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HomeMy WebLinkAbout03/08/2011Andover Planning and Zoning Commission Meeting Agenda March 8, 2011 Andover City Hall Council Chambers 7.00 p.m. 1. Call to Order 2. Approval of Minutes —December 14, 2010 4. PUBLIC HEARING: Conditional Use Permit (11 -01) for Outdoor Storage at ABC Mini Storage located at 13624 Hanson Boulevard NW. 4. Other Business 5. Adj ournment TO: Planning and Zoning Commissioners FROM: Courtney Bednarz, City Planner SUBJECT: Item 2. Approval of Minutes - December 14, 2010 DATE: March 8, 2011 Request The Planning and Zoning Commission is asked to approve the minutes from the December 14, 2010 meeting. PLANNING AND ZONING COMMISSION MEETING — DECEMBER 14, 2010 The Regular Bi- Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Daninger on December 14, 2010, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Commissioners absent Also present: APPROVAL OFMINUTES. November 9, 2010 Chairperson Dean Daninger, Commissioners Michael Casey, Dennis Cleveland, Lynae Gudmundson, Valerie Holthus, and Tim Kirchoff. Devon Walton City Planner, Courtney Bednarz Others Motion by Casey, seconded by Holthus, to approve the minutes of November 9, 2010 as presented. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Walton) vote. PUBLIC HEARING: CONSIDER CHANGES TO CITY CODE 12 -3 -5 TO INCREASE ALLO WABLE LAND COVERAGE FOR BUILDINGS. Mr. Bednarz noted the concept plan submitted by Dynamic Sealing proposes to cover 34% of the lot with buildings through the second phase as well as 34% of the entire property at buildout. He added that there is potential for additional manufacturing and industrial development within Andover Station North. The City Code currently limits building coverage to 30% in all of the commercial and industrial districts. This item is intended to review building coverage limits in the commercial and industrial zoning districts. Mr. Bednarz reviewed the information with the Commission. Motion by Kirchoff, seconded by Casey, to open the public hearing. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Walton) vote. Chairperson Daninger noted there was no one in the audience. Regular Andover Planning and Zoning Commission Meeting Minutes — December 14, 2010 Page 2 Motion by Casey, seconded by Cleveland, to close the public hearing. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Walton) vote. Commissioner Cleveland stated they currently have a maximum coverage and he wondered if they had a maximum amount of impervious space on these industrial lots. Mr. Bednarz indicated there was not a maximum on these lots. Commissioner Cleveland wondered if there was a minimum. Mr. Bednarz indicated there was not. Commissioner Cleveland stated he would not want to see one of these built out to their setbacks. He thought they needed more than that otherwise there is too much run off. Commissioner Kirchoff wondered that too and asked if that was part of the overall permit process that drainage would be reviewed and would have to be addressed no matter what size it is. Mr. Bednarz stated that was correct. He stated the City storm water management plan dictates that they have to provide water retention based on the amount of surface water that is generated and also regulates the design for the slopes and those things working together determine the size of the area that is needed. He stated the same is true in a different way for parking. Parking ratios are based on the use of the structure and design standards dictates how much of the site will be used for parking. Commissioner Kirchoff wondered if they really need to address that as part of the zoning. Commissioner Cleveland stated if someone wanted to build out to the maximum possible building, at some point they are going to impinge on the drainage issue. Mr. Bednarz stated they will be required to accommodate the drainage, regardless. Commissioner Cleveland stated there will be a building maximum due to other requirements regardless of the maximum building coverage. Mr. Bednarz stated that was correct. He stated one example he looked at for retail and office uses, they will never be able to reach forty percent in building primarily because of the high parking ratio and the building setbacks on smaller sites. He stated they will need to meet all the requirements of the City Code, not just building coverage. Chairperson Daninger asked for an example of a cause and effect if there was not a forty percent limit. Mr. Bednarz stated there is not a minimum landscaped area requirement. They do require a minimum number of plantings so there will need to be a place for them to be installed but if they did not have a maximum building coverage. Without a limit on building coverage it is possible for a site to be covered in building, parking and drainage area with landscaping only in building setback areas. Chairperson Daninger asked if there was agreement that this should be changed. The Commission agreed it should be changed. Chairperson Daninger asked if the Commission felt there should be no coverage limit or should there be a