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HomeMy WebLinkAbout06/12/20121685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV Andover Planning and Zoning Commission Meeting Agenda June 12, 2012 Andover City Hall Council Chambers 7:00 p.m. 1. Call to Order 2. Approval of Minutes — May 8, 2012 3. PUBLIC HEARING: Variance (12 -01) to City Code 13 -1 -3 frequency of splitting lots at 15873 Linnet St. NW. 4. Other Business 5. Adjournment klk XT ^ 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Planning and Zoning Commissioners FROM: Courtney Bednarz, City Planner SUBJECT: Item 2. Approval of Minutes — May 8, 2012 DATE: June 12, 2012 Request The Planning and Zoning Commission is asked to approve the minutes from the May 8, 2012 Workshop and May 8, 2012 meeting. PLANNING AND ZONING COMMISSION WORKSHOP MEETING —MAY 8, 2012 The Workshop Meeting of the Andover Planning and Zomrig Commission was called to order by Chairperson Daninger on May 8, 2012, 6:% the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minneso Commissioners present: Chairperson Dam &r, Commissioners Dennis Cleveland, Lynae Gudm=son, Valerie Holthus, Kyle Nemeth, Michael OlsdiF Steve Peterson. Commissioners absent: Also present: Comr evelopment Director Carlberg City Planner, C+SUrtney Bednarz_ _ Others DISCUSS CITY CODE AMENDMENT TO ESTABLISH REGULATIONS FOR INTERIM USE PERMITS = - CommunityDevelopment Director Carlli reviewed the purpose and intent of an XTEM Interur Use Permit (I - , thilieussions Ift6T e joint workshop with the City Council and the modifications f the proposed draft language with the Commission. CommissioneWlson stated pxoviding and IUP process is a valuable option for the Council but he *pressed concerns about the ability to grant an IUP for a use that would be considered prohibited mar area. He pointed out being able to grant a permit for a use that is prohibited would be- sidestepping the Conditional Use Permit and allow the City to grant inappropriate uses m all areas of the City. If a use is not permitted according the City's zoning grid then it should not be permitted with an IUP. He stated and IUP should be used for a permitted use in an area that the City does not want to see continue indefinitely. Community Development Director Carlberg pointed out the intent of the Interim Use Permit is to allow the short term use of a facility /property. He gave the example of using an empty building for a church for a short time period on an interim basis while the church was in the process of building a new church. There is a specific time frame attached with an IUP. He stated the current draft does state a 4/5 vote of the Council is required for an IUP to be approved. He also pointed out the IUP provides for conditions Andover Planning and Zoning Commission Workshop Meeting Minutes — May 8, 2012 Page 2 for approval that must be complied with during the timeframe the IUP is granted for. An IUP may also be used to see if a particular business /use would be a good fit for an area and if it works then the City may look at changing the zoning grid and ordinances. He stated there are excluded uses and they would not be considered under any circumstances. Commissioner Peterson stated a business that wants to utilize a facility for a long -term use would not be applying for IUP because of the costs involved and the short-term use deadlines. Commissioner Cleveland stated he would accept the maximum allowable time for a use at 5 -years but he would like to see the IUP approved for 1 -year increments and the applicant requesting renewal every year. Commissioner Olson stated Section DA, the financial surety requirement should be changed. He suggested changing it from "the owner will provide an appropriate financial surety" to "the applicant may be required to provide an appropriate financial surety ". Chair Daninger asked if these permits would be monitored or if they would be approved and only reviewed if the City received a complaint. Community Development Director Carlberg stated the revocation process would be based on complaints. The applicant would be provided an opportunity to comply with the conditions of approval but if the City continues to receive complaints then the IUP may be revoked. Commissioner Peterson asked if the language for Section E3 was part of the statute language or if the language could be changed. Community Development Director Carlberg stated the language was from the statute but staff could review this language. The Planning Commission discussed the intended use of the IUP, permitting uses in an area where they are not otherwise approved, the required vote for approval, and the maximum length of approval. They also discussed the zoning grid and how the IUP would be designated. It was the consensus of the Planning Commission to move forward with the 4/5 City Council approval requirements, changing the word "will" to "may" in Section D4, and a maximum of 5 -year term. OTHER BUSINESS. Commissioner Peterson stated he would be attending a New Planning Commissioner Training Session in June and he will bring any information to the Planning Commissioner. Andover Planning and Zoning Commission Workshop Meeting Minutes — May 8, 2012 Page 3 ADJOURNMENT. The Planning Commission adjourned at 6:53 p.m. Respectfully Submitted, Tina Borg, Recording Secretary TimeSaver Off Site Secretarial, Inc. PLANNING AND ZONING COMMISSION