upon the date of recording in the Office of the
Anoka County Recorder an instrument containing such designation. In the event of
the death or resignation of.said member, without his having designated a successor,
or in the event of the death or resignation of said designated successor, the then
record owners of a majority of the lots shall have the power through a duly
recorded instrument to appoint a new committee.
'ECTIVE COVENANTS AND RESTRICTIONS
LakeRidge
Two
The Committee's approval or disapproval as required in these Covenants shall
be in writing. In the event the Committee fails to approve or disapprove within
30 days after plans and specifications have been submitted to it, or in any event,
if no suit to enjoin the construction has been commenced prior to the completion
thereof, approval will not be required and the related covenants shall be deemed
to have been fully complied with.
S. LIVESTOCK AND ANIMALS. No livestock, non - domestic or pleasure - recreational
animals of any kind, as defined in Ordinance S -A, City of.Andover, County of Anoka,
State of Minnesota, which ordinance was adopted on October 21, 1974, are permitted
on any lot in the subdivision of LakeRidge.
9. .TEMPORARY STRUCTURES. No structure of a temporary character, including a
trailer, mobile home, basement, tent, shack, garage, barn or other like outbuilding,
shall be used on any lot herein at any time as a residence, either temporarily or
permanently; provided, however, that a temporary structure for residential purposes
to be utilized by a lot owner(s) during the completion of the construction of a
single family dwelling upon a lot herein may be permitted for a period not to exceed
90 days upon the prior written approval of the Architectural Control Committee if
the design or character of such structure and its location is acceptable to said
Committee.
10. UNLICENSED VEHICLES. No unlicensed vehicles of any type shall be kept on any
lot in the subdivision of LakeRidge.
11. NUISANCES. No noxious or offensive activities shall be carried on upon any
lot, nor shall anything be done thereon which may be, or may become, an annoyance
or nuisance to the neighborhood.
GENERAL PROVISIONS
.1. TERM. The Protective Covenants and Restrictions are to run with the land and , f
shall be binding on all parties and persons claiming under them for a period of
ten (10) years from the date these Covenants and Restrictions are recorded, after
which time said Covenants and Restrictions shall be automatically extended for
successive periods of ten (10) years unless an instrument signed by the majority
of the then owners of the lots in said subdivision has been recorded, agreeing to
change said Covenants and Restrictions in whole or in part, or to terminate the
effect of these Covenants and Restrictions completely.
2. ENFORCEMENT. Enforcement shall be by proceedings at law or in equity against
any person or persons violating or attempting to violate any Covenant or Restriction
either to restrain violation, or to recover damages for violation thereof.
3. INVALIDATION. Invalidation of any one of these Covenants and Restrictions by
Judgment or court order shall in no way or manner affect any of the other Covenants
or Restrictions herein which shall remain in full force and effect,
IN WZSS WHEREOF, the undersigned have hereunto set their hands on this 20th
%o
............
FROG � D AND INC.(,
By /A+j
ItS
NYSTROM C STRUgT INC. :� y, •'' -
E
Lawrence B. Carlson
Marilyn L. Carlson
DECLARATION
OF
AMENDED PROTECTIVE COVENANTS AND RESTRICTIONS
FOR
LakeRidge.
KNOW ALL MEN BY THESE PRESENTS, that PROGRAMMED LAND, INC., a Minnesota Corporation,
fee owner, NYSTROM CONSTRUCTORS, INC., a Minnesota Corporation, contract purchaser, and
LAWRENCE B. CARLSON AND MARILYN L. CARLSON, his wife, contract purchasers, being all of
the fee owners and contract purchasers of all of the lots within LakeRidge, a duly platted
subdivision of land in the County of Anoka, State of Minnesota, hereby amend that certain
declaration of Protective Covenants and Restrictions dated the 20th day of November, 1979,
and filed for record on November 23, 1979 as Document No. 539474, as follows, to -wit:
I.. Paragraphs A.3 and A.5 of that certain declaration of Protective Covenants and
Restrictions dated November 20, 1979 and filed November 23, 1979 as Document No.
