The URL can be used to link to this page

Home My WebLink About07/12/20111685 CROSSTOWN BOULEVARD (763) 755 -8923• WWWRCIMANDOVERA (763) 756 biuu MN US Andover Planning and Zoning Commission Meeting Agenda July 12, 2011 Andover City Hall Council Chambers 7.00 n.m. 1. Call to Order 2. Approval of Minutes — March 8, 2011, May 24, 2011 3. PUBLIC HEARING: Variance (11 -01) to accessory structure height requirements of City Code 12 -6 -3 at 18046 Round Lake Boulevard NW. 4. PUBLIC HEARING: Variance (11 -02) to accessory structure location and setback requirements of City Code 12 -6 -5 at 13367 Martin Street NW. 5. PUBLIC HEARING: Conditional Use Permit (11 -02) for used vehicle sales at 3138 162A Lane NW. 6. Work Session: Commercial Development 7. Other Business 8, Adjournment 1685 CROSSTOWN BOULEVARD 755-8923 .W. - N OVER, MINNESOERA 55304 - (763) 755 -5100 TO: Planning and Zoning Commissioners FROM: Courtney Bednarz, City Planner SUBJECT: Item 2. Approval of Minutes - March 8, 2011 and May 24, 2011 DATE: July 12, 2011 Request \ The Planning and Zoning Commission is asked to approve the minutes from the March 8, 2011 and May 24, 2011 meetings. r PLANNING AND ZONING COMMISSION MEETING MARCH 8, 2011 The Regular Bi- Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Kirchoff on March 8, 2011, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Gudmundson, Val Holthus, ls Lynae Michael Olsen, and Devon Valerie n Walton. Commissioners absent: Chairperson Daninger. Also present: City Planner, Courtney Bednarz Others OATH OF OFFICE Commissioners Holthus and Olsen tools the Oath of Office. APPROVAL OF MINUTES. December 14, 2010 Motion by Cleveland, seconded by Holthus, to approve the minutes as presented. Motion carried on a 4 -ayes, 0 -nays, 2- present (Walton, Olsen) 1- absent ( Daninger) vote. PUBLIC HEARING CONDITIONAL USE PERMIT (11 -01) FOR OUTDOOR STORAGE AT ABC MINI STORAGE LOCATED AT 13624 HANSON BOULEVARD NW. Mr. Bednarz noted the purpose of this item was to hold a public hearing and take input on the application for a Conditional Use Permit at ABC Mini Storage for outdoor storage. Commissioner Olsen asked if Council had taken a position regarding the variance legislation. Mr. Bednarz responded the Council was following legal advice to issue variances very carefully. Commissioner Olsen stated it appeared the Supreme Court had limited the variance rules and had basically tied the hands of the Cities. Motion by Walton, seconded by Cleveland, to open the public hearing at 7:13 p.m. Motion carried on a 6 -ayes, 0 -nays, 1- absent ( Daninger) vote. Kraig Domogalla, ABC Mini Storage, 13624 Hanson Boulevard NW, stated he had owned the mini storage business since 2004 and he was attempting to get additional income as his property taxes have raised significantly the past few years. He noted this area would be used for boat and other outdoor storage. He noted this had a gravel base and had remained untouched since he purchased the property. He did not believe buses had been stored on the site prior to his purchase. He noted there was a back gate, but that gate was locked. He indicated hours and access would not change. He stated he would add additional cameras to cover the storage area. He stated everything that would be stored was on a month to month lease and he would not allow junk to be stored on the property. Regular Andover Planning and Zoning Commission Meeting Minutes — March 8, 2011 Page 2 Commissioner Cleveland asked what type of storage he was talking about. Mr. Domogalla stated he believed he would have approximately 22 stalls for rent. Commissioner Cleveland asked if any of the area was paved. Mr. Domogalla responded there was no pavement and there was a power line easement overhead, so he could not build any structures. He stated the best that could be done in this area was storage, which could be moved as needed. Commissioner Cleveland asked if the amount of impervious surface would be an issue. Mr. Bednarz responded that it would not. He added that east side of the site drains to Grouse Street and the pond to the south. The City Engineer had been consulted and it was his belief that the drainage would continue work the same. Commissioner Gudmundson inquired about the current snow storage. Mr. Domogalla responded he had a lot of room to put snow and if necessary he would not rent a few storage units, or he would truck it off site. Commissioner Walton asked how many people accessed his site. Mr. Domogalla responded that very few people visited the site maybe a dozen at most per day. Commissioner Gudmundson asked how would a fee be based versus an indoor unit and were all of the units now filled. Mr. Domogalla responded the fees would be half of the cost of an indoor storage and he currently had all of his units rented out except one. Commissioner Walton asked if he was on site. Mr. Domogalla responded he was on site during normal hours of operation. Commissioner Gudmundson asked if this was granted, would the landscaping, etc. need to be met. Mr. Bednarz responded they could require compliance, grant variances, or change the requirements. Commissioner Holthus asked how many variances would be necessary if this was approved. Mr. Bednarz responded three variances would need to be granted if compliance was not required. Commissioner Walton asked how tall the fence was on the backside. Mr. Domogalla responded the fence was six feet. Commissioner Walton stated there might not be an opportunity to pave the area as Xcel had the right to approve it. Commissioner Walton asked why Grouse Street could not be the main entrance. Mr. Domogalla responded Hanson Boulevard traffic allowed easy in and out traffic and he also invested $45,000 for the service road. Motion by Walton, seconded by Cleveland, to close the public hearing at 7:28 p.m. Motion carried on a 7 -ayes, 0 -nays, 1- absent (Daninger) vote. Or Regular Andover Planning and Zoning Commission Meeting Minutes — March 8, 2011 Page 3 Commissioner Olsen stated he was amicable to the idea of the CUP, but he had a concern about the variance requests due to the Supreme Court decision. He stated he understood the reason the applicant wanted the CUP. Commissioner Walton noted since the Commission was not the authority for granting this, all they could do was discuss and make a recommendation and it would be up to the City Council to either approve or disapprove the CUP. Commissioner Olsen stated his concern was that if the variance request was denied, the applicant could not apply for another year for another variance. Mr. Bednarz stated they needed to keep in mind what the findings were if they choose to approve variances and if there was potential other sites that could make similar requests. Commissioner Gudmundson stated she was concerned about the visual aspect of the request. She stated it is contrary to the city's efforts to improve sites along Bunker Lake Boulevard. She indicated she was not in favor of the CUP. Mr. Domogalla noted this was an industrial area. Commissioner Olsen believed that with the city's regulations for parking on residential lots this is a service that is needed in the community. Commissioners Cleveland, Holthus and Walton stated they were in favor of the CUP. Commissioner Olsen stated he did not have an issue with storage on the gravel. Commissioner Walton stated with respect to curb and gutter they had required paving and curb and gutter be put in for a used car dealer in a similar situation. Commissioner Olsen noted that business had cars parked on and it was being used as a parking lot. Chairperson Kirchoff noted there was another site within the other industrial park where full compliance was not required. Mr. Bednarz stated that was correct. He added that using the interim performance standards established for that area the Council required improvements to the front parking area adjacent to the street, but not to the yard at the rear of the lot. Commissioner Cleveland believed if the applicant needed to meet all of these requirements, he would be out of business. He noted this was a unique property and business. Commissioner Gudmundson stated she did not agree with waiving the paving requirement and she also wanted to see curbing. It was the consensus of a majority of Commissioners that they were comfortable with gravel and there was not a need for additional curbing. Commission Cleveland stated he would like to see an effort with respect to landscaping. Mr. Domogalla stated the hard part with landscaping was that there was very little area for Regular Andover Planning and Zoning Commission Meeting Minutes — March 8, 2011 Page 4 landscaping and Xcel had removed what landscaping there was, with the exception of five trees. He stated this site had been there a long time and it was a unique site. Commissioner Cleveland asked if he could plant shorter trees along the Xcel line. Mr. Domogalla responded Xcel would need to approve anything along their line and the trees removed were not that tall. Chairperson Kirchoff asked if he could do anything along the fence line. Mr. Domogalla responded the fence was on the property line. He could put landscaping on the outside of the fence in the right -of -way, but there was no irrigation in that area. He stated on the inside of the fence behind the slats would be less visible. Commissioner Olsen asked if the city would allow planting in the right -of -way. Mr. Bednarz stated that they would prefer not to, but if it were required and the constraints of the site made it necessary, the minimum distance from the back of the curb would be eight feet. Commissioner Cleveland asked if planters outside the fence could be used. Mr. Bednarz responded staff would prefer to not have any planters in the right -of -way. Commissioner Olsen asked if there were any security issues with the slatted fence. Mr. Domogalla responded he has not had any issues and he would be putting cameras in the back. He noted the gate also closed automatically at 6:00 p.m. Chairperson Kirchoff stated he believed they were looking at screening in lieu of landscaping. Commissioner Walton suggested the items in the storage area be covered with a material that was the same color to blend into the color of the building. He stated any funds given to landscaping should maybe be put towards additional screening or a taller fence. Mr. Bednarz stated the Commission could recommend a taller fence. He noted a ten foot fence would require a building permit. Commissioner Gudmundson stated she still had a concern regarding the visual aspect of the property and she would like additional landscaping. It was the Commissions consensus to not require the 20 -foot setback for front yard parking area setback. Commissioner Cleveland stated he was in favor of sending this to the Council with the recommendation for the three variances. Commissioner Holthus stated she did not believe it was necessary to put in an entire new fence. She agreed with the other variances. Commissioner Gudmundson stated she would not approve this request. She did not believe there was a hardship shown and she wanted the applicant to comply with the ordinances. Commissioner Walton responded he was in favor of the CUP. He recommended that something be done to bring monotone coloring to everything that was back there. r� r Regular Andover Planning and Zoning Commission Meeting Minutes — March 8, 2011 Page 5 Chairperson Kirchoff did not believe there was a material change to this property, but rather just a use change. Motion by Holthus, seconded by Cleveland, to recommend to the City Council approval of Resolution No. R , to approve a Conditional Use Permit for Outdoor Storage for ABC Mini Storage as written with the recommendation fresh Class 5 be put down in the storage area. Motion carried on a 4 -ayes, 2 -nays (Gudmundson, Olsen), 1- absent (Daninger) vote. OTHER B USINESS. Mr. Bednarz updated the Planning Commission on related items. ADJOURNMENT. Motion by Holthus, seconded by Gudmundson, to adjourn the meeting at 8:15 p.m. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Daninger) vote. Respectfully Submitted, Kathleen Altman, Recording Secretary Timesaver Off Site Secretarial, Inc. R PLANNING AND ZONING COMMISSION MEETING — MAY 24, 2011 The Regular Bi- Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Daninger on May 24, 2011, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Chairperson Daninger, Commissioners Valerie Holthus, Tim Kirchoff, and Michael Olsen. Commissioners absent: Commissioners Dennis Cleveland, Lynae Gudmundson, and Devon Walton. Also present: City Planner, Courtney Bednarz City Administrator, Jim Dickinson Others OATH OF OFFICE. Chairperson Daninger recited the Oath of Office. APPROVAL OF MINUTES. March 8, 2011 Chairperson Daninger indicated that due to the lack of a quorum of members who had attended the March 8, 2011 meeting, the approval of minutes would be tabled to the next meeting. REVIEW PROPOSED ADOPTION OFA MODIFICATION TO THE DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT NO.1 AND THE PROPOSED ADOPTION OF THE MODIFICATION TO THE TAX INCREMENT FINANCING PLANS FOR TAX INCREMENT DISTRICT NOS. 1 -1 AND 1 -2, BOTHREDEVELOPMENT DISTRICTS. Mr. Dickinson, noted as the Economic Development Authority (EDA) moves towards the completion of tax increment districts that have facilitated the redevelopment of property near the closed landfill site building community market value and removing blight, the EDA is now looking at additional opportunities not originally planned for and continue Regular Andover Planning and Zoning Commission Meeting Minutes — May 24, 201.1 Page 2 to build value and eliminate blight within the established development district. Staff reviewed the location of the development district and TIF districts 1 -1 and 1 -2. Mr. Dickinson noted that TIF District 1 -1 expires in 2012, while TIF District 1 -2 expires in 2014. The City needs to consider what else needs to be accomplished in the community. The EDA has interest in acquiring blighted housing west of Crosstown Boulevard and east of Crosstown Drive and seek other blighted housing within a designated area. Mr Dickinson showed a map depicting that general area of the City and development district. Mr. Dickinson reviewed the tax increment district information fiu-ther with the Commission. Chairperson Daninger clarified what action was required from the Planning Commission this evening. Mr. Dickinson stated staff was seeking review by the Planning Commission if the modifications are consistent with the City's Comprehensive Plan. Commissioner Olsen questioned if the TIF district timelines would be extended through the proposed modifications. Mr. Dickinson stated the timelines would remain the same and the district would not be extended beyond the 25 year framework. He noted both districts were debt free with positive increment available for redevelopment activities. Commissioner Olsen inquired if the City would be using eminent domain to acquire blighted housing. Mr. Dickinson did not feel this would be necessary as the City would approach willing sellers, but Mr. Dickinson did qualify that it still is a tool available to the City. Commissioner Holthus felt different portions of the housing stock within the City would align better with the Comprehensive Plan than others. Mr. Bednarz stated the proposed area for potential acquisition for blighted housing would be the area up for review against the goals and objectives of the Comprehensive Plan. Commissioner Holthus asked if any commercial businesses would be proposed for redevelopment in this area. Mr. Dickinson indicated acquisition of commercial property was not being proposed at this time. Commissioner Kirchoff questioned if any properties would be rezoned through acquisition. Mr. Dickinson stated the City would acquire the parcels and then likely work with a developer to create a mixed use development. The City would have to meet basic developmental criteria through the Met Council. Any changes to the Comprehensive Plan would be reviewed by the Planning Commission. Chairperson Daninger inquired how the new district would change the current boundaries of TIF districts 1 -1 and 1 -2. Mr. Dickinson stated no new district is being created, the i M Regular Andover Planning and Zoning Commission Meeting Minutes — May 24, 2011 Page 3 boundaries would remain intact but dollars created by development within the current districts could be expended throughout the proposed acquisition area. Chairperson Daninger questioned who developed the potential acquisition area boundary. Mr. Dickinson explained this was reviewed by the EDA and recommended by staff. Commissioner Olsen questioned if the City would need to bond for proposed housing acquisitions over the next several years. Mr. Dickinson stated the City could bond, but did not feel this would be necessary given the positive cash flow in the TIF districts and the limited time frame. Commissioner Holthus explained one of the main goals within the Comprehensive Plan was to maintain and enhance the quality of life to Andover residents. She felt the proposed modifications met this requirement and aligned with the five year housing plan. She further reviewed the goals offering support for the proposed modifications to the TIF plan. Commissioner Holthus asked what advantage the City would have if using a developer to create a housing proposal from the acquired blighted sites. Mr. Dickinson stated the limited timeframe available to the City may not allow this to happen. However, if this did occur, the City could choose to provide a subsidy for the development and assist with City utilities and infrastructure. Motion by Kirchoff, seconded by Holthus, to recommend approval, finding the proposed modifications to be consistent with the Comprehensive Plan. Motion carried on a 4 -ayes, 0 -nays, 3- absent (Cleveland, Gudmundson, Walton) vote. Mr. Bednarz stated that this item would be before the Council as a public hearing at the June 7, 2011 City Council meeting. PUBLIC HEARING: CONSIDER CHANGES TO CITY CODE TO COMPLY WITH VARIANCE LEGISLATION ENACTED BY THE STATE OF MINNESOTA. Mr. Bednarz noted the purpose of this item is to hold a public hearing and take input on the changes to the City Code that are needed to comply with recent changes in State law regarding variances. Mr. Bednarz reviewed the proposed code changes with the Commission. Commissioner Kirchoff questioned if the variance references in different sections of the code were being refined to reference one set of criteria for variances. Mr. Bednarz stated this was the case. Commissioner Olsen agreed with the proposed amendments but asked if the language regarding prohibited uses should remain as is. Mr. Bednarz stated variances have not Regular Andover Planning and Zoning Commission Meeting Minutes — May 24, 2011 Page 4 been allowed in the past for uses not permitted in a zoning district. Instead the City would have to amend City Code. Commissioner Olsen indicated it would be interesting to see how the proposed changes would affect the number of variances requested from the public. Chairperson Daninger clarified that an economic hardship was still not a reason to grant a variance within the proposed language. Mr. Bednarz stated this was the case. Chairperson Daninger asked for clarification of the proposed changes concerning lot splits. Mr. Bednarz stated the proposed changes would continue to allow variances to be approved as part of a lot split application without a separate variance application as has been done in the past. He added that administrative lot splits that do not require a public hearing would be required to submit a variance application and go through that public hearing process. Chairperson Daninger asked if the City had a choice with these new standards. Mr. Bednarz indicated the City would be best served by aligning City Code with State regulations. Commissioner Olsen asked if the City could be more restrictive than the regulations passed along by the State. Mr. Bednarz explained the City could use the review criteria #1 to determine if a request is out of character with the intent of the applicable requirement. Chairperson Daninger commented the City may have to review the City Code in the future after several variance requests had run through the new process. Motion by Olsen, seconded by Kirchoff, to open the public hearing at 8:01 p.m. Motion carried on a 4 -ayes, 0 -nays, 3- absent (Cleveland, Gudmundson, Walton) vote. Motion by Olsen, seconded by Holthus, to close the public hearing at 8:01 p.m. Motion carried on a 4 -ayes, 0 -nays, 3- absent (Cleveland, Gudmundson, Walton) vote. Commissioner Olsen stated he was in favor of the Code amendments presented this evening. He felt the Council and Planning Commission would have to complete subjective analysis to approve future variances. Motion by Holthus, seconded by Kirchoff, to recommend to the City Council the presented and proposed amendments to City Code regarding variance legislation. Motion carried on a 4 -ayes, 0 -nays, 3- absent (Cleveland, Gudmundson, Walton) vote. Mr. Bednarz stated that this item would be before the Council at the June 7, 2011 City Council meeting. 4 i Regular Andover Planning and Zoning Commission Meeting Minutes — May 24, 2011 Page 5 WORK SESSION. DISCUSS STATUS OF PLANNING AND DEVELOPMENT. Mr. Bednarz noted one of the topics discussed at the joint workshop with the City Council was how to engage the Planning Commission in an open ended discussion beyond application and ordinance amendments to longer term planning for the City. Chairperson Daninger explained the Council was seeking comments from the Commission on the future vision for the City of Andover. He suggested the Commission propose ideas or issues that were of interest. Commissioner Olsen suggested the Commission address the need for a more diversified tax base to support the City. He noted that only 2% of the city is zoned for commercial development and stated the Commission and Council could discuss what would be the proper percentage of commercial property in the City. Commissioner Olsen indicated he would like to see the permitted conditional and prohibited use chart within the City's ordinances streamlined so that it is not misleading. Chairperson Daninger suggested the City review transportation and how it affects the City. This was always a concern to residents and felt it was a good point of discussion. Commissioner Holthus stated she would like to see the City continue to pursue Open Space. This greatly improved the quality of life for the residents in Andover. In addition, the larger parks in the City should offer more amenities. She added that she would like to see improved public transportation. The bike trails in the City could tie into the County /regional trains and create more loop trails. She stated increased commercial development would greatly benefit the City and its residents. Commissioner Kirchoff indicated it would be interesting for the City to pursue additional employment opportunities in the City of Andover such as a corporate campus. This would allow people to live and work in the City. Commissioner Holthus stated additional programming for junior high students would also be a benefit to the city. Chairperson Daninger noted the intent of this discussion was for the City to remain proactive versus reactive. He suggested a joint meeting between the Planning Commission and the Park Commission to further discuss park and trail issues. Mr. Bednarz thanked the Commission for their input and stated he would compile a list of priorities and bring this to the Commission at a future meeting. OTHER BUSINESS. Regular Andover Planning and Zoning Commission Meeting Minutes — May 24, 2011 Page 6 Mr. Bednarz updated the Planning Commission on related items. Mr. Bednarz stated Fun Fest was scheduled for July Stn - 9tn and the committee was still seeking volunteers for the event. ADJOURNMENT. Motion by Holthus, seconded by Kirchoff, to adjourn the meeting at 8:26 p.m. Motion carried on a 4 -ayes, Q -nays, 3- absent (Cleveland, Gudmundson, Walton) vote. Respectfully Submitted, Heidi Guenther, Recording Secretary Timesaver Off Site Secretarial, Inc. i 1685 CROSSTOWN BOULEVARD N.W. ® ANDOVER, MINNESOTA 55304 0 (763) 755 -5100 FAX (763) 755 -8923 m WWW.CI.ANDOVER.MN.US TO: Planning and Zoning Commissioners FROM: Courtney Bednarz, City Planner SUBJECT: PUBLIC HEARING: Variance (11 -01) to accessory structure height requirements of City Code 12 -6 -3 at 18046 Round Lake Boulevard NW DATE: July 12, 2011 INTRODUCTION The applicant is requesting a variance to construct an accessory structure with a roof peak that would exceed the peak of the house roof. City Code 12 -6 -3 does not permit accessory structures to exceed the height of the house. DISCUSSION The existing house is a rambler style home with a roof peak that is 15 feet in height near the front entrance and 17 feet in height at the south end of the house which features a lookout basement. The proposed accessory structure would have a peak height of 18 feet, 8 inches. The applicant has indicated that the accessory structure needs the additional height to allow for overhead storage. Staff worked with the applicant to determine if a larger accessory structure could be constructed to allow sufficient storage. Unfortunately, the proposed structure would maximize the amount of accessory structure space that is allowed on the property. The attachments provide additional information about the proposed accessory structure, including a letter from the applicant. Review Criteria The city has adopted the new standards for variances to conform with state statute. City Code 12 -14 -7 is attached. ACTION REQUESTED The Planning Commission is asked to compare the variance request with the review criteria of City Code 12 -14 -7. Any recommendation by the Commission should include findings either for or against the proposed variance based on the form provided in the attached resolution. Attachments Resolution Location Map Applicant's Letter Site Drawing Photographs Accessory Structure Details City Code 12 -14 -7 City R fitted, �BG r Cc: Chris Hagestuen 18046 Round Lake Boulevard NW CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION APPROVING/DENYING A VARIANCE TO THE GARAGE HEIGHT REQUIREMENTS OF CITY CODE 12 -6 -3 FOR PROPERTY LOCATED AT 18046 ROUND LAKE BOULEVARD NW LEGALLY DESCRIBED ON EXHIBIT A WHEREAS, the Planning Commission has held a public hearing and reviewed the request to vary from City Code 12 -6 -3 to allow an accessory structure to exceed the height of the existing home, and; WHEREAS, the City Council has received the recommendation of the Planning Commission, and; WHEREAS, the City Council finds the request is /is not in harmony with the purposes and intent of the ordinance because WHEREAS, the City Council finds the request is /is not consistent with the Comprehensive Plan because WHEREAS, the City Council finds the property owner does /does not intend to use the property in a reasonable manner not permitted by the ordinance because WHEREAS, the City Council finds there are /are not circumstances unique to the property that were not created by the landowner because WHEREAS, the City Council finds the variance will /will not maintain the essential character of the locality because NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover approves /denies the proposed variance request to allow an accessory structure to exceed the height of the principal structure based upon the findings in this resolution and with the following conditions: 1. The peak roof height of the accessory structure shall not exceed 18 feet 8 inches. 