MEETING — MAY 81 2012 The Regular Bi- Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Daninger on May 8, 2012, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Chairperson Daninger, Commissioners Dennis Cleveland, Lynae Gudmundson, Valerie Holthus, Kyle Nemeth, Michael Olsen, and Steve Peterson. Commissioners absent: None. Also present: Community Development, Director Dave Carlberg City Planner, Courtney Bednarz Others APPROVAL OF MINUTES. April 10 2012 Commissioner Peterson stated on pages 1 through 8 and page 10 the comments contributed to Commissioner Peterson should be changed to Commissioner Nemeth and comments contributed to Commissioner Nemeth should be changed to Commissioner Peterson. Commissioner Nemeth agreed with this change. Motion by Commissioner Holthus, seconded by Commissioner Cleveland, to approve the minutes as amended. Motion carried on a 7 -ayes, 0 -nays, 0- absent vote. PUBLIC HEARING: Comprehensive Plan Amendment (12 -01) to change the Land Use Classification from Neighborhood Commercial to Urban Residential High Density at 1640 and 1678 1 SS "' Lane NW. City Planner Bednarz noted the purpose of this item is to hold a public hearing evaluate the proposed land use change with the criteria established by the Comprehensive Plan and make a recommendation to the City Council. He reviewed the proposed change to Regular Andover Planning and Zoning Commission Meeting Minutes — May 8 2012 Page 2 the Land Use Classification and the criteria established by the Comprehensive Plan for review of amendments concerning a proposed land use change with the Commission. Commissioner Olson asked what the zoning is for this parcel. City Planner Bednarz stated the zoning is M2 or Multiple Dwelling, High Density. Commissioner Olson asked what the difference is between land use designation and zoning designation. It does not appear these two (2) items are the same for this parcel. City Planner Bednarz stated land use designations provide a generalized description of the type of development that could be in a particular area and the zoning designation provides more specific dimensional standards and specific uses that are allowed within each district. Commissioner Olson clarified the request was for changing the land use designation from Neighborhood Commercial to Residential High Density. The Comprehensive Plan shows this parcel has a zoning of Neighborhood Business not Multiple Dwelling, High Density. He asked if the City would have to rezone this parcel. City Planner Bednarz stated the City would not have to rezone this parcel. Commissioner Gudmundson asked if other parcels in this area had been changed from neighborhood commercial to residential. City Planner Bednarz stated there had been one other parcel in this neighborhood that had been changed from neighborhood commercial to urban residential, low density. Motion by Commissioner Cleveland, seconded by Holthus, to open the public hearing at 7:10 p.m. Motion carried on a 7 -ayes, 0 -nays, 0- absent vote. Mr. Scott McKenzie, 1687 155th Avenue NW, expressed concerns about having a three (3) story building in his back yard and the impact this would have on his privacy. He also expressed concerns about the spread of oak wilt in this area if the trees are disturbed. Chair Daninger stated the Planning Commission had received an e-mail from Mr. McKenzie as well. He clarified the discussion regarding the actual facility would take place when the PUD was discussed. Mr. Patrick Gibson, 1696 155th Avenue NW, Andover, expressed concerns about potential traffic impacts. Currently cars speed through this area and do not stop at the stop sign on Hummingbird and 155th Avenue and additional traffic will increase this problem. He stated he would like to see the speed limit on 155t6 Avenue decreased and a stronger sheriffs presence. Regular Andover Planning and Zoning Commission Meeting Minutes — May 8 2012 Page 3 Chair Daninger stated the applicant would provide some information regarding the expected traffic impacts during the PUD Amendment review. As far as current problems with traffic he encouraged Mr. Gibson to continue to work with the Sheriff's Department. He clarified the current plan under review would not be addressing the current traffic problems. Motion by Commissioner Cleveland, seconded by Commissioner Olson, to close the public hearing at 7:16 p.m. Motion carried on a 7 -ayes, 0 -nays, 0- absent vote. Chair Daninger stated items such as landscaping, screening, and traffic impacts will be discussed in detail during the PUD Amendment discussions. Commissioner Olson stated the proposed project is a good use for the property. He stated he would be a proponent for making this change. Motion by Commissioner Cleveland, seconded by Commissioner Holthus, to recommend to the City Council approval of Resolution No. to Amend the Comprehensive Land Use Plan of the City of Andover to Change the Land Use Classification From Neighborhood Commercial to Urban Residential High Density for Property Located at 1640 and 1678 155`h Lane NW. Motion carried on a 7 -ayes, 0 -nays, 0- absent vote. City Planner Bednarz stated that this item would be before the Council at the June 5, 2012 City Council meeting. PUBLIC HEARING: Preliminary Plat oJArbor Oaks and Amendment to Grey Oaks Planned Unit Development located at 1640 and 1678155"a Lane NW. City Planner Bednarz noted the purpose of this