limit. Commissioner Kirchoff asked if this is for all zoning types or are they just addressing industrial. Mr. Bednarz stated it would be all the commercial and i Regular Andover Planning and Zoning Commission Meeting Minutes —December 14, 2010 Page 3 industrial listed in the staff report. Commissioner Kirchoff asked if they should separate this out between industrial versus commercial. Chairperson Daninger stated they could and noted thirty percent currently applies to all of them. Commissioner Kirchoff thought there should not be limit for industrial and then forty percent or more for the others. Commissioner Casey stated his thought is if they change it to the forty percent they should look at for the best aspects are for the City. He looked at the closest community to them, Coon Rapids, where he believed eighty -five percent of the buildable, developable land could be used. He used them as an example as far as how their layout is and they are using forty percent across the board and fifty percent on industrial which he highly agreed with but he thought for being characteristic of the area and with them being eighty -five percent land use for developable area, the next area to be developed is Andover. He thought to be competitive, particularly in the development market today, they need to be at least at forty percent across the board, similar to a very customary area of Coon Rapids to be competitive in the market place. He thought industrial should be at fifty percent, like Coon Rapids but knowing that the industrial areas they have they could retook at them again as times and conditions change. For the commercial areas, general business he thought it was essential that they move to a forty percent that is similar to Coon Rapids so they can compete. Commissioner Cleveland asked aside from Dynamic Sealing is it fairly common place to have a developer go beyond thirty percent. Mr. Bednarz stated it depends on the type of use and as they see more manufacturing and industrial type uses come into the City they will see that again. Commissioner Cleveland asked if thirty percent was a deal breaker for a lot of these people compared to other cities. Mr. Bednarz stated that was correct. Commissioner Cleveland stated he did not want to jump to one hundred percent but would agree to forty percent for industrial. Commissioner Gudmundson agreed with going forty across the board and thought they needed to think of future economic growth and be competitive and right now they are by far the most restrictive. Commissioner Kirchoff supported what Commissioner Casey stated. Chairperson Daninger stated he did not disagree with this other than being on a conservative end of it. He stated looking at some of the verbiage that was presented this first zoning was adopted by Grow Township and they agree that something needs to be changed. He agreed with Commissioner Casey's comments but if he looks statistically at their industrial, the largest they have right now is 29.7% so to increase it by twenty percent is a big increase, past his level of being conservative. He stated he would support the fifty percent but thought they could be more competitive at forty percent and he thought fifty percent was too large of a step to take right away. Commissioner Casey stated ultimately he would like to see fifty percent on industrial only. He stated right now they definitely know as far as a neighborhood commercial and Regular Andover Planning and Zoning Commission Meeting Minutes — December 14, 2010 Page 4 general business areas, where they are growing, to be competitive on a square foot basis when doing development, looking at other cities, they have to be at forty percent. Commissioner Cleveland thought Commissioner Casey had a point that if this has not been a huge issue previously they should go up incrementally. He stated he could agree with forty or forty -five percent. Commissioner Kirchoff did not think it would be a deal breaker if it was forty -five percent. Commissioner Holthus wondered if there are any State Statutes regarding buildable area. Mr. Bednarz stated there was not. Commissioner Holthus did not think they should be restrictive for industrial or manufacturing in any way. She stated she did not mind the idea of Commissioner Casey's idea at all of having it all forty percent but industrial fifty percent. Chairperson Daninger the Commission was all in agreement on the options two and three are out and all agree that LB, NB, SC and GB should be forty percent so the question was if the Commission felt industrial should be at forty or fifty percent. Commissioner Gudmundson did not think it would make that much of a difference but leaned towards forty percent because they have been the same across the board in the past. Commissioner Kirchoff stated he would go with fifty percent. Commissioner Cleveland stated he would like to see industrial at fifty percent with the rest at forty percent. Commissioner Holthus stated she agreed with Commissioner Cleveland. Commissioner Casey stated he would make industrial fifty percent. Chairperson Daninger stated he would have voted for fifty percent. Motion by Cleveland, seconded by Casey, to recommend to the City Council approval of staff recommendation for changes in the City Code 12 -3 -5 to increase the allowable land coverage for buildings, LB -40 %, N13-40 %, SC -40 %, G13-40% and I -50 %. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Walton) vote. Mr. Bednarz stated that this item would be before the Council at the December 21, 2010 City Council meeting. OTHER BUSINESS. Mr. Bednarz updated the Planning Commission on related items. Chairperson Daninger thanked the Sue Osbeck, the recording secretary, for her excellent service to Andover and wished her well. Regular Andover Planning and Zoning Commission Meeting Minutes —December 14, 2010 Page 5 ADJOURNMENT. Motion by Kirchoff, seconded by Casey, to adjourn the meeting at 7:33 p.m. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Walton) vote. Respectfully Submitted, Sue Osbeck, Recording Secretary TimeSaver Off Site Secretarial, Inc. Alp C I T Y O F ND OVE 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: Conditional Use Permit (11 -01) for Outdoor Storage at ABC Mini Storage located at 13624 Hanson Boulevard NW. DATE: March 8, 2011 INTRODUCTION The applicant would like to utilize the open area along the west side of the site for parking of vehicles and trailers as a part of the business. Exterior storage in the Industrial Zoning District requires conditional use permit approval. The attached site plan and aerial photograph show the area proposed for this use. DISCUSSION City Code 12 -14 -6 B. provides the following criteria for granting conditional use permits: 1. In granting a Conditional Use Permit, the City Council shall consider the advice and recommendation of the Planning and Zoning Commission and: a. The effect of the proposed use upon the health, safety, morals and general welfare of occupants of surrounding lands. b. Existing and anticipated traffic conditions, including parking facilities on adjacent streets and land. c. The effect on values of property and scenic views in the surrounding area, and the effect of the proposed use on the Comprehensive Plan. 2. If it shall determine by resolution that the proposed use will not be detrimental to the health, safety, morals, or general welfare of the community, nor will cause serious traffic congestion or hazards, nor will seriously depreciate surrounding property values, and that said use is in harmony with the general purpose and intent of this title and the Comprehensive Plan, the City Council may grant such permits. Operation of the Site The applicant will be present at the meeting to provide details on the way the site is operated. In discussions with the applicant, he indicated that security gates, cameras and lighting have been upgraded. Additionally there is an employee on site during the hours of operation which are from lam to 7pm. Access to the facility is not permitted after hours except on rare occasions by appointment. Conditional Use Permit Review As a part of this review the city compares the site conditions to the current requirements of the City Code. Due to the age of the facility (1985) and changes to the city's regulations over the years, there are a few items that are out of compliance with the current City Code. Ai Outdoor Storage Area The area proposed for outdoor storage is partially gravel and partially lawn area nearer to Grouse Street NW. The applicant proposes to provide additional gravel to cover the proposed outdoor storage area. The asphalt area adjacent to the westerly storage buildings will remain open for patrons that utilize the spaces in those structures. City Code 12 -13 -8 requires parking and storage areas to have a paved surface and curb and gutter. To expand the existing parking/storage area without meeting these requirements would require a variance to the City Code. Screening A chain link fence exists along the entire perimeter of the facility. The applicant proposes to provide slats within the fence along the west side of the site as well as the north and south sides of the site to the westerly line of the storage buildings to address the screening requirements of City Code 12- 13 -5A. Staff can work with the applicant to ensure that a modern durable slat is installed to be as architecturally compatible with the site as possible. Landscaping Five trees currently exist on the site. The 14 trees along Grouse Street NW that are slightly visible in the attached aerial photograph were removed by Xcel Energy due to the potential mature height of the trees and their location within the overhead utility line easement. The table below compares the site to the city's current landscaping requirements. Unless these requirements are met, a variance to the landscaping requirements would be necessary to approve the proposed conditional use permit. City Code 12 -13 -6 Tree Requirements Shrub Requirements Site Perimeter 1300 feet 1 tree per 50 feet 26 1 shrub per 20 feet 65 Bldg Perimeter 636 feet NA 0 1 shrub per 10 feet 64 Total Required Trees 26 Required Shrubs 129 Existing Trees 