2. The variance shall be subject to a sunset clause as provided in 12 -14 -7 E.6. Adopted by the City Council of the City of Andover on this th day of 2011. CITY OF ANDOVER ATTEST: Michelle Hartner, Deputy City Clerk Michael R. Gamache, Mayor r EXHIBIT A Resolution Legal Description 18046 Round Lake Boulevard NW 05- 32 -24 -11 -0001 THAT PART OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 5 TOWNSHIP 32 RANGE 24 DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID QUARTER QUARTER, THENCE SOUTH ALONG THE EAST LINE THEREOF 315.15 FEET, THENCE WEST PARALELL WITH THE NORTH LINE OF SAID QUARTER QUARTER 330 FEET, THENCE NORTH PARLELL WITH THE EAST LINE OF SAID QUARTER QUARTER 315.15 FT TO THE NORTH LINE OF SAID QUARTER QUARTER, THENCE EAST ALONG SAID NORTH LINE 330 FEET TO THE POINT OF BEGINNING, EXCEPT ROADS, SUBJECT TO EASEMENTS OF RECORD 12 -14 -7: VARIANCES: A. The City Council, as authorized by Minn. Stat. 462.354 subdivision 2, and Minn. Stat. 462.357, subdivision 6, shall have the authority to hear requests for variances from the requirements of the zoning ordinance and other sections of the City Code where variances are authorized, including restrictions placed on nonconformities. (Amended Ord. 8, 10 -21 -1970, Ord. 314, 10 -4 -2005; Amended Ord. 407, 6- 21 -11) B. Review Criteria: 1. Variances shall only be permitted when they are in harmony with the general purposes and intent of the official control and when the variances are consistent with the comprehensive plan. (Amended Ord. 407, 6- 21 -11) 2. Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the official control. "Practical difficulties," as used in connection with the granting of a variance, means: a. The property owner proposes to use the property in a reasonable manner not permitted by an official control; b. The plight of the landowner is due to circumstances unique to the property not created by the landowner; c. The variance, if granted, will not alter the essential character of the locality; d. Economic considerations alone do not constitute practical difficulties. (Amended Ord. 407, 6- 21 -11) C. Conditions Authorized: The City Council may impose conditions in the granting of variances. A condition must be directly related to and must bear a rough proportionality to the impact created by the variance. (Amended Ord. 407, 6- 21 -11) D. Specific Variances Authorized: No variance may be granted that would allow any use that is not allowed in the zoning district in which the subject property is located, except as follows: (Amended Ord. 407, 6- 21 -11) 1. Variances shall be granted for earth sheltered construction as defined in Minn. Stat. 216C.06, subdivision 14, when in harmony with the official controls. (Amended Ord. 407, 6- 21 -11) 2. Variances may be granted for the temporary use of a one family dwelling as a two family dwelling. (Amended Ord. 407, 6- 21 -11) E. Procedure: The procedure for granting variances is as follows: Variance Accessory Strucutre Height 18046 Round Lake Boulevard Oak Grove Location Map 3160 3028 18000 18015 17975 17924 17924 ...... .. - ---------- - - ---- --- 17925 3385 [ 3345 3315 17865 I 3445 3521 ... . .... . ....... . ....... I-N 3426 3384 3014 -------- 3520 17762 . ......... . . ....... 3385 17845 0 17752 17753 17726 17726 17 .. . ........ . . ....... ..... 17725 17702 17708 17709 ,61 --- --- -- - - - 1 T ------ F I am requesting a variance for Garage /Accessory Building height. My home is on the north border of Andover in a rural area. I looked into the building codes when I purchased my home in 2006 and understood that I could add an accessory structure as long as the roof peak was not higher than my house. I also looked at many different houses on smaller lots than mine that have outbuildings that are taller than the house. Given the fact that I have a lower area on my property I felt it would be no problem to build a Gambrel Style garage with second floor storage. This spring we decided to start the project and while discussing with the city realized the code is interpreted to mean the height of the roof measured from the front door grade. I have an area on my property that is lower than my house in a heavily wooded area with a 5 foot burm that runs along the length of my property. The burin would block the view of the lower part of the garage. My current house is 15 feet from the grade at the front door to the roof peak. The south end of my house it is approximately 17 feet high. The garage I am proposing would be 18 feet 8 inches high. The roof peak would still be lower than the peak of my house and would fit with the styles of other homes in the area. It is difficult to meet the height requirements with a narrow rambler style home. My home is only 24 feet wide and built at grade level. I would assume that is about the worst case scenario for a roof height in the Andover. The hardship that I am facing is we run a daycare out of half of our 2200 sq ft home with 3 of our own children and another on the way. We currently have 3 vehicles(one for daycare), a trailer, a small tractor for maintenance, and all of the other things that go along with running an in home daycare(bikes, toys, etc.) and maintaining a larger property. We currently have a 2 car garage for storage. This means we leave a lot of things out in the yard because we have no place to store them. We would like the have the extra storage in the second level for out of season things and maintenance equipment. Chris Hagestuen YG4 "'' •�. 'i af�ai > r: ;S. , 76-Be' d _sewage treatment System Design > •:1rnr•esriUrT'ORGOYERtiibfEl4T: ❑APPROVEDi County Hwy 56 J i il^ �� I 0 o L a . 4 well 0 r fli�- ID NO: 121 DESIGN WORKSHEETS REQUIRED a d a v z 6 a c D C: c 3 T 4� 0 a U System Design, Page 2 of 2 I 44d fendhouse nO disp sal new 1500 gal septic to 4 —� driveway ara' slab ge II i o l oraoe _ — ench Mark � 1200 gat lift station !{ with a:arn. LP (��yy �y 9I lc1 i0G0 sq.ft. pressure bed i sal 9' rock under pipe. 67' 4 Laterals 1/4' every 3' \Center manifold. wooded area pQfCY Sl \ ' ped drninfield area is wooded cec. ( o a d a v z 6 a c D C: c 3 T 4� 0 a U System Design, Page 2 of 2 I ss: Ito %w k rr l�tji k t i - v 1 � sff "JiO�, f Ix C j �Tp gIAA 4 •. `. �1. Z��hb Y.S. �T if � L.1 t _ � l ' ors a r� G ^'v r r fa f g'- ` 'ate : Y a •Qr �� '' `�:� Y jr � ... if 4rFit I 1, iEy \y� 4 f r 1x11 4 'pfd a wlmP, � • : _ voQ r `- - __ _ - - .•mac ---,.. - � .. r Design # 23675 �re Here are the wall configurations for your design. Illustration May Not Depict All Options Selected 3 X 6-8" Gable Front View 11 - CM16 -PANEL STEEL DOOR PH36X80 LH SB 1� - 36X24 SELECT 100 SLID IGPC2SG3020 Eave Front View (3) - 8X7 WHITE INSUL RAISEDPNLEZSETTORSN M4SV Building Size: 26 feet wide X 30 feet long X 8 feet high Approximate Peak Height: 18 feet 8 inches (224 inches) Page2of3 512712011 Eave Back View Menards proyided material estimates are intended as a general construction aid and have been calculated using typical construction methods. Because of the wide variable in codes and site restrictions, all final plans and material lists must be verified with your local zoning office, architect andlor builder for building design and code compliance. Menards is a supplier of construction materials and does not assume liability for design, engineering or the completeness of any material lists provided. Underground electrical, phone and gas lines should be located and marked before your building plans are finalized. Remember to use safety equipment including dust masks and sight and hearing protection during construction to ensure a positive building experience. MENAR'DS` Illustration May Not Depict All Options Selected Helpful Hints for Room In Attic Garage Construction Trusses can not be cut or modified. Page3of3 512712011 Increased loading for the floor is included in the room area only. Trusses estimated do not include eave overhangs, material to hand frame the overhangs is included in the estimate. Review the truss spec sheet for overall truss dimensions and room size. Additional truss designs are available that can include eave overhangs or additional room sizes. See a Building Materials team member for more infomation. Dormers as well as other stair designs are possible. To receive a custom estimate, see a Building Materials team member for details. Stair materials included for this estimate are based on the stairs being placed at the end of your garage. Additional construction materials will be needed to move the stairs to another location in the garage. Review all door and window placement to avoid overlap of stairs. Eave overhang roof steel must be field cut to proper length. �enards provided material estimates are intended as a general construction aid and have been calculated using typical construction methods. Because of the wide variable in ;odes and site restrictions, all final plans and material lists must be verified with your local zoning office, architect andlor builder for building design and code compliance. Nenards is a supplier of construction materials and does not assume liability for design, engineering or the completeness of any material lists provided. Underground electrical, )hone and gas lines should be located and marked before your building plans are finalize( . Remember to use safety equipment including dust masks and sight and hearing )rotection during construction to ensure a positive building experience. City Code 12 -14 -7 f 12 -14 -7: VARIANCES A. The City Council, as authorized by Minn. Stat. 462.354 subdivision 2, and Minn. Stat. 462.357, subdivision 6, shall have the authority to hear requests for variances from the requirements of the zoning ordinance and other sections of the City Code where variances are authorized, including restrictions placed on nonconformities. (Amended Ord. 8, 10 -21 -1970, Ord. 314, 10 -4 -2005; Amended Ord. 407, 6- 21 -11) B. Review Criteria: 1. Variances shall only be permitted when they are in harmony with the general purposes and intent of the official control and when the variances are consistent with the comprehensive plan. (Amended Ord. 407, 6- 21 -11) 2. Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the official control. "Practical difficulties, ".as used in connection with the granting of a variance, means: a. The property owner proposes to use the property in a reasonable manner not permitted by an official control; b. The plight of the landowner is due to circumstances unique to the property not created by the landowner; c. The variance, if granted, will not alter the essential character of the locality; d. Economic considerations alone do not constitute practical difficulties. (Amended Ord. 407, 6- 21 -11) C. Conditions Authorized: The City Council may impose conditions in the granting of variances. A condition must be directly related to and must bear a rough proportionality to the impact created by the variance. (Amended Ord. 407, 6- 21 -11) D. Specific Variances Authorized: No variance may be granted that would allow any use that is not allowed in the zoning district in which the subject property is located, except as follows: (Amended Ord. 407, 6- 21 -11) 1. Variances shall be granted for earth sheltered construction as defined in Minn. Stat. 216C.06, subdivision 14, when in harmony with the official controls. (Amended Ord. 407, 6- 21 -11) 2. Variances may be granted for the temporary use of a one family dwelling as a two family dwelling. (Amended Ord. 407, 6- 21 -11) City Code 12 -14 -7 E. Procedure: The procedure for granting variances is as follows: 1. Request For Variance; Fee: A person desiring a variance shall fill out and submit to the Community Development Director a request for variance application form together with a fee as set forth by ordinance. A public hearing shall be held by the Planning Commission as provided in City Code 12 -14 -8. (Amended Ord. 342, 3 -6 -07; Amended Ord. 407, 6- 21 -11) 2. Planning and Zoning Commission Review: A public hearing shall be held by the Planning and Zoning Commission as provided in City Code 12 -14 -8. The Planning Commission shall make a recommendation to the City. Council based upon the provisions of City Code 12 -14 -7. (Amended Ord. 407, 6- 21 -11) 3. City Council Action: The City Council may grant the variance based upon the provisions of City Code 12 -14 -7 request if it will be in keeping with the spirit and intent of this title and if it finds that strict enforcement of this title will cause undue hardships because of circumstances unique to the individual property under consideration. Economic considerations shall not constitute an undue hardship if reasonable use of the property exists under the terms of this title. (Amended Ord. 407, 6- 21 -11) 4. Appeals: The petitioner, if appealing an interpretation of this title by an employee of the city which would require him /her to obtain a variance, shall have the fee refunded if his /her appeal is upheld by the City Council. 5. Emergency Variance Requests: The City Council may waive Planning and Zoning Commission review and take immediate action on emergency variance requests that affect the immediate health, safety and welfare of the citizens of Andover or if time constraints present severe hardship to the applicant. The applicant is required to show the immediacy of the issue and the potential health, safety or welfare threat. The City Council shall determine if the request warrants immediate review. (Amended Ord. 407, 6- 21 -11) 6. Time Limit On Implementing Variance: If the City Council determines that no significant progress has been made in the first twelve (12) months after the approval of the variance, the variance will be null and void. (Amended Ord. 8, 1 See subsection 1 -7 -3H of this code. City Code 12 -6 -3 CHAPTER ACCESSORY BUILDINGS AND TEMPORARY STRUCTURES SECTION: 12 -6 -1: Definition 12 -6 -2: Construction Prior To Principal Building 12 -6 -3: Building Height 12 -6 -4: Size And Construction Requirements 12 -6 -5: Location And Setback Requirements 12 -6 -6: Use Restrictions 12 -6 -7: Temporary Structures 12 -6 -1: DEFINITION: For the purpose of this chapter, "accessory building" shall mean garages and sheds. (Ord. 8NNNNNN, 7 -16 -2002) 12 -6 -2: CONSTRUCTION PRIOR TO PRINCIPAL BUILDING: No accessory building or use shall be constructed or developed on a lot prior to the time of construction of the principal building except by Conditional Use Permit. (Ord. 8NNNNNN, 7 -16 -2002) 12 -6 -3: BUILDING HEIGHT: A. Residential District: No accessory building in a residential area shall exceed the height of the principal structure except subject to Subsection 12 -4 -5F and Section 12 -14 -23 of this title, and shall not exceed fifteen feet (16) in height in the R -4 zoning district. B. Business Or Industrial District: No accessory building in a commercial or industrial district shall exceed the height of the principal building except by conditional use permit. (Ord. 8NNNNNN, 7 -16 -2002) 12 -6 -4: SIZE AND CONSTRUCTION REQUIREMENTS: A. Accessory buildings on a residential parcel of five (5) acres or less shall be as stated below. However, in the case where the accessory building serves to satisfy the minimum garage requirements as specified in Section 12 -3 -5 of this title, the garage will not be calculated in the accessory building square footage requirement. B. The accessory buildings on a residential parcel with a lot area of five 1685 CROSSTOWN BOULEVARD N.W. + ANDOVER, MINNESOTA 55304 + (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Planning and Zoning Commissioners FROM: Courtney Bednarz, City Planne SUBJECT: PUBLIC HEARING: Variance (11 -02) to accessory structure location and setback requirements of City Code 12 -6 -5 at 13367 Martin Street NW. DATE: July 12, 2011 INTRODUCTION The applicant is requesting a variance to allow an existing accessory structure to remain at its present location in the front yard of the property. City Code 12 -6 -5 (attached) does not permit accessory structures to be located in front of the principal structure in this area of the city. DISCUSSION The attached survey and photographs show the location of the accessory structure in relation to the house. The attached letter provided by the applicant addresses the difficulty in locating the accessory structure in compliance with the City Code. In discussing the variance request with the applicant staff indicated that there appears to be room to locate the accessory structure along the side of the garage in compliance with the City Code. Review Criteria The city has adopted the new standards for variances to conform with state statute. City Code 12 -14 -7 is attached. ACTION REQUESTED The Planning Commission is asked to compare the variance request with the review criteria of City Code 12 -14 -7. Any recommendation by the Commission should include findings either for or against the proposed variance based on the form provided in the attached resolution. Attachments Resolution Location Map Applicant's Letter Survey Photographs City Code 12 -6 -5 City Code 12 -14 -7 Re liectftillbmi ed, j y ey e narz � . Cc: Christina Collison 13367 Martin Street NW CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION APPROVING/DENYING A VARIANCE TO THE ACCESSORY STRUCTURE LOCATION AND SETBACK REQUIREMENTS OF CITY CODE 12 -6 -5 FOR PROPERTY LOCATED AT 13367 MARTIN STREET LEGALLY DESCRIBED AS LOT 4, BLOCK 2, EMERALD GLEN, ANOKA COUNTY, MINNESOTA WHEREAS, the Planning Commission has held a public hearing and reviewed the request to vary from City Code 12 -6 -5 to allow an existing accessory structure to remain located in front of the existing house, and; WHEREAS, the City Council has received the recommendation of the Planning Commission, and; WHEREAS, the City Council finds the request is /is not in harmony with the purposes and intent of the ordinance because WHEREAS, the City Council finds the request is /is not consistent with the Comprehensive Plan because WHEREAS, the City Council finds the property owner does /does not intend to use the property in a reasonable manner not permitted by the ordinance because WHEREAS, the City Council finds there are /are not circumstances unique to the property that were not created by the landowner because WHEREAS, the City Council finds the variance will /will not maintain the essential character of the locality because NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover approves /denies the proposed variance request to allow an accessory structure to remain located in front of the existing house based upon the findings in this resolution. Adopted by the City Council of the City of Andover on this _th day of , 2011. CITY OF ANDOVER ATTEST: Michael R. Gamache, Mayor Michelle Hartner, Deputy City Clerk lip Variance Location Map Accessory Structure Location and Setback Requirements 13367 Martin Street NW IF I r "0 13351 13335 �l 3 318) (fl)l 3 319 - ----------- ------ Ax= 17 Coon Rapids Onm� �M E 11 N W S 13351 13335 �l 3 318) (fl)l 3 319 - ----------- ------ Ax= 17 Coon Rapids Onm� �M E 11 N W S Specific hardship: Last year, we checked into locating a decorative fence and a shed in our side yard. Our home sits on an irregular shaped corner lot, but there is plenty of room on the north side of the house to locate a shed and the split -rail fence would be added for landscaping/decorative purposes only. I went to the city and spoke with Cameron there who informed me of the setback requirements and that the fence could not be placed there due to utility and drainage easements in that location, but that the shed easements could be met there. I filled out an application for a permit for the shed to be installed and then realized that the size of the shed did not require a permit. We installed the retaining wall and shed, painted, landscaped, and planted flowers and rock to accentuate it and tie it into our house. Beautiful! Looks great and functional too. Then, we received a letter stating that the shed could not be in the front yard. We had never considered this to be the front yard and thought there must be a mistake. Now we understand that it is considered the front yard if it is located in front of the front wall of the garage. We installed this shed in good faith. We had done the checking with the city that was required of us prior to installing the retaining wall and doing any work. The regulation causes hardship because: 1. The shape of the lot is irregular and we do not have the backyard space of a typical lot 2. As a result the only way to meet the requirements is to not have a shed 3. Most of the useable space is eliminated by having to locate the shed behind the front wall of the garage 4. The only area where there is physically enough space to locate the shed behind the front wall of the garage is a drainage area with a relatively steep slope /grade and would require the removal of several mature trees. 5. The shed was located in a space where it is aesthetically pleasing to the eye, is secluded in the trees, and does not affect my neighbors nor my view. 6. The structure would be very difficult and costly to relocate and would cause drainage issues between the houses. Thank you for your consideration in approving this variance request. Jim and Christina Collison Y le I it I li UARTGE "L OR SWATL UE VIINIMUffi Yr ABOVE EXISTING STREET GRADE WITH MAXIMUM SLOPE OF 10 PERCENT. nL IOZ Lot 4,. Block 2, EMERALD CLEM • Proposed building informalion must lbe chedked with approved billlldin4 plan before v.ccavallon and construction. -(no OnIv c==rfto chom cm limm Plata of ward W infomm"Icin pmvldz4 by GlIcirl. NaTotycorkify Rratthlo Is a tm md co=t m, reessiatim of a 3umy of ft If cry, from or on ev-Fd [crid. signed 93 yffE Alrasch Kim Established in 1952 Q72 (NV0jCr.N0. 35728 r, JUI—'0 _606-22 SrCALE 1" 20 ' 0 Denotes I-On.paonumon" -NMESOTA 'Ji 0 Denotes Wood Hub Set 4%venue No-& 5604098 For Eitcavation Only T & D HOMES Minneapolis, Rommenotm 55428 K000.0. Denotes. ENluting Elevation Denotes Proposed Elavalion Property located in Section F',y''!"`sLa Denotes Surlqca Drainage 34, Township 32, Range 24, Anoka County, Minnesota A/ P, oposed —lop of Bloc!t Proposed Garage Floor �ff 9 Proposed Lowest Floor ASS --S APPROVED SY M 9 V) SUM Type Of a Ilding - 7 MUST BE Oil JOB SN E FN YOCTING 1145PECOOL UARTGE "L OR SWATL UE VIINIMUffi Yr ABOVE EXISTING STREET GRADE WITH MAXIMUM SLOPE OF 10 PERCENT. nL IOZ Lot 4,. Block 2, EMERALD CLEM • Proposed building informalion must lbe chedked with approved billlldin4 plan before v.ccavallon and construction. -(no OnIv c==rfto chom cm limm Plata of ward W infomm"Icin pmvldz4 by GlIcirl. NaTotycorkify Rratthlo Is a tm md co=t m, reessiatim of a 3umy of ft If cry, from or on ev-Fd [crid. signed 93 yffE Alrasch Kim .t r rs ?v r > ti f J r rs z. y } - >t7 1 44 � 5 Iv - �ve'�3 ^ r \tj #xp�f� -� `,rf�r , 1 ys� �,� \.�♦ s ra` "' is t 71 Al Pro At .kf .p,T'. _ -• Iii �(w t t„*� c [F WAs ?v r > z. y } - >t7 1 44 � 5 Iv - �ve'�3 ^ r \tj #xp�f� -� `,rf�r , 1 ys� �,� \.