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Home My WebLink About08/13/20131685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV Andover Planning and Zoning Commission Meeting Agenda August 13, 2013 Andover City Hall Council Chambers 7:00 p.m. 1. Call to Order 2. Approval of Minutes — July 9, 2013 Regular Meeting 3. PUBLIC HEARING: Conditional Use Permit Amendment —16045 Nightingale Street NW — Request to extend the approval of subordinate classrooms — Andover Christian Church 4. PUBLIC HEARING: Conditional Use Permit — 1640 155`h Lane NW — Request for a single station beauty salon within the existing building serving Arbor Oaks assisted living tenants along with clients from the general public — Arbor Oaks Development 5. PUBLIC HEARING: Variance — 15511 Juniper Street NW — Request to reduce the side yard setback from ten (10) feet to eight (8) feet for an existing structure and to allow the construction of an addition — Benjamin Rono 6. PUBLIC HEARING: Variance —15873 Linnet Street NW — Request to allow a lot split more than one time in any three (3) year period as regulated in Andover City Code Title 13, Chapter 1, Section 3 — Scott Allen 7. Other Business 8. Adjournment 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Planning and Zoning Commissioners FROM: Stephanie L. Hanson, City Planner SUBJECT: Approval of Minutes — July 9, 2013 DATE: August 13, 2013 REQUEST The Planning and Zoning Commission is requested to approve the minutes from the July 9, 2013 regular meeting. PLANNING AND ZONING COMMISSION MEETING —JULY 9, 2013 The Regular Bi- Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Daninger on July 9, 2013, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Chairperson Daninger, Commissioners Timothy Cleven, Bert Koehler IV, Kyle Nemeth, and Steve Peterson (arrived at 7:05 p.m.). Commissioners absent: Valerie Holthus, Lynae Gudmundson Also present: Community Development Director Dave Carlberg City Planner Stephanie Hanson Others APPROVAL OF MINUTES. This item was moved to end of the agenda due to the lack of a quorum of those present at that meeting. PUBLIC HEARING: Conditional Use Permit —15955 Drake Street NW — In Home Beauty Salon — Kim Coleman Associate Planner Andrew Liska noted the purpose of this item is to hold a public hearing and take input on a Conditional Use Permit for an In Home Beauty Salon. Commissioner Peterson arrived at 7:05 p.m. Associate Planner Liska reviewed the proposed Conditional Use Permit with the Commission. Commissioner Cleven indicated he was a neighbor but stated this should not impact his decision on this matter. Motion by Koehler, seconded by Peterson, to open the public hearing at 7:10 p.m. Motion carried on a 5 -ayes, 0 -nays, 2- absent ( Gudmundson, Holthus) vote. Regular Andover Planning and Zoning Commission Meeting Minutes —July 9, 2013 Page 2 Mr. & Mrs. Coleman, 15955 Drake Street NW, appeared before the Commission to answer questions. Commissioner Nemeth wondered if there will be a lot of clients at the salon until 9:00 p.m. Mrs. Coleman stated it all depended on the process that was being done. Commissioner Koehler asked if the salon will close at 9:00 p.m. or is the last appointment at 9:00 p.m. Mrs. Coleman indicated it would close at 9:00 p.m. Chairperson Daninger asked if the timeframe was shortened, would Mrs. Coleman have an issue with it. Mrs. Coleman indicated she was trying to accommodate her clients and it could pose a problem. Motion by Nemeth, seconded by Cleven, to close the public hearing at 7:13 p.m. Motion carried on a 5 -ayes, 0 -nays, 2- absent (Gudmundson, Holthus) vote. Commissioner Peterson indicated with an in -home business, parking is usually the issue but with only one person working at the salon he did not think there would be a problem and he did not have any issues with this request. Chairperson Daninger thought because this is a residential area, the timeframe could be an issue but he did not have an issues with this application either. Motion by Peterson, seconded by Koehler, to recommend to the City Council approval of Conditional Use Permit for an In Home Beauty Salon. Motion carried on a 5 -ayes, 0- nays, 2- absent (Gudmundson, Holthus) vote. Associate Planner Liska stated that this item would be before the Council at the July 16, 2013 City Council meeting. PUBLIC HEARING: Rezoning — 35.78 Acres at the SE Corner of Andover Boulevard NW and Prairie Road NW From R -1 Single Family Rural to R -4 Single Family Urban — Mark Smith City Planner Hanson noted the purpose of this item is to hold a public hearing and take input on rezoning of 35.78 acres at the SE Corner of Andover Boulevard NW and Prairie Road NW from R -1 Single Family Rural to R -4 Single Family Urban. City Planner Hanson reviewed the proposed rezoning proposal with the Commission. Motion by Koehler, seconded by Nemeth, to open the public hearing at 7:17 p.m. Motion carried on a 5 -ayes, 0 -nays, 2- absent (Gudmundson, Holthus) vote. There