item is to hold a public hearing and take input on the preliminary plat of Arbor Oaks and amendment to the Grey Oaks Planned Unit Development. He reviewed the proposed plat and the request for an amendment to the previously approved Grey Oaks Planned Unit Development. He reviewed the proposed project and design features with the Commission including the access, drainage and utility easements, park dedication and trail fees, the landscape plan, parking, and the trash enclosure, the minimum unit sizes and the set back changes being requested. He also pointed out the project will utilize a portion of the available density within the larger Grey Oaks development to allow the proposed 70 unit building. Commissioner Cleveland asked if there were three (3) ponds on the property and if this was adequate for the runoff for this project. City Planner Bednarz stated this was correct and the ponds were able to handle revised watershed district requirements for on site infiltration and regional ponding for the Grey Oaks development would also be utilized. Regular Andover Planning and Zoning Commission Meeting Minutes — May 8 2012 Page 4 Commissioner Holthus asked if the applicant would have to apply for a variance for the southeast portion of the property where the encroachment in the setback is located. City Planner Bednarz explained at this time the Commission is reviewing desirable site characteristics to determine if there are findings the Commission can make that will offset the deficiencies the project has. Commissioner Nemeth stated the Commission received a letter from Trident Development, which notes additional off - street parking spaces for a total of 73 spaces. The memo received from staff states there will be 1 parking stall per unit (70 stalls total), however the applicant has indicated 50% of the required number of stalls would be sufficient. He asked if the applicant would be developing the required 70 stalls or if he would only be constructing 35 parking stalls to start with. City Planner Bednarz explained the City requires one (1) parking stall per unit but only 50% of these would be required to be paved initially. There must also be adequate space for the remaining 50% to be located on the property. Chair Daninger stated the Commission received a letter from Mr. Jason Anderson with concerns about landscaping. Commissioner Olson stated the land use classification in the Comprehensive Plan allows for 14.4 units per acre. The land use district is M -2. He asked what was the maximum density allowed for the M -2 District. He stated the PUD says the density of residential development shall be required to conform to the applicable land use district. The M -2 District allows for 10-11 units per acre. City Planner Bednarz clarified the density is set by the Land Use District. The Urban Residential High Density Land use District and Planned Unit Development review up to 14.4 units per acre are allowed. Without Planned Unit Development the maximum would be eight (8) unites per acre. This is established in a table of Chapter two in the Comprehensive Plan. He further clarified M -2 is the zoning district not the land use classification. The Land Use Classification that is proposed is Urban Residential High Density. Motion by Commissioner Cleveland, seconded by Commissioner Holthus, to open the public hearing at 7:41 p.m. Motion carried on a 7 -ayes, 0 -nays, 0- absent vote. Mr. Roger Fink, Trident Development, St. Cloud, MN, clarified the number of parking stalls that would be required by the facility is 35 but the City requires the applicant to demonstrate the ability to construct the additional 35 parking stalls if needed. He reviewed the management company that would be operating the facility once it was constructed. He stated they are currently working with Anoka County Environmental Services for approval to prepare and serve meals at the facility. A neighborhood meeting had been conducted and concerns were raised about the building size, screening, and Regular Andover Planning and Zoning Commission Meeting Minutes — May 8 2012 Page 5 traffic. These concerns were taken into consideration while designing the facility. The building will drop from three (3) stories to two (2) stories in each of the four (4) wings. This will reduce the impact on privacy for neighboring properties. There will be a significant amount of landscaping done to prove screening for neighboring properties as well. The number of trees removed from the site will be minimized as well. Trident Development is in the process of contact Mr. Anderson in regards to his particular property and will work to reach an agreement that will minimize the impacts to his property. He explained there are four (4) areas Trident is asking the City to allow some flexibility and Trident is offering architectural and site improvements as a trade off. These improvements include the concrete and stone garbage enclosure, the powder coated aluminum railings for the balconies, and the cultured stone on the building. He reviewed the unit sizes and explained for these types of facilities a smaller unit is acceptable because the facility offers a significant amount of community or common space for the residents. He stated it is unlikely the facility will be full at all times and there are very few residents who will have cars so there is very little traffic that will be generated by