�♦ s ra` "' is t 71 Al Pro At .kf .p,T'. _ -• Iii �(w t t„*� c [F WAs t City Code 12 -6 -5 12 -6 -5: LOCATION AND SETBACK REQUIREMENTS: A. Private Garages Facing Public Ways: When a private garage is oriented so as to face onto a public right -of -way, it shall not have less than the minimum required setback for the principal structure as measured from the lot line. B. In Residential Districts: 1. Accessory buildings and structures located in residentially zoned districts shall have a minimum setback of five feet (5) from side and rear lot lines unless an easement exists that is more restrictive. (Amended Ord. 314, 10 -4- 2005) 2. Accessory buildings and structures located in a yard adjacent to a County road shall have a minimum setback fifty (50) feet from the property line in all residential zoning districts except for the R -4 district, where the setback shall be forty (40) feet. (Amended Ord. 314, 10 -4 -05) 3. Accessory buildings and structures located in a yard adjacent to a City street shall have a minimum setback forty (40) feet from the property line in R -1 and R -2 zoning districts and thirty -five (35) feet in R -3 and R -4 zoning districts. (Amended Ord. 314,10-4-05) 4. Accessory structures located in the side or rear yard of corner lots that are adjacent to a lot that fronts on a cul -de -sac shall be no closer to the property line than the outside wall of the house. (Amended Ord. 325A, 4- 18 -06) 5. Where less than 120 feet of right -of -way exists for county roads or arterial streets, setbacks for all structures shall be measured assuming a sixty -foot right -of -way on each side of the existing right -of -way centerline. (Amended Ord. 314,10-4-05) 6. Where less than the minimum roadway right -of -way required by City Code 11- 3-3 exists, setbacks for all structures shall be measured assuming right -of- way required by City Code 11 -3 -3. (Amended Ord. 314, 10 -4 -05) C. In Business And Industrial Districts: Accessory buildings in the business and industrial districts shall not be closer than ten feet (10') from side and rear lot lines subject to provisions for the abutting residential zone provided herein. . D. Location In Rear Yard Setback Areas Generally: An accessory building may be 8 I located within the rear yard setback, provided said accessory building does not occupy more than twenty five percent (25 %) of a required rear yard. E. Prohibited In Drainage And Utility Easements: All accessory buildings and structures shall not be constructed or placed in a drainage or utility easement. F. Front Yard Setback Requirements: No detached garages or other accessory buildings shall be located nearer the front lot line than the principal structure except as follows: 1. On residential parcels with a lot area of one acre or more, a detached garage or accessory building may be constructed closer to the front lot line than the principal structure; however, the minimum distance it may be from the front lot line is sixty feet (60') subject to City Code 12 -6 -5. (Amended Ord. 314, 10 -4- 2005) 2. All detached garages or accessory buildings constructed nearer the front lot line than the principal. structure shall be similar in design and exterior finish material so as to be compatible with the principal structures. (Ord. 8NNNNNN, 7 -16 -2002) G. Animals: Any building in which farm animals, pleasure /recreational animals or poultry are kept shall be a distance of one hundred feet (100') or more from any other occupied residence, and any open or roofed enclosure in which such animals are kept shall be a distance of fifty feet (50') or more from any occupied residential lot. The City Council may order the owner of any such animals to apply for a Conditional Use Permit if it is deemed to be in the interest of the public health, safety, or general welfare. (Amended Ord. 8, 10 -21 -1970; amd. 2003 Code; Amd Ord. 314 10 -4 -2005; Amd. 4/18/06, Ord. 325A) W City Code 12 -14 -7 t 12 -14 -7: VARIANCES: A. The City Council, as authorized by Minn. Stat. 462.354 subdivision 2, and Minn. Stat. 462.357, subdivision 6, shall have the authority to hear requests for variances from the requirements of the zoning ordinance and other sections of the City Code where variances are authorized, including restrictions placed on nonconformities. (Amended Ord. 8,10-21-1970, Ord. 314,10-4-2005; Amended Ord. 407, 6- 21 -11) B. Review Criteria: 1. Variances shall only be permitted when they are in harmony with the general purposes and intent of the official control and when the variances are consistent with the comprehensive plan. (Amended Ord. 407, 6- 21 -11) 2. Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the official control. "Practical difficulties,", as used in connection with the granting of a variance, means: a. The property owner proposes to use the property in a reasonable manner not permitted by an official control; b. The plight of the landowner is due to circumstances unique to the property not created by the landowner; c. The variance, if granted, will not alter the essential character of the locality; d. Economic considerations alone do not constitute practical difficulties. (Amended Ord. 407, 6- 21 -11) C. Conditions Authorized: The City Council may impose conditions in the granting of variances. A condition must be directly related to and must bear a rough proportionality to the impact created by the variance. (Amended Ord. 407, 6- 21 -11) D. Specific Variances Authorized: No variance may be granted that would allow any use that is not allowed in the zoning district in which the subject property is located, except as follows: (Amended Ord. 407, 6- 21 -11) 1. Variances shall be granted for earth sheltered construction as defined in Minn. Stat. 216C.06, subdivision 14, when in harmony with the official controls. (Amended Ord. 407, 6- 21 -11) 2. Variances may be granted for the temporary use of a one family dwelling as a two family dwelling. (Amended Ord. 407, 6- 21 -11) 10 City Code 12 -14 -7 E. Procedure: The procedure for granting variances is as follows: 1. Request For Variance; Fee: A person desiring a variance shall fill out and submit to the Community Development Director a request for variance application form together with a fee as set forth by ordinance. A public hearing shall be held by the Planning Commission as provided in City Code 12 -14 -8. (Amended Ord. 342, 3 -6 -07; Amended Ord. 407, 6- 21 -11) 2. Planning and Zoning Commission Review: A public hearing shall be held by the Planning and Zoning Commission as provided in City Code 12 -14 -8. The Planning Commission shall make a recommendation to the City Council based upon the provisions of City Code 12 -14 -7. (Amended Ord. 407, 6- 21 -11) 3. City Council Action: The City Council may grant the variance based upon the provisions of City Code 12 -14 -7 request if it will be in keeping with the spirit and intent of this title and if it finds that strict enforcement of this title will cause undue hardships because of circumstances unique to the individual property under consideration. Economic considerations shall not constitute an undue hardship if reasonable use of the property exists under the terms of this title. (Amended Ord. 407, 6- 21 -11) 4. Appeals: The petitioner, if appealing an interpretation of this title by an employee of the city which would require him /her to obtain a variance, shall have the fee refunded if his /her appeal is upheld by the City Council. 5. Emergency Variance Requests: The City Council may waive Planning and Zoning Commission review and take immediate action on emergency variance requests that affect the immediate health, safety and welfare of the citizens of Andover or if time constraints present severe hardship to the applicant. The applicant is required to show the immediacy of the issue and the potential health, safety or welfare threat. The City Council shall determine if the request warrants immediate review. (Amended Ord. 407, 6- 21 -11) 6. Time Limit On Implementing Variance: If the City Council determines that no significant progress has been made in the first twelve (12) months after the approval of the variance, the variance will be null and void. (Amended Ord. 8, 1 See subsection 1 -7 -3H of this code. N OV, 1685 CROSSTOWN BOULEVARD AX763) 755 -8923 ANDOVER, WWW CMAND VERA (763) 755 -5100 MN US TO: Planning and Zoning Commissioners FROM: Courtney Bednarz, City Plannelk SUBJECT: PUBLIC HEARING: Conditional Use Permit (11 -02) for used vehicle sales at 3138 162 n Lane NW. DATE: July 12, 20 i INTRODUCTION The City Code requires a conditional use permit and city license for used vehicles sales in the General Business Zoning District. The applicant is interested in utilizing the subject property for this purpose. DISCUSSION The applicant is a state licensed used vehicle dealer who needs a site to occasionally store vehicles that are purchased at auction prior to their resale and transfer to a retail vehicle sales lot. Having a site with a minimum of 5 display parking stalls is a requirement for the state license. The attached site plan shows the areas designated for customer and vehicle display parking as required by City Code 3 -8. However, the applicant has indicated that vehicles would rarely be stored at the site. The site was most recently operated as Andover Awards and Embroidery. The previous owner improved the site with pavement, curb and gutter and landscaping toward the north end of the site. The south end of the site remains as an unimproved dirt/gravel surface. City Code 12 -13 -22 established interim performance standards for this industrial park (attached). These standards allow the city to review existing site conditions and the proposed use of the property to determine whether site improvements will be required. Comparison to City Code As with all conditional use permits, the existing site must be compared with existing regulations to determine if there are deficiencies that need to be addressed. A strict comparison of the site to the performance standards of the City Code is provided below. Landscaping Requirements of City Code 12 -13 -6 Shrub iu/U feet 1/50 feet 21 1/20 feet 53 606 feet NA 0 1/10 feet 61 Existin Trees 12 Existing Shrubs 18 New Trees 0 New Shrubs 0 Total Trees 12 Total Shrubs 18 Total Required Trees 21 Re uired Shrubs 114 r , Aerial Photogr #h « ..« : . . j\ �» � � y r June 21, 2011 Re: 3138 162nd Lane NW To whom it may concern: Xcel properties LLC is requesting a conditional use permit to operate a used car dealer's license at 3138 162nd Lane NW. The property is currently being utilized for indoor storage. We intend to continue this use, but would like to also add the ability to operate a small used car dealer. The anticipated sales from this location would be less than twenty vehicles per year. Please feel free to contact me with any questions at 612 - 598 -2819. Sincerely, Jason Hemp Xcel Properties, LLC. dtlb -9 i-b04d6 AO.B® R TD V �1 d Pi66Vf Aaae:nacaa;a fO17/70447 P.01-101 O Q r� n M G ® O r` V1 C mo FAN wo � i TOUL P k T its 0 - OD m t7• G ® O r` V1 C mo FAN wo � i TOUL P k i TOUL P k City Code 3 -8 CHAPTER 8 1 3 -8 -1: Purpose and Intent 3 -8 -2: Definitions 3 -8 -3: License Required 3 -8 -4: Application for License 3 -8 -5: Review of Application; Issuance or Denial 3 -8 -6: License Fees and Term; Renewals 3 -8 -7: Conditions of License 3 -8 -8: Standards 3 -8 -9: Violation Provisions 3 -8 -10: Revocation of License 3 -8 -1: PURPOSE AND INTENT: It is the purpose of this chapter to regulate vehicle sales to establish reasonable and uniform regulations to prevent adverse impacts on the health, safety, morals and general welfare of the citizens of the city. 3 -8 -2: DEFINITIONS: A. Gross Vehicle Weight Rating: The total weight of a fully equipped vehicle and payload including the amount of weight that can be carried and towed. B. Vehicle Sales: the sale of cars and trucks as limited by the City Code, excluding recreational vehicles. 3 -8 -3: LICENSE REQUIRED: No person shall engage in the business of selling, trading or advertising the sale of new or used vehicles within the city without first obtaining a license as provided in this Chapter. For the purposes of this chapter, anyone who, as a part of their livelihood, engages in the regular sale, trade or exchange of vehicles shall be deemed to be doing business as a new or used vehicle dealer. 3 -8 -4: APPLICATION FOR LICENSE: A. Information Required: Any person, partnership or corporation desiring to secure a license shall make application to the City Clerk including the following: 1. Completed city application form 2. Fee as established by City Code. 3. Completed Minnesota Vehicle Dealer License Commercial Location Checklist City Code 3 -8 3 -8 -5: REVIEW OF APPLICATION; ISSUANCE OR DENIAL: The City Clerk shall submit the application to the City Council for its consideration. The Council, by motion, may grant or refuse to grant the license after consideration of the application. 3 -8 -6: LICENSE FEES AND TERM; RENEWALS: The fee for every such license shall be established by resolution of the City Council. Every such license shall expire on December 31 next after it is issued. 3 -8 -7: CONDITIONS OF LICENSE: A. Transferability: The license shall not be transferable from one person to another, and a new license must be applied for each time a place of business is changed. B. Posting: Every such license shall be kept conspicuously posted in the place for which the license is issued and shall be exhibited to any person upon request. C. Inventory: Vehicles allowed to be sold or stored on site shall be limited to a vehicles that are eligible to be issued a title up to a gross vehicle weight rating of 12,500 pounds. D. Restrictions and Conditions: The Council may impose any conditions or restrictions it deems necessary or advisable in the public interest, including but not limited to the hours of operation, building materials, fencing, landscaping, screening, lighting and signage. E. Review: The Council may review the license at any time for the purpose of adding additional conditions to mitigate adverse impacts on the health, safety, morals and general welfare of the citizens of the city. 3 -8 -8: STANDARDS: The following standards are established for all businesses engaged in the selling, trading or advertising the sale of new or used vehicles within the city: A. Parking areas shall conform to the requirements of City Code 12 -13 -9. The Site Plan shall clearly identify parking for customers and parking for display of vehicles for sale. Parking shall be prohibited in drive lanes, on landscaped areas and any place other than approved on the site plan. B. All businesses engaged in the sales, trade or advertising the sale of new or used vehicles within the City limits shall conduct these activities only on properties for which they have been granted a license under this chapter. This provision shall not apply to promotional events and activities conducted outside the city limits. City Code 3 -8 C. Vehicles that are visibly damaged shall not be visible from public streets and shall not be stored outdoors for more than 48 hours. D. Outdoor storage of vehicle parts or other materials, including but not limited to tires, scrap metal, glass, pallets and refuse shall be prohibited. E. Sales of used vehicle parts shall be prohibited. F. The dismantling or reduction of vehicles shall be prohibited. G. Signage shall conform to City Code 12 -13 -8 and shall be further restricted as follows: 1. All signs posted on vehicles shall be inside the vehicle. 