5 Existing Shrubs 0 Additional Required Trees 21 Additional Required Shrubs 129 Parking Area Setback City Code 12- 13 -8F.a. requires a twenty foot parking area setback from front property lines. The existing parking area is paved to the front property line along the east side of the site. Due to the limited space between the storage buildings and property line it would not be possible to comply with the 20 foot setback and continue to provide space for people to access the storage buildings and allow for traffic circulation. A variance to the front yard parking setback would be necessary to allow approval of the proposed conditional use permit. Parking Stalls City Code 12 -13 -8 G. provides a method for calculating the minimum number of striped, 10 foot by 18 foot parking stalls that are required. There does not appear to ever have been striped parking stalls on the site. Additionally, the categories for parking ratios do not include self storage or a similar use. Staff suggests that the city utilize the `Other' category which states: " Other uses not specifically mentioned herein shall be determined on an individual basis by the City Council. Factors to be considered in such determination shall include (without limitation) size of building, type of use, number of employees, expected volume and turnover of customer traffic and expected frequency and number of delivery or service vehicles." Due to the type of use, the area immediately in front of each storage garage provides space for customer parking as well as conforming drive lanes to allow for traffic circulation. Employee and the occasional customer parking is located at the southeast corner of the paved area of the site. Summary of Variances and Potential Findings If the city chooses to grant the conditional use permit and does not require compliance with the current requirements of the City Code three variances would need to be granted. The information below provides potential findings for the Commission to consider. It is important to note that while the city continues to use all of the existing criteria for variances provided by state statute (attached), a recent court decision has taken a narrow view of this language and reversed a variance granted by the City of Minnetonka with the opinion that variances should only be granted if the subject property can be put to no reasonable use. At present there is a bill in committee at the State Legislature (attached) that would more broadly define variances as they have been understood by cities and counties throughout the state prior to this unfortunate decision. City Code 12 -13 -8 Paving and Curb Requirements The applicant will address this item at the meeting. City Code 12 -13 -6 Landscaping Requirements The design and location of the buildings on the site and the paved areas required to allow access to the buildings and for traffic circulation around the site result in very limited space for landscaping to be provided. The area west of the storage buildings is encumbered by an overhead transmission line easement which further restricts the landscaping of the site. City Code 12- 13 -8F. Front Yard Parking Area Setback Due to the limited space between the storage buildings and the front property it would not be possible to comply with the 20 foot setback and continue to provide space for people to access the storage buildings and allow for traffic and emergency vehicle circulation. ACTION REQUESTED The Commission is asked to consider the proposed conditional use permit. If the Commission chooses to recommend approval of the proposed conditional use permit, please also consider whether additional site improvements should be required or whether variances should be recommended for the items listed above. If the Commission chooses to recommend denial of the conditional use permit, please also recommend findings for denial. The attached resolution has been prepared in a format for approval. It will need to be modified based on the discussion and recommendation of the Planning Commission. Attachments Resolution Location Map Site Plan Aerial Photograph Xcel Energy Encroachment Agreement Existing Variance Statute Pen 'ng Legislation ubmitte , y n CC: Kraig Domogalla ABC Mini Storage 13624 Hanson Boulevard NW CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR OUTDOOR STORAGE WITH VARIANCES FOR ABC MINI STORAGE LOCATED AT 13624 HANSON BOULEVARD NW LEGALLY DESCRIBED AS: The East 415 feet of Lot 15 WATTS GARDEN ACRES; Except Road; subject to easements of record WHEREAS, ABC Mini Storage. has requested a Conditional Use Permit for outdoor storage to allow parking of vehicles and trailers on the subject property; and WHEREAS, the proposed expansion of the parking area would require variances as follows; 1. City Code 12 -13 -8 Paving and Curb Requirements 2. City Code 12 -13 -6 Landscaping Requirements 3. City Code 12- 13 -8F. Front Yard Parking Area Setback WHEREAS, the Planning and Zoning Commission has conducted a public hearing on said conditional use permit and variances; and WHEREAS, the Planning Commission finds the request