this type of facility. There would be a staff of 25 to 28 people but many of these are part-time employees and would not be traveling to or from the facility on a daily basis. There is guest traffic and this would increase during the holidays but this traffic would not be a significant amount. The traffic generated by this facility will be less than the traffic that would have been generated by the previously approved use. Commissioner Holthus asked if the median on 155"' Lane would remain. Mr. Fink stated this project would not remove the median currently in place. Commissioner Holthus expressed concerns about the use and purpose of the property entrance on the northeast corner and if this was necessary. She stated additional parking spaces could be located here if this entrance was eliminated. The median limits the flow of traffic to and from the facility. Mr. Fink stated having multiple access points for traffic to move freely is more desirable. City staff had reviewed the plans and he would defer to staff to determine if there were traffic circulation concerns in regards to this access point as it relates to the median. City Planner Bednarz clarified the curb cut was put in place by the City to serve the previously approved uses for the property. The access is a benefit for those residents that use the garages as well as delivery trucks. Commissioner Holthus stated the traffic that comes off Hanson onto 155th Lane does not have a stop sign and this raises safety concerns. She asked if there were plans to install a stop sign in this area in the future. Mr. Fink stated from the comments he has reviewed from City staff, Trident has been asked to prepare a traffic signage plan but only as it relates to the traffic on their site. They are not being asked to review signage in the public right -of -way. Regular Andover Planning and Zoning Commission Meeting Minutes — May 8 2012 Page 6 Commissioner Holthus asked if the residents would be using the public trail system because the trail on the west side of the property goes to a volleyball court and shuffleboard court. This area is a little dangerous for pedestrians. Mr. Fink stated it is possible the residents may use the trail system on occasion but it would be rare. He does want to be sure the public right -of -ways are safe for the residents to use as well. Commissioner Peterson recommended the applicant consider closing the one access on 155th. The access is in the middle of the turn lane and this raises safety concerns. Mr. Fink stated if a traffic light is required at 155`" and Hanson then this would something for the City to consider but it is not part of this PUD discussion. As far as the easterly right -in- right -out he would be open to looking at different ideas for this as long as it does not diminish fire and emergency access to the property. Commissioner Peterson suggested slightly reconfiguring the left turn off 155th to allow a straight line to the front door drop off area. He also asked if there was enough turning space for trucks along the northeast corner of the facility around the bump out. Mr. Fink stated this particular observation had not been looked at. The site plan was based on the current entrance points. He stated the Civil Engineer is preparing a traffic circulation plan, for the Fire Department; to be sure there are adequate turning radiuses. The bump out can be reconfigured in order to meet these requirements if needed. Commissioner Peterson asked how pedestrians would get from the front door to the sidewalks and trails in the area. He suggested an internal sidewalk or striping to get residents to the public systems. There is a sidewalk currently planned on the western portion of the property and this could be extended further west to the sidewalk. Mr. Fink stated this would be something that would be looked into. Commissioner Gudmundson stated the portion of the building that faces Hanson Boulevard is the least appealing and she would like to see more done with this portion of the building. She also asked if the deck would be impacting any of the setbacks for the property. Mr. Fink stated the deck would not be impacting setbacks. Also there is more dimension to the building facing Hanson Boulevard than the drawings show. There are only two (2) units that are directly facing Hanson Boulevard. Commissioner Olson asked if there were fortified portions in the building for emergencies such as tornados. Regular Andover Planning and Zoning Commission Meeting Minutes — May 8 2012 Page 7 Mr. Fink explained staff are trained to deal with all types of emergencies and there are rehearsed plans for taking care of the residents and getting them to the appropriate areas of the buildings. Chair Daninger asked if this building plan was the same as the plans they have for their other six (6) facilities. Mr. Fink stated there are similarities and may be most similar to the building in Winona. The building is tailored for the needs of the Andover area to provide more enhanced care units. This building is not exactly like any other buildings. Chair Daninger asked why truck loading and unloading and the underground parking were being located in front of the residential portion of the building. He asked what type of vehicles would be making deliveries and what time of the day these would occur. Mr. Fink stated there were different concepts looked at but this particular