2. No sign posted on vehicles shall contain text font or other information that is larger than three inches in height. H. The estimated value of improvements to the licensed property shall exceed the estimated land value of the licensed property as estimated by Anoka County. 3 -8 -9: VIOLATION PROVISIONS: Any person who shall violate any portion of this chapter shall be guilty of a misdemeanor. 3 -8 -10: REVOCATION OF LICENSE: Every such license may be revoked by the Council after the license has been given reasonable notice and an opportunity to be heard for the violation of any provision of this chapter or for the violation of any conditions or restrictions in the motion granting the license or any motion thereafter passed by the Council. (Amended 4 -4 -06, Ord. 324) City Code 12 -13 -22 12- 13 -22: INTERIM PERFORMANCE STANDARDS: A. Purpose: Interim performance standards are intended to establish an alternative level of site improvements for properties located in the rural industrial area generally referred to as the Hughs/Westview industrial park area. The City acknowledges that the lack of municipal utilities limits the development potential of these properties. These performance standards are intended to allow continued use, expansion and redevelopment with a level of site improvements that is commensurate with the development potential of the properties. B. Applicability and Scope: This section shall apply to any expansion of use requiring a conditional use permit or commercial site plan on all properties generally described as the Hughs/Westview industrial park area and legally described as the southwest quarter of the northwest quarter of Section 16, Township 32, Range 24, Anoka County, Minnesota and the west half of the west half of the southeast quarter of the northwest quarter of section 16, Township 32, Range 24, Anoka County, Minnesota. C. Procedure: Applications shall be processed under the Conditional Use Permit procedures described in City Code 12 -14 -6 except as follows: 1. Application: The property owner or designee shall submit a complete application to the Community Development Department. A complete application consists of the following: a. A completed Conditional Use Permit form and fee as described in City Code 1 -7 -3. b. A site plan that describes all of the existing and proposed site improvements, including the dimensions of the property, buildings, parking, landscaping and storage areas and distances from property lines. c. A letter describing the existing use of the property, the proposed use of the property and all of the proposed site improvements. d. Other information deemed necessary by staff to review the request. 2. Council Determination: The City Council shall approve or deny the application based on the factors established in this section. The City Council may attach such conditions as they determine necessary to provide the appropriate level of site and building improvements to accomplish the purpose of this section. The level of required improvements shall be determined on a case -by -case basis. Applications shall be reviewed based on the following factors: a. Existing appearance of the building and site; City Code 12 -13 -22 b. Compatibility of the proposed site development plan with the other industrial properties in the area; c. Effect of the proposed use and the proposed site development plan on the adjacent residential neighborhood, including traffic, noise, glare, buffers, and environmental impacts; D. Deviations to the performance standards will be considered in the following areas: 1. Parking and Impervious Surface Areas: a. Screening, landscaping, visual appeal, and lighting of parking lot areas. b. Paving of parking areas for customers. c. Dust control measures for unpaved parking and storage areas. 2. The amount, type, location, and screening of exterior storage requested as a part of any Conditional Use Permit. 3. Screening of mechanical equipment and trash bins /dumpsters. 4. Other factors related to the new development proposal, as the City Council may deem relevant. E. Term of Approval: Interim performance standards approved under this section shall endure until City sewer and water are extended into the area affected by this section. At that time, any future expansion or redevelopment of the affected properties shall be required to fully conform to the regular performance standards of City Code 12 -13. F. Other Requirements: Proposed improvements or changes in use will be reviewed by the Building Official and Fire Chief. They will make a determination of whether or not the building(s) on the site need to be brought into compliance with applicable building and fire codes. Site improvements must also be made to meet the requirements of the National Pollutant Discharge Elimination System (NPDES). No portion of this section shall be used to vary from these requirements. (Amended 9/18/07; Ord. 353) V T Y O F ®. 1685 CROSSTOWN BOULEVARD N.W. e ANDOVER, MINNESOTA 55304 0 (763) 755 -5100 FAX (763) 755 -8923 9 WWW.CI.ANDOVER.MN.US TO: Planning and Zoning Commissioners FROM: Courtney Bednarz, City Planne SUBJECT: Work Session: Commercial Development DATE: July 12, 2011 INTRODUCTION At the last meeting the Planning Commission identified several items for discussion in a work session format. The list of these topics is attached. One of the topics that was identified for discussion was commercial development. DISCUSSION One of the questions that was raised is whether there is enough area zoned for commercial development. To aid in this discussion the Zoning Map is attached along with the Available Commercial Property handout. As these items show, there continues to be sites and buildings available for commercial businesses to locate in the city. ACTION REQUESTED The Planning Commission is asked to discuss commercial development in the city and any suggestions they may have for additional commercial areas or other ideas. Attachments List of Discussion Topics Zoning Map Available Commercial Properties Res y su ifted, } List of topics selected for future discussion by the Planning Commission at the May 24, 2011 meeting: • Land designated for commercial development Attracting employment — corporate campus • Permitted conditional and prohibited uses chart Revise to eliminate misleading overlap of land uses • Transportation Traffic congestion /patterns Public transportation /transit Trails local and regional • Open Space Continuing to promote preservation of open space • Youth Programming After school programs • Parks Increase amenities in larger parks • Joint meetings with other Commissions Parks and Recreation Open Space Advisory Commission Others? CD 7. C I I I I < Ll c CD z G) cp -0 0 —1 0 Z U) > (n (D - D (D cn 3, z —0 00 0 U C: 0 0 (D C) 0 C) cn (D (D CD (D 0 E3 m m W 0 0 cn -,I 3 U) CD 0 (D (D U) U) z (D 0 0 0 CD en go L N Y N �L N 3 C C R m L E O U v Q m Q lO N . d' Ln N Z _N 0 Q. N a) O O O C o Ln Lo O Ln Lo � co M M > O ^ M m LO N N C ^ Y6 5 H ? t .00 V Z 'U L > OO U'S v o Oco L L a) a) Y Y c C u m U U bA c c O_ O. CL O C O. O N N N 4— � N N N O O O ® � O O rl PAd N N c4 .:i is O �I N C O E E a u 3: W z U O M U O C8 L m > > i O O1 � Q Ln � � J N _6 v 3 m lO N Ln c 3 N U zO N N y U U Y O m N rl LO N OD O ,4 N i i N N '6 '6 aJ a) 3 3 m m O (D Ln Ln li H d' C O 2 � > N Ln �C) L a1 Y a1 U OD C Q Q O L N O. 3 C N N O N M r-I r L L a) � U o � m 3 Y X O J C O C O 3 L 0 O M '0 r., ,_ Q -I a. m O M Ln Ln Z cu T 0 N Ln i� M N O O. r-i O N aL 76 N U C cu E 0 z Ln Q O O E = O U N pYj N M O v m r-i m N U m � a � - L Ql Y C a) U to C Q CL O Ln N N O O c-I R N Z � B a > m J Y C J C � 3 O C 3 O L O ^- Q rH m r1 M Ln N LO Z c O as C E O C O O on C O m O C C O m U O CD 6- R '� r7 Y E oMo t Q t' O O N O i 0 z m m 0) N N C N 3 m a) C a) 4-- N O O N m � N O O O l0 � rl t!} N 3: -0 Z O 'O LL > — m > ai C O cu J m== L � O C O C 3 > aJ CO O U W 'O ru ci C a N �t N N N N N N N N a1 0) aJ a1 C C C C Vf N N N 3 3 7 3 m m m m D C a7 N a) a1 w aJ c� c� (D O N p co ,z M m m V) N cu z > O 3 = Y C L o a Y � O L ns O N O m CO l m N �t OU CU O Z Ln v- O v- O O ^ O O O l0 Ol d Ln O M W OO n M m d m t/} t/T z z z T T T 3 3 3 Y v Y L L L a wa wn. C C E C E C O D O 'O O 3 Y m Y m Y m N O N O N N W U m U W O ar+° O � O � 00 ro a C 0 a C) O Ln M 0 0 L Ln N z Lin N z N Z N cl O N N L O O CL vO r ra m m E U U c cc O C C aJ K O O t O O E E U U O. c c-I O O O O E E ao N E E c c m N i v v z z V V a, z z a a, E C C > > r rn E J J O aj Q V O - t aJ Q -C V U r rn m m v y y L LYO � N. .L r ri U �+ •E t � i i-I I I� L LL r r-1 t M N f6 L M ( (a a) U U c M N c i L L � �. M LO nL a a Z Z L Lu V V� L LU 0) aJ a1 C C C C Vf N N N 3 3 7 3 m m m m D C a7 N a) a1 w aJ c� c� (D O N p co ,z M m m V) N cu z > O 3 = Y C L o a Y � O L ns O N O m CO l m N �t OU CU O Z Ln v- O v- O O ^ O O O l0 Ol d Ln O M W OO n M m d m t/} t/T z z z T T T 3 3 3 Y v Y L L L a wa wn. C C E C E C O D O 'O O 3 Y m Y m Y m N O N O N N W U m U W O ar+° O � O � N p co ,z M m m V) N cu z > O 3 = Y C L o a Y � O L ns O N O m CO l m N �t OU CU O Z Ln v- O v- O O ^ O O O l0 Ol d Ln O M W OO n M m d m t/} t/T z z z T T T 3 3 3 Y v Y L L L a wa wn. C C E C E C O D O 'O O 3 Y m Y m Y m N O N O N N W U m U W O ar+° O � O � N a, Y_ Ul Y N 0 C c m U N CE C O U aJ m Q U 0 0 N V1 C� S.e O 2 .tea 69 i. O wI c� 0 e3 i 1 m 0 m N un z > aJ E a) cc: m O O Q rH O Q) aL N N w Z Ln E c 0 E @ aL ON O U N L M LD N t N 00 aj � LO 0- " Ct C N N aJ 7 m cua1 c V N w- d' � N M 00 N r-I t/} z U O m Y m O_ 0a) Y aJ L m Y m J � � L O Y Y � y c 0 > m m O U O m Q Q O a Y •L O 7 Q Y C N E O_ O a) U N E L C m n � ca d O a! w m i L >. r- > c r� 0 t m M 0 (D Q U n N N N N N N U N a1 N YU E v v U U L m Li U L m m m z m U l0 N C13 m c `L° c `L° v �6 m O > N O L ) \ O 7 \ ) a1 .m +m+ im+ m U Y N N Y 0 O m cr m z 0 n m 0 m U) Ln Cz cu G c 0 C C N d' t M O O O_ `'1 O Y � L m a1 N t �U N a`, LL z E t 00 O m LF N L m 01 i-+ 00 ci 00 N -0 tD DL w CO N m u U C al U > O U N Ln a7 U U D m m N 00 M M N N � . 00 C J s Y Ln Lt) C m m C O N � m m 2 O 0 A U aJ C7 vwi RE M O M Ln un cz G c a! N E N a/ cr t M a! O O_ cl O Y m °1 N t ` CD w z E a J o E m Y O O U i- M (D 4J. t c 00 E .Q D^j ko DL z° U L Q1 a) U bA C Q Q 0 t N N Y Ql m U W - I N � 3 C C C O > ai Q E O Y + V Ln Ln � c �i c LO � cu LO 2 .l 'i vd a Y •L 0 Y 7 Q C E O_ O v U N E c - OU m Ln w L > > C n 0 t m � 0 `D Q U L E E O u a, N m CL- C7 J N al U m Y a) Q 0 a a) v N m O 2 O c-1 N > LD c 0 Y N N -Uy W r- 0 N C m x 0 U w N M N 00 N zt 00 m C: N ? m M � N t0 d LO O M C � 0 s l- N N N � C N N O 3 m m 0 'O Y � E Z J w N ci Dl N O O_ M v � c z Q) L U � m c 0 z N y N NU- N 0 0 o U > o Ln O � ci N N N N U N N YU E v v U U L m Li U L m m m z m U l0 N W (.q M � c-I > J > N Y co m s ILA+ n m 0 m U) Ln Cz cu G c 0 C C N d' t M O O O_ `'1 O Y � L m a1 N t �U N a`, LL z E t 00 O m LF N L m 01 i-+ 00 ci 00 N -0 tD DL w CO N m u U C al U > O U N Ln a7 U U D m m N 00 M M N N � . 00 C J s Y Ln Lt) C m m C O N � m m 2 O 0 A U aJ C7 vwi RE M O M Ln un cz G c a! N E N a/ cr t M a! O O_ cl O Y m °1 N t ` CD w z E a J o E m Y O O U i- M (D 4J. t c 00 E .Q D^j ko DL z° U L Q1 a) U bA C Q Q 0 t N N Y Ql m U W - I N � 3 C C C O > ai Q E O Y + V Ln Ln � c �i c LO � cu LO 2 .l 'i vd a Y •L 0 Y 7 Q C E O_ O v U N E c - OU m Ln w L > > C n 0 t m � 0 `D Q U L E E O u a, N m CL- C7 J N al U m Y a) Q 0 a a) v N m O 2 O c-1 N > LD c 0 Y N N -Uy W r- 0 N C m x 0 U w N M N 00 N zt 00 m C: N ? m M � N t0 d LO O M C � 0 s l- N N N � C N N O 3 m m 0 'O Y � E Z J w N ci Dl N O O_ M v � c z Q) L U � m c 0 z N y N NU- N 0 0 o U > o Ln O � ci z z z z C z z p N 0 J J > J > N Y co m s ILA+ Z rn M m C N m M r-i r-i o r, rn � O m H m m� M `� N to � L aj O c Q n m 0 m U) Ln Cz cu G c 0 C C N d' t M O O O_ `'1 O Y � L m a1 N t �U N a`, LL z E t 00 O m LF N L m 01 i-+ 00 ci 00 N -0 tD DL w CO N m u U C al U > O U N Ln a7 U U D m m N 00 M M N N � . 