would not have a detrimental effect upon the health, safety, and general welfare of the City of Andover; and WHEREAS, the Planning Commission recommends to the City Council approval of the conditional use permit and variances; and WHEREAS, the City Council received the recommendation of the Planning Commission; and WHEREAS, the City Council finds that the following conditions constitute an undue hardship for the subject property: 1. The design and location of the buildings on the site and the paved areas required to allow access to the buildings and for traffic circulation around the site result in very limited space for landscaping to be provided. The area west of the storage buildings is encumbered by an overhead transmission line easement which further restricts the landscaping of the site. 2. Due to the limited space between the storage buildings and the front property line it would not be possible to comply with the 20 foot setback and continue to provide space for people to access the storage buildings and allow for traffic and emergency vehicle circulation. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover has received the recommendation of the Planning Commission and approves the conditional use permit for outdoor storage with variances to subject to the following conditions: 1. The area of outdoor storage shall be limited to the area illustrated on Exhibit A. A ten foot setback shall be kept clear of outdoor storage along the west, north and south property lines of the designated area. 2. The applicant shall provide slats to the full height of the chain link fence in the areas shown on Exhibit A. Prior to installation, the applicant shall provide samples of the proposed material to the city for approval. 3. All vehicles, trailers and equipment within the outdoor storage area shall be in operable condition. There shall be no storage of partially dismantled or substantially damaged vehicles trailers or equipment. 4. The Conditional Use Permit shall be subject to a sunset clause as defined in City Code 12- 14 -6D. Adopted by the City Council of the City of Andover on this -th day of , 2011. ATTEST: Michelle Harmer, Deputy City Clerk CITY OF ANDOVER Michael R. Gamache, Mayor C I T Y 0 r Location Map NDOVE SAK&6w_^ ABC Mini Storage Incorporated 13624 Hanson Boulevard 1974 1 "17 13829 13809 13811 1657 13�79'7 1850 13779 a­ — 1777 Ir7I 13753 1635 NUM 1966" ..... 1786 1714 13650 CO 13833 13625 T8 R @Em 13525 13545 13533 I 13536 13530 p`.13496 i7348f'� 134711 1349062 pg L 13j� _j134 63 13482' 59 -Lott !iU33 13431 3400 >13396.1_3404:! 338_75'13380 3j84 11339 . . . . . . . . . . — - - - - - - - - - - - - - M5 .11 4 13 13309 >1 0 U) 1 '�7 1 " o 1 n R 1485 f__W_LJ 11 r. r142 BUMW�R'_LAKE BLVD 1530 l 1350 13301 N Subject Property S I i I . Q w n m G n -d ? O� c� �► -ws G• ° kt Fb m yl y r fit, m P cl• N w Y Y. • � N Y, 3 O o "o ma� 'mMu r fJ m t- Rn N Y-h O m O p m O r rFft�Y P mF{Hp N I Zap 0 Q w n %IY d ° cF .0 Rai ! 'W kt Fb m yl y r fit, m P cl• c-h Q w NnP.'OyI %IY d ° cF .0 Rai ! 'W kt Fb m yl y r fit, m P cl• c-h mwo� r Y, 3 rK ym V1 x ma� 'mMu m t- • N O m O p m O r y?y P mF{Hp N a �.�w 0 ry m O G y .m i'' wr — — — — — — — — JOD fr1 , 421X&Xlld MyXrE ylp�'1piJ F3C]lLIXNUS r Ip Y. c-t• c-h .0 r Y, 3 ry = N • N o O r y?y c n0 a O 0 ry d G W w E3 a C• N d Y N y �. V n0 • "3 b G- � r R Q n � � N N Ip `r• G � A ' ,Gi 6 . N r+ i'' wr — — — — — — — — JOD fr1 , 421X&Xlld MyXrE ylp�'1piJ F3C]lLIXNUS r Ip e • _ _pro ed� ID. bl 30.0` -, McR'ln" WiLM. 5 �apo�42tx91xVto' P1t4-p N FRo��4i'x8'.rll6'�-8 O Ivlp�Tp`•1 3UlLGNbS • MORT6W WILPIM6;S R � 37 d O_ 0� Z x C A D k • � I --- — — :. - . __ -- S mq I AN5oN BUD ee 14 N • N O r y?y c n0 a O 0 ry d G W E3 a C• N d Y N y �. V n0 • "3 b G- � r R •,1 n � � N N Ip p e • _ _pro ed� ID. bl 30.0` -, McR'ln" WiLM. 5 �apo�42tx91xVto' P1t4-p N FRo��4i'x8'.rll6'�-8 O Ivlp�Tp`•1 3UlLGNbS • MORT6W WILPIM6;S R � 37 d O_ 0� Z x C A D k • � I --- — — :. - . __ -- S mq I AN5oN BUD ee r S 4 S fr # ( } s' �yy 3nt , 1313£ �. � .__ - •� - }SY d 1 s 7 S f: Irl. e � Ia:,f `:;� z(Y Fit�3l Qt�x rrt!•. �G t� Aj }p y1+, 1 ; tf,4r, -#w K•#rvt j7 / //, Its a y l • ,r l 1S� P'4s y,* �niia''a�} l t .t•' A.' .� l �r:�6�4ci #s��14X �'i� � � f F9Sfi 1 f � S t i { i XcelEnergy NORTHERN STATES Po WER 414 NICOLLL'Tn4ALL, NIP -8 1,UNNL'A1'OUs,N1N 55401 January 25, 2011 Kraig Domogalla Emailed ABC Mini Storage of Andover 0 lcraigdomogaIla@aoJ.com 13624 Hanson Blvd NW Andover, MN 55304 ENCROACHMENT AGREE, ME, Project: Proposed Outside Storage /Parking Area, ABC Mini Storage of Andover, 13624 Hanson Blvd NW, Andover, MN Line 0954/0992 NEIA SE1/4, Sec. 34, T32, R24, Anoka County File: 2011.032 Dear Kraig; Please be advised that this Encroachment Aggyeernenat is not effective nnatil signed avid returned to Xcel Energy within 30 days of tine date of this letter, after fWA period ati ns NULL and VO;IflD. Xcel Energy has reviewed the nro osed outside storage area /larlein6 lot at A Mini Storage at 3362+ Hanson Blvd NW in Aeadovea, ln(i11 encroachment request submitted January 20, 2011. The encroachment is acceptable to Xcel