layout worked with the size and layout of the parcel. He clarified the commercial kitchen does receive deliveries, but he does not know for sure the types of vehicles that will be used for this. The two (2) entry points in this area make deliveries easier to accommodate. He clarified all deliveries would be during regular business hours. Chair Daninger encouraged the applicant to do as much screening as possible to provide screening for neighboring residents. He clarified a traffic movement study was being done for the facility to ensure trucks had adequate space to move and turn on the property. He also suggested the applicant look at adding more stone to the side of the building facing Hanson Boulevard. He asked staff to look at the need for a traffic study in this area to determine if a traffic signal is warranted. Commissioner Gudmundson asked if the property would be irrigated. Mr. Fink stated all landscaped areas would be irrigated. Mr. Gibson asked if there would be adequate exhaust for the commercial kitchen and how the excess grease would be handled. Mr. Fink stated all of the exhaust would be properly vented. He also pointed out there will be no deep fried food served so there will not be a high volume of waste grease generated at the facility. Motion by Commissioner Cleveland, seconded by Commissioner Holthus, to close the public hearing at 8:56 p.m. Motion carried on a 7 -ayes, 0 -nays, 0- absent vote. Commissioner Olson stated he would like to see the access points and the curb cuts maintained because this will keep trucks and traffic moving freely on the property. He Regular Andover Planning and Zoning Commission Meeting Minutes — May 8 2012 Page 8 stated he would also like to see the sidewalk extended to the public sidewalk along the west side of the facility. Commissioner Gudmundson stated she would agree with Commissioner Olson's comments. Commissioner Cleveland stated this facility is not expected to generate a lot of traffic so he would not close any of the access points. Commissioner Holthus suggested a stop sign be installed for westbound traffic on 155tH Lane. Chair Daninger stated this was not part of the plat and could not be required of the applicant. Commissioner Cleveland stated he liked the plan and encourages as much screening as possible. Chair Daninger stated he would like to see more stone added to the Hanson Boulevard side of the facility. Commissioner Peterson stated the screening along Hanson Boulevard would be important as well due to the increase traffic expected on Hanson Boulevard. Chair Daninger stated traffic in the area is tricky and it is not part of this PUD discussion. He would like to have the County and City staff look at this area. Motion by Commissioner Cleveland, seconded by Commissioner Olson, to recommend k T �p approval of Resolution #� Approving the Preliminary Plat of Arbor Oaks and Amendment to Grey Oaks Planned Unit Development located at 1640 and 1678 155" Lane NW with the minutes reflecting discussions on the traffic concerns, screening, landscaping, and building architecture. Commissioner Gudmundson stated additional stone should be added to the portion of the building facing Hanson Boulevard. Friendly Amendment Additional stone added to the portion of the facility facing Hanson Boulevard. Commissioner Cleveland and Commissioner Olson supported the friendly amendment. Motion as amended, carried on a 7 -ayes, 0 -nays, 0- absent vote. Regular Andover Planning and Zoning Commission Meeting Minutes — May 8 2012 Page 9 City Planner Bednarz stated that this item would be before the Council at the June 5, 2012 City Council meeting. OTHER BUSINESS. City Planner Bednarz updated the Planning Commission on related items. Commissioner Gudmundson asked if the previous planning cases had been approved by the City Council as they had been presented by the Planning Commission. City Planner Bednarz described the modifications the Council had made to each of the items. ADJOURNMENT. Motion by Commissioner Cleveland, seconded by Commissioner Holthus, to adjourn the meeting at 9:09 p.m. Motion carried on a 7 -ayes, 0 -nays, 0- absent vote. Respectfully Submitted, Tina Borg, Recording Secretary Timesaver Off Site Secretarial, Inc. , aw) - I T!MO. 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 . (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Planning and Zoning Commissioners FROM: Courtney Bednarz, City Planner' SUBJECT: PUBLIC HEARING: Variance (12 -01) to City Code 13 -1 -3 frequency of splitting lots at 15873 Linnet St. NW. DATE: June 12, 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 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. ACTION REQUESTED The Planning Commission is asked to recommend approval or denial of the variance based on review of the findings offered by the applicant. 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 4 p t ubmitted, 0wey 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 ; and WHEREAS, the Planning Commission recommends approval/denial of the proposed variance; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby approves /denies the variance request based on the findings in this resolution and subject to the following: 1. 