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HomeMy WebLinkAboutWK - January 22, 2013LC I T Y 0 F NNiD0VEB;1 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV City Council Workshop Tuesday, January 22, 2013 Conference Rooms A & B 1. Call to Order — 6:00 p.m. 2. Review Master Plan of Sports Complex/12 -31 - Engineering 3. Discuss Pleasant Oaks Park Parking Lot — Engineering 4. Discuss Fence Request in Ponding Area (15949 Crane Street NW) - Engineering 5. Review Nightingale Street NW Reconstruction Design/12 -28 - Engineering 6. Discuss Survey Requirements for Building Permits- Planning 7. Discuss Reconsidering Variance Request/15873 Linnet Street NW - Planning 8. Discuss Amendment to the City Code 12 -12 — outdoor display, storage and sales in the SC District - Planning 9. December 2012 City Investments Review - Administration 10. Other Topics 11. Adjourrunent C I T Y O F NDOVE 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV TO: Mayor and Council, Members CC: Jim Dickinson, City Administrator David D. Berkowitz, Director of Pub ' orks /City Engineer FROM: Todd J. Haas, Asst. Public Works Director ' SUBJECT: Review Master Plan of Sports Complex/12 -31 - Engineering. DATE: January 22,. 2013 INTRODUCTION The City Council is requested to review the attached proposed Master Plan for the 40 acre Sports Complex, Project 12 -31. Jason Amberg with WSB will be presenting the proposed Master Plan that has been recommended by the Park and Recreation Commission. Attached are two (2) plan drawings. The first drawing is the Master Plan. The improvements that are included on the plan include the following: 3 full size fields (for football, soccer and lacrosse), access and nature trails, sledding hill, large play area, game court (for '' /z basketball, 4 square, and hopscotch), sand volleyball court, multi - purpose building (50 feet by 40 feet with concessions, restrooms and storage), storage building for Public Works and Athletic Association (approximately 40 feet by 30 feet), parking lots, small tot lot, new wetland demonstration area with overlook, prairie grass demonstration area, and frisbee disc golf (3 disc baskets). The fields are planned for lighting and irrigation. The second plan includes potential locations to provide 24 additional parking stalls should the need arise. Staff has suggested to the Park Commission that when association football games are scheduled (2015), that no more than two games be allowed to be played at the same time. We will have to see how it goes with the soccer games, they may have to stagger the start times if all three fields are going to be used to help out the parking situation. The Park Commission has reviewed Pine Hills Park (located across the street on the south side of 161" Avenue NW) as a potential overflow parking but the lot is already short of parking. There is limited space to expand parking at Pine Hills Park. Also there is potential that the baseball association will be using the park on Sunday's in the fall so using this lot as overflow may be difficult to accommodate. BUDGET IMPACT WSB has prepared a draft estimated cost (see attachment) for the proposed improvements. At this point $800,000 has been identified in the Capital Improvement Plan for 2013. Additional funds will need to be determined to help complete the first phase of the facility in 2013 -2014 and /or the proposed improvements may need to be modified. Mayor and Council Members January 22, 2013 Page 2 of 2 ACTION REQUIRED The City Council is requested to consider the proposed Master Plan for Sports Complex, Project 12 -31, as recommended by the Park and Recreation Commission. Respectfully submitted, Todd Todd J. Haas Cc: Ted Butler, Park and Recreation Commission Chair (copy sent by e -mail) Mike Johnson/Twila Hauck, Andover Football Association (copy sent by e -mail) Barb Anderson, North Metro Soccer Association (copy sent by e -mail) Glen Schneider, Andover Area Lacrosse Association (copy sent by e -mail) Jason Amberg, WSB (copy sent by e -mail) Attachments: Iv�aster Plan Master Plan with additional parking capacity,Cost estimate based on proposed Master Plan 1 owwpi� ferlook', Is Ir )otbridge'5 ver.-ditch SOW thlcone �Ssions, es jr. ZP :air -wwpI M 64 square, _ AM 4P' n , Zi VIZ-r-I I king - 24-stdils 40 Acre Athletic Complex City of Andover, MN I 4� e ut w I / o`� -- r - - - - -- - 1 L — — — — i iii i� / II f I L J L L F �I I hal L - -------------- - - - - -- :'N88$J'O1'O / I M 161ST AVENUE NW Master Plan Additional Parking Capacity Q 0 50' 300' Graphic Scale Andover 40 Acre Athletic Complex PRELIMINARY MASTER PLAN COST ESTIMATE January 15, 2013 A Base Phase One Development Item Description Est. Cost 1 Contractor Mobilization - assumes approx. 5% of project subtotal 70 000.00 2 Removals Clearing &Grubbing 12 500.00 3 Building Demolition work has been completed) 14 500.00 4 Grading earthwork & erosion control 150 000.00 5 Topsoil relocation - from flood plain area to athletic fields assumes 6" coverage) 56 250.00 6 Stormwater infiltration and infrastructure - perforated PVC encased in 1 -1/2" clear rock below the medians with riser tee sections and cast iron inletgrates, hdpe conveyance pipe, and connections 6 64,500.00 7 Entrance drive & parking " areas 6" aggregate) 45 550.00 8 Aggregate surfaced trail system 6" aggregate) 8,500.00 9 Electrical - distribution equipment, panels and service enclosure 42 500.00 10 Liqhting for expanded multi-purpose fields (lighted from perimeter with 12 poles) 448 000.00 11 Lighting for single multi- ur ose field 4 poles) 124 000.00 12 Irrigation system for athletic fields and immediately adjacent common spaces between fields and parking (installed by owner), Note that pump, water connection, vfd is included in price, but will be desi ned by others. 150,000.00 13 H.C. parking and mist. traffic signs b y owner 1,500.00 14 Portable Combination Football / Soccer goals - 3 sets of 2 goals (by owner 30,000.00 15 Turf seed 31 500.00 16 Sorts field seed 42 750.00 17 Fiber blanket for seeding in swales and steep slopes (budget cost 90 000.00 18 Miscellaneous Site Amenities: budget cost for benches, bike racks, trash recept, etc. (by 14,500.00 Subtotal: 1,396,550.06 Contingency @ 10% 139 655.00 Consultinq and Dermittinq fees 100 000.00 Estimated Total - Base Phase One Development 1,636,205.00 WSB Associates, Inc. Project No. 02087 -020 Andover 40 Acre Athletic Complex Project K: \02087 - 020 \L - Arch \DOCS\2087 -020 preliminary cost estimate.xls Page 1 Additional Considerations 1 tion - assumes a rox. 5% of project subtotal 1 Park Identification Monument (by owner ls Clearing & Grubbing 5,000.00 2 Landscape Improvements: minimal planting of trees at key locations (by owner 15 000.00 3 Lighting for parking lots 5 52 000.00 4 Portable Restroom Enclosures on concrete slabs - includes four 3 sided enclosures" 20 000.00 258 247 Additional Considerations Subtotal 92 000.00 8 nt markin s and traffic wayfinding si na e Contingency 10% 9 200.00 10' wide paved trails 323 000.00 Consultin fees estimated 13 800.00 Estimated Total - Additional Considerations 115 000.00 WSB Associates, Inc. Project No. 02087 -020 Andover 40 Acre Athletic Complex Project K: \02087 - 020 \L - Arch \DOCS\2087 -020 preliminary cost estimate.xls Page 1 nge Future Development 1 tion - assumes a rox. 5% of project subtotal 120 000.00 2 ls Clearing & Grubbing 10 000.00 3 earthwork & erosion control Isecondary 5000000 4 ter management improvements 32 500.00 5 nds entrance exit from Tulip St. ravel only) 8,250.00 6 dwa s and arkin lots 258 247 utter for roadw a s and arkin lots 84 000.00 8 nt markin s and traffic wayfinding si na e 3750.00 9 10' wide paved trails 323 000.00 WSB Associates, Inc. Project No. 02087 -020 Andover 40 Acre Athletic Complex Project K: \02087 - 020 \L - Arch \DOCS\2087 -020 preliminary cost estimate.xls Page 1 10 6' wide wooden boardwalk 143 750.00 11 Pedestrian bridges - across ditch @ two locations 60 000.00 12 Nature trails - soil surfaced 7,200.00 13 Lar ecom unityplayarea 100000.00 14 Small tot lot near large soccer green 40 000.00 15 Gazebo - with concrete slab and 4 picnic tables . 85 000.00 16 Miscellaneous Site Amenities: budget cost for additional benches, bike racks, trash recept, etc. for expanded ark areas b owner 32,000.00 17 Potable well -for sinks & drinkin fountains associated with multi- ur ose buildin 10 000.00 18 Septic & vault: Septic drainfield for sinks associated with multi purpose building, vault system incorporated for non - flushable toilets due to potential septic drainfield spatial limitations. We recommend a more detailed study of flushable toilets with expanded septic system prior to 105,000.00 19 Multi- purpose building - (50'x40') non flushable restrooms /storage /drinking. fountain/ concessions for packaged foods does not include kitchen 400,000.00 0 Stora a shed 40'x30' for public works and athletic association u 95 000.00 21 Overlook and wetland' demonstration area 25 000.00 22 Prairie Grass demonstration area (potential rant funding opportunity) 16 250.00 23 Ex anded irrigation of commons aces 50,000m 24 Games court - 1/2 court basketball 4 square hopscotch, etc. 14 500.00 25 Sand volle ball court 5,500.00 26 Disc. Golf - includes 3 holes and putting practice area 5,000.00 27 Landsca a Improvements: ornamental trees & shrub plantings at key locations b owner Turf seed 35 000.00 28 33 250.00 29 Fiber blanket for seeding in swales and steep slopes (budget cost 135 000.00 30 Electrical ex ansion &trail li htin 160 000.00 Additional Considerations Subtotal 244719000 Contingency 10% 244 719.00 Consulting & Permit Fees estimated 367 078.50 Estimated Total - Long Range Future Development 3 058 987.50 WSB Associates, Inc. Project No. 02087 -020 Andover 40 Acre Athletic Complex Project K: \02087- 020 \L- Arch\DOCS12087 -020 preliminary cost estimate.xls Page 2 a 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV TO: Mayor and Council Members CC: Jim Dickinson, City Administrator David D. Berkowitz, Director of Public Works /City Engineer FROM: Todd J. Haas, Asst. Public Works Director SUBJECT: Discuss Pleasant Oaks Park Parking Lot - Engineering. DATE: January 22, 2013 INTRODUCTION The City Council is requested to discuss Pleasant Oaks Park to determine if the existing gravel parking lot should be removed as recommended by the Park and Recreation Commission. DISCUSSION The Park and Recreation Commission at their meeting of December 20, 2012 have recommended removing the existing gravel parking lot at Pleasant Oaks Park for the following reasons: • Limited use of the parking lot as most park users walk to the site. • Expense of ongoing maintenance compared to limited use. • Vehicles are doing donuts in the parking and as small as the parking is, the vehicles are throwing gravel into the maintained grass areas. • Periodic washouts during heavy rain storms causing gravel to run down the street and then into the storm sewer and ponds /wetlands. • The use of the park has changed over time and is not used for athletics or ice skating anymore. • This park is classified as a mini park which in general does not have parking lots. Most of the users are from the neighborhood. Note: If this was a designated new park, the plan would not have a parking lot because of the mini park designation. Note: If the parking is to remain in place, Public Works will need to rebuild with a new gravel section due to the existing conditions. The neighborhood was notified of the possible removal of the parking lot and Staff did not receive any questions or comments. ACTION REQUIRED The City Council is requested to discuss Pleasant Oaks Park to determine if the existing gravel parking lot should be removed as recommended by the Park and Recreation Commission. Respectfully submitted, 400 14*-- Todd J. Haas Cc: Ted Butler, Park and Recreation Commission Chair (copy sent by e -mail) Attachments: Map of area ANL15Y 6 O F 1 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV TO: Mayor and Council Members CC: Jim Dickinson, City Administrator FROM: David D. Berkowitz, Director of Public Works / City Engineer SUBJECT: Discuss Fence Request in a Designated Pond Area (15949 Crane Street NW) - Engineering DATE: January 22, 2013 INTRODUCTION The City Council has requested to discuss a request . to place a fence in a dry pond located at 15949 Crane Street NW. DISCUSSION The resident at 15949 Crane Street NW has inquired on the placement of a fence through a dry pond area that exists in the back yard of the property. Through conversations with the resident staff has notified the property owner that a fence is not allowed in a designated pond area in the rear yard of the property as identified in City Code 12 -7 -2 A.3. Administration was directed by the City Council to evaluate the request and gave the same conclusion. The grading plan for Chesterton Commons North Second Addition identifies the drainage area on the subject property as POND 3 which has a 100 -year flood elevation of 898.3. The plat for this development identifies an easement in this area for drainage and utility purposes. The code allows fences in drainage and utility easement but does not allow fences in drainage areas, ponds, or wetlands. A pond is the area at the 100 -year flood elevation or lower. This pond handles the rear yard storm water runoff for 4 lots to the north and one lot south of the subject property. The City has an obligation to protect and maintain the storm water system to prevent flooding of properties and structures. As encroachments occur to the system the design is compromised and access is limited leading to concerns about the function of the system and how to accomplish maintenance needs and requirements. In 2006 a fence and retaining wall permit process was developed to protect against such encroachments and put in safe guards to protect the storm water system. In April of 2011 the City Council amended the Code for fence locations to allow flexibility but still maintain the basic need to protect and maintain the system. As staff enforces the code it is important to be consistent in the requirements and enforce the City Code to what is allowed. ACTION REQUIRED The City Council is requested to discuss the request and direct staff on how to proceed. Respectfully submitted, David D. Berkowitz Attach: Letter from Resident, City Code 12-7-2, Grading Plan, of Survey Cc: Ms. Brielle Nightingale (15949 Crane Street NW, Andover MN) Vision Statement: Andover, a safe, growing community in which to live and work which enhances the quality of its citizens' lives through recreational opportunity, quiet neighborhoods, civic involvement, fiscal and environmental stewardship. Good Evening! My name is Brielle Nightingale and my address is 15949 Crane Street NW I come to you this evening with concern of the safety for my 5 year old son with special needs. My husband and I recently purchased the home at the stated address along with our 2 children. While taking the proper steps in gaining approval to place a fence in our backyard, we were informed there is a city easement around a drain system and dry pond area located along the property line and our backyard. Much to my surprise, I was notified we are not able to place any form of fence along the north side of our backyard and about 40 feet into the backyard from the drain. Unfortunately, there is no way to enclose our backyard for the safety of our child. initially spoke with Kameron Keytonen and proposed a solution that would prevent any drainage or access issues. We proposed to set the fence back at least 10 feet from the drain. The fence would be chain link where water could freely flow, and we would have a 10 -20 foot gate in which the city could gain access to the backyard at any time. This request was denied and I was instructed to speak with the city Engineer. I then gave the same proposal to David Berkowitz and was given the same denial. We were told that they must remain consistent with the city ordinance and can not approve my request even though I have proposed solutions to all concerns, as well as the knowledge of my sons medical diagnosis. In Chapter 7 of the city Zoning regulations 12 -7 -2 A 4 states For fence placements on 2.5 acres and larger lots, the City may permit non - restrictive fencing in drainage, wetland or ponding areas as long as they do no restrict the flow of water. Access to ponds, wetlands and other such areas may be required by the City for maintenance purposes. (Amended 4/19/11, Ord. 405) Our lot size is less than 2.5 acres. No matter the size of the lot, safety of any child should outwiegh these restrictions. The first line of the Andover vision statement states "safe" however, feel that my son has been denied safety in our own backyard. Due to his condition, he does not speak, he does not understand boundaries, he is impulsive, and has strong interest in that drain on our property. I am asking you to please allow us to place a fence in our backyard as proposed to the city engineer to provide the necessary safety for our son. There is nothing more important than the safety of our children, and according to the Andover vision statement, it is a priority for the city as well. I have pictures of the area, the gate for access, and our lot survey if you would like visual. I also have a copy of Drews medical records that indicates his diagnosis and high risk for safety concerns. Thank you for taking the time to listen to me this evening. J J IP4 it MIUMA L oft An= unmomm V �s N t w. 0 CHAPTER 7 FENCES AND WALLS SECTION: 12 -7 -1: Permitted Use 12 -7 -2: Locations 12 -7 -3: Fence Height 12 -7 -4: Performance Standards 12 -7 -5: Barbed Wire and Electric Fences 12 -7 -6: Exemptions From Provisions 12 -7 -1: PERMITTED USE: Fences, walls, hedges and similar barriers herein referred to as fences shall be permitted in all yards'subiect to the provia (ns rd +hrh_p " A permit is required for the construction of all fences or walis_that are located on, in, or near any property line, drainage and utility easement, or wetland in the City of - Andoyer. A permit application shall be submitted for review by the Engineering Department and an application fee shall be paid as outlined in Chapter 1 -7 -3 of this code prior to the issuance of any permit. (Amend. 