00 C J s Y Ln Lt) C m m C O N � m m 2 O 0 A U aJ C7 vwi RE M O M Ln un cz G c a! N E N a/ cr t M a! O O_ cl O Y m °1 N t ` CD w z E a J o E m Y O O U i- M (D 4J. t c 00 E .Q D^j ko DL z° U L Q1 a) U bA C Q Q 0 t N N Y Ql m U W - I N � 3 C C C O > ai Q E O Y + V Ln Ln � c �i c LO � cu LO 2 .l 'i vd a Y •L 0 Y 7 Q C E O_ O v U N E c - OU m Ln w L > > C n 0 t m � 0 `D Q U L E E O u a, N m CL- C7 J N al U m Y a) Q 0 a a) v N m O 2 O c-1 N > LD c 0 Y N N -Uy W r- 0 N C m x 0 U w N M N 00 N zt 00 m C: N ? m M � N t0 d LO O M C � 0 s l- N N N � C N N O 3 m m 0 'O Y � E Z J w N ci Dl N O O_ M v � c z Q) L U � m c 0 z N y N NU- N 0 0 o U > o Ln O � ci N a) Y In m L Y N C C m a! E 0 U a! L Q U ice+ b O Ldw O z CE O a i.a O Fa9 a, 0 .b 1�+ V 0 a F7 O z Q O � ,n a Ln t z � o > fl N m E L a, v s E M O Q rH O L O O aJ a 3 m L (A Qj a) z m @ E J O =Qj O m L N N U N N+ �M-I 00 E NS 6a1 m co LD CL cr too rl w N N aJ C N 7 m L i � v- O ,zt N O N ih 06 Y m Z J "6 L > Y m C N � m > O O m N i O U U v� M M w Z u rMi N ao ZT Ln Ln z N n. v Q C � O C O O U O > m �p Y C N O m O C o •B �r mm Y Ln U i O Ln 3 w Z Ln co v u m C v C �N 3 m m Qi C 0 G w- N Ln N c-I 'I N N n rn m N m a z aJ Ij O -Q O M L W Z c m a-i Ln Ln Ln Z L a"' 7 � O O E E > a a CL I N a1 m O W >. N ami m m N ° o cr Q O Y C a1 U dA C .Q O_ O L N v- O O O N 0 O_ v C Z m O -a U a. > 0 m "O Q Q Y v � � L 7 O v C 3 o m v m Ln n a LL m m 0 m Ln Ln z c v ai cu N CL O m a � m i Z i O v m ai N m E °—' J m Ln o Y O L N M On W J N E L n N v O W e l a Lo —Lo .m N Y N � v m C Y C 7 Co m Y L N z � tLo L 0 O N `: O N O O O °o m W 0 m M Y m J U L Q C 7 m O cn m Ln Y 0 L Y 7 Q Y E Q O a1 U N C L C O N C O c�1 m Ln w L O C O L' M Q U aJ N Q) cX G N v U m m H L 0 Y C O m 'O C m v > > ai Q 0 ` a L Z C > a% L Co C U U w En z ° N Q1 CL Y E L n o -o 'o ._ r\ ro O m N 0 a m Y N 7 c CL v N L 3 U � � m o 3 ti N o 00 LO N CD z C v � Y �p N �L Y � N 00 m m n a, M � ° m O E u M 0 V u) U L l(i Vf aJ E z aJ E `� O U N t aJ a) O v Q. N E a) a) o O m m rn 0 rn •� c- K N k Y C Q ca m z E c d o m i E a +; -o �^. U ^ U o E a) v O c M M aJ 0 O O E O ^ N O i U E H aJ O t^ U N Y� as ^ L L O U N I\ Y N L 4J M O L+ (f1 Cif E U O ^ a N d' L aJ L aJ U L = L U +-+ F-• — t\+ N N d+ 3 m LA C.) Cn 00 .= � . s ^ 0 m >, ±' N � uj J N G N CL u1 L a1 M e-I d O fL11 aJ d' L aJ 0a N ,+� vL- L U .+., C 4L- U y Q N O C$ aJ n aJ aJ i-I n N "O d' .� ^ LL to aJ d' LL .. LL .. ca ns N CL is M E N 3 N V N L N U U -i a M 0 Lo v s U 3 V r e-I Ln Co u) E E E w Ln Lo 0 Y s U CL 00 LC7 3 0 0 ko m Y 2 x W s U w s U w Q " m aJ a) aJ N aJ N a) ao m m m 0 .� a) u N aJ 0) N aJ ® a) v aJ a) 0 a a) �l (D 0 0 0 0 z 0 N w N y Ln N N M �4 N � Cil m ® Y Ln is aj E to _= $ bo U_ O N N 2\ iJ I- .g N N O 0 N 00 O N Y �, L U n n v- L O O Ln 0 O LO m 0 aJ '- cn U j aN-I w v-- N n N O U N CO Cif �O N Lr 0 N O LO ca N O 00 ^ O c-I O N ^ Ln N N LMD M W a. v c m O U P9 N O ci ab I]a ai 00 > O m z Y > OD Y m O LL C J W m c O U 0 o L` cu Y 0 z z E z z c aJ 0 O v 0 m m aJ a) J J i j s VJ s C a) J 10 J O m 0.4 0 .j9 vJ 2 �' 2 ^ ui i = J c-I m 7 C N N O L N L c N N Ln m (a C J CZf Lo I o h >i F Lo -i m N i w lV e L LO L d +L CD Y z} N c-I ci W N Cil Cf .� Ln Y O M C C O > m m e�-I C t 7 m i-i 2 i -I M 7 e-I z H M N H 0] 00 a) ON .-I N N N N N N 1 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: Additional Information — Comprehensive Plan DATE: July 12, 2011 INTRODUCTION Chapter One of the Comprehensive Plan is attached to aid the Commission's discussion on both variance items as well as the work session topic on commercial development. DISCUSSION Chapter One contains the goals, objectives and policies of the Comprehensive Plan. The items relating directly to land use begin on page 4 and the items related directly to housing begin on page 7 of the document. Attachments Chapter One of the Comprehensive Plan ACTION REQUESTED This item provides additional information for the Commission to consider in reviewing the two variance items and the work session topic on commercial development. Res ect lly Zsubmitt d, ou ey I c err sir bv% 2008 Comprehensive Plan Update Chapter One® Foundation of the Comprehensive Plan r a c Vi DOVEj,' 2008 Comprehensive Plan Update Chapter One: Foundation of the Comprehensive Plan Identity Andover is primarily a residential community with established urban and rural neighborhoods. Greater than ninety percent of the city's housing stock is owner occupied. Families with school age children comprise the largest portions of Andover's population. Residents value the rural character of the community, the local schools, the park system and their safe neighborhoods. These values have influenced the policies of the city. Areas planned for urban development are balanced with rural areas to allow the rural character of the community to be preserved. This growth pattern is reflected in the Metropolitan Council's 2030 Regional Development Framework which provides Andover with both Developing Community and Rural Residential planning area designations. More information on these designations is provided in Chapter Two: Land Use Plan. As the city's population has grown, so has the demand for commercial development. The result has been consistently strong occupancy of previously existing commercial centers such as the Downtown Center, successful redevelopment of former industrial properties into Andover Station and Andover Station North as well as expansion of the commercial tax base to include neighborhood centers like Andover Clocktower Commons and Hanson Commons. Growth Forecast The 2030 Regional Development Framework prepared by the Metropolitan Council provides a population, household and employment forecast for each community in the seven county metropolitan area. The purpose of this information is to determine how investments in regional systems will need to be made to accommodate the growth forecasted for the region from 2000 to 2030. Similarly, the city must plan and budget to ensure that local services, systems and facilities can be provided to accommodate growth. The tables below show city and Metropolitan Council growth forecasts. The city forecast is considered to be more accurate because it is based on verified building permit activity and parcel level analysis. FinurP 1.1 Citvwide Growth Forecast J Andover Growth Forecast Source: City of Andover 1990 2000 2010 2020 2030 Po ulation 15,216 27,013 37,392 42,024 44,578 Households 4,430 8,659 11,400 14,008 15,921 Employment 1,125 1 2,979 1 4,494 15,039 5,530 Metropolitan Council Growth Forecast Source: Metropolitan Council System Statement Sept. 2005 1990 2000 2010 2020 2030 Population 15,216 26,588 33,000 39,000 40,500 Households 4,430 8,107 12,100 14,600 15,500 Employment 1,200 3,062 4,200 4,800 5,200 r r o r NDOVER _ 2008 Comprehensive Plan Update Goals, Objectives and Policies The following pages describe the goals of the community and the strategies that are employed to achieve them. The goals, objectives and policies are structured according to the topic that they address. However, it is important to remember that these statements are interrelated. As a result, the cause and effect for each topic must be considered when decisions concerning the Comprehensive Plan are made. For the purposes of this plan these terms are defined as follows: Goal: A statement that expresses a desired outcome or state of affairs. Objective: A statement that provides direction on how the goal will be achieved. Policy: A specific action that will be taken or a general rule that will be applied to a specific situation. Overarching Goals, Objectives and Policies Goal 1: Maintain and enhance the quality of life in Andover Objective: Efficiently provide basic services to improve all aspects of the city that contribute to quality of life including land use, public safety, transportation, recreation, health, education, and resource preservation Policy: Prepare, implement, periodically evaluate and update local controls such as: • Comprehensive Plan • City Code • Capital Improvement Plan • Water Resource Management Plan • Stormwater Pollution Prevention Program • Park Improvement Plan Objective: Preserve the rural character of the community Policies: • Preserve the Rural Residential Planning Area Designation Identified by the Metropolitan Council 2030 Regional Development Framework • Plan the efficient expansion of municipal sewer and water through implementation of the Land Use Plan Preserve natural areas through implementation of the Parks and Open Space Plan 2 iVD A - 2008 Comprehensive Plan Update Goal 2: Maintain a high degree of community planning and involvement Objective: Ensure an open and accessible local government that is responsive to the needs of residents Policies: • Provide access to information in a variety of forms including the newsletter, official newspaper, web site and televised meetings • Maintain healthy relationships with residents, businesses, community groups, school districts, and government agencies to ensure all points of view are represented • Promote participation in citizen advisory committees • Consider all available information and the potential impacts on all aspects of the community when making land use decisions • Maintain a mix of land uses, including schools, professional and medical office, retail, community and park facilities to provide a vital node of activity in the vicinity of City Hall • Encourage resident involvement through the public hearing process and utilize a variety of public hearing notification methods including direct mailing, publication in the official newspaper and signs placed on subject properties Goal 3: Maintain the Comprehensive Plan as a relevant official document Objective: Consider Comprehensive Plan amendments that better achieve the goals, objectives and policies of the Comprehensive Plan Policies: • Adhere to the goals, objectives and policies of this Comprehensive Plan to prevent incremental decision making that adversely affects the intent of the plan • Review Comprehensive Plan text amendments with the following criteria: o A public need for the proposed amendment can be identified o The proposed amendment is the best way to satisfy that need o The amendment is consistent with the goals, objectives and policies of the Comprehensive Plan 3 I r Y `Lj zoos Comprehensive Plan Update o The amendment is in the best interest of the City of Andover as determined by the City Council • Review Comprehensive Plan amendments concerning a proposed land use change with the following criteria: • Conditions have changed since the present land use designation was established such to warrant the proposed amendment or the present land use designation is in error • The proposed land use is compatible with surrounding land uses and with the goals, objectives and policies of the Comprehensive Plan • There is capacity of public systems, facilities and services to serve the proposed land use and capacity of these systems to serve other planned land uses is not adversely affected • Agreement can be reached for the applicant of the proposed land use to pay for any increased capacity of public systems, facilities and services required to serve the proposed land use • Potential impacts by the proposed land use on natural resources including vegetation, wetlands, floodplain and other natural features can be avoided or sufficiently mitigated as determined by the City Council o To ensure a transition or buffer between urban and rural residential zoning districts Land Use Goals, Objectives and Policies Goal 4: Allow residential growth while maintaining the quality of natural resources and amenities Objective: Clearly define areas for urban and rural residential development Objective: Promote orderly growth to ensure efficient utilization and delivery of community services Objective: Prevent extension of infrastructure that is inconsistent with the Comprehensive Plan Objective: Work cooperatively with resource protection agencies and organizations to minimize the impact of development on natural resources and amenities Objective: Create opportunities for the city to preserve open space and natural amenities through review of development proposals and implementation of the Parks and Open Space Plan 4 C A1 'f 1' 0 1' NI VE 2008 Comprehensive Plan Update Policies: • Maintain a Municipal Urban Service Area (MUSA) Boundary to define the boundary between the Developing Community and Rural Residential planning area designations of the 2030 Regional Development Framework • Stage urban development within the MUSA Boundary to ensure orderly growth and cost efficient expansion of infrastructure • Review and update the staging plan periodically to address changes in times and conditions • Prohibit platting of property without municipal sewer and water within the MUSA Boundary • Restrict lot splits without municipal sewer and water within the MUSA Boundary • Encourage infill development within the MUSA Boundary with appropriate transitions to existing neighborhoods • Allow rural development outside of the MUSA Boundary consistent with the Rural Residential Land Use Designation • Require existing conditions information to be provided during the development review process to allow evaluation of opportunities to preserve and protect natural features and open space • Engage local watershed management organizations and other appropriate agencies and organizations in the review of development proposals Goal 5: Encourage appropriate