was no public input. Regular Andover Planning and Zoning Commission Meeting Minutes — July 9, 2013 Page 3 Motion by Nemeth, seconded by Peterson, to close the public hearing at 7:18 p.m. Motion carried on a 5 -ayes, 0 -nays, 2- absent (Gudmundson, Holthus) vote. Motion by Peterson, seconded by Koehler, to recommend to the City Council approval of Rezoning 35.78 Acres at the SE Corner of Andover Boulevard NW and Prairie Road NW from R -1 Single Family Rural to R -4 Single Family Urban. Motion carried on a 5 -ayes, 0 -nays, 2- absent (Gudmundson, Holthus) vote. City Planner Hanson stated that this item would be before the Council at the August 5, 2013 City Council meeting. PUBLIC HEARING: Preliminary Plat — 35.78 Acres at the SE Corner of Andover Boulevard NW and Prairie Road NW for a 71— Lot Urban Residential Development known as Catcher's Creek — Mark Smith City Planner Hanson noted the purpose of this item is to hold a public hearing and take input on a Preliminary Plat of 35.78 Acres at the SE Corner of Andover Boulevard NW and Prairie Road NW for a 71 — Lot Urban Residential Development known as Catcher's Creek. City Planner Hanson reviewed the proposed Preliminary Plat with the Commission. Motion by Koehler, seconded by Nemeth, to open the public hearing at 7:27 p.m. Motion carried on a 5 -ayes, 0 -nays, 2- absent (Gudmundson, Holthus) vote. Mr. John Stevens, 14464 Flintwood Street, stated he was concerned with the main road going through the proposed new development and possible speeding. He was looking for a way to break up the road to slow traffic down. He also thought adding more homes to the neighborhood with only two exists will be taxing on traffic. He also noted they do not have any access to trails or sidewalks in the neighborhoods. He noted this will also add to the possible traffic problems. Mr. Stevens stated the size of the park in his neighborhood is ample right now but could get overwhelmed with more children. He stated they were concerned with the safety of the children and their neighborhood along with outside traffic being funneled through the neighborhoods. Mr. Justin Higgins, 14454 Evergreen Street, stated his concern was with the park and street flow. He displayed a proposed plat from a couple of years ago and showed where a proposed future park could go along with how the road was broken up with the proposed plat to slow traffic down. He requested that something like what is on the historical plat be done. Regular Andover Planning and Zoning Commission Meeting Minutes —July 9, 2013 Page 4 Mr. Paul Theis, 190 144`h Avenue NW, stated his concern was with construction traffic and what could be done to prohibit them from the Hickory Meadows entrance and allow them only access from Prairie Road. Mr. Mark Smith, applicant, reviewed the preliminary plat with the Commission. He noted the Park Commission did not want any more park land with the development in that area. He noted they will work with staff to see what can be done to help the neighborhood concerns. Motion by Nemeth, seconded by Cleven, to close the public hearing at 7:38 p.m. Motion carried on a 5 -ayes, 0 -nays, 2- absent (Gudmundson, Holthus) vote. Assistant Director of Public Works /City Engineer Todd Haas reviewed the reasons why the Park Commission did not want to have additional parkland within the developments in the area. He also reviewed the proposed new roadway and how they planned to slow traffic with the neighborhood. He noted the roadway will be properly signed based on Minnesota mandates. Mr. Haas stated the streets will posted at 30 MPH and cannot be posted any lower. He noted the park will be signed but the speed limit will remain at 30 MPH. Access management to Andover Boulevard is controlled with the County and he did not believe the County will allow another access onto Andover Boulevard. Mr. Haas stated City staff needs to talk to the Council to see if they think sidewalks are needed with the development to get to the park. He thought if there was interest from the Commission to add sidewalks, they should indicate it for the Council to review. Community Development Director Dave Carlberg indicated the residents were concerned with construction access. Mr. Smith stated they can block off the access so construction access is limited to one access area. He noted once the streets are in it will be hard to regulate it. Mr. Stevens understood there have been issues getting this development done but he did not believe that it should be built without concern for the safety of children and residents in the neighborhood with a straight street. He thought the street needed to be adjusted to slow traffic down. Commissioner Nemeth asked if a speed bump could be installed on the road throughout the development. Mr. Haas stated they do not recommend speed bumps because people tend to drive around them or slow down over the speed bump and then accelerate faster after the speed bump. They are also hazards