539474 in the office of the County Recorder in and for Anoka County, Minnesota,
are hereby terminated. In lieu thereof, the following restrictions are hereby
adopted which shall supersede and replace said paragraphs A.3 and A.5:
A. RESIDENTIAL PROTECTIVE COVENANTS AND RESTRICTIONS
3. LOT AREA AND WIDTH. Any lot on which a dwelling shall be erected, altered,
placed or permitted shall have the same dimensions and area in square feet as
said lot is now platted. This restriction shall ter minate upon the date of
the adoption and approval, by the governmental authority having jurisdiction
over the property herein, of a project for which bids have been let for the
installation of a central sanitary sewer system to service the property
• contained within the plat of LakeRidge.
5. BUILDINGS, SETBACK. No building shall be erected or placed on any lot
within a distance of 75 feet of any side boundary line of any lot herein .
without prior written approval of the Architectural Control Committee. This
restriction shall not apply to any single family dwelling- This restriction
shall terminate upon the termination of the restriction contained within
Paragraph A.3 above.
II. All other covenants and restrictions in said Protective Covenants and Restrictions
filed as Document No. 539474 shall remain in full force and effect, and, together
with the amendments contained herein, shall be construed as running with the title
to the lots contained within the plat of LakeRidge, and every part and parcel
thereof.
IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be executed
this ;' day of December, 1979.
PROGRAMMED ND,
rr Its Vice President
-' - NYSTR0M,&Q9$TRUCTORS, INC.
!'- r
...t5
-', - Lawrence B. Carlson
rilyn L. Carlson
STATE OF MINNESOTA)
) ss
COUNTY OF ANOKA )
The foregoing instrument was acknowledged before me this 18th day of December, 1979,
by William M. Edes , Vice President of PROGRAMED LAND, INC., a
Minnesota Corporation, on behalf of said corporation.
.r.v✓w.'wnn
S :r SYLVIA M. EIRITTON _ - -
2 "'
NOTARY
ANOP'A COUNTY soTn Notary Public
N
NlyCommission Expires May24,1985
500.20, 2000 Minnesota Statutes
2009 Minnesota Statutes
500.20 DEFEASIBLE ESTATES.
https: / /www.revisor.mn.gov /statutes / ?id= 500.20
Subdivision 1. Nominal conditions and limitations. When any covenants, conditions,
restrictions or extensions thereof annexed to a grant, devise or conveyance of land are, or shall
become, merely nominal, and of no actual and substantial benefit to the party or parties to whom
or in whose favor they are to be performed, they may be wholly disregarded; and a failure to
perform the same shall in no case operate as a basis of forfeiture of the lands subject thereto.
Subd. 2. [Repealed, 1982 c 500 s 5]
Subd. 2a. Restriction of duration of condition. Except for any right to reenter or to
repossess as provided in subdivision 3, all private covenants, conditions, or restrictions created
by which the title or use of real property is affected, cease to be valid and operative 30 years
after the date of the deed, or other instrument, or the date of the probate of the will, creating
them, and may be disregarded.
This subdivision does not apply to covenants, conditions, or restrictions:
(1) that were created before August 1, 1959, under which a person who owns or has an
interest in real property against which the covenants, conditions, or restrictions have been filed
claims a benefit of the covenant, condition, or restriction if the person records in the office of the
county recorder or files in the office of the registrar of titles in the county in which the real estate
affected is located, on or before March 30, 1989, a notice sworn to by the claimant or the
claimant's agent or attorney: setting forth the name of the claimant; describing the real estate
affected; describing the deed, instrument, or will creating the covenant, condition, or restriction;
and stating that the covenant, condition, or restriction is not nominal and may not be disregarded
under subdivision 1;
(2) that are created by the declaration, bylaws, floor plans, or condominium plat of a
condominium created before August 1, 1980, under chapter 515, or created on or after August 1,
1980, under chapter 515A or 51513, or by any amendments of the declaration, bylaws, floor
plans, or condominium plat;
(3) that are created by the articles of incorporation, bylaws, or proprietary leases of a
cooperative association formed under chapter 308A;
(4) that are created by a declaration or other instrument that authorizes and empowers a
corporation of which the qualification for being a stockholder or member is ownership of certain
parcels of real estate, to hold title to common real estate for the benefit of the parcels;
(5) that are created by a deed, declaration, reservation, or other instrument by which one or
more portions of a building, set of connecting or adjacent buildings, or complex or project of
related buildings and structures share support, structural components, ingress and egress, or
utility access with another portion or portions;
(6) that were created after July 31, 1959, under which a person who owns or has an interest
in real estate against which covenants, conditions, or restrictions have been filed claims a benefit
of the covenants, conditions, or restrictions if the person records in the office of the county
recorder or files in the office of the registrar of titles in the county in which the real estate
1 oft 8/3/2010 8:08 AM
500.20, 2009 Minnesota Statutes
https://www.revisor.rrffLgov/statutes/`?id=500.20
affected is located during the period commencing on the 28th anniversary of the date of the deed
or instrument, or the date of the probate of the will, creating them and ending on the 30th
anniversary, a notice as described in clause (1); or
(7) that are created by a declaration or bylaws of a common interest community created
under or governed by chapter 515B, or by any amendments thereto.