12/6/05, Ord. 317) 12 -7 -2: LOCATION: A. Fences shall be located entirely on the private property of the individual constructing the fence. Fences may be placed up to the property line. It is the responsibility of the property owner to determine the location of property lines. Fences may be located in any private yard or along a side or rear property line, except as follows: 1. No fence shall be placed in the public right -of -way. 4 'Np I Q \S aA 3 Fences shall not be placed in underground utility easements. Fences may be placed in other utility easements if they do not interfere with existing utilities. The existence and location of private utility easements and equipment must be determined by contacting Gopher prc 1 nS State One Call. (Amended 4/19/11, Ord. 405) ne i 5hbot N� Fences sh�ll_not be constructed or placed in drainage areas, fonds, or «� IS wetlands. Eames shall not be placed in easements that provide_ t vehicle access for the maintenance of drainage, ponding, or wetland ar eas. (%mended 4 /19 /11,..QrLL 40 I 4. For fence placements on 2.5 acres and larger lots, the City may permit non - restrictive fencing in drainage, wetland or ponding areas as long as they do no restrict the flow of water. Access to ponds, wetlands and other such areas may be required by the City for maintenance purposes. (Amended 4/19/11, Ord. 405) 5. Fences in any area shall not be enclosed, hinder or restrict access to utility boxes, fire hydrants or other above ground utilities. (Amended 4/19/11, Ord. 405) 6. Fences on corner lots shall not encroach upon the Clear View Triangle as defined in Section 12 -2 -2 of this code. B. Any fence placed in violation of this section shall be the liability of the property owner who constructed it. The City, or any other agency having authority to work in a right -of -way or easement area, shall not be liable for repair or replacement of such fences in the event they are moved, damaged, or destroyed by virtue of the lawful use of that area. Any damage caused by the illegal placement of a fence shall be the responsibility of the property owner who constructed it. 12 -7 -3: FENCE HEIGHT: A. In the rear and side yards up to the front fagade of the principal structure, fences up to a height of six (6) feet are allowed. (Amended Ord. 386, 8/5/09) B. Fences located closer to the front property line than the principal structure, shall not exceed four (4) feet in height. In the R -1 Single- Family Rural Residential and R -2 Single- Family Estate zoning districts, "ornamental fences ", as defined in Section 12 -2 -2 of this title, of up to six (6) feet in height are permitted in all yards, provided the fence does not encroach upon the Clear View Triangle as defined in Section 12 -2 -2 of this code. (Amended Ord. 386, 8/5/09) 12 -7 -4: PERFORMANCE STANDARDS: A. Construction and Materials: Every fence shall be constructed in a workmanlike manner. For all fences constructed after the adoption of this title, all posts, supports, and framework shall be placed on the inside of the fence, with the finished side facing the abutting property or street. Fences in all districts shall be constructed of materials widely accepted in the fencing industry. No plywood boards, canvas, plastic sheeting or metal sheeting shall be used for any fence construction. No fence may have boards, planks, or panels larger than twelve (12) inches in width. Chain -link fences shall be constructed in such a manner that the barbed end is at the bottom of the fence. Silt fences shall only be allowed on construction sites or where deemed necessary to prevent soil erosion. Snow fences shall only be allowed between November 1 st and April 15tH B. Maintenance: All fences shall be maintained in good condition and vertical position. Any missing, broken, incomplete, or deteriorated sections of fencing material or structural elements shall be replaced with the same quality of material and workmanship. All exterior wood surfaces, other than decay resistant woods, shall be protected from the elements and decay by a protective covering or treatment. If twenty -five percent (25 %) of the surface is peeling, cracked, chipped, blistered, or weathered beyond effectiveness, the exterior surface shall be refinished. The entire surface shall be uniformly treated and maintained with the same quality of workmanship. (Amend. 12/6/05, Ord. 317) Any fence not in conformance with this subsection shall be declared a nuisance and repaired so as to be in conformance or removed by the property owner. 12 -7 -5: BARBED WIRE AND ELECTRIC FENCES: A. A security arm for barbed wire to a maximum of eight (8) feet may be permitted by Conditional Use Permit in industrial or business districts. B. 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Berkowitz, Director of Public Works / City Engineer SUBJECT: Review Nightingale Street NW Reconstruction Design/12 -28 - Engineering DATE: January 22, 2013 INTRODUCTION The City Council is requested to review the preliminary layout for the proposed Nightingale Street NW Reconstruction, Project 12 -28. (D DISCUSSION Attached is a preliminary layout for the proposed Nightingale Street reconstruction project. The layout will be presented at the meeting for review and discussion. Items previously discussed such as left and right turn lanes and a trail section on the east side of Nightingale Street from Crosstown Boulevard NW to 157th Avenue NW is included in the layout. ACTION REQUIRED The City Council is requested to review and discuss the preliminary layout for the reconstruction of Nightingale Street NW and provide comments. Respectfully submitted, David D. Berkowitz Attach: Preliminary Turn Lane and Trail Layout I I J: I 12" C. I 6" ° . I I I I 1526D � I 10" I 0„ �I T I 0' I 24' I g I �I I I I BLVEIERAN'S MEMORIAL VD NW AL 151ST LANE NW I I I .I ROUND L E BLVD W l .I I .I I •I I I I I I I I I I it w I I I i. I l I I I iI t I I I I I I I I I .I I .I I l 1 2035 / ELI IN 15127 0 N N W_ W 0 �o o z� o - II -J J Q U Ln 0 14124 CROBST BLVD NW 154TH LANE NW 2048 1 i 1 I i dl _ I 112' C. 6" ° 154TH LANE NW I I I 1980 I I I I I I II I� I I ! I 24" I I I I I II I II 48 ",5,05 I ° -J I' 16" I II I Ij I 6" I II I I 1975 I I. II. i r24 1 I I I I I ,984 I l f II I II I I I I „ I I I I . I II I II I �I II I I II I I I ,53D2 II I 1 2032 15M AVE NW - - -- 2046 I / r I N C_7 I I I 11 MUM LANE NW I r 211 I I 4 I I C. I' I I 4 4 6" F / 5496 FF 195] 2146 2023 w� 158TH AVE NW 157TH LANE NW 2832 1968 1 I 19]1 I I ; . I I 155TH LANE NW I I I I 15658 I I I I I I I I � ia9�cnnoN 15832 15828 I I I I I I 1seo6 I I I I I I I I I 15]96 I I I I I I 15]84 I I I I I I 15T/0 I I I I I I 16" I 6 „ 15]88 157TH LANE NW 1950 I II O O N N w. LiJ O LL ° o z� LJ J^ Q U !n O ... ... T. ... /-f ---------------------- ---- ------ - - - - -- 151 ST AVE NW (CSAH 20) — — — — --------- - - - - -- ----------------- rl 0 5' \ Flo 2012 N n u 1 f 101, 8 ' 16052 - -- VO" 12" 6 o _ 61, 6„ F ` 12" ,6042 „ I 4„ I I 2„ I " I I 159TH LANE NW _ 159TH LANE NW 5 I I I I I I � I I I I I I I I I zoo I I I I 10" 10" I . I I 1966 I I I I �. 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: Mayor and Council Members CC: Jim Dickinson, City Administrator FROM: David L. Carlberg, Community Development Director SUBJECT: Discuss Survey Requirements for Building Permits DATE: January 22, 2013 INTRODUCTION The City Council is requested to discuss whether surveys should be required for all building permit activities. This discussion comes to the Council in light of a couple building placement issues in relation to property lines. BACKGROUND Currently the City does not require surveys for all building permit activities unless site conditions warrant it. For example, if someone is applying for a deck permit on a house that greatly exceeds the setback requirements a too scale sketch/drawing is adequate. However, if the building activity is close to a property line or easement and warrants further site details a survey can be required. The reason the City does not require a survey for all building permit applications is cost. The cost of a survey can range from several hundreds of dollars to thousands of dollars depending on the historical information available for the site. A deck permit is typically in the $604100 range and a standard two car garage is in the $300 4400 range. To require a survey that could potentially cost 10 to 30 times the permit amount will frustrate the homeowner especially if the construction activity is minor and no potential setback issues exist. The Building Department does perform on -site inspections as a part of the building permit process. To Staff s knowledge very few mistakes have been made following the current practices in light of the volume of permits processed annually. ACTION Discuss and provide direction to staff. Respectfully Submitted, David L. Carlberg O Y O F OVE: 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Mayor and Council Members CC: Jim Dickinson, City Administrat FROM: David L. Carlberg, Community Deve ment Director SUBJECT: Discuss Reconsidering Variance Request —15873 Linnet Street NW DATE: January 22, 2013 INTRODUCTION The City Council at the November 27, 2012 workshop briefly discussed the variance request to the frequency of allowing lot splits as provided in 13 -1 -3 of the City Code for the property at 15873 Linnet Street NW. The Council on December 18, 2012 directed staff to place this item on a workshop agenda to further discuss the decision to deny the request. BACKGROUND Attached are the staff report, minutes and resolution from the June 19, 2012 meeting for City Council information. Also attached is the minutes from the November 27, 2012 City Council workshop. ACTION Provide direction to staff on how Council would like to proceed. �Respectfully Submitted, David L. Carlberg Attachments • November 27, 2012 City Council workshop minutes • Resolution Denying the Lot Split Request • Minutes from the June 19, 2012 Council meeting • Staff Report from the June 19, 2012 Council meeting 0 •,0 Regular Andover City Council Meeting Minutes — December 18, 2012 Page 4 PUBLIC 2013 DEBT SERVICE LEVY CHANGES City Administrator Dickinson stated Anoka County Property Records a xation Division requires a City Council resolution changing bonded indebtedness ies for the 2013 levy that would have been certified to Anoka County as part of prio ars bond sales. When the City issues bonds, a certification of the bonded indebteSlae< levy is sent to Anoka County. The County is charged with assuring on an annua sis that local government bonded indebtedness payments are made. To assist in moni g, the County is requesting a resolution that would update all or a portion of previo certified bonded indebtedness levies. Motion by Council er Trude, Seconded by Councilmember Howard to approve a resolution updating Certi onded Indebtednes ed unanimously. (See l orrR - DISCUSS RECONSIDERING VARIANCE REQUEST — 158 73 LINNET STREET NW Councilmember Trude stated she had reviewed Roberts Rules of Order with the City Attorney and it is acceptable to bring back a motion, at any point, and the motion has to be brought back by someone who voted on the side that passed. At a recent meeting the City did approve a property split of one parcel for this property. This brought to mind the denial of the variance and had it been approved the City would have had another parcel added to the City's lot inventory. It will be 3 -years before this parcel can be split again according to the City's ordinance. She stated this would be an appropriate discussion for a workshop where staff and the Council would have some time to talk about the policy implications and impacts to future projects. She stated she personally thinks this is a unique situation and this is why she would be willing to revisit and revote on the variance. Staff does have some policy concerns they would like to discuss with the Council prior to the Council reconsidering this variance. It can be brought back to a future meeting once the City has decided if they would like to look at the ordinance on lot splits, the timing of lot splits, or look at situations individually. In this case there had been a couple of situations where the individual had found in staff reports that showed some of the drainage matters had been discussed and there is a shortage of lots in the community. This individual did not expect to be a developer but the properties were developed on three (3) sides of him. There are City sewer and water connections to these lots and this is a capital investment of the City that will sit idle until these lots do develop. There is interest and demand in the community for urban parcels. The uniqueness in this situation is related to the individual not intending to develop these parcels but being hit with assessments due to the projects that were happening that were beyond his control. It would not be difficult for the Council to write up reasons to grant the variance but recognizing and respecting some of the staff policy concerns this should be discussed at a workshop to determine if the City wants to look at the policies and make changes and/or exceptions. Mayor Gamache stated this can be moved to a future workshop. 0 Regular Andover City Council Meeting Minutes —December 18, 2012 Page 5 Councilmember Trude stated the major concern is that the City review all of the policy concerns. The individual did not initiate this request so it can be discussed at the January workshop. It was the consensus of the Council to direct staff to do additional research for this variance request and schedule further discussions at a January City Council workshop. City A mstrator Dickinson updated the City Council and the residents regarding administ tion and city department activities, legislative activities, development and CIP projects, aft, upcoming meetings and community events including the progress at Parkside at Andover Stat n, a potential offer from a 20 -unit senior housing project, and an application from Christian Broth \very utomotive on Bunker Lake Boulevard. There will be information at a future EDA meregarding the potential 20 -unit senior housing project. The Planning and Zoning Commi ill review the application from Christian Brothers Automotive in January and to the Cou ruary. A Hickory Meadows Second Addition plat for ten (10) additional lots ubmi ed. Administration has been working on the contingencies for potential open purcha sand coordinating the closing of a gas station at the corner of Crosstown Drid Bunker ake Boulevard. One of the contingencies for this parcel was to have a Phase 1 ronmental e and reviewed. Based on the review there are no additional red flags so the is moving fo and with a December 31 closing for this parcel. The Community Ceas been very bu and the concession area will be shut down by the end of th e week for a e of weeks for Sub ay to come and make the necessary changes in order to open in Januare total single - family omes for 2012 is at 81 and the third floor for the Arbor Oaks project is ntly under constructio City Engineer Berkowitz stated staff has been rking on snow removal. The City recently received 14 -16 inches of snow and because it had een a continuous snow there were areas that had been packed down but staff has been able to ge\desl eared. The City's ice rinks are being flooded and they should all be ready by the holidayity has awarded a contract to a consultant to begin working on the Master Plan and for Phase 1 f or the 40 -acre Park on Tulip Street. The Park Commission will be scheduling a c uple of joint meetings with the Council to review the plan over the next couple of months. e Consultant has already put together a couple of ideas and layouts. City Administrator Dickinson stated City Hall offices would be closd December 24`h and 25`h and January 1" MA YORICO UNCIL INPUT (Mobile Library) Councilmember Trude stated the Library project is moving ah�d at the Community Center. They were able to identify a location for the book lockers. There will be Library staff on site when the project launches in order to make sure everyone has a library card W. ? wosks�op it_� Andover City Council Workshop Meeting Minutes —November 27, 2012 Page 6 Lot Split Variance Request Councilmember Trude stated the City Council had voted 3 -2 to deny a lot split variance earlier this year with the hope the property owner would plat the available lots. It is obvious a plat will not be filed because one lot was recently split. Therefore, in order to add another lot to the City's inventory she would like to make a motion to reconsider, which under Roberts Rules on the denial of the variance at an upcoming council meeting. She suggested the unique characteristics stated by Councilmember Knight at the earlier meeting could be the basis for this action. Councilmember Trude also asked staff to proceed with vacating the street easement on this parcel since it will not be needed once the nearby intersection with Nightingale becomes a full movement intersection. Councilmember Bukkila stated this had been reviewed and voted on by the City Council already. Councilmember Trude stated if the Council acts to change the vote then he could split the lot now rather than in three (3) years. He is interested in doing the additional split. Ci Administrator Dickinson stated this could possibly be added to the City Council meeting nn December 18 . WDE Presentation Update on Howard stated he had requested City Administrator Dickinson schedule a some would like an date on what is happening. City Administra Dickinson stated they are trying to extract fluid out of the land fill. He will schedule another presentation for the City Council. Recess and Reconvene Mayor Gamache recessed the City Co>� the City Council to discuss City Admini The City Council reconvened at 7:58 p.m. Animal Trapping Petition workshop meeting at 7:23 p.m. to a closed session of itox Review. Mayor Gamache stated the City should expect to see a petition from Round Lake Association in regard to animal trapping on the lake. They do not want to see animal Aping on the lake. 