Energy by adhering to the following and is conditionally approved with the provision that working clearances to Xcel Energy's transmission lines are complied with during construction and 'subsequence operation, maintenance and future decommissioning of the requested facility. Xcel Energy's reVievv of the proposed work indicates that the anticipated construction activities may be difficult to co'uPlete given the clearance requirements for this transmission line. Please refer to Section 5, Clearances to equipment and workers, for working clearances for this project. The encroachment requestor is responsible for ensuring construction activities do not violate the working clearance without proper protective measures and additional review from Xcel Energy. Additional review is required from Xcel Energy to work within the working clearance zone. To provide this review, Xcel Energy will need to be informed of tine activities, methods and equipment that will be used for construction. If working clearances cannot be observed during construction, OSHA and National Electric Safety Code (NESC) clearances must also be checked. if it is determined that work cannot be completed with adequate OSHA and NESC required clearances, the power transmission line will have to be removed from service (line outage) prior to construction, see Section 5 for instructions for arranging a line outage. Due to operational constraints on the electrical transmission system, a line outage may be difficult to schedule — therefore construction schedules should reflect the uncertainly Page 1 of 4 r Page 2 of 4 1/25/2011 associated with the availability of a line outage. Specifically summer and winter season outages may not be available at all for power transmission lines. (1) Excavation close to structure location. A mininuun distance of 25 feet of supported earth must be maintained from any part of the line structure. Support of the ground beyond the 25 feet may be provided by a slope no greater than three feet horizontal to one foot vertical. Support may also be provided by the use of cribbing, sheet piling, retaining wall or tunneling. The specific plan for providing the required support and the excavation plan for the proposed project must be submitted to Xcel Energy for review and approval prior to construction start. (2) Grade change around structure location. Fill around or above steel structure foundations is not permitted. The grade around the structures must provide for surface water runoff — no surface water ponding around structures will be permitted. Any cost related to the adjustment of Xcel Euergy's facilities will be at the requestor's expense. (3) Fill and grade change around guy wires-and anchors. Fill above the steel anchor rod-onto the guy wire is not permitted. The specific plan for any grade change or excavation in the vicinity of down guys and anchors must be submitted to Xce1. Energy for review and approval prior to construction start. (4) Grade change within easement. The ground elevation within the easement sball not be increased above the existing grade. Stockpiling of soil and /or material within the easement will not be permitted. (5) Clearances to equipment and workers. A working clearance of 25 feet between the electrical conductors and any cranes or digging equipment used in or near the easement and a clearance of 25 feet to the physical proximity of workers must be maintained at all times. In addition, any construction near the transmission line(s) shall comply with all OSHA Safety Clearances. If this clearance cannot be maintained, the contractor or developer must arrange for a line outage by calling Xcel Energy's System Control department (Steve Rollin 612/330 - 2375). Adequate advanced notice must be provided in order to schedule a line outage, if an outage is available. There is a fee of approxunately $350.00 per day, per outage, for this service. This fee must be paid prior to outage. The preceding two paragraph(s) must be included in a prominent location on the plan sets and specifications given to contractors. (6) Landscaping within the easement. Detailed plans for landscaping (including light standards) must be submitted to Xcel Energy ur advance of construction for review and approval prior to construction start. Generally shorter varieties of trees and shrubs, 15 feet or less manure height, may be considered. If planting is I Page 3 ql'4 112512011 permitted, the line's voltage and the tree's mature height and the distance from the line must be considered. For maintenance purposes there shall be no planting within 15 feet of structure sites, (7) Building on easements. There shall be no permanent or temporary building allowed within the easement area. (8) Fuel and refueling on easements. There shall be no fuel tanks stored or refueling of vehicles and equipment within the easement. (9) Streetlights and signs on easements. If there are to be. streetlights, signboards, identification signs or any other type of non- building structure within the easement, detailed plans must be submitted to Xcel Energy prior to construction for