A notice filed in accordance with clause (1) or (6) delays application of this subdivision to
the covenants, conditions, or restrictions for a period ending on the later of seven years after the
date of filing of the notice, or until final judgment is entered in an action to determine the validity
of the covenants, conditions, or restrictions, provided in the case of an action the summons and
complaint must be served and a notice of lis pendens must be recorded in the office of the county
recorder or filed in the office of the registrar of titles in each county in which the real estate
affected is located within seven years after the date of recording or filing of the notice under
clause (1) or (6).
County recorders and registrars of titles shall accept for recording or filing a notice
conforming with this subdivision and charge a fee corresponding with the fee charged for filing a
notice of lis pendens of similar length. The notice may be discharged in the same manner as a
notice of lis pendens and when discharged, together with the information included with it, ceases
to constitute either actual or constructive notice.
Subd. 3. Time to assert power of termination. Hereafter any right to reenter or to repossess
land on account of breach made in a condition subsequent shall be barred unless such right is
asserted by entry or action within six years after the happening of the breach upon which such
right is predicated.
History: (8075) RL s 3234; 1937 c 487 s 1; 1982 c 500 s 1; 1988 c 477 s 1; 1989 c 144 art
2 s 9; 1993 c 222 art 5 s 2; 1999 c 11 art 3 s 18; 2005 c 119 s 1
2 of 2 8/3/2010 8:08 AM
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DRAWN By AAN
DESIGNED By TCM RECORD PLANS DATE..
BOOK PAGE:
HORIZOA?AL SCALE
CHECKED Sy TCM I inch - 20 feet ✓ERTLCAL SCALE
M Mal is other Man 2636, use daru'e1, 1 inch - NIA feet
1 hereby certify that this survey, plan, or
report was prepared by me ar under my
direct suparn.lon and that I am a Licensed
Land Surveyor under the laws of the State
OF Minnesota.
Date f'/
Trace C. McCoy
License No. 4M1531
PREPARED BY: -11.1111.1.1.1 ................
I'll Hmh..ey ea Honh MN PR ...6.21]81 , W W W6mevern
PARKING LOT IMPROVEMENTS
FOR
ANOKA SEVENTH -DAY ADVENTIST
CHURCH
15036 Round Lake Boulevard NW,
Andover, MN 55304 763 -421 -4020
EXISTING CONDITIONS /
REMOVALS
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DESIGNED By TCM RECORD PLANS DATE..
BOOK PAGE:
HORIZOA?AL SCALE
CHECKED Sy TCM I inch - 20 feet ✓ERTLCAL SCALE
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1 hereby certify that this survey, plan, or
report was prepared by me ar under my
direct suparn.lon and that I am a Licensed
Land Surveyor under the laws of the State
OF Minnesota.
Date f'/
Trace C. McCoy
License No. 4M1531
PREPARED BY: -11.1111.1.1.1 ................
I'll Hmh..ey ea Honh MN PR ...6.21]81 , W W W6mevern
PARKING LOT IMPROVEMENTS
FOR
ANOKA SEVENTH -DAY ADVENTIST
CHURCH
15036 Round Lake Boulevard NW,
Andover, MN 55304 763 -421 -4020
EXISTING CONDITIONS /
REMOVALS
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