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R062 -12 A RESOLUTION DENYING A VARIANCE TO CITY CODE 13 -1 -3 FREQUENCY OF SPLITTING LOTS ON PROPERTY LOCATED AT 15873 LINNET STREET NW LEGALLY DESCRIBED ON EXHIBIT A. WHEREAS, the Planning Commission held a public hearing and reviewed the variance request to allow two lot splits without compliance with the three year waiting period provided in City Code 13 -1 -3; and WHEREAS the Planning Commission finds the request does not comply with City Code 13 -1 -3; and recommends denial of the proposed variance; and WHEREAS, the City Council is in agreement with the recommendation of the Planning Commission that the request does not comply with City Code 13 -1 -3; and WHEREAS, the City Council finds that the granting of the variance would circumvent the platting process as required by the City Code. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover has received the recommendation of the Planning Commission and hereby denies the variance request based on the findings in this resolution. Adopted by the City Council of the City of Andover on this 19th day of June, 2012, CITY OF ANDOVER ATTEST: iylichaei R. Gamac le, Mayor ' "1 Mi helle Hartner, Deputy City Clerk co Resolution R062 -12 Exhibit A Legal Description (PID # 15- 32 -24 -43 -0018) THE EAST 310 FEET OF THE WEST 1010 FEET LYNG NORTH OF THE SOUTH 95936 FEET OF THE SW1 /4 OF THE SE1A OF SECTION 15 TOWNSHIP 32 RANGE 24, ANOKA COUNTY, MINNESOTA AS MEASURED ALONG THE WEST & SOUTH LINES OF SAID 1/4 1/4, SUBJECT TO EASEMENT OF RECORD Regular Andover City Council Meeting Minutes —June 19, 2012 Page 3 mf -�ko' Y1r�� Ind �t'Crj Commander Halweg, Anoka County Sheriff's Office, provided the City Council nd residents with an update on law enforcement activities within the City for May 2012 includ' g 10 DUI arrests, 5 domestic assaults, and an incident that resulted in felony terroristic threats. Councilmember Trude asked if the person who had been the center o search on Saturday had been located. Commander Halweg explained this person had been located. Mayor Gamache asked if the significant drop in DUI arr9dts was likely due to Pov's closing. Commander Halweg stated the number of DUI arre s has dropped significantly on the days that had been traditionally high when Pov's was open hursday evenings. Fire Chief Winkel acknowledged Command Halweg's 10 -week training course at the FBI Academy in Quantico, Virginia. He state there were three (3) people from Minnesota selected to attend the program and there were 48 tates and 24 foreign countries represented at the training course. Mayor Gamache stated the Sheriff s Department would be participating in a mock major catastrophic drill this Saturday/6t Federal Cartridge. Fire Chief Winkel stated t Fire Department from Andover and surrounding communities would also be participating. 7 Commander HalweX stated the annual Safety Camp had over 100 students this year and was a big success. Councilme er Trude stated there had been some problems with being able to distribute the flyers thro h the school due to the current policy the school district has for these types of announc ,offients. She stated this process would be reviewed and the proper steps taken to get this informition distributed through the schools. Knight to attend the training CONSIDER VARIANCE REQUEST (12 -01) TO CITY CODE 13 -1 -3 FREQUENCY OF SPLITTING LOTS AT 15873 LINNET STREET NW Community Development Director Carlberg stated the applicant is seeking approval of a variance to allow two lot splits to occur without the 3 -year waiting period required by City Code 13 -1 -3. This is an unusual request due to the fact that variances to this section of the City Code are typically reviewed as part of a lot split application as provided by City Code 13 -1 -7. In August Regular Andover City Council Meeting Minutes —June 19, 2012 Page 4 of 1977 the City adopted Ordinance 40 to formalize a process for the splitting of lots by metes and bounds descriptions. This process is essentially a waiver of platting requirements. Staff could not find record of a variance being approved to allow splitting of multiple lots through the lot split ordinance after Ordinance 40 was adopted. The Engineering Department is recommending that a grading plan be prepared and approved for the entire site so that as lots are individually graded, drainage will not affect other lots as they develop. Staff cannot recommend approval of the proposed variance due to the fact it conflicts with City Code 13 -1 -7 and the intent of City Code 13 -1 -1 and City Code 13 -1 -3. The Planning Commission reviewed this request and recommended denial with a 5 -1 split vote. He explained the difference between doing a lot split and going through the platting process would be in a lot split the City is only looking at the lot that is split off but in a plat the City would be looking at the entire site. Councilmember Knight asked if there had been any similar requests in the past that had not been approved by the City. Community Development Director Carlberg stated staff could not find any records of similar applications. Councilmember Trude clarified the City has had two (2) lot plat applications that have been approved but these had followed the City's procedures and gone through the platting process. The City's ordinances and laws encourage the platting process so the development can be reviewed as a whole to ensure proper drainage and easements. The Engineering Department is recommending that a grading plan be prepared and approved for the entire site. The grading that had been done with the original Cardinal Ridge plat was done so the developer would not have to construct retaining walls to ensure proper drainage but this does not mean the lots are graded the exact same as the Cardinal Ridge lots. This property was not included in the approved Cardinal Ridge plat so the grading was not reviewed. Mr. Scott Allen, 155873 Linnet Street NW, Andover, explained he is requesting a variance allowing him to split and sell two (2) of his four (4) possible lots at this time. The two (2) future lots have been fully graded with the Cardinal Ridge 2 "a Addition plat and once they are split would be ready for sale. Currently there is a builder interested in purchasing these lots if the variance could be obtained. He stated he would be willing to grant the necessary easements to the City in order to complete the request. The City's Engineering Department has requested a grading plan be completed for the entire lot but this is unnecessary because the two (2) proposed lots have been graded to specifications for the Cardinal Ridge 2 °a Addition. A grading plan would be needed if he were going to sell the remaining lots because these have not been graded, and there is a grade separation. Councilmember Trude stated the grading could still pose a problem because there would be homes on these lots now and this would change the drainage patterns. She stated a grading evaluation should still be required. d Regular Andover City Council Meeting Minutes —June 19, 2012 Page 5 Mr. Allen stated the lots had been graded previously. Once the irons are placed in the corners they are ready to be built on and there are no additional changes in the grading expected. He explained the remaining property would not change and the drainage would remain the same as it is currently. He stated he would agree that a full grading and drainage plan would need to be done if he were to split the remaining two (2) lots from his property in the future but he is not planning on doing anything with these two (2) lots at this time. Community Development Director Carlberg provided a ghost plat, which showed the parcels being considered and the location of Mr. Allen's home. Councilmember Trade asked if the two (2) lots are part of the Cardinal Ridge plat. Mr. Allen stated these lots were not part of the Cardinal Ridge plat. They are included on the grading plan but they are not part of Cardinal Ridge 2 "d Addition. At the time of the development it was easier for Mr. Minks to get these lots up to grade rather than build a retaining wall. Councilmember Trade stated there are two problems. One is Mr. Allen is a City employee and the Council and staff know him well. Second, there are potentially four (4) lots and the City has required other developers to go through the platting process regardless of the number of lots. She expressed concerns that approving this would set a precedent for other property owners who would like to split a couple of lots without going through the platting process. The platting process sets easements and better property descriptions. Mr. Allen stated he would have a surveyor place the corner irons and he would grant any drainage and utilities easements the City may require. He explained if the lots are split then he would not have to have grading done. He had received a quote to have the platting done for the two lots and it was double the cost of doing two lot splits. Councilmember Trade clarified the applicant has a plan for the future development of this property and if the Council approves this lot split now it would set a precedent for the applicant to request a similar split in three (3) years without having to plat the property. Mr. Allen clarified he is only requesting a variance from the number of variances requests that can be done in a three (3) year period for these two (2) lots because they are already graded and should not require a plat to be done. He explained his plan was apply for this variance and if it were approved he would apply for the two (2) lot splits. His remaining property would then be under the 2.5 -acre minimum. He would then apply for a variance to not hook up to City water and services. He has a fairly new septic system and he would like to continue to use until it fails. Community Development Director Carlberg stated if the variance were granted then the applicant would also have to request to have the two (2) lots rezoned from R -1, Single - Family Rural to R- 4, Single- Family Urban. The remaining property would then be 2 -acres and he would have to CC)) Regular Andover City Council Meeting Minutes —June 19, 2012 Page 6 request a variance or rezoning for this property. Mayor Gamache stated there seems to be a full grading plan and it is the same as the grading for the rest of the development. He clarified the Council is more concerned about the plat process not being followed. He stated if these two (2) parcels had been owned by Cardinal Ridge then the City would not have required the developer to plat Mr. Allen's property and review the drainage so he is unclear why the City would want to require Mr. Allen to provide a full plat of the remaining property when these two (2) lots have already been graded to match the development. Community Development Director Carlberg stated the City does not require an adjacent property to plat their property but in this situation the property owner is requesting a lot split, which brings the whole property into question. Councilmember Trude asked if this could be split as one parcel and then whoever purchases it includes it as an amendment to their development. It would then become part of a plat. Mr. Allen stated the developer does not want to do this. The developer wants to be supplied with finished lots. These two (2) lots are graded to match the Cardinal Ridge 2nd Addition. He clarified the remaining portion of his property was not graded the same way. The remaining property was only graded to drain into the swale. If the remaining lots were sold then a full grading and drainage plan would be needed. Councilmember Knight stated these lots provide a practical location for two (2) new homes. Councilmember Trude clarified the City needs to consider the process and if they are willing to forgo the process and potentially set a future precedent. Mayor Gamache stated in order to grant the variance the City would need to find reasons for this. Councilmember Trude stated practical difficulty cannot include the applicant not wanting to pay to have the property platted. Mr. Allen stated this is a unique situation because these lots are part of a new development grading plan. Community Development Director Carlberg stated he could not say for certain the grading has not been verified. Councilmember Trude stated the Engineering Department would not have gone onto private property to verify the grading. Mr. Allen stated they might have verified it because he had granted full access to the City and the Regular Andover City Council Meeting Minutes — June 19, 2012 Page 7 developer at the time the grading had been done. Councilmember Howard stated the City does not know for certain that these two (2) proposed lots are certifiable to the grading plan. Mayor Gamache stated the City has something on file showing the remaining lots had been examined. Councilmember Trude stated the City is making an assumption that something that was sketched in and not legally part of the developer's obligation, is going to meet the grading plan on file. She clarified a lot split is when a parcel property is breaking off one (1) section. If there are more than one (1) parcel split off then the platting process comes into effect. Mayor Gamache stated at this time he is showing these potential lots as part of a grading plan and any future split he does would require a grading plan because he does not have one for those lots. Mr. Allen stated at this time he is only asking the Council to consider the frequency of lot split requests. He would still need to apply for the actual lot splits and the grading would be looked at more closely with that application. Community Development Director Carlberg expressed concerns if the variance is granted. The area had been graded in order to avoid the need for a retaining wall. If the variance were granted then the three (3) year waiting period would no longer apply for future requests. Developers could work out grading issues with adjacent owners and then those property owners could come in and expect to split their properties without waiting the three (3) years. Councilmember Trude stated the City is uncertain if the grading plan had been carried out on Mr. Allen's property. There was no permit for work done off -site from the plan. She suggested the Council table this discussion until an engineer would be available. Mayor Gamache asked if there was a way these two (2) lots could be sold. Community Development Director Carlberg stated the applicant could sell the piece that would be the two (2) lots but then the developer would have to wait three (3) years to split the property again or they would have to plat the property. The platting process would make this a subdivision. Councilmember Knight stated if stipulations were made to the approval and if this would prevent setting precedent for future requests he would be in favor. Community Development Director Carlberg stated if this application were granted then the findings as to practical difficulties would need to be identified that make this situation unique. There has not been a variance granted since 1977 and approving this request may change the Regular Andover City Council Meeting Minutes —June 19, 2012 Page 8 three (3) year waiting requirement. Councilmember Howard stated he is concerned about setting a precedent for future developers and property owners. Mr. Allen stated if the application is denied then he could split one (1) lot now then wait three (3) years to split the other lot and this would accomplish the same thing he is requesting to do at this time. Councilmember Trude stated the advantage of the platting process is being able to do things like this more efficiently. Community Development Director Carlberg explained the purpose of the three (3) year window is to encourage people to plat their property to look at the entire property. If the Council grants a variance then there needs to be sound findings so that other property owners and developers don't come in with similar situations and request a lot split. Doing lot splits encourages piece - by -piece development and the platting process encourages better development. Councilmember Trude asked if zoning ordinances applied the same way to lot splits as they do for developments. Community Development Director Carlberg stated the zoning is the set backs and lot dimensions and those apply but the subdivision process does include things like grading, drainage and utility easements and a more detailed review of not just the parcel but the entire subject property. Mayor Gamache clarified going through the platting process would not make the sale of these lots financially feasible for the applicant. He also stated the grading was not verified at the time it was done so the City is unsure if the plans were followed. Councilmember Trude stated the City Engineer is recommending a full grading plan and this expense would be similar to the expense incurred for platting the property. Mayor Gamache asked if the City would be creating a worse situation by making Mr. Allen wait three (3) years between lot splits and no grading plan would be required. Community Development Director Carlberg stated as he gets building permits he would have to have grading plans for the property but it would be better to look at the entire property at one time. Mayor Gamache stated the only practical difficulty is the financial costs and this alone is not a reason for practical difficulty. Mr. Allen suggested the request be tabled until the Council was able to view the property. 0 Regular Andover City Council Meeting Minutes —June 19, 2012 Page 9 Mayor Gamache stated Engineering would need to look at the property to see if it was graded properly but this may not change the outcome. Motion by Councilmember Trude, Seconded by Councilmember Howard to deny a variance to City Code 13 -1 -3 frequency of splitting lots on property located at 15873 Linnet Street NW. Councilmember Trude stated she would not like to have the City set a precedent that would circumvent the platting process. This application does not meet the requirements for a variance. Councilmember Knight stated this is a unique situation. Councilmember Trude stated there are other areas in the City that were required to follow the platting process. The motion was called to a vote. The motion carried. 