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 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 SWI /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 .2 NDblt Incorporated 1974 Variance 15873 Linnet Street NW Location Map N N 161 ST AVE 2012 m � N N N 16045 �h �9 1 2031GPyti a° o v) 1594 ?',ti N ^ ��" Q N J 2032 15936 CO 15929 Z 1966 Q v o ro °'° v fn N N 15914 15911 Q 2 HWY R/W PLAT 02 1971 o"i N n M rn 15827 Woodland Crossings 15858 15859 1585 Park 15840 46 2023 15844 1584115842 15826 N 2oa3 15832 15831 15830 1583515832 1582715812 158TH AVE CARDINAL RIDGE 15821 15822 158TH AV 1561715798 iR 2038 m 15808 15807 15806 IT 15796 1579715798 1580915810 1580 15790 1579515796 1579 15�'J.j � N 15784 15783 15786 LL LJ QSS�:1 1576715788 15785 15774 CR �,p' 1577D 15771 15772 Z 1577515774 15773 15766 C1 w-$�gv 057 15757 r' 15758 7jH 1575715760 15761 15758 G 15 CO s " 2032 1950 SHAW S GLEN; CO F- w ea c 15660 15651 < Z 7 >S3 U) H Cb P 2119 _ 15629 O ^�N^�h8i X55625 Z O s GREY OAKS % Subject Property 3 N W- A -E S City Code 12 -14 -7 Variances 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 be granted that would allow any use that is not allowed in the zoning district in which the subject property is located, except as follows: (Amended Ord. 407, 6- 21 -11) 1. Variances shall be granted for earth sheltered construction as defined in Minn. Stat. 216C.06, subdivision 14, when in harmony with the official controls. (Amended Ord. 407, 6- 21 -11) 2. Variances may be granted for the temporary use of a one family dwelling as a two family dwelling. (Amended Ord. 407, 6- 21 -11) E. Procedure: The procedure for granting variances is as follows: 1. Request For Variance; Fee: A person desiring a variance shall fill out and submit to the Community Development Director a request for variance City Code 12 -14 -7 Variances 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 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) Attachment 2a Honorable Mayor and Council Members: Letter From Applicant I am requesting a variance from city code title 13, section 13.1.3 (frequency of 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 I 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. 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) Q CERTIFICATE OF SURVEY Property Survey for OfSCRlPTiON MWKS CUSTOM HOMES, INC. of the SouMwutt Quarter off the S°a�'t°it S°f affm t+K"5, 'To� O , zt Range 24, Anoka CounN Minnesota, as measured dung the west and south /loss of end Southeast tluata of the Southeast Quarter. Subject to a roadway easement ow, under and across Met part of the above desanbed properly whkh I/ss wostedy of a We pwvM with and JaW fast east of the Wowing dsxrbsd /he hereinafter referred to or the A'• 8sgkmhg of the southwest caner of the above dosabsd proposer. Maras an an assumed beahg of North 00 degrees JS mlwtes JJ- ssoronds East dung the west the of sold pvapsrly a dbtmes of 9,159 look thorns northeastany a dkdance of 108.48 rest ding a tenpentlol curve canoe to the east haft a radius of JW.00 fast and a cantrd angle of 20 degrees 54 minutes .i4 ewwa* Man" I North 21 degrees M minutes If 0110000W fort tangent to lost I deralbed curve a distance of 5a0f feet thence norMMy a distance of 10505 fast chug a tangentfd curve coneam to the west ho*g a radius of JWW lest end a call d &Vs of 20 I dowses 12 minutst 57 "cards to the north the of sold desabed I property and said the A' Mere fwnhothg. The sfde /he of sold saeement is prowged or shortened to terminate an the north and south The of said daacrbed property WAlso sub/ect to a drainage and utN ty easement own, under and C acres, Me north taw foot end Me south fdW feet and the east �I law lest of mH dseaWW property. And Met pat of wN w deft -bed property bing bet be a /he drawn pard/d MM and W ,10.00 feet east of sold dsaabod the A' and a the dawn padld I !� with and 40 feet east of sold descrbed line A : fie sldellnes of said easement are prolonged or shortened to tarminate on the C r _904 -nMh and south Ihs of sold property. m oar _ J10.00 �• 57. 9asrx P'''baxr as•oar wa 1------- ��----- - - - - -- " t , -__� r 'o mza � Doe! Dorn r 1 to !�° x e \ awe F1ra 1 y r i e9o4a Doy.r I 11 x� >r'i 0 Denote Wood Stake Set ;o1..ar r i ' -' Fer Emawtlan Grly ' _ J 1 i I _� Denotoo &A -fbc. Drohage ____ � Denote, Prtpwed pewum 907.1 .8 sop of Sock E/awtkw .� / ,f 1 0 90e.e a ` "- K' ® °0S °`➢wage) S% ,Ol a T.w�}Y�D.f i w Dosage Few Gewgan 1eYx We' / x t b `\ 902J�e `w` \ I � Lowest floor 97,Wkn ,c j N Y sW,3 %pro ?. Dab` eed ro mt7 'f ..` B'OOk I Type or B.Ddhgr A Wand Fran. 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S W�ru vALVE BE 3CM� TO NO \ �r .;a I = I f I I - - I II I _may WATER `Huron _ i rRMDYD INS" CONIWR �\ \ I f 1 •FBLQ I / •EBLO,/ 111jl •FBLO I •EH I _FBLO I i _!FgLO l l •FBLO �/ I r' - _ _ 14HRI aroKRW0t 577.0-, PRRI MT EsEVnN, (ll� PWWWUW i C,RERUM Ym EIEVAT" I � Pw m DRAINAD[ rLOw luawas03ll DOU BVlls[x _ _ - rw.DSw snE iwARMM uNE EYEME4 wEMIAW i /''_.a__n -� -` _� r� -, r_ �j`_, r__,_ _� --------- r - -� -_Y _-, __fir 1 1,\\ I,� 9R 1MNwF .•gyp rnowuD OR.VIUGE AMM / l/ _ _ � �PS]_�� PROPOSED SWLLF o� 1 Y X _ _ PROw5E0 NL 1mA S1 r /�' YWILEMAXLE YEMLLF ACE[55E5 [ II %� /`( yN N 1 �'I I I --- I I I I I T�jl °1 I {� I 1 ® WuW MCNRrNATWR` �' c. i n v N I h l n \ I 1 1 I N/ 11 [] � , I © rROwsED aARAU wcA,IDN I I I- v I v I I- 4 l/ 1 1 I 'if I I III III 14III III i�l I I I III I I :IT Pnoros[D STRUCTURE UI Mneu LDDEST CURIE CU 91 U•eRe.o Low[m rInOP CjyArwx `r -YOea `ABASE " Euv/.iMII F - l '(I C I I III III (' �I (I III III I i III I 1 II wW -U) n rm RArOwx, 1 I I 1 I I I 1 e I I I I I I I L . 