review and approval to verify compliance with electrical code clearances prior to construction start. Metallic structures must be properly grounded. The same working clearance criteria as stated in paragraph 5 also applies, for equipment used to erect and install light standards, sign boards, etc. Any metallic structure, pole, wire or item placed in the vicinity of a high - voltage transmission lhie will have the potential to become electrically charged clue to electrical induction. The development of an electric charge results in a potential difference between the metal installation and the ground, which can result in electrical shocks when the item is touched. Placement of such metallic installation should take into consideration the shock potential during the; construction, intended use AND Riture maintenance activities. Items which become charged mast be connected to a grounding rod or grounding system to prevent shocks. (10) Fences on easements. If the easement area is fenced, gates must be installed to provide access to Xcel Energy for maintenance purposes, Chain link or other types of fences using metal material and constructed on or near an Xcel Energy easement should be properly grounded to prevent shocks. (11) Structure protection. Where streets, parking lots or other areas are developed which expose transmission structures to vehicular traffic, steel post or guardrail type barricades must be installed in accordance with Xcel Energy specifications. In some cases, curbing will provide adequate protection It is the express condition of this consent that all other terms and conditions of that certain easement granted by Carl Sorensen et al on November 18, 1969, and recorded as Document No. 66205 shall remain in Rill force and effect. A copy of the signed Encroachment Agreement shall be lrept on site, available for review by Xcei Energy representatives, until all construction and site restoration has been completed. Page 4 of 4 1125/201.1 To acknowledge receipt of and agreement with the terms of this consent, prior to the commencement of any activities, please sign this letter and return it to me by fax. Fax signatures are accepted to expedite this process. If this signed agreement is not received back within 30 days of the date of this agreement, it will be presumed that you are not in agreement with its content and this agreement will be considered mull and void, the file will be closed, your request-will need to be resubmitted and the City or County Zoning Office will be notified of our action. Any changes to this original agreement shall make this agreement hull and void unless initialed by both parties. Thank you for your courtesy and cooperation. Sincerely, Bonnie Anderson ACCIG Land Rights Agent Siting and Land Rights Dept, 612 - 330 -6241 By 612 -573 -9227 (fax) Name: bomue j.anderson@%celener?y com Its cc: Dave Berldund. Will Pim / 1A -UL (0984/0992, Str. 184 -185) om o Current Variance Statute 394.27 CREATION AND DUTIES OF BOARD OF ADJUSTMENT. Subd. 7.Variances; hardship. The board of adjustment shall have the exclusive power to order the issuance of variances from the terms of any official control including restrictions placed on nonconformities. Variances shall only be permitted when they are in harmony with the general purposes and intent of the official control in cases when there are practical difficulties or particular hardship in the way of carrying out the strict letter of any official control, and when the terms of the variance are consistent with the comprehensive plan. "Hardship" as used in connection with the granting of a variance means the property in question cannot be put to a reasonable use if used under the conditions allowed by the official controls; the plight of the landowner is due to circumstances unique to the property not created by the landowner; and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone shall not constitute a hardship if a reasonable use for the property exists under the terms of the ordinance. Variances shall be granted for earth sheltered construction as defined in section 2160.06, subdivision 14, when in harmony with the official controls. No variance may be granted that would allow any use that is prohibited in the zoning district in which the subject property is located. The board of adjustment may impose conditions in the granting of variances to insure compliance and to protect adjacent properties and the public interest. The board of adjustment may consider the inability to use solar energy systems a "hardship" in the granting of variances. HF52 FIRST ENGROSSMENT REVISOR KS H0052 -1 This Document can be made available Printed L in alternative formats upon request State of Minnesota Page No. V HOUSE OF REPRESENTATIVES C Erce S SE SSION HOUSE FILE No. 52 SESSION January 10, 2011 Authored by Peppin, Smith, Nelson, Mahoney, Westrom Kid others The bill was read for the first time and referred to the Cmmuittee on Government operations and Elections February 24, 2011 committee Recommendation and Adoption ofReport: To Pass as Amended Read Se-oud Time 1.1 A bill for an act 1.2 relating to local government; providing for variances from city, county, and town 1.3 zoning controls and ordinances; amending Minnesota Statutes 2010, sections 1.4 394.27, subdivision 7; 462.357, subdivision 6. 