3 ayes, 1 nay (Knight). (See Resolution R062 -12) RESCHEDULE AUGUST 7, 2012 COUNCIL MEETING Councilmember Trude asked if the Council would be reviewing the Wal -Mart application at this meeting. Community Development Director Carlberg stated the earliest the Council would have the application for review would be the August 215` meeting. Motion by Councilmember Trude, Seconded by Councilmember Howard to Reschedule the August 7, 2012 Regular City Council Meeting to Wednesday, August 8, 2012, at 7:00 p.m. The motion carried unanimously. SCHEDULE EDA MEETING Motion by Councilmember Trude, Seconded by Councilmember Howard to schedule an EDA meeting at 6:00 p.m. prior to the July 3, 2012 Regular City Council meeting. The motion carried unanimously. Councilmember Tiede suggested staff be sure there will be a quorum present for this meeting. SCHEDULE JULY WORKSHOP Mayor Gamache stated July 24`h would work for the workshop. Councilmember Trude stated that date might not work for her. C I T Y O F Q��S \hGtI " NDOVE KA-K 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers CC: Jim Dickinson, City Administrator Dave Carlberg, Community Development Director FROM: Courtney Bednarz, City Planner SUBJECT: Consider Variance Request (12 -01) to City Code 13 -1 -3 Frequency of Splitting Lots at 15873 Linnet St. NW. DATE: June, 2012 INTRODUCTION The applicant is seeking approval of a variance to allow two lot splits to occur without the three year waiting period required by City Code 13 -1 -3 which states: 13 -1 -3: FREQUENCY OF SPLITTING LOTS: No owner may utilize this method of land division on any parcel more than one time in any three (3) year period. A three (3) year waiting period for a lot split is required on all lots, parcels or tracts from the date they were created by previous lot splits under this chapter. (Amended Ord. 40, 8 -16 -1977) DISCUSSION Review Criteria The city has adopted standards for variances to conform to state statute. City Code 12 -14 -7 is attached. This is an unusual request due to the fact that variances to this section of the City Code are typically reviewed as part of a lot split application as provided by City Code 13 -1 -7 shown below: 13 -1 -7: VARIANCES: Variances from the requirements of this title, Title 11: Subdivision Regulations, and Title 12: Zoning Regulations, may be granted by the City Council as provided in City Code 12 -14 -7, except that any variance request shall be made as a part of the lot split approval process. (Amended Ord. 407, 6- 21 -11) The applicant has provided the attached letter, survey and grading plan to address the findings required for granting a variance. Background — Intent of Ordinance Subdivision of property by metes and bounds description was initially restricted by Ordinance 10 Section 14 adopted in 1972 (attached). This section was based on a similarly worded Minnesota Statute that dates back to 1945 (attached). The purpose of these sections was to limit subdivision of property by metes and bounds description and to require the preparation of plats for a variety of reasons; including: • To allow cities to apply zoning and subdivision regulations as provided by statute • To correct errors in previous metes and bounds descriptions and to prevent new errors in the transcription of lengthy legal descriptions • To simplify legal descriptions through the use of a lot and block number • To ease understanding of property boundaries by graphically depicting them on a plat drawing. As you can see, Ordinance 10 Section 14 provided exemptions from its regulations based on (13 when a parcel was created or when hardship could be demonstrated. It appears the city has approved three variances to allow multiple lots to be created through the lot split process. All of these were approved in 1977 during the time that an ordinance for lot splits was being discussed. In August of 1977 the city adopted Ordinance 40 to formalize a process for splitting of lots by metes and bounds descriptions. This process is essentially a waiver of platting requirements. Limitations were placed on the use of this process, including a limit of dividing one lot into two lots and limiting the use of this process to once every three years. These limitations persist today in City Code 13 -1 (attached). Staff could not find record of a variance being approved to allow splitting of multiple lots through the lot split ordinance after ordinance 40 was adopted. Since that time a number of small subdivision have been approved through the platting process such as Ashwood Estates, Donahue Creekside Addition and Hanson Meadows. Each of these subdivisions were infill developments that created three lots from a parent property as proposed by the applicant. Engineering Department Comments The Engineering Department is recommending that a grading plan be prepared and approved for the entire site so that as lots are individually graded, drainage will not affect lots as they develop. Staff Recommendation Staff cannot recommend approval of the proposed variance due to the fact it conflicts with City Code 13 -1 -7 and the intent of City Code 13 -1 -1 and City Code 13 -1 -3. Planning Commission Recommendation The Planning Commission recommended denial with a 5 -1 vote (Olsen against, Peterson absent). The minutes from the meeting are attached. ACTION REQUESTED The Council is asked to approve or deny the proposed variance and to modify the findings in the attached resolution accordingly. Attachments Resolution Location Map City Code 12 -14 -7 Variances Letter From Applicant Property Survey Grading Plan City Code 13 -1 Splitting Lots, Parcels or Tracts of Land Ordinance 10 Section 14 from 1972 Minnesota Laws Chapter 287 Subd. 2 from 1945 Ordinance 40 from 1977 Resolution Nos. 62 -7, 78 -7 and 82 -7 Ashwood Estates, Donahue Creekside Addition, Hanson Meadows Planning Commission Minutes Respectfully submitted, Courtney Bednarz Cc: Scott Allen 15873 Linnet St NW CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R A RESOLUTION APPROVING/DENYING A VARIANCE TO CITY CODE 13 -1 -3 FREQUENCY OF SPLITTING LOTS ON PROPERTY LOCATED AT 15873 LINNET STREET NW LEGALLY DESCRIBED ON EXHIBIT A WHEREAS, the Planning Commission held a public hearing and reviewed the variance request to allow two lot splits without compliance with the three year waiting period provided in City Code 13 -1 -3; and WHEREAS the Planning Commission finds the request does not comply with City Code 13 -3; and recommends denial of the proposed variance; and WHEREAS, the City Council finds ;and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover has received the recommendation of the Planning Commission and hereby approves /denies the variance request based on the findings in this resolution. Adopted by the City Council of the City of Andover on this th day of 2012. ATTEST: Michelle Hartner, Deputy City Clerk CITY OF ANDOVER Michael R. Gamache, Mayor 0 Resolution R Exhibit A Legal Description (PID # 15- 32 -24 -43 -0018) THE EAST 310 FEET OF THE WEST 1010 FEET LYING NORTH OF THE SOUTH 959.36 FEET OF THE SW1 /4 OF THE SETA OF SECTION 15 TOWNSHIP 32 RANGE 24, ANOKA COUNTY, MINNESOTA AS MEASURED ALONG THE WEST & SOUTH LINES OF SAID 1/4 1/4, SUBJECT TO EASEMENT OF RECORD NDOVEI Incorporated 1974 2012 C14 rD M N N N 0 m 1 2031 0 0 � N � � N Variance 15873 Linnet Street NW 16045 / y vPyi, 94 �h \2032 15929 1966 O � �_..N_...a — 15914 -_.. Q- -_ S 01 h N 1971 m rn m r, h M rn J HWY R/W PLAT 02 ° ° m m ^�� 15827 Woodland Crossings 15858 15859 7585 58 ,tee,,, Park 46 2023 15844 1584115842 15832 15831 15830 158351581 2043 158TH AVE CARDINAL RIDGE 158211582: 15808 15807 15806 158091581( 2038 0 15796 15797 15798 157951579E c°v 15784 15783 15786 1 15787157& 15770 15771 �,.� 15772 157751577 2057 15760 15757 15758 15757 1576( N p N N 2032 m O (p t0 F- 1950 SHAW;S G J a 15660 15651 < Z U) E_ cb 2119 15629 161 ST AVE Location Map 6) 0 �..V.9, CRDSsv n 7 Subject Property 15625 N N1� E 5 City Code 12 -14 -7 Variances (J' 12 -14 -7: VARIANCES: A. Variances Authorized: 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. 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 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: 1. Request For Variance; Fee: A person desiring a variance shall fill out and ci ihmit to tha (nmmi inity DpvelODment Director a request for variance City Code 12 -14 -7 Variances �O application form together with a fee asset forth by ordinance'. (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. (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 -an e potenfiaThalt s fly or we are # reat. -- e- -ity 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. 8,10-21-1970) Attachment 2a Letter From Applica� Honorable Mayor and Council Members: I am requesting a variance from city code title 13, section 13.1.3 (frequencyof splitting lots) allowing me to split and sell two of my four future lots at this time. As you can see in attachment 2b of this request, the two future lots in question have been fully graded to plan, Cardinal Ridge 2 "d Edition, and once split from existing property will be ready for sale. I currently have a builder interested in,purchasing them but obviously need to get this variance approved and the lot split process completed. I understand the reasoning for the necessity of this section of code, to prevent lot splitting in large parcels without a grading plan but as you can see my two lots are fully graded to plan and therefore 1. am requesting your approval to this variance. Thank you for your consideration. Sincerely, Scott Allen 15873 Linnet St NW Andover, MN 55304 Section 13.1.3: Frequency of splitting lots: No owner may utilize this method of land division on any parcel more than one time in any three (3) year period. Athree (3) year waiting period for a lot split is required on all lots, parcels or tracts from the date they were created by previous lot splits under this chapter. (Amended Ord. 40, 8 -16 -1977) CERTIFICATE. OF SURVEY Property Survey for DESCRIPTION MINKS CUSTOM HOME'S, LVCe fie east 310 lest of Me west ioto het 1*9 north of the south 959.36 feet I FN W r� i 'r r 41 `W w W y h- �'I x x� 1% 4^, a99.a < I I "axe �� xe9Ao o ,97.ek `x07.9 x II I I May 11 'I jaL _ of the Southwest G/orter of the SWUPeost Quarter, See tlar 1.% Township J$ Rang, 24, Make Camt)< Nhnssota, as measured dg , west and south lines of sell Southwest Grorlr of the Southeast Inv! 5ubybct to a roadway easement ow, ,, undo! and oaoss that part of the above deeahed property whkh 8n w,etmly of a the pwaW with and JQOO feet we( of the Wowhg desaNed Ave hershoRw rofemtd to m the W. Beginning at the southwest earner of the above described propMyy, Mertes an an asslmted bearing of North Oo degrees J8 mhutos J6 seoand, East ding Me west Ihs of sold property a d/stams of 9459 feet Mertes nartheastMy a dstance of 109.48 hit along a tW9Wt1d claw t:alcove to Me east hating a rad(us of JOO.00 feet and o cont" woo of 20 degrees 54 mhutes J4 seeatdeg thence North 21 degrees J3 minutes 11 secands East tangent to last deaabed arve o distance of 5R0/ feet; thence northerly a distance of f0165 het along a tangentid atrw concave to the west habbtg a radkis of JOROO het and a central angle of 20 degrees 12 minutes 57 seconds to the north the of mid described propety end said gas A' there . temthothg. 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'ao °°�= 0 8 0 F°:z96.°.> °^ z_:H—` :I' a °n m °gat °Sa "a�sa "sE�:�`- » " ";;::'s °•& a -1 ° 0 � a �RP°°mg � n 22: - :°, 2g3' _ Y_ »SSE: 0 City Code 13 -1 Splitting Lots, Parcels or Tracts of Land CHAPTER1 SPLITTING LOTS, PARCELS OR TRACTS OF LAND SECTION: 13 -1 -1: Definition 13 -1 -2: Minimum Lot Requirements 13 -1 -3: Frequency Of Splitting Lots 13 -1 -4: Application For Lot Split 13 -1 -5: Fees 13 -1 -6: Review And Recommendations 13 -1 -7: Variances 13 -1 -8: Compliance With Provisions 13 -1 -9: Application And Term Of Provisions; Conflicts 13 -1 -10: Enforcement And Penalty 13 -1 -1: DEFINITION: A "lot split" is any division of a lot, parcel, or tract of — -- -.. - -- - -. land--tnto- nut--nore --thm-- tv¢o--(2)- paTcels=wf�n-both= divd - parse s- meet- or - exceed the minimum requirements for platted lots in the applicable zoning district. (Amended Ord. 40, 8 -16 -1977) 13 -1 -2: MINIMUM LOT REQUIREMENTS: No lot, parcel or tract of land shall be divided unless the resultant lots have at least the minimum width, depth and square footage as required for any parcel of land in the zoning district wherein the lot is located. (Amended Ord. 40; 8- 16- 1977) 13 -1 -3: FREQUENCY OF SPLITTING LOTS: No owner may utilize this method of land division on any parcel more than one time in any three (3) year period. A three (3) year waiting period for a lot split is required on all lots, parcels or tracts from the date they were created by previous lot splits under this chapter. (Amended Ord. 40, 8 -16 -1977) 13 -1 -4: APPLICATION FOR LOT SPLIT: The applicant shall provide the following information: A. The scale and north direction. B. Dimensions of the property. C. Names and locations of adjacent streets. D. Location of existing buildings on and within one hundred feet (100') of subject property. 2� E. Current zoning and legal description.:- F. Sufficient proof that the lot has not been;split within the last three (3) years. G. A list of the property owners within three hundred fifty feet (350') of the lot split. H. Such other information as may be required to fully represent the intent of the lot split. (Amended Ord. 40,:8 -16= 1977) , 13 -1 -5: FEES: A. There shall be a single charge as set forth by ordinance` plus; consultant's fees, if any, for a lot split application'. B. Where parkland was dedicated or a park fee paid at the time the original parcel was created, there shall be no park fee assessed or land dedicated at the time of;the lot split application. if no park fees have ordinance for each lot created under this chapter, maybe assessed for park fees2. (Amended Ord. 40,8-16-1977; amd. 2003 Code) 13 -1 -6: REVIEW AND RECOMMENDATIONS: A. Planning And Zoning ;Commission Review: The ,proposed lot split shall first be presented to the Planning and Zoning Commission for its review and recommendation. Such recommendations shall consider land uses, traffic control, zoning, regulation, future developments, and conformance with the comprehensive development plan,,and any other criteria deemed pertinent by the Planning and Zoning Commission. (Amended Ord. 40, 8- 16- 1977), B. Notice To Adjacent Property Owners: Upon receipt of. an application fora lot split, the Community Development Director shall notify by mail all property owners within three hundred fifty feet (350') of the property of the date of the review of such lot split. (Amended Ord. 40, 8 716- 1977; amd.. 2003 Code) C. Planning And Zoning Commission Recommendation To City Council: The division of a lot may be recommended for approval; provided that such split is in conformance. with the City Comprehensive Plan, does not interfere with orderly planning, is not contrary to the public interest and does not nullify the intent of this chapter. 16 9 D. City Council Action: 1. Following review and recommendation by the Planning and Zoning Commission, the request for a lot split shall be placed on the agenda of the City Council in the following manner: a. Recommendations from the Planning and Zoning Commission meeting held on the second Tuesday shall be placed on the agenda of the City Council at the first Tuesday meeting of the following month. b. Recommendations from the Planning and Zoning Commission meeting held on the fourth Tuesday shall be placed on the agenda of the City Council at the third Tuesday meeting of the following month, unless there are five (5) Tuesdays in the given month from which the recommendation of the Planning and Zoning Commission is made, in which case, the recommendation shall be placed on the agenda of the City Council at the first Tuesday meeting of the following month. 2. Within sixty (60) days following receipt of the proposed lot split from the -- - -- - - - - -- - - - -.. Plan -ning= a7rd=Zoning= C'ommi!Esio�r -the- o -C -- uncitshall- approve -or -- - disapprove by resolution. If approved, a certified copy of the resolution approving the lot split shall be forwarded to the petitioner. E. Record Of Lot Split: The lot split, together with a certified copy of the resolution, shall thereafter be filed with the County Recorder's office. F. Time Limit On Implementing Lot Split: If the City Council determines that the conditions of approval are not met within twelve (12) months, the lot split will be null and void. (Amended Ord. 40, 8 -16 -1977) 13 -1 -7: VARIANCES: Variances from the requirements of this title, Title 11: Subdivision Regulations, and Title 12: Zoning Regulations, may be granted by the City Council as provided in City Code 12 -14 -7, except that any variance request shall be made as a part of the lot split approval process. (Amended Ord. 407, 6- 21 -11) 13 -1 -8: COMPLIANCE WITH PROVISIONS: A. The effect of this chapter shall not work to preclude compliance with utilities hookup, payment of levied and pending assessments, and performance of any other requirements of the ordinances of the city. B. The owner, or agent of owner, of any parcel shall not divide any lot or V parcel for the purpose of sale, transfer, or lease with the intent of evading the provisions of this chapter. C. The owner, or agent of owner, of any parcel shall not sell orrotherwise convey said parcel with the intent of evading the provisions of this chapter or circumventing attempts to plat acreage or otherwise subdivide tracts of land within the city. (Amended Ord. 40, 8 -16 -1977) D. No subdivision of land is allowed in the area designated.on the Comprehensive Plan as "rural reserve" unless storm sewer, sanitary sewer and a municipal water supply are constructed to serve the area being divided.;Th :e following exception is allowed: excluding minor parcels that will not allow for additional building units that will not impede future development of the rural reserve upon approval of the City Council! (Ord. 274, 9 -2 -2003) 13 -1 -9:; , APPLICATION AND TERM OF PROVISIONS; CONFLICTS: A. This chapter shall apply to and govern the entire city during the period for which it is in effect. This chapter, during its effective period, shall replace and supersede provisions in all other ordinances and regulations provisions herein. All ordinances and provisions.therein which are not in conflict with the terms and conditions of this chapter shall continue in full force and effect. 