to snowplow drivers in the winter. Commissioner Peterson asked if Mr. Haas had traffic counts for Prairie Road and Andover Boulevard. Mr. Haas indicated he did not have that information but thought Andover Boulevard was a busier road as it is a County thoroughfare. Regular Andover Planning and Zoning Commission Meeting Minutes —July 9, 2013 Page 5 Commissioner Peterson asked where the trail ends on Prairie Road. Mr. Haas stated it starts on the east side of Andover Boulevard and goes down to Bunker Lake Boulevard. Commissioner Cleven asked if the concern of the Coon Creek Watershed District and Anoka County is going to be taken care of before this is approved. Ms. Hanson stated that is one of the conditions. Commissioner Cleven asked if there is a possibility of installing turn lanes at Andover Boulevard and Prairie Road because it is a recommendation. Mr. Carlberg indicated it is a recommendation but at this time, the County is not going to install them. Commissioner Koehler asked what the drawback would be to installing turn lanes. Mr. Haas stated there is none except for the cost of installation to the developer. Chairperson Daninger noted the length of the cul -de -sac met City Standards. Ms. Hanson indicated they were within the limits. Chairperson Daninger asked if it is safer to have sidewalks within neighborhoods. Mr. Haas indicated there a few sidewalks in different neighborhoods and if used they do provide safety. The sidewalks are not meant for bikers, just pedestrians. Chairperson Daninger asked who would be using the roads with the neighborhood. Mr. Haas thought both neighborhoods would use them depending on where they are heading. Chairperson Daninger asked how Mr. Haas compares this road with Veterans Memorial Drive. Mr. Haas stated the traffic will be lower in this development. Mr. Haas reviewed the previous concept plan with the Commission. Mr. Smith stated the previous drawing was done by the Hickory Meadows developer and was not their plan. Mr. Carlberg indicated the previous plan was a ghost plat provided by another developer. Commissioner Nemeth stated in the letter from Anoka County, it is talking about a possibility of a round -about at Prairie and Bunker and asked if staff has looked at that. Mr. Haas indicated they have not reviewed that possibility at all. He noted this will need to be looked at by the Council. Commissioner Nemeth stated he was looking at one of the sketches and it is showing a buffer area on Andover Boulevard where conifer trees will be moved to a new area for buffering. Mr. Smith stated there are smaller trees in the development along with hard wood trees and they are looking at moving them for buffers. Commissioner Peterson asked if there is a lighting plan for the development. Mr. Haas stated there will be a lighting plan and streets lights will be required. The Parks Commission will need to review this to decide if they want a light within the park itself. Regular Andover Planning and Zoning Commission Meeting Minutes — July 9, 2013 Page 6 Commissioner Koehler indicated someone needed to look at the traffic patterns and possible increased traffic because there will be traffic in the area in the morning during rush hour along with kids going to school. Chairperson Daninger stated he would like to see something happen with the roadway in the development whether there be a sidewalk or a way to slow down the traffic. Motion by Koehler, seconded by Nemeth, to recommend to the City Council approval of the Preliminary Plat with the stipulation that the issues regarding traffic on 144`' Street are looked at by staff and a solution is provided to try to mitigate the volume as well as provide for safety of the children along that thorough fare and look at a way to control the traffic at Prairie and Andover to prevent the offset of traffic going through 144`h Street. Further discussion: Commissioner Peterson stated he agreed with both of those conditions and thought it was important staff looks at both because even if a sidewalk is installed it does not prohibit people from cutting through and they have not solved the main issue. He also did not think it was fair that the developer should pay for all intersection improvements. He also thought they should look at mounding and reserve enough room in the easement for a future round -about if needed. Mr. Carlberg thought staff needed to look at what the developer is already giving the City and County for right -of -way and if additional right -of -way needs to be dedicated for a roundabout at Prairie Road and Andover Boulevard as recommended by County Highway Department it may have to be purchased from him as there needs to be a nexus between the traffic generated by the development and the need for the improvement. He noted the letter from Anoka County is a recommendation, not a requirement. Motion carried on a 5 -ayes, 0 -nays, 2- absent (Gudmundson, Holthus) vote. City Planner Hanson stated that this item