110 CM 5 1 I I I I I I I I I I I i.�WD • Iw RWE. lun + Wr , I 1 III III III Iwl =1 III I 1 ! CJ sDM.E arm LwRwi ______JIL -__ EEM.SRrt Exim WAlAWi auAaE DwPNO m aM cOURS[ NOTES: 6, UPON COMPLICATION OF SITE GRADING, A PORTION - mPNS ER 11T m rwo rouvu ..� ueAn[ 770!![0 ar ,NRU couRS[ S 1. REVEGETATION SHALL OCCUR WITHIN 14 DAYS OF ROUGH GRADING. 5. CONSTRUCTION TRAFFIC AND EQUIPMENT SHALL BE OF THE INFILTRATION AREA SHALL BE SODDED. AFTER —•4 2. SEE SHEETS G6. G7 AND GB FOR DETAILS. NOTES AND TABLES. KEPT TO AN ABSOLUTE MINIMUM WITHIN THE SODDING THAT PORTION OF THE POND, N SHALL BE 3. SITE DISTANCE REQUIREMENTS ARE MET AT INTERSECTIONS, INFILTRATION AREA OF THE POND, BELOW THE 897.0 FLOODED FOR VERIFICATION OF THE 0.5 m/nour No e 4. SEE SHEET 7 FOR LOT TABULATION AND STORM SEWER SCHEDULE. CONTOUR. INFILTRATION. YY N n DATE EVISION IbwI MIY rA-. '+'""^�• °°°• GRADING, DRAINAGE AND EROSION w3Er .w„ �..:.+�..� �N YAM NNr, wcw Nil Hakanson Anderson Assoc., Inc. NINKS LAND DEVELOPMENT, INC. CONTROL PLAN 3 BRI \ CMI En9ln* - On Lana -Il.' en °F F � A 3601 Iflum n As.., AneYe, MinnnCla ssse3 CARDINAL RIDGE 2ND ADDITION CITY OF ANDOVER, MINNESOTA 7 763-427-5560 n u 763-427 50.5x0 1903` 417;q6W1;*FA0)� Z b 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 into not more than two (2) parcels when both divided parcels 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 0 subject property. 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 been assessed nor land dedicated as above, the fee, as set forth by ordinance for each lot created under this chapter, may be assessed for park feesZ. (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 for a 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 -16 -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. 15 See subsection 1 -7 -3H of this code. 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 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. 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 tt 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 or otherwise 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. The 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 applicable to the city 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 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) `2 ,r e I. Compliance with Law. The final plat shall be prepared in accordance with all applicable State laws and County ordinances. 11.02. Council Action. The Council Shall act on the final plat within 60 days of the dale On which it was f iced with the Clerk. The final plat shall hot be approved if It does rot 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 shown 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 the County Surveyor and approved by the District Court for use as judicial monuments shall be set at 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 antl the I oca tion thereof shall be shown. e. An identification system for all lots and blocks shall be Shown. I. Streets shall be named and all names shall be Shown. A sequence of street naming shall be followed ComiStentwilh thepattern 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. Lau lane/and water areas shall be Indicated by an identification Symbol. j. 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 unpiatted, It shall be so indicated. m. Before any residential plat may be approved and before any permit may be issued for a residence therein. the Subdivider shall first present competent proof nha t the natural groundwater level at all times In saidsubdivision is not less Ihan3 feet 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 isf fled within 6 monthsof the effeclivedale residential subdivision. of this ordinance. SECTION 11. REGISTERED LAND SURVEYS. The provisions of this ordinance shall apply to all registered land surveys wi Min 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 01 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, streel rights• of way, surface water ponding, and such other public uses as shall be found to be necessary. convenient or desirable by five 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 be 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 Flgng and Recording. In accordance with applicable State law, no conveyance of land to which the regulations are appl icable shall be filed or recorded, it the land is described in the conveyance by metes and bounds or by reference to an unapproved registered lard survey made after April 21, 1961 or to an unapproved plat made after such regulations become effective. The foregoing provision doe6_nol apply to a conveyance if the land described: (1) was a separate parcel of record April 1, 1945 or the date of adoption of Subdivision regulations under Laws 19eS, Chapter 297, whichever is the later, or of the adoptionof 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 hot interfere with the W rpose of 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 or agent of the owner of lard who conveys a lot or parcel in violation of the provisions of this - subdivision shall forfeit and pay to the municipality a penalty of not less than 5300.00 for each lot or parcel so conveyed. A municipality may enjoin such conveyance or may recover such penalty by a civil action in any court of competent Jurisdiction. 