13 -1 -10: ENFORCEMENT AND PENALTY: Any person, firm or corporation violating any of the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as defined by state law. The lot splitting not in accordance with the requirements of this chapter may be enforced by mandamus, injunction, or any other appropriate remedy.in any court of competent jurisdiction. (Amended Ord. 40, 8 -16 -1977) i 2- I e f. Compliance with Law. The final plat shall be prepared in accordance with all applicable State laws and County ordinances. 11.02. Covncil Action. The Council shall act on the final plat wifhina0daysof thedateon which itwas filed with the Clerk. The final plat shall not be approved if it does not conform to the preliminary plat including all changes required by the Council, or does not meet the engineering and design standards and specifications of the Community. 11.03 Recording. Following approval of the final plat by the Council, the Clerk shall promptly notify the subdivider of said approval and within 30 days thereafter, the final plat shall be recorded with the Register of Deeds or Registrar of Titles of Anoka County. The subdivider shall forthwith furnish the Clerk with a tracing and 3 copies of the final plat as recorded, showing evidence of the recording On said copies. Failure of the Subdivider to comply with the requirement of recording shall be cause for rescission of approval. 11.04 Required Final Plat Data. it shall be a condition to the approval of a final plat that the following data shall be she" on said plat or shall be furnished therewith: a. Municipal, township, county or section lines accurately tied to the boundaries of the subdivision by distances and angles. b. Accurate angular and lineal dimensions for all lines, angles and curvatures used to describe boundaries, streets, easements, areas reserved for public use, and other important features shall be shown. Complete curve data shall be shown, including radii, internal angles, points and curvatures, tangent bearings, and lengths of all arcs. Dimensions of lot lines shall be shown in feet and hundredths of feet. No ditto work shall be permitted in indicating dimension. C. Official monuments as designated and adopted by each corner or angle of the outside boundary of the final plat. Location and ties of all monuments shall be shown. d. Pipes or steel rods shall be placed at each corner of each lot and the location thereof shall be shown. e. An identification system for all lots and blocks shall be shown. f. Streets shall be named and all names shall be shown. A sequence of street naming shall be followed comistentwith fhe pattern that has been established in the area. g. In the event the final plat is a re-plat of an earlier . subdivision, the original platting of the subdivision shall be shown and identified by dotted lines. h. Judicial and county ditches shall be shown by dimensions and angles as determined from county records. 1. LOW land and water areas shall be Indicated by an identification symbol. I. The maximum highwater level as defined in the Department of Conservation Regulations and Statewide Standards and Criteria for Management of Shoreland Areas of Minnesota. k. All utility and drainage easements, and the dimensions thereof, shall be shown. I. The names and platting of adjoining subdivisions shall be shown and identified by dotted lines to a distance of 100 feet from the boundaries of The subdivision under consideration. Lot, block and street arrangements of such adjoining subdivisions shall be shown. Where adjacent land is unplatted, it shalt be so indicated. m. Before any residential plat may be approved and before any permit may be issued for a residence Iherein, the subdivider shall first present competent proof tha 1 the natural ground water level at all times in said subdivision is not less than 3 f eet below the level of the lowest portion of the proposed structure, or that a satisfactory system of ground water control will be Ordinance 10 Section 14 from 1972 constructed as an integral part of the proposed Subdivision isfiled Within6monthsof the effective dale residential subdivision. of this ordinance. SECTION 12. REGISTERED LAND SURVEYS. The provisions of this ordinance shall apply to all registered land surveys within the Community, and the standards, regulations and procedures hereof shall govern the subdivision of land by registered land survey. Building permits shall be withheld on tracts which have been subdivided by unapproved registered land surveys; and the Community shall decline to accept tracts as streets or roads or to improve, repair or maintain such tracts within an unapproved registered land survey. SECTION 13. EASEMENTS. Prior to the submission of a final plat, registered land survey or land subdivision to the Council for approval, the subdivider shall furnish the Community with all easements for utilities, drainage, street rights• of -way, surface water ponding, and such other public uSes as shall be found to be necessary, convenient or desirable by the Community. Said easements shall be in proper form for recording in the Office of the Register Of Deeds or :Registrar of Titles. Duplicate certificates of title shall be made available for the filing of easements on registered land. No final plat shall he approved by the Council until there has been full compliance with this section. SECTION 14. RESTRICTIONS ON FILING AND RECORDING CONVEYANCES. 14.01 Restrictions on Filing and .Recording. In accordance with applicable Slate law, no conveyance of land to which the regulations are applicable shall be filed or recorded, it the land is described in the conveyance by metes and bounds or by reference to an unapproved registered land survey made after. April 21, 1961 or to an unapproved plat made after such regulations become effective. The foregoing provision does not apply to a conyeyapCe if the land described' the date of adoption of subdivision regulations under Laws 1965, Chapter 287, whichever is the later, or of the adopt ion of subdivision regulations pursuant to a home rule charter, or (2) was the subject of a written agreement to convey entered into prior to such time, (3) was a separate parcel of not less than two and one-half acres In area and 150 feet in width On January 1, 1966 or is a single parcel of land not less than five acres and having a width of not less than 300 feet. In any case in which compliance with the foregoing restrictions will create an unnecessary hardship and failure to comply does not interferewith the purposeof the subdivision regulations, the platting authority may waive such compliance by adoption of a resolution to that effect and the conveyance may then be filed or recorded. Any owner cr agent of the owner of land who conveys a lator parcel in violation of the provisions of this subdivision shall forfeit and pay to the municipality a penalty of not less than 5300.03 for each lot or parcel so conveyed. A municipality may enjoin such conveyance or may recover such penally by a civil action in any court of competent jurisdiction. 74.02 H a rdship.: In any case in which compliance with he foregoing restrictions will create an unnecessary lardship and failure to comply does not interfere with the purpose of this ordinance, the Council may waive such compliance by adoption of a resolution to that effect and the conveyance may then be filed or recorded. 74.03 Penalty. Any owner or agent of the owner of land who conveys a lot or parcel in violation of the provisions of this section shall forfeit and pay to the Community a penally of not less than $100 for each lot or parcel so Conveyed. The Community may enjoin such conveyance or may recover such penalty by a civil action in any court of competent jurisdiction. SECTION 15. PLATS PREVIOUSLY APPROVED. All preliminary or final plats, registered land surveys, or other subdivisions of land approved by the Town Board but not filed with the Register of Deeds under previous ordinances shall not be subject to requirements of this ordinance, provided said n SECTION 16. PERMITS 16.01 Improvements. Alf electric and gas distribution lines or piping, roadways, waikS and other Similar improvements shall be constructed only on a street, or other public way or easement which Is designated on an approved plat, or properly indicated on me official map of the Community, or which has otherwise been approved by the Council. 16.01 Access. No permit for the erection of any building shall be issued unless such building is to be located upon a parcel of land abutting on a street or highway which has been designated on an approved plat, or on the official mapof the Community, or which has been otherwise approved by the Council. This limitation on issuing permits shall not apply to planned Unit developments approved by the Council pursuant to the Zoning Ordinance. 16.03 Limitations. No building permit shall be issued for theerection of any building onany land conveyed in violation of the provisions of this ordinance. No permit shall be issued for the er ection of any building on any tract of land described by metes and bounds and consisting . of less than 5 acres and having a width 01 less than 330 feet. SECTION 17. VARIANCES. 11.01 Hardship. The Council may grant a variance from the requirements of this ordinance as to specific tracts of land where it is shown that by reason of topography of other - physical conditions strict compliance with these requirements could cause an exceptional and undue hardship to the enjoyment of a substantial property right; provided, that a variance may be grantedenly if the variance does not adversely affect the adjacent property owners and Comprehensive Plan or the spirit and intent of this ordinance. shall be filed with the Clerk, and shall state fully all facts relied upon by the applicant. The application shall be Supplemented with maps, plans or other data which may aid in an analysis of the matter. The application shall be referred to the Planning Commission for its recommendation and report to the Council. 17.03 Council Action. No variance shall be granted by the Council unless ii shall have received the affirmative vote of a majority of the full Council. SECTION 18. VIOLATION AND PENALTY. Any person, firm or corporation violating any of the Provisions of this ordinance shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not more than $300 or by imprisonment not to exceed 90 days or both for each offense. The platting, repialting, subdividing or conveyance of land not in accordance with the requirements of this ordinance may be enforced by mandamus, injunction, or any other appropriate remedy in any court of competent jurisdiction. .SECTION 19. REPEAL. ' All urdinancesor Portions thereof in conflict with the Provisions of this ordinance are hereby repeated. SECTION 20. EFFECTIVE DATE. This ordinance shall take effect and be in force from and after its passage and publication. Passed by the Council this 151h day Of February, 1972. ' Lou Appleby CHAIRMAN ATTEST: Mary L. Vies! CLERK abcdefghi jklmnopgrstuvwxyi Published in Anoka CO. Union Feb. 25, 1972 Minnesota Laws Chapter 287 Subd. 2 from 1945. 287] OF MINNESOTA FOR 1945 505 reasonable 'regulation of the municipality.applicable thereto,.: No plat shall_' be filed or accepted for filing unless it, is, accom-' panied by ,a certified copy of the resolution approving -it or accepting it as, being in accord and conformity withany plans., ' or regulations as herein specified. A.copy of this resolution shall be supplied to the,applicant. Subd. 2. Description in conveyance. In any municipality in which such platting regulations are in force; no conveyance of land in which the land conveyed is described by metes and bounds or by reference to,a plat made after such regulations become eNctive which.is not approved as provided in Subdi- vision 1 shall be made or recorded if the parcel described in the conveyance is; less than two and one -half acres in area and 150 feet in width unless such parcel is a separate parcel' of record at the tine of .'the adoption of this act or of the adoption of platting regulations under this act, whichever is the later; or unless an agreement to convey such smaller parcel has been entered into prior to such time and the instrument shoiaing the- agreement -to- convey is- recorded-iai the ofce -of the register of deeds -within one year thereafter. In any case in which compliance with the foregoing provision will involve an unnecessary hardship and failure to comply does not inter- fere with the purpose of such platting regulations, the govern- ing body may waive such compliance by adoption of a resolu- tion'to that effect with the consent of the planning commission, if there is one, and the conveyance may then ve recorded.LLAn�/ owner or agent of the owner of land who conveys a lot or parcel-in violation of the foregoing provision shall forfeit and pay to the municipality a penalty of not less than $100.00 for each lot or parcel so conveyed. A municipality may enjoin such conveyance by action for injunction or map recover such penalty by a civil action in any court of competent jurisdiction. Subd. 3. Published notice. When a copy of any plat is filed with a municipality for approval, published notice shall be given of a public hearing to be held within 30 days there- after, in a newspaper published in that municipality or in the county if there is no newspaper published in the municipality. At such hearing all persons interested therein may be heard and the council may thereafter, approve or disapprove the plat. Such approval or disapproval shall be given not more than 60 days after the filing of any plat with a formal request for its approval. The grounds for any refusal to approve a plat shall be set forth in the proceedings of the council and reported to the person or persons applying for such approval. Plats after approval, may then be recorded as now provided by law. ly CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO.40 Ordinance 40 from 1977 AN ORDINANCE REGULATING THE DIVISION OF LOTS WITHIN THE CITY OF ANDOVER. The City Council of the City of Andover hereby ordains: SECTION I- DEFINITION A lot split is any division of a lot, parcel or tract of land into not more than two (2) parcels when one or both divided parcels have a width of less than 300 feet and are less than five (5) acres in size. A. No lot, parcel or tract of land shall be divided unless the resultant lots have at least the minimum width, depth and square footage as required for any parcel of land in the zoning district wherein the lot is located. B. No owner may utilize this method of land division on any parcel more—than ore -(1) -time iri anythreel3-) yeax period. A three (3 -) - -- year waiting period for a lot split is required on all lots, parcels or tracts from the date they were created by previous lot splits under this ordinance. SECTION II - APPLICATION Application for a lot split shall be made on forms furnished by the City and shall include a drawing showing: 1) The scale and north direction. 2) Dimensions of the property. 3) Names and locations of adjacent streets.. 4) Location of existing buildings on andwiibin 100 feet of subject property. 5) Such other information as may be required to fully represent the intent of the lot split. b) Current zoning and legal description. 7) The applicant must provide sufficient proof that the lot has not been split within the last three (3) years. 8) Provide a list of the property owners within 350' of the lot split. SECTION Ill.- REVIEW AND RECOMMENDATIONS A. The proposed lot split shall first be presented to the Planning and Zoning Commission for its review and recommendation. Such recommendations shall consider land uses, traffic control, zoning regulations, future developments, and conformance with the Comprehensive Development Flan, and any other criteria deemed pertinent by the Planning and Zoning Commission. B. Upon receipt of an application for a lot split, the Clerk shall notify by mail, all property owners wi thin 350 feet of the property of the date of the review of such lot split. C. The division of a lot may be recommended for approval,provided ,. that such split is .in conformance with the City's Comprehensive Plan, does not interfere with orderly planning, is not contrary to the public interest and does not nullify the intent of this ordinance. D. Following review and recommendation by the Planning and Zoning Commission, the request for a lot split'shall be conveyed to the City Council. Within 60 days following receipt of the proposed lot split from the Planning; and Zoning Commission, the Council shall approve or disapprove by resolution. If approved, a certified copy of the resolution approving the lot split shall be forwarded to the, petitioner. The lot split, together with a certified copy of the resolution, shall thereafter be filed with the Recorders Office of Anoka County. SECTION IV - APPEAL PROVISIONS The City Council shall have the power to vary or modify the application of an-y- pr- ovi- sions -in- this- or- d-i-nanee -upon- its - deter - urination -in- its- abs -olute -- -- legislative discretion that such variance or modification is consistent with the letter and intent of the Comprehensive Plan or proposed. amendment upon which this ordinance is based, and with the health, safety, and general welfare of the City of Andover. Upon receiving any application for such variance or modification, (such application shall include ,the- information contained in Section II of this ordinance) the City Clerk shall refer such application to the Planning and Zoning. Commission of the ,City for, report -of said Planning and Zoning Commission with respect to the effect of the variance or modification upon said Community Development Plan or proposed amendment. Such report shall be returned by the Planning and Zoning Commission to the City Council within 60 days for City Council action. SECTION V - FEES A. There shall be a single charge of $25. 