economic growth and redevelopment Objective: Develop a diversified tax base through balanced development of commercial, light industrial, and residential properties Objective: Create a downtown area by aggregating commercial land uses along Bunker Lake Boulevard between Hanson Boulevard and Crosstown Boulevard Objective: Select strategic locations for neighborhood and community commercial sites and establish design performance standards for such uses that promote quality site design and compatible land use arrangements Objective: Prevent the intensification of neighborhood commercial areas that may negatively affect surrounding residential properties E i T r 11 P NDOVE _ 2008 Comprehensive Plan Update Policies: • Maintain the existing commercial nodes along Hanson Boulevard, Bunker Lake Boulevard and Round Lake Boulevard as cohesive, interrelated nodes of commercial activity • Prevent fragmented, uncoordinated and linear commercial development away from these locations • Provide limited opportunities for commercial development in other areas of the city only when demand is demonstrated with a professionally prepared market study • Ensure that new development and. redevelopment has a positive impact on the community by providing appropriate transitions and demonstrating compliance with the City Code • Promote redevelopment of existing industrial zones to accommodate industrial development, enhance community appearance and tax base • Allow limited industrial development within Andover Station North when the use, site design, and building architecture are compatible with the existing and planned uses within this commercial center Goal: Protect and develop access for alternative energy systems Objective: Preserve reasonable access to all parcels so that alternative forms of energy can be used to supplement or replace conventional forms of energy Policies: • Encourage and support educational programs and research that focuses on alternative or renewable energy systems such as offered by Metro Cities, University of Minnesota Extension Services, Minnesota Office of Environmental Assistance, Anoka County and other organizations Encourage the possible use of solar energy in future housing developments • Encourage future site and building plans to design for efficient use of solar energy including such elements as the location of windows, shade trees, windows, and driveways Goal: Reduce maintenance and energy costs for public facilities and infrastructure Ai'r N9^2008 NT6 Comprehensive Plan Update Objective: Where feasible, use low energy design elements for future public facilities and infrastructure development Policy: ® Explore alternative energy sources when replacing systems in public facilities Housing Goals, Objectives and Policies Goal: Provide a variety of housing types to accommodate the life cycle needs of all residents Goal: Remain responsive to housing market demands through implementation of the Land Use Plan Objective: Utilize the existing housing stock to provide a portion of the affordable housing demand projected by the Metropolitan Council Objective: Utilize local controls to provide opportunities for a variety of housing types, including affordable housing Objective: Continue to work with agencies that provide affordable housing and housing for residents with special needs Policies: ® Work with property owners to identify sources of funding for home improvements to prevent deterioration of the city's older homes ® Continue the housing rehabilitation revolving loan program to provide maintenance assistance for housing occupied by low to moderate income families and individuals ® Support Anoka County's efforts to implement the Five Year Consolidated Plan ® Utilize the planned unit development review process for medium and high density residential projects to encourage more efficient allocation of density and intensity of land use and get higher quality development while providing amenities not otherwise achievable with existing zoning classes. ® Support public service agency applications for the Community Development Block Grant Program fi NDOVE'I ` zoos Comprehensive Plan Update Transportation Goals, Objectives and Policies Goal: Provide a safe and efficient transportation system that is cost effective and serves the existing and future access and mobility needs of the City Objective: Ensure adequate internal and external transportation access and links for efficient movement of people and goods Objective: Provide a transportation system that enhances quality economic development within the City Objective: Provide a transportation system that meets the varied needs of Andover residents Objective: Consider the mobility needs of all persons in the planning and development of the transportation system Policies: • Provide for early and continuing citizen involvement in transportation planning and implementation of projects • Provide a roadway system within a functional hierarchy that accommodates existing and future travel demands by providing the necessary design features to satisfy the roadway's intended use • Provide sufficient roadway capacity through the construction of transportation system improvements that accommodate existing and future demand • Require construction of transportation system improvements in conjunction with new developments when the need is created by the new development • Require payment for future transportation improvements as a part of evelopment approval proportionate to the demand created by new developments • Ensure that all components of the transportation system are maintained and developed to the highest standards to insure against detrimental impact upon community growth • Utilize the Capital Improvement Plan to schedule projects that increase public safety by minimizing hazards and correcting poorly designed intersections and access points K Arr i NDOVr t 2008 Comprehensive Plan Update Goal: Provide a coordinated transportation system that is compatible with adjacent municipality, Anoka County, Metropolitan Council and State of Minnesota transportation plans Objective: Coordinate transportation planning and transportation system improvements with other government agencies to increase efficiencies Objective: Increase opportunities for funding of local transportation system improvements from federal, state and county funding sources Policies: • Coordinate grant applications and other funding requests, when appropriate, with neighboring municipalities, as well as state, regional and county agencies • Coordinate participation of Anoka County and adjacent cities, where appropriate, in the provision of Transportation Plan elements Goal: Provide multi -modal transportation options whenever and wherever feasible and advantageous Objective: Periodically evaluate potential ridership and feasibility of joining the Metropolitan Transit Taxing District to provide additional transit options for Andover residents Policies: • Identify locations for park and ride facilities and preserve the ability to implement these facilities in the future • Promote ridesharing and increased vehicle occupancies throughout the City Goal: Minimize impacts of the transportation system on the natural environment Objective: Ensure environmentally sensitive implementation of the transportation system through the planning, design and construction of improvements Objective: Consider the impacts of improvements to the existing transportation system on land use, environmental, social, historic, and cultural resources A" k c 1 'P 1' t� 1- NDOVIJ _ 2008 Comprehensive Plan Update Policies: Adhere to best management practices and all components of the Implementation Plan during the planning, construction and maintenance of the transportation system Separate non - motorized traffic from arterial and collector roadways • Encourage joint parking facilities to conserve land Goal: Enhance accessibility by providing an interconnected multi- use trail system Objective: Provide an ' accessible trail system that links residential neighborhoods, commercial developments, and park areas Objective: Utilize multiple funding sources to complete the regional and local trail systems Objective: Coordinate trail construction with street improvement projects, new development, expansion and redevelopment projects Policies: • Maintain a map of existing and future local and regional trails and coordinate trail planning, construction and maintenance in the Capital Improvement Plan • Fund regional trail system improvements adjacent to residential properties with trail fees collected from new residential developments Require regional trail construction adjacent to commercial and industrial properties, where shown on the trails plan, in conjunction with development, expansion and redevelopment projects • Require local trail construction adjacent to residential, commercial and industrial properties, where shown on the trails plan, in conjunction with development, expansion and redevelopment projects Develop trails in accordance with the American Association of State Highway Transportation Officials (AASHTO) standards Coordinate trail and sidewalk improvements, where appropriate, with Anoka County and neighboring cities 10 C 1 f 1' f) 1 NDOVE ROJ� zoos Comprehensive Plan Update Water Resources Goals, Objectives and Policies These goals, objectives and policies are included within the City of Andover Water Resource Management Plan and Water Supply Plan. These are separate documents that have been adopted as a component of the Comprehensive Plan. Parks and Open Space Goals, Objectives and Policies Goal 1: Provide parks and facilities that meet present park needs and plan for the future needs of the city Objectives: a. Maintain and upgrade current park facilities b. Evaluate existing conditions and future growth projections to determine the types of parks and facilities needed to complete the park system C. Provide more passive recreation opportunities d. Provide for a balance among active and passive recreation areas and activities e. Provide recreation facilities for all age groups and abilities within the city f. Design and maintain recreation areas with appropriate lighting, landscaping, parking, and shelter design g. Consider the Site Selection Criteria established in the Parks and Open Space Plan and the standards of the National Recreation and Park Association in the planning and design of the park system Policies: • Implement a maintenance schedule for the grounds and facilities within the current park system • Aggregate resources from local, state and federal sources to complete planned improvements as scheduled in the Capital Improvement Plan • Maintain and Update the Park Study as a guide for the number, size, type and location of parks and facilities needed to complete the park system to serve the needs of residents 11 C I T Y () V NDOVE _ 2008 Comprehensive Plan Update • Accept only lands suitable for park and recreation purposes as fulfillment of the parkland dedication requirements. • Utilize the Capital Improvement Plan to schedule replacement of existing park facilities and installation of new facilities • Utilize the Park and Recreation Commission to advise the Council on matters relating to parks, recreation and park facilities • Provide regulations and policies for park use and park dedication • Consider the adopted Guidelines for Field Usage by Youth Athletic Associations • Work cooperatively with other organizations and government agencies to enhance local and regional park systems Goal 2: Promote, protect, preserve and enhance the City's natural and open space for the enjoyment of residents, protection of water and air quality and the preservation of wildlife habitat Objectives: Consider development of passive, nature - related recreation or conservancy areas on sites found to be suitable for these purposes b. Identify appropriate areas for preservation through analysis of natural features, the Site Selection Criteria established in the Parks and Open Space Plan and the Land Use Plan C. Plan for and Provide connections with the park and trail systems in a manner that both preserves and allows public enjoyment of natural areas d. Seek to provide buffer areas adjacent to significant natural resources and parks Policies: • Work collaboratively with property owners in the preservation of open space • Permanently protect open space with conservation easements, even when fee title acquisition and other methods are used. Prepare, implement and monitor the effectiveness of conservation plans that address the specific characteristics of the various types of natural areas • Utilize the Open Space Advisory Commission to advise the Council on matters concerning preservation of open space 12 I r V 11 NDO 2008 Comprehensive Plan Update Prevent incompatible land uses from locating adjacent to parks and open space areas through implementation of the Land Use Plan and zoning regulations Work cooperatively with other organizations and government agencies to acquire and enhance open space areas within the city 13