1.5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.6 Section 1. Minnesota Statutes 2010, section 394.27, subdivision 7, is amended to read: 1,7 Subd. 7. Variances; lrardsl>.ip practical difficulties. The board of adjustment 1.8 shall have the exclusive power to order the issuance of variances from the terms of any 1.9 official control including restrictions placed on nonconformities. Variances shall only be 1.10 permitted when they are in harmony with the general purposes and intent of the official 1.11 control "' r• 1.12 , control, and when the terms of the variance 1.13 are consistent with the comprehensive plan. " 1.14 1.15 1.16 is due to -iretimsta the imidownft—, ftnd-the 1.17 , Variances mU be 1.19 granted when the applicant for the variance establishes that there are practical difficulties 1.19 in complying with the official control. "Practical difficulties," as used in connection with 1.20 the granting of a variance means that the property owner proposes to use the property in a 1.21 reasonable manner not permitted by an official control; the plight of the landowner is due 1.22 to circumstances unique to the property not created by the landowner; and the variance, 1.23 if granted will not alter the essential character of the locality. Economic considerations I.24 alone stlall do not constitute Section 1. HF52 FIRST ENGROSSMENT REVISOR KS H0052 -1 2.1 the terins of the ordh not 2.2 limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be 2.3 granted for earth sheltered construction as defined in section 216C.06, subdivision 14, 2.4 when in harmony with the official controls. No variance may be granted that would allow 2.5 any use that is proltibiterl not allowed in the zoning district in which the subject property is 2.6 located. The board of adjustment may impose conditions in the granting of variances to 2.7 insure compliance and to protect adjacent properties and the public interest. The board 2.8 2.9 the gratiting of varianees. 2.10 EFFECTIVE DATE. This section is effective the day following final enactment. 2.11 Sec. 2. Minnesota Statutes 2010, section 462.357, subdivision 6, is amended to read: 2.12 Subd. 6. Appeals and adjustments. Appeals to the board of appeals and 2.13 adjustments may be taken by any affected person upon compliance with any reasonable 2.14 conditions imposed by the zoning ordinance. The board of appeals and adjustments has 2.15 the following powers with respect to the zoning ordinance: 2.16 (1) To (tear and decide appeals where it is alleged that there is an error in any 2.17 order, requirement, decision, or determination made by an administrative officer in the 2.18 enforcement of the zoning ordinance. 2.19 (2) To hear requests for variances from the literal provisions of the ordinance 2.20 2.21 , at- �tteh 2.22 -variances only when it is demonstTated that such ftetions will be itt keTing with the spirit 2.23 and intettt of flie ordinance. " 2.24 2.25 terms of the zoning ordinance including 2.26 restrictions placed on nonconformities. Variances shall only be permitted when they are in 2.27 harmony with the general purposes and intent of the ordinance and when the terms of the 2.28 variance are consistent with the comprehensive plan. Variances may be granted when the 2.29 applicant for the variance establishes that there are practical difficulties in complying with 2.30 the zoning ordinance. "Practical difficulties," as used in connection with the granting of 2.31 a variance, means that the property owner proposes to use the property in a reasonable 2.32 manner not permitted by the zoning ordinance; the plight of the landowner is due to 2.33 circumstances unique to the property not created by the landowner; and the variance, if 2.34 granted, will not alter the essential character of the locality. Economic considerations alone 2.35 shall do not constitute See. 2. 2 HF52 FIRST ENGROSSMENT REVISOR KS H0052 -1 3.1 the ordirtanee. * * -a• practical difficulties. Practical 3.2 difficulties include, but is, are not limited to, inadequate access to direct sunlight for solar 3.3 energy systems. Variances shall be granted for earth sheltered construction as defined in 3.4 section 216C.06, subdivision 14, when in harmony with the ordinance. The board of 3.5 appeals and adjustments or the governing body as the case may be, may not permit as a 3.6 variance any use that is not pem1 tied• allowed under the zpnin ordinance for property in 3.7 the zone where the affected person's land is located. The board or governing body as the 3.8 case may be, may permit as a variance the temporary use of a one family dwelling as a two 3.9 family dwelling. The board or governing body as the case may be may impose conditions 3.10 in the granting of variances to insure compliance and to protect adjacent properties. 3.11 EFFECTIVE DATE. This section is effective the day following final enactment. Sec. 2.