00 plus engineering costs, if any, for a lot split application. B. Where parkland was dedicated or park fees paid, there shall be no park fee assessed or land dedicated. If no park fees have been assessed nor land dedicated, the charge of $100 for each lot of less than five acres in size created under this ordinance, shall be assessed for park fees. l(p 1. SECTION VI - COMPLIANCE A. The effect of said Ordinance shall not work to preclude compliance with utilities hook -up, payment of levied and pending assessments, and performance of any other requirements of Ordinances of the City of Andover. B. The owner, or agent of owner, of any parcel shall not divide any lot or parcel for the purpose of sale, transfer, or lease with the intent of evading the provisions of this Ordinance. C. The owner, or agent of owner, of any parcel shall not sell or otherwise convey said parcel with the intent of evading the provisions of this Ordinance or circumventing attempts to plat acreage or otherwise subdivide tracts of land within the City of Andover. SECTION VII - PENALTIES Any person, firm or corporation violating any of the provisions of this ordinance shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as defined by State Law. The lot splitting not in accordance with the requirements of this ordinance -- - - - - -m y be -en o- r -c-ed by -man amiss— xnjunc- tzon —or -any- other - appropriate- rezne -dy- in any court of competent jurisdiction. SECTION VIII - AFFECTED AREAS: SUPERCEDES This ordinance shall apply to and govern the entire City of Andover during the period for which it is in effect. This ordinance during its effective period shall replace and supercede provisions in all other ordinances and regulations applicable to the City of Andover which are in conflict or inconsistent with the provisions herein. All ordinances and provisions therein which are not in conflict with the terms and conditions of this ordinance shall continue in full force and effect. A. Variance provisions and requirements thereto under Section 17 of Ordinance No. 10 of the City of Andover do not apply to this ordinance. SECTION IX - VALIDITY AND EFFECT The validity of any word, sentence, section, clause, paragraph, part or provision of this ordinance shall not affect the validity of any other part. This ordinance shall be in effect until amended, revised or superceded by the City of Andover. Adopted by the Andover City Council this 16th day of August , 1977. CITY Q,OOFF�AN %D' I Q OVER l� ( uvrwy. . din�i Jill - Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. 62 -7, A RESOLUTION APPROVING A VARIANCE REQUEST FOR THE DIVISION OF LAND FOR DONALD HALLBLADE IN -THE GREEN ACRES AREA WHEREAS, a financial hardship has been incurred by the property owner as a result of sanitary sewer assessments, and WHEREAS, a further financial hardship would be incurred if the property owner was required to plat, and WHEREAS, such costs would increase the price of each lot to an unreasonable figure, and WHEREAS, the lot split is compatible with the surrounding area as to size and usage. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby_g.rant_a var_ianae_to -Donald -and Baibara- Hallblade allowing them to divide Parcel No. 6370, Plat 65929, into three separate parcels without following platting procedure as required by Ordinance No. 10. BE IT FURTHER RESOLVED by the City Council of the City of Andover that such variance, approval is subject to the attached drawing, shown as Exhibit "A", relative to drainage easement on the proposed northeast parcel. Adopted by the City Council of the City of Andover this 17th day of May , 1977. CITY OF ANDOVER TEST: I Patricia K. Lir`�dquot ,,City Clerk (City Seal) 6v J ry tiJindschitl - Mayor CITY OF ANDOVER COUNTY OFANOKA STATE OF MINNESOTA NO. 78 -7 A RESOLUTION APPROVING THE VARIANCE REQUEST FROM THE PROVISIONS OF ORDINANCE NO. 100 FOR THE DIVISION OF PARCEL 550, PLAT 68110. WHEREAS, pursuant to the provisions of Ordinance No. 10, the Andover Planning and Zoning Commission has reviewed the variance request to subdivide Parcel 550, Plat 68110 into four separate lots, and WHEREAS, as a result of such review, the Andover Planning and Zoning Commission is recommending approval of the variance, and WHEREAS, the Planning and Zoning Commission is making such recommendation in that the lots are compatible with the surrounding area and there has been no public opposition, and WHEREAS, the Andover Park and Recreation Commission is recommending that a park dedication fee not be required inasmuch as the fee was paid with the original plat, and -- -�VHER-EAS —the City Engineer has- reported-favorabi division; per the attached map and legal descriptions. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the variance request by T. Cherney for the division of Parcel 550, Plat 68110, described as Lot 1, Block 2, Red Oaks Third Addition, pursuant to Ordinance No. 10, Section M. OZ, into four (4) separate parcels per the attached "Exhibit A ". BE IT FURTHER RESOLVED by the City Council of the City of Andover that said variance is approved contingent on the payment of an Escrow Deposit of $50. 00. Adopted by the City Council of the City of Andover this 5th day of July-1 1977. a CITY OF ANDOVER Jer�y W' dschitl - Mayor !q . CITY OF ANDOVER R COUNTY OF ANOKA STATE OF MINNESOTA NO. R82 -7 A RESOLUTION APPROVING A VARIANCE REQUEST FROM THE PROVISFONS OF ORDINANCE.NO. 10, FOR THE DIVISION OF PARCEL 4700, PLAT 65933. WHEREAS, pursuant to City Ordinance No. 10, the Andover Planning and Zoning' Commission has reviewed the variance request of Richard Hoggatt to subdivide Parcel 4700, Plat 65933 into three (3) lots, and WHEREAS, as a result of such review, the Andover Planning and Zoning Commission has recommended approval, and WHEREAS, the Andover Planning and Zoning Commission cites as reasons for such recommendation as being 1) lots created are compatible with the surrounding area, 2) Coon Creek Watershed Board has approved the division, and 3) there has been no public opposition, and WHEREAS, the Andover Park and Recreation Commission has recommended that the developer pay $100. 00 per lot as park dedication fee. NOW, THEREFORE, BE IT RESOLVED by the City Council of City of Andover to ereby approve a variance request from Richard Hoggatt for the subdivision of Parcel 4700, Plat 65933 into three (3) separate parcels; r' said Parcel 4700 described per the attached Exhibit "A "; with said variance being granted from Ordinance No. 10, Section 1A: 02. BE IT FURTHER RESOLVED by the City Council of the City of Andover that said "variance is approved contingent on the payment of $300.00 as park dedication fee. Adopted by the City Council of the City of Andover this 5th day of July 1977. CITY OF ANDOVER rk Je'ry W dschitl - Mayor 20 - ----- WSW 'V� V-Il L1. E SF .-P,W_M: 1.1 •EC.,, I ]l 11 �I ih �-� � � ;lV t I= Cn 33 33 Thc 0" GDVE��JIT LOT 1, 1.1772' '=5' i 11 N 00*01'33"E 235.26 ---------------- - - - - - - - - - - - - lo Co 'zz - (7m_ __ ____ - - - - - - 2. - - - - - - - - 25 - - - ___._J <D - - - - - - - - - - - - - - - - - - - - - - - - - IF Z ---------- - - -- - - - - - - - - - - - - - - - - - - - - - - - Pk' 33 =z z F3 z ^n ------------------ 33 oi 00'01'33-E 235.26 EkIT uIE OF -1 . -ST CCIIIm L.1 1. SEC I,.-, > si pq sg os ii 71 7 1 4J IWI R re of sG p3 rn U to MZO u > 0 c u z > Z 0 m Z ;u fill . V IV, A a3 3 "R F M4 . .F! F 24- A =2 o 31 1 F.3 -3 M�F i o =eN �' dad_g ° � \ ;;� sqe; -a s. �3 �; -, ;4 F9 PF 0 0 T 2 -Z 111 IUIll3� GR,1/(I LY"'. I G- U'•JG JU 1 ca I 0.'.^`:'�.G at - - - - 15J.51 - - - - - - - 17' 2 22 ol ---------- Ni O O iz-; vJnOn O Regular Andover Planning and Zoning Commission Meeting Minutes — June 12 2012 Page 2 Motion by Commissioner Cleveland, seconde, stoner Holthus, to approve the May. 8, 2012 Planning an or shop minutes as amended. Motion carried on a PUBLICHEARING: Variance (12 -01) to City Code 13 -1 -3 Frequency of Splitting Lots at 15873 Linnet Street NTV. City Planner Bednarz stated the applicant is seeking approval of a variance to allow two lot splits to occur without the three (3) year waiting period required by City Code 13 -1 -1 This is an unusual request due to the fact that variances to this section of the City Code are typically reviewed as part of a lot split application as provided by City Code 13 -1 -7. He reviewed the background and the intent of the ordinance. The Engineering Department is recommending that a grading plan be prepared and approved for the entire site so that as lots are individually graded, drainage will not affect future lots as they develop. Staff cannot recommend approval of the proposed variance due to the fact it conflicts with City Code 13 -1 -7 and the intent of City Code 13 -1 -1 and City Code 13 -1 -3. Commissioner Olson stated that the two (2) proposed lots are included in the grading plan that was provided to the Commission. This plan also includes a.retention pond. He an outlet to the south. He also asked why these lots were incorporated into the Cardinal Ridge Plat but they were not subdivided. City Planner Bednarz stated the pond did have an outlet to the south. He clarified when the Cardinal Ridge 2nd Addition was approved the review of the grading plan showed the developer had two (2) options with this area. One option had been to-build a retaining _ wall to retain the storm water in the lots adjacent to Mr. Allen's property and the other option had been to work with the property owner to match the grade on those lots to the development which was what was selected. Chair Daninger asked for clarification regarding what would happen with Linnet Street. City Planner Bednarz stated the map shows Linnet Street extending north. The City has a street easement in that area but during the Cardinal Ridge Plat, the City Council had decided that the connection would not be made. The street easement still exists but the City does not plan on making this connection at this time. The easement has not been vacated because the City Council chose not to do this. Commissioner Olson asked if the City owned the lots to the south of the retention pond or if the individual lots owned to the center of the pond. City Planner Bednarz clarified the property lines extend to the center of the pond. He also explained fences are not allowed to extend into the drainage area. Regular Andover Planning and Zoning Commission Meeting t Minutes —June 12 2012 Page 3 Motion by Commissioner Holthus, Seconded by Commissioner Cleveland to open the public hearing at 7:14. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Peterson) vote. Mr. Scott Allen, 15873 Linnet Street NW, Andover, stated he is requesting a variance from City Code Title 13, Section 13.1.3, allowing him to split and sell two (2) of his four lots at this time. The two (2) proposed lots have been fully graded to the Cardinal Ridge 2nd Addition plat and once split they would be ready for sale. Currently there is a builder interested in purchasing these two (2) properties if a lot split variance can be obtained. He explained he would be willing to grant the necessary drainage easements to the City in order to complete this request. Approval of this request would also allow two (2) deferred assessments to be paid. The cost to have these two (2) lots platted would not be financially feasible at this time. The City's Engineering Depart ment has requested a grading plan be completed for the entire lot but this is unnecessary because the two (2) proposed lots have already been graded to specifications for the Cardinal Ridge 2nd Addition. He explained he needed to split two (2) lots at this time so he would like to get a variance approved prior to selling them. If the lot split is not approved he will not be selling either lot at this time. He clarified the Cardinal Ridge 2nd Addition development has one (1) lot remaining and the builder would be interested in building a' model on one (1) lot and have the two (2) lots available for sale. Commissioner Gudmundson asked if the property currently has City utilities. City Planner Bednarz stated City utilities had been included to the property line for these two (2) potential lots. Motion by Commissioner Holthus, Seconded by Commissioner Cleveland to close the public hearing at 7:20. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Peterson) vote. Commissioner Olson stated these two (2) potential lots have been engineered and graded so they could be split and sold as part of the Cardinal Ridge 2nd Addition development. The applicant has been able to provide most of the information required by the City with the exception of having a plat done, which would include the lot corners and easements. He expressed concerns with the property being split further than the proposed lots because he did not believe the remaining lot would be adequate to support additional lot splits. City Planner Bednarz stated if this lot split is approved he would have approximately 2- acres remaining. Commissioner Holthus stated approving the lot split does make sense given these circumstances but City Ordinance 10 Section 14 was created to encourage the platting process. She clarified she would not like to see the City set precedent that allows the platting process to be omitted. Regular Andover Planning and Zoning Commission Meeting I Minutes — June 12 2012 Page 4 Commissioner Gudmundson asked what other information would be provided through the lot split process that is currently not provided. She clarified that she does not feel ,the Commission has all the information they need to make this decision based on what is being presented. City Planner Bednarz stated a plat would include a grading plan, a full layout of the property including Mr. Allen's remaining property and what: additional lots could be achieved, dedicated easements identified, and a simplified legal description. A typical lots plit request includes a map that shows the new lot boundaries, and a new legal description. Commissioner Gudmundson stated she would not recommend approval of this variance without all the information and this information would be provided through the platting process and following the City's ordinances. Commissioner Olson clarified if the applicant was requesting a lot split only then a grading plan would not be provided and there is one in this situation. He stated if this request is approved the Planning Commission is approving the lot split and a variance from the procedure, which requires aplat. onumssioner Ho t us stated—ift�nance is grante then the lot split application would still need to be approved. Commissioner Cleveland stated he agrees with both sides of the argument. Having two (2) lots with homes on them would be better than two (2) empty lots but it is setting a precedent. These lots are graded but if this is granted then the next person may not have the property graded and they would expect a variance.. The City has "ordinances in place and these should be followed. Commissioner Nemeth stated the platting process would provide the missing information that is needed to approve this application. He would like to seethe full property laid out and what would be remaining. He.would like to see additional information prior to making a decision. Chair Daninger stated he would not be in favor of approving this request at this time. Financial hardship is not a valid reason for the Commission to approve a variance and approving this request would be setting a precedent that negates the platting process. Motion by Commissioner Holthus, Seconded by Commissioner Gudmundson, to deny a Variance to City Code 13 -1 -3 Frequency of Splitting Lots on Property located at 15873 Linnet.Street NW because it does not meet City Code 10 -14. The motion carried on a 5- ayes, 1 -nay (Olson), 1- absent (Peterson) vote. City Planner Bednarz stated this item would be presented to the City Council at the June 19, 2012 City Council meeting. Regular Andover Planning and Zoning Commission Meeting l� Minutes — June 12 2012 Page 5 OTHER BUSINESS. Community Development Director Carlberg provided an update regarding the actions taken by the City Council including the Comprehensive Plan Amendment and the Arbor Oaks /Grey Oaks PUD Amendment. He reviewed the Planning Commission recommendations that had been made and what had been approved by the City Council. Commissioner Cleveland asked if the northwest comer of the facility had been looked at and if there had been changes to the building design. Community Development Director Carlberg stated the turning movements had been reviewed and there will not be any changes to the building design in this area. City Planner Bednarz stated the Primary Election is scheduled for August 14 and the Planning Commission is asked to change their meeting from 7:00 p.m. to 8:01 p.m. on August 14 or to meet on August 13 or August 15. There would be a workshop in July. Consensus was-reached -to- me-et-at_ULp.m— on -August-1-4,2012. - - - -- ADJOURNMENT. Motion by Commissioner Holthus, seconded by Commissioner Cleveland, to adjourn the meeting at 7:37 p.m. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Peterson) vote. Respectfully Submitted, Tina Borg, Recording Secretary Timesaver Off Site Secretarial, Inc. • CC I T Y 0 F N Db 06 vTE A 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Mayor and Council Members CC: Jim Dickinson, City Administrator FROM: David L. Carlberg, Community Development Director SUBJECT: Discuss Amendment to the City Code 12 -12 — Outdoor Display, Storage and Sales in the SC, Shopping Center District - Planning DATE: January 22, 2013 INTRODUCTION The City Council is requested to discuss an amendment to the City Code 12 -12 for Outdoor Display, Storage and Sales in the SC, Shopping Center District as requested by Frattallone's Ace Hardware (letter attached). BACKGROUND Recently the question was raised as to the large amount of landscaping and garden materials being displayed and stored in the parking areas to the east and north of Frattallone's Ace Hardware. Staff in researching the City Code has found that the display and storage is not permitted. Currently the City Code only allows outdoor display, storage and sales as a conditional use permit in the General Business and Industrial Districts. Outdoor display, storage and sales during operating hours are allowed as a conditional use in the SC District. Staff contacted Ace Hardware requesting the removal of the items. In response, the owner is requesting he be allowed to continue the display and storage and in doing so is requesting an amendment to the City Code. Frattallone's Ace Hardware has been operating at the Downtown Center (13735 Round Lake Boulevard since at least 2002. In March/April of 2002 the Garden Center was added through an approved Special Use Permit granted with the Downtown Center in 1988 (see attached resolution and meeting minutes). The City Council was informed of this process on March 28, 2002. The owner was required to complete the Commercial Site Plan process (see attached staff memos and update to the City Council). Please note that conditions of the site plan approval called for no retail goods or landscaping materials to be stored outside of the fenced garden center and that pallets stored on the north side of the store to be moved inside the fenced area. Code Amendment Procedure City Code 12 -14 -4 Amendments sets the procedure for considering text amendments (attached). Text amendments are to be referred to the Planning and Zoning Commission for a public hearing provided in 12 -14 -8 (attached) prior to a final decision by the City Council. The current schedule would be to hold a public hearing before the Planning and Zoning Commission on February 12th and have the item before the Council for consideration on February 19th Respectfully Submitted, 2�4 of. David L. Carlberg Attachments • Letter from Frattallone's Ace Hardware • Commercial Site Plan Letter to Tom Frattallone • March 28, 2002 City Council Staff Report • Minutes and Resolution of SUP Approval from 1988 • City Code Text Amendment Process 01/03/2013 THU 09:50 FAX PLUMBING ELECTRICAL PAINT Tool q HARDWARE LAWN & GARDEN ANDOVER 13735 Round Lake Blvd. Andover, MN 55304 763.712.9833 ARDEN HILLS 3527 N. Lexington Ave. Arden Hills, MN 55126 651,484.3327 BLAINE 10809 University Ave. NE Blaine, MN 55434 763.754.0364 CIRCLE PINES 9225 N..Lexington Ave. Circle Pines, MN 55014 763.783.9161 COLUMBIA HEIGHTS 2261 37th Ave. NE Columbia Heights, MN 55421 763.788.9455 NEW HOPE 3566 Winnetka Avc N New Hopc, MN 55427 763.450.3080 MINNEAPOLIS 1804 Nicollet Ave. S Minneapolis, MN 55403 612.672.7000 MINNErONKA 5016 Hwy 101 Minnetonka, MN 55345 952.474.5461 SPRING PARK 4695 Shoreline Drive Spring Park, MN 55384 952.471.7574 ST. PAUL SUMMIT HILL 650 Grind Ave. St. Paul, MN $5105 651.292.9800 WHITE BEAR LAKE 4796 N. Highway 61 White Bear Lake, MN 55110 651.429.4288 WOODBURY 1750 Weir Drive Woodbury, MN 55125 651.738.1697 Frattaliones.com Hardware & Garden Made Easy. -rr/ j, A—Y, t( r<� „J December 24, 2012 To whom is may concern, Please accept this letter as a request to change the code to allow Frattallone's sell and store products outside of our fenced in area. To continue the same way with outdoor sales since 2002. If the code is not changed, Frattallone's will experience an extreme drop in sales and our customers from the Andover area will be forced to shop inconveniently. This is a major issue for us and we know that we had the cities permission to sell and overnight store our goods outside since the day we opened. We had many discussions at the time of our opening and we were given a verbal okay with what we were doing. Members of my team remember the city staff giving us advice on how to best use the parking areas, Like I stated above, we have been selling this exact way since 2002 and the city has never questioned themselves before. Than espectfully submitted, Mike Frattallone Frattallone's Ace Hardware 13735 Round Lake Blvd Andover, MN 55304 651 - 280 -4090 10001 /001 *I CITY OF ANDOVER 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US April 17, 2002 Tom Frattallone C/o Frattallone's Hardware 13735 Round Lake Boulevard Andover, MN 55304 RE: Commercial Site Plan Approval (New Garden Center) Dear Mr. Frattallone: General Terms of the Commercial Site Plan Approval This letter will serve as administrative approval by the City of Andover that you would be allowed to put up a greenhouse (hoop house) in the fenced area on the east side of your hardware store from April 150' through September 1" each year. You would also be allowed to use the same area to sell plants and nursery products inside the fenced area from April 15'h through September I" each year, as well as for pumpkin sales in the fall, and Christmas tree sales between Thanksgiving and Christmas. The City will allow these uses of the area as long as you are in compliance with the conditions that have been written in this letter. Physical Improvements to the Site Some of the physical improvements that you have indicated that you are planning include a new 6 foot high black tubular steel (looks like wrought iron) fence around the entire garden center area (47' x 107'). Also, two twelve foot wide gates would be installed along the easterly fence line (open during business hours). During the staff s review, there was general consensus that there was a need to have the owner of the property make some modifications to one of the driveway curb islands that exist in front of the hardware store. This would need to be reconstructed by the owner of the property, but would be a condition of your site plan approval. I am attaching a photo and diagram of the curb island/driveway that will need to be modified to prevent the traffic entering the site from encountering an unsafe condition. Also, staff felt there should be a couple of safety improvements along the edge of the fenced garden center. The first would be to stripe an area eight feet wide along the entire fenced area to allow for people walking and either loading or unloading to have a place to temporarily park. The second would be to install a stop sign at the southeast corner of the garden center to stop people driving along the easterly side of the garden center before they enter the main driveway for the shopping center. The City of Andover will allow the Garden Center to open and become an annually renewable operation provided that there are no significant changes from the way the operation is currently being reviewed and approved. If significant changes are made, City staff would like to review them with the store manager each spring, prior to opening the garden center. It is expected that you will work with the landlord and City to achieve the listed requirements of this Commercial Site Plan approval. ■ Frattallone's Garden Center (Commerical Site Plan Review) Page 2 Conditions to adhere to for the Barden center: I . Gate access, exiting on the east side is recommended and the gates need to remain open during business hours. The gates would also be restricted to either be sliding, or if hinged, be opened fully and secured to stay fully open during business hours. 2. A striped area for pedestrians shall be painted on the pavement for a distance of 8 feet from the proposed fencing on the south and east sides. This is to provide a safe area in which customers may temporarily park to load and unload goods being purchased. 3. No long term parking shall be allowed anywhere along the fenced area (only temporary loading and unloading is allowed). There will need to be no parking signs installed along the fence to prevent people from parking there. The locations of these signs will need to be shown on the site plan on file with the City. 4. No signs (except "No Parking —By Order of the Fire Chief') shall be attached to the fence. 5. No retail goods or landscaping materials shall be stacked or stored outside of, or above the fence. 6. The owner of the store shall perform regular maintenance within and around the garden center to prevent blowing trash. 7. The green house shall be routinely maintained and kept in a like new appearance. No tattered or ripped plastic covering shall be allowed. If not kept in a new appearance, the hoop house shall be removed. 8. Supplemental lighting shall be added along the easterly side of the garden center fence to illuminate the area to avoid potential conflicts between vehicles and customers. 4. There are a few pallets stored outside of the outdoor storage area on the north side of the store. These shall be moved to inside of the fenced area out of sight. Improvements that must be preformed by the owner of the property: 1. The roof of the shopping center is showing signs of wear and should be repainted. 2. Remove and reconstruct the curb island in the front driveway of the shopping center to allow for safe traffic flow (see diagram and photograph for details). 3. Install a stop sign at the southwest comer of the garden center to prevent vehicles from entering the main driveway along the front of the shopping center. If you should have any questions regarding these conditions please feel free to call me at (763) 767 -5140. Sincerely, /Y Will Neumeister Director of Community Development . . ............ Old V, I I I Im MIM— r .. S6 fahmm tm "51 1 . . . . . . . . . . . . . CITY OF ANDOVER 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 a (763) 755 -5100 FAX (763) 755 -8923 a WWW.CI.ANDOVER.MN.US TO:. Mayor and Councilmembers CC: John Erar, City Administrator FROM: Will Neumeister, Community Development Director Zell�z— SUBJECT: FrattaHone Hardware/Garden Center Update DATE: March 28, 2002 INTRODUCTION The City Council is aware of a request by Frattallone Hardware to have a garden center on the east side of their hardware store. Staff has reviewed the Special Use Permit (SUP) for the shopping center and found that the garden center use is covered by that SUP. DISCUSSION The City Council approved a Special Use Permit in 1988 that allowed the outdoor storage, sales and display of goods overnight at the shopping center as long as long as the area is well lit and marked for safety reasons. Staff has made a determination that the original SUP allows the garden center use, however Frattallone will need to apply for a Commercial Site Plan Review. This will then be handled administratively and filed with the shopping center. ACTION REQUESTED No action is requested of the City Council. This item was prepared for informational purposes only. ATTACHMENTS Frattallone Letter Regarding Garden.Center Location Map Site Plan Proposed Fencing Detail Respectfully submitted, Will Neumeister 17 Dear Mayor and Council Members, I wanted to drop all of you a note and introduce myself and my company and ask for help with a problem. I'm Mike Frattallone and my company is Frattailone's Ace Hardware and Garden Stores. Many of you already know that we have signed a lease agreement with a local property owner and will be opening a hardware store in the old Thompson's Oak Fumiture location. From our market studies, we feel that Andover needs a `real" hardware store. A store that can fist a broken window, repair a lawnmower, or even replace a lamp socket. We are that store! We do it all! Our slogan is simple, Frattalloae's- the best `real" hardware stores in Minnesota! We run up- scale, fuII service, very successful hardware and garden stores. Our problem is this- we have the need for a special use permit for our outdoor garden center. Because we have just recently signed the lease we were unable to inform the city of our needs sooner (we weren't sure that we could get the lease signed). But, I fear that we will miss our main lawn and garden season if we wait any longer. Hardware stores like our's do 70% of our sales for the year in the summer months, May being the most important month In the lawn -and garden business we do almost 90% of that business in May TJun-.. If we miss those months we can write off the entire y= as a loss, guaranteed: I'm enclosing our entire plan for our outdoor Lawn and Garden Center and hope that you will call me and give me advice on what you think I should do in order to get business rolling. Our garden centers are top of the line, up- scale, premium, and attractive. If at anytime they fall below that our customers just stop buying from us. So we only have one way to do it- PERFECTLY. We attain a clean, well stocked, fair priced, and aesthetically pleasing garden center at every store. We can do it no other way. After reviewing my plan, please give me a call when you have a free moment or stop in and introduce yourself. Thank you, Mike Frattallone Main Office 651 - 494 -3327 Andover 763 -712 -9833 0 Frattallone's Ace Hardware and Garden Outdoor Sales Area Time Line March 2002 Put up fence (Decorative Steel with slide gates, not chain Iink, sample enclosed of fence type). Late April First plants show up Open garden center to public May thru September Garden center to full speed- selling dirts, flowers, shrubs, and other accessories October Empty garden center and get ready for Christmas November Put up Christmas tree lot- selling trees, all types, all kinds, only $14.99- selling thousands of trees! January Clean up and wait until the next April This plan represents about 40% of our business! Garden Center Specific's We will have the best looking garden center around. A non - rusting steel fence that's colored to match-the existing building will be just the beginning. Our plants will beautify the parking lot.,and create excitement on our end of a shopping mall that's starting to loose soma., of its luster. We have better pricing than anyone else in the market. And we also will hire 6 to 10 employees (mostly form Andover and surrounding communities) to run the garden center. We hope to have this location for many years to come (our lease is 20) and we hope to became a major part of the community. The only way we can do this is with this garden center. Thanks again, Mike Frattallone 1S(y Al, 1 + t]sil. A.... iiw ' E. • F.W. D.lwop •.t .i..•0 3J. 4 r. •w•i V— =i N � •e , j f.l.n• Faouu.r 1 1 ���1 ta•• ✓. 1 ... ....•.1111 .Po..n io • '.+ili 1 :...� G �1....l l..lua.,• -�,.. illln{rnit iHn '•w iw. PR' V APB ._ i1 .� l'1. _.1.!••11 •t111.. i1111r� .. a•oe•nu.l St. Anthony Rational Sank The Regular to order by the Andover Minnesota. CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (612) 755 -5100 REGULAR CITY COUNCIL MEETI14G - OCTOBER 18. 1988 MINUTES B1- 11onthly Meeting of the Andover City Council was called Mayor Jerry Wlndschltl on October 18, 1988, 8:01 p.m., at City Hall, 1685 Crosstown Boulevard NW, Andover, Councilmen present: Ape], Elling, Knight, Orttel Councilman absent: None Also present; City Attorney, William G. Hawkins: TKDA Engineer, John Rodeberg; Assistant City Engineer, Todd Haas; City'Planner, Jay Blake; City Administrator, James Schrantz: and others _RESIDENT FORUM Art Raudio - stated the Planning Commission Is looking for a clarification of the rezoning on Red Oaks 6th Addition, asking If that can be added to the Agenda. Council agreed. AGENDA APPROVAL The following additions to the - Agenda were suggested: Item 5g, Lund's Evergreen 5th Addition; 5h, Sidewalk and Signals at Crooked Lake School: S1, Hawk Ridge Hockey Rink Expenditures: S,j, Red Oaks 6th Addition. MOTION by Orttel, Seconded by idling, approval of the Agenda as amended. Motion carried unanimously. ANDOVER LIMITED PARTNERS SPECIAL USE PERMIT, MOTION by Cvttei, Seconded by Elling, a Resolution approving a Special Use Permit as requested by Andover Llmited Partnership, Lots 1 -3, Block 1, Andover Downtown Center, as prepared. (See Resolution R254 -88) Motion carried unanimously. NORTH LEXINGTON LANDSCAPING SIGN VARIANCE Mrs. Kuiken - stated they have know it exceeded the ordinance sign is 64 square feet. It Is sign for the 1 1/4 mile of her be preferable than having 24 -f the ordinance allows. taken down the sign, as they didn't requirements when It was put up. The an open area, and she Is requesting one frontage property. She felt that would Dot signs every 40 acres, which Is what 4 r" <:. :.:.. J 1 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. No. R254 -88 A RESOLUTION APPROVING A SPECIAL USE PERMIT AS REQUESTED BY ANDOVER LIMITED PARTNERSHIP, LOTS 1 -3, BLOCK It ANDOVER DOWNTOWN CENTER, ALLOWING OUTDOOR DISPLAYS, SALES AND STORAGE DURING MALL OPERATING HOURS. WHEREAS, pursuant to published and mailed notice, the Planning and zoning Commission has reviewed the special use permit request of the Andover Limited Partnership for outdoor displays, sales and storage during mall operating hours; and WHEREAS, the Planning and zoning Commission has received no negative comments during public discussion; and WHEREAS, the Planning and zoning Commission has found that the request will not be detrimental to the health, safety or general welfare of the community. WHEREAS, the City Council has reviewed the request and heard testimony from the general public. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby - approve the special use permit requested by the Andover Limited Partnership, an lots 1, 2 and 3 of Block 1 of the Downtown Center, for outdoor displays, sales and storage during mall operating hours, with the following Conditions: 1. outdoor displays, sales and storage shall be conducted during posted mall operating hours only, 2. The location of the sales are to be restricted to the front locations of the mall parking lot, excluding the back receiving and loading areas. 