14.02 Hardship. In any case in which compliance with he foregoing restrictions will create an unnecessary hardship 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 14.03 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 penalty of not less than $100 far 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 1S. 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 saitl 13 SECTION 16. PERMITS 14.011mprovements. All electric and gas distribution lines or piping, roadways, walks 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 the official map of the Community, or which has otherwise been approved by the Council. 14.02 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 linlftationon 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 forth a erection of any building on any land conveyed in violation of the provisions of this ordinance. No permit shall be Issued for the erection of any building an any tract of land described by meta and bounds and consisting of less than 5 acres and having a width of less than 330 feet. SECTION 11. VARIANCES. 17.01 Hardship. The Council may grant a variance from the requirements of this ordinance as to specific tracts of land where N 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 beg ranted only it the variance does not adversely affect the adjacent properly owners and Comprehensive Plan or the spirit and intent of this ordnance. 17.01 Procedure. Written application for a variance shall be filed with the Clerk, and shell 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 H shall have received the affirmative vote of a majority of thefult Councii. SECTION 1e. 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 5300 or by imprisonment rot to exceed 90 days or both for each Offense. The platting, replatting, subdividing or conveyance of land not in accordance with the requirements of this ordnance may be enforced by mandamus, injunction, or any other appropriate remedy in any court of competent jurisdiction. SECTION 19. REPEAL. All ordinancesor portions thereof in conflict with the provision of this ordinance are hereby repealed. 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 15th day of February, 1972. ' Lou Appleby CHAIRMAN ATTEST: Mary L. West CLERK abcdefghi jklmnopgrstuvwxyz Published in Anoka Co. Union Feb. 25, 1972 Minnesota Laws Chapter 287 Subd. 2 from 1945 2871 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 with any 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 effective 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 time 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 showing the agreement to convey is recorded in the office 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 be recorded. Any 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 suck conveyance by action for injunction or may 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. 1`1 CITY OF ANDOVER Ordinance 40 from 1977 COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO.40 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 one (1) 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 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 andwi6in 100 feet of subject property. 5) Such other information as may be required to fully represent the intent of the lot split. 6) 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 III - 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. JS' 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 any provisions in this ordinance upon its determination in its absolute 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. /(Q 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 may be enforced by mandamus, injunction, or any other appropriate remedy 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 1X - 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 OF 'ANDOVER W /' G gida 1 -Mayor Patricia K. JLdq #st - City Clerk 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 grant a variance 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 17thday of May , 1977. TEST: Patricia K. Lir`Tdqu 6t -,City Clerk (City Seal) f= CITY OF ANDOVER J ,Pry Windschitl - Mayor CITY OF ANDOVER COUNTY OF ANOKA (� ' STATE OF MINNESOTA NO. 78 -7 A RESOLUTION APPROVING THE VARIANCE REQUEST FROM THE PROVISIONS OF ORDINANCE NO. 10, 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 WHEREAS, the City Engineer has reported favorably on the 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 1.020, 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 , 1977. ATTEST: cia K. jindgtfisyj - City Clerk CITY OF ANDOVER tq Jerry WPdschitl - Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R82 -7 A RESOLUTION APPROVING A VARIANCE REQUEST FROM THE PROVISIONS 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 the City of Andover to hereby approve a variance request from Richard Hoggatt for the subdivision of Parcel 4700, Plat 65933 into three (3) separate parcels; said Parcel 4700 described per the attached Exhibit "A "; with said variance being granted from Ordinance No. 10, Section 1. OZ. 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. ' cia K.'L. AdVist - City Clerk CITY OF ANDOVER Cl -z.:d Je' ry W dschitl - Mayor 00 pRAWING - --- - - - - - - - -- 'Ell 111, OF OOIMFV£,, S. 16 l,]} k,1. > ti m'l tip m IT I le _n2! 33 33 I :R 11 L I lE I FEF7 C1l`E LEST 11, FEEL 00, 0T ' SEC I T. 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