3. If the outdoor displays or sales are kept over night and if display areas are not well lit, that reflective materials be placed on the displays so as to help illustrate the displays for safety purposes. r- �S 4. The special use permit shall be subject to an annual review by the Planning and Zoning Commission and the City Council. Adopted by the City Council of the City of Andover this 18th day Of October . 19 88 . ATTEST: LzIL� faz Victoria Volk - City C er CITY OF ANDOVER J FJr r FT' ndschitl Mayor 5) Andover Planning and Zoning Commission September 27, 1988 Page Two Motion was made by Commissioner Vistad, seconded by Commissioner Bosell to approve the September 13, 1988 minutes. Two present votes - Don Jacobson, Becky Pease. All others voted yes. Motion carried. VARIANCE (HOFFMAN), CONTINUED Todd Haas recommended that this item be tabled at the request of the applicant. There was some discussion by Chairman Perry who asked Commissioner Bosell for how long this item.could be tabled. Commissioner Bosell stated the variance did not have a time frame. It was agreed by all of the commissioners to table this item until further notice. ANDOVER LIMITED PARTNER_SPECIAL USE_PERMIT_DOWNTOWN CENTER. LOTS 1 -3, BLOCK 1 Todd Haas stated that the applicant is requesting a Special Use Permit to allow outdoor sales during operating hours as required by Ordinance 8 (Zoning Ordinance), Section 7.03. Sandra Peterson is requesting the special use permit for any tenant in the mall who wanted to hold sales outside of their stores. Wayne Vistad asked if there would be tents for these outdoor sales. Ms. Peterson stated there might be for sales such as furniture. Mr. Vistad asked also what types of displays would the mall have. Ms. Peterson stated there might be outdoor sales for snowblowers and lawn mowers. Also he asked how many feet on the sidewalk portion would the sale be held. Sandy Peterson stated it would probably be about three feet out. Mr. Vistad asked if the outdoor sales would be for the clients of the center to display their merchandise or would they be anticipating tables of craft sales. Ms. Peterson stated there were no plans for craft sales outside. Mike Steinhauser, General Manager of the Mall, stated that, except for city celebrations, they do have churches come in for one weekend to display crafts. Mike Steinhauser stated that the permit they are requesting would be for special occasions such as city celebrations, and perhaps 1 -2 other celebrations in the summer. Andover Planning and Zoning Commission September 27, 1988 Meeting Minutes Page Three Commissioner Bosell made the following.clarifi. cation stating that it was the intent of the Downtown Center that the bulk of the sales would be held in the interior of the mall, and the• crafts would be held in the interior of the mall also. Ms. Peterson stated that any outside groups coming in, other than the tenants of the mall, need to obtain a special permit. Don Jacobson asked why the applicant needed outdoor sales. Ms. Peterson stated the sales would be for special events that would require a permit. The tenants are not pressing for outdoor sales, but the mall wanted to encourage outside sales during the special events. Mr. Jacobson wondered if it was only a couple times during the year. that they wanted the permit, why don't they get a permit for those couple of'times during the year. Ms. Bosell stated that that the cost would be $160 for each permit. Mr. Jacobson had a concern about sales being out on the blacktop, where there are parking spaces. Ms. Peterson they had more parking spaces than are required by law. He also had a concern about the traffic and protecting the outside sales tents from wild drivers. Ms. Bosell stated that the tents would be placed out of the traffic flow. Mr. Jacobson also asked what the "operating hours" would be. Mr. Steinhauser stated the sales would be according to the mall operating hours. He also stated the sales would only be held in the front of the mall. Mr. Jacobson had another concern regarding the traffic hazard that might occur ii.the mall had a kiddie carnival. Ms. Bosell stated that carnivals are not regulated by.pbrmits. Mr. Vistad stated that the one permit per year is a good idea, as long as it is stated that outdoor sales and displays would be restricted to the front areas of the shopping center and the sales would take place during mall operating hours. Mr. Jacobson also asked if outdoor sales items were brought in for the night, or are they left outside all night. Ms. Peterson stated that when the outside furniture sale was held, the sale items were left outside overnight but there was someone there to guard the items. Chairman Perry stated that it might be wise to put'in any recommendation made by the Planning Commission a requirement that some type of reflective material be placed around the outdoor sales area, to prevent any traffic /safety problems. Mr. Vistad stated there would be enough lighting. 0 Andover Planning and -Zoning Commission September 27, 1988 Meeting Minutes Page Four Chairman Perry opened and closed the public meeting. Ms. Bosell stated that this is one of the reasons why the City of Andover staff should develop some type of system to bring the special permit up for a review. Ms. Bosell asked if Chairman Perry could bring this item up to to the City Council. Motion was made by Commissioner Vistad, seconded by Commissioner Bernard that the Andover Planning and Zoning Commission recommends to the City Council approval of the Special Use Permit requested by Andover Limited Partners, 13735 Round Lake Boulevard, for Lots 1, 2, 3, Block 1, Addition, Downtown Center to allow outside displays, sales or storage during mall operating hours. The location of sales are to be within the front locations of the parking lot, to exclude the back area of the building, of the Downtown Center. A Special Use Permit is required under Ordinance 8, Section 7.03 Shopping Centers, — stating outdoor sales and storage during operating hours. A public hearing was held, and there was no opposition. The proposed use will riot be detrimental to the health, safety, or - erreral welfare of the community. This special use permit shall also require, if outdoor displays or storage areas are to be kept overnight and if the areas are riot well lit, that the parties who have those displays put reflective material to help illustrate those displays at night for safety purposes. This special use permit will be subject to annual review by the Planning Commission and the City Council. Mr. Jacobson again, in regard to the phrase "normal operating mall hours," asked if the food store was part of the mail. Ms. Peterson stated yes it is. Ms. Bosell stated that the sign on the doors state the mall operating hours. Mr. Jacobson was concerned as the food store was open for 24 hours. Mr. V.ist.nd stated the motion could be restated to read, "during normal operating mall hours, with the exclusion of Festival Foods." Chairman Perry stated that by stating operating inall hours would be sufficient and would not include Festival's operntion. Ms. Sandy Peterson stated that the posted mall hours refers to the interior mall tenants. Ms. Vistad stated that it vould be clarified if the wording mall interior operating hours, was used. He personally felt mall operating hours was sufficient, as did Ms. Bosell. Roll call: All voted yes, with Mr. Jacobson voting a reluctant yes. Motion carried. CITY OF ANDOVER REQUEST FOR COUNCIL ACTION October 18, 1988 AGENDA SECTION NO. Discussion Items ITEM Andover Limitea rartnels NO. Special Use Permit DATE ORIGINATING DEPARTMENT APPROVED FOR Planning AGENDA BY: Jay Blake, PlannJ BY: The Andover City Council is requested to review and approve the Special Use Permit as requested by the Andover Limited Partnership to allow outdoor displays, sales and storage during posted mall operating hours on lots 1, 2 and 3 of the Andover Downtown Center. The proposal is allowed by special use permit per Ordinance 8, section 7.03. The Planning and zoning Commission has reviewed the proposal and has recommended approval with the following conditionsi- 1. Outdoor displays, sales and storage shall be conducted during posted mall operating hours only. 2. the location of the sales are to be restricted to the front locations of the mall parking lot, excluding the back receiving and loading areas. 3. If the outdoor displays, sales and storage are kept overnight and if the area is not well lit, reflective material;s must be placed on the displays so as to help illustrate the display areas for safety purposes. 4. The special use permit shall be subject to an annual review by both the Planning and Zoning Commission and the City Council. Please review the enclosed Planning and Zoning Commission minutes. COUNCIL ACTION MOTION BY SECOND BY TO 090 substantial modifications to the approved commercial site plan shall follow the procedures described in this section. M. Financial Guarantee: All improvements of the approved commercial site plan should be completed before a Certificate of Occupancy is issued. If in the determination of the Building Official and Fire Chief a building meets the requirements for occupancy and site improvements are substantially completed a Certificate of Occupancy may be issued upon receipt of a cash escrow or letter of credit to guarantee all remaining site improvements will be completed. The amount of the cash escrow shall be determined by the Community Development Department. N. Inspection: The site shall be inspected as necessary to verify completion of all work on the approved commercial site plan. No financial guarantee shall be refunded until a site inspection has been completed and the work for which the guarantee was held is completed as approved on the commercial site plan. (Amended Ord. 314,10-4-2005) 12 -14 -3: CERTAIN ZONING CHANGES; INPUT FROM ADJACENT COMMUNITY: Any zoning district change on land adjacent to or across a public right -of -way from an adjoining community shall be referred to the adjacent community for review and comment prior to action by the governing body granting or denying the zoning district classification change. A period of at least thirty (30) days shall be provided for receipt of comments. Such comments shall be considered as advisory only. (Amended Ord. 8, 10 -21 -1970) 12 -14 -4: AMENDMENTS: A: In accordance with the provisions of Minnesota statutes, the governing body may, from time to time, adopt amendments. Amendments to the text may be initiated by the City Council, Planning and Zoning Commission, property owner, or resident. Staff shall review all proposed amendments and make recommendations to the Planning Commission. All proposed amendments shall be referred to the Planning and Zoning Commission prior to adoption, and the Planning and Zoning Commission shall hold a public hearing on the proposed amendment. The public hearing shall be held in accordance with Chapter 12 -14 -8. Fees shall be charged according to the most current fee schedule. The final decisions regarding amendments shall rest with the City Council. (Amended Ord. 8, 10 -21 -1970, Amended Ord. 314 10 -4 -2005) B: Relation to Comprehensive Plan: It is the policy of the City of Andover that the enforcement, amendment, and administration of this Chapter be accomplished consistent with the recommendations contained in the City Comprehensive Plan, as developed and amended from time to time by the Planning Commission and City Council. The Council recognizes the City Comprehensive Plan as the official policy for the regulation on land use and development in accordance with the policies and purpose herein set forth. In accordance with Minnesota Statutes Chapter 473, the City will not approve any rezoning or other changes in these regulations that are inconsistent with the City Comprehensive Plan. Proposed changes to the City Comprehensive Plan shall have a public hearing per the process in Chapter 12 -14 -8. (Amended Ord. 314 10 -4- 2005) 12 -14 -5: REZONING: A. Procedure: The procedure for changing zoning district boundaries (rezoning) shall be as follows: 1. Initiation Of Rezoning: The Planning and Zoning Commission, the City Council, or a property owner or designee may initiate a rezoning. Persons wishing to initiate a rezoning of property shall fill out a rezoning request form. The rezoning form shall be accompanied by a fee as set forth by ordinancelto be used for the costs of processing the application. The rezoning form shall be filed with the Community Development Director. An additional fee as set by ordinance may be required for each meeting in excess of two (2) that is necessary because of incomplete information or changes in the application. (Amended Ord. 8, 10 -21 -1970; amd. 2003 Code, Amended Ord. 314 10 -4 -2005) 2. A public hearing shall be held in accordance with section 12 -14 -8. (Amended Ord. 314 10 -4 -2005) 3. City Council Action: After a completed application has been submitted, the City Council shall follow the deadline for response to a rezoning application as outlined in State Statute 15.99. (Amended Ord. 314 10 -4- 2005) 4. Reapplication After Denial: No application for rezoning that has been denied wholly or in part shall be resubmitted for a period of one year from the date of said order of denial. (Amended Ord. 314 10 -4 -2005) B. Contract Rezonings: 1. Purpose: The purpose for the contract is to formalize development standards to ensure consistency and compatibility with surrounding land 0 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. (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, 10 -21 -1970) 12 -14 -8: PUBLIC HEARING PROCESS: B. Council Actions Requiring a Public Hearing: The following Council actions shall require a public hearing: 1. Variance 2. Conditional Use Permit (CUP) © Rezoning and Text Amendment 4. Sketch Plan 5. Preliminary Plat 6. Comprehensive Plan Amendment C. Public Hearing 1. A public hearing on an application for Council actions in this chapter shall be held by the Planning Commission in accordance with the Minnesota State Statutes. 2. A notice of the time, place, and purpose of the hearing shall be published in the official newspaper of the city ten (10) days prior to the day of the hearing. 3. Property owners and occupants within three hundred fifty feet (350') of subject properties located inside the Municipal Urban (0 Serice Area (MUSA) (based on the City's most current version of Anoka County Property Records) shall be notified in writing. 4. Property owners and occupants within seven hundred feet (700') of subject properties located outside the MUSA (based on the City's most current version of Anoka County Property Records) shall be notified in writing. 5. The notification distance shall be measured from the perimeter of the subject property. Property owner notifications shall be sent by mail. Failure by any property owner or occupant to receive such notice shall not invalidate the proceedings. 6. Staff shall have discretion to expand the notification area on a case by case basis. 7. The hearing may be continued from time to time in the event the Planning and Zoning Commission needs additional information from the applicant or other sources to make its decision. 8. The Planning Commission recommendation shall be presented to the City Council. 9. The City Council shall make the final decision on the proposed action (Amended Ord. 342, 3 -6 -07) A. The City Council shall be the Board of Adjustment and Appeals as provided by Minn. Stat. 462.354, subdivision 2, and shall have the powers granted under Minn. Stat. Sections 462.357, subdivision 6, and Minn. Stat. 462.359, subdivision 4, as they may be amended from time to time. (Amended Ord. 407, 6- 21 -11) B. Appeals Authorized: A property owner or aggrieved person may appeal any order, requirement, permit, decision or interpretation of the text of this title, or any determination as to the location of the boundary of a zoning district as shown on the zoning map, or any determination by the Zoning Administrator or city employee administering zoning, building or related controls. The City Council shall determine, in harmony with the general purposes of this title and the Comprehensive Plan, by resolution, all appeals. (Amended Ord. 407, 6- 21 -11) C. Time For Filing Appeal: At any time within ninety (90) days after the decision subject to appeal as provided in this section and Minn. Stat. 462.359, subdivision 4, except in connection with prosecutions for violations thereof, the applicant or other person or officers of the city affected thereby may appeal to the City Council by filing a written notice stating the action appealed from and stating the specific grounds upon which the appeal is made. (Amended Ord. 407, 6- 21 -11) D. Hearings: A hearing on the matter may be conducted by the City A'Lb O F Y - 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.AN DOVER. MN.US TO: Mayor and Councilmembers FROM: Jim Dickinson, City Administrator SUBJECT: December 2012 Investment Report DATE: January 22, 2013 INTRODUCTION Summary reporting of the City Investment portfolio to the Governing body is a recommended financial practice and often viewed positively by rating agencies. Furthermore, the City of Andover Investment Policy recommends the Finance Director presents to the City Council at least quarterly the type of investments held by the City. DISCUSSION Attached is the Investment Maturities Summary for December 2012, the December 2012 Investment Detail Report and the December 2012 Money Market Funds Report. These attachments are intended to assist with discussion in reviewing the December 2012 investments. ACTION REQUESTED The Council is requested to receive a presentation and provide feedback to staff. a M N N 69 � 69 W M O N �O�•• V N ' ' ' ' .• �O Vl 'O N 70 O N M O N O ' O1 7 N M ON O 69 69 'C 00 N M O D\ M N n O oo I D` O a h O O M N m V oho M l' t— N C N Vi .Nn N V w 'n w ON C 7 O h N eCCCp O O+ � N O O iW W O CO G� , /f 'Ir 3Y (71 M ' a D � p y► • N 7 h N O N N N N N h n m M 00 7 w 00 O �O m M Vl 01 V N M M l� T D\ V d' M M V1 C, \O hN � LL N N D � 1 V `D O (O N S N N M ? 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