would be before the Council at the August 5, 2013 City Council meeting. PUBLIC HEARING: Zoning Text Amendment — City Code Title 5 Police Regulations to Amend Noise Regulations for Loading, Unloading, and Unpacking Areas and City Code Title 12 Rezoning Regulations to Amend the General Provisions for Off - Street Loading and Unloading Areas. Community Development Director Dave Carlberg noted the purpose of this item is to hold a public hearing and take input on a Zoning Text Amendment — City Code Title 5 Police Regulations to Amend Noise Regulations for Loading, Unloading, and Unpacking areas and City Code Title 12 Rezoning Regulations to Amend the General Provisions for Off - Street Loading and Unloading Areas. Regular Andover Planning and Zoning Commission Meeting Minutes — July 9, 2013 Page 7 Community Development Director Carlberg reviewed the proposed Zoning Text Amendment with the Commission. Commissioner Nemeth asked for clarification on the times and the decibel levels. Mr. Carlberg reviewed the decibel levels allowed in the City and the times allowed with the Commission. Motion by Nemeth, seconded by Cleven, to open the public hearing at 8:33 p.m. Motion carried on a 5 -ayes, 0 -nays, 2- absent (Gudmundson, Holthus) vote. Chairperson Daninger noted a letter was received from Ms. Brenda Hanson, 1939 1351h Avenue NW. Ms. Hanson addressed the Commission regarding her issues with the noise at Target during early morning hours. Mr. Dave Whitney, 1902 1351h Avenue NW, stated this issue does not necessarily impact him but there are a number of other neighbors that are impacted by the noise. He noted the incoming Wal -Mart could pose issues with noise in that area. Mr. Whitney explained he was a truck driver and knows what kind of noise the trucks can make. He reviewed the different types of noise being made. Ms. Hanson stated regardless of whether the windows are open or not she hears the noise. This is a year round noise they have to put up with. Motion by Koehler, seconded by Nemeth, to close the public hearing at 8:48 p.m. Motion carried on a 5 -ayes, 0 -nays, 2- absent (Gudmundson, Holthus) vote. Commissioner Koehler stated in the letter, Attachment A, there is not one city listed that states anything audible and there needs to be some balance. He did not know of any other recommendation other than the one put forth by a national organization. There has to be some guideline and not just what I can hear and what you can here. Commissioner Nemeth stated other than the time, he was not an expert regarding decibel levels but would suggest changes be made to some of the decibel levels. Mr. Carlberg stated the levels are MPCA standards and he would suggest they City not change them as they are widely used and recognized. Commissioner Cleven stated the standards being used are nationally recognized and the levels they have are considered to be within boundaries. The issue with noise they are talking about seems to be with trucks dropping their trailers. He thought if the noise persisted for more than six minutes, the resident should call the sheriff to have the offender cited. Regular Andover Planning and Zoning Commission Meeting Minutes — July 9, 2013 Page 8 Commissioner Peterson thought in the future with development next to commercial areas they should consider buffering for noise. Commissioner Cleven reviewed what some other cities have done regarding noise and decibel levels at the property line. Mr. Carlberg indicated they do take a decibel reading at the property line of the receiving property. Commissioner Koehler asked if staff knew the details of the Anoka County Sheriff's report on the decibel levels. Mr. Carlberg stated a deputy of the Sheriff's Office came out on two different nights and took readings for at least an hour in order to get accurate readings. Motion by Koehler, seconded by Cleven, to recommend to the City Council approval of the Zoning Text Amendment including the change in time to 10:00 p.m. to be consistent with Title 5 and Title 12. Motion carried on a 5 -ayes, 0 -nays, 2- absent (Gudmundson, Holthus) vote. Mr. Carlberg indicated that if Ms. Hanson experiences additional noise issues that may be in violation outside the sound testing hours that was done to let him know and staff can ask the Sheriff's Department to take additional readings. He stated that he will also work with the store manager to see if some additional buffering /landscaping can be done to alleviate the noise issues. Commissioner Koehler stated making the change to the City Code is for the good of the City, not for just the good of one resident but the City can look at additional ways to correct the issue. Mr. Carlberg stated that this item would be before the Council at the July 16, 2013 City Council meeting. APPROVAL OF MINUTES. May 14, 2013, Regular Meeting Commissioner Nemeth requested some wordsmith changes to the minutes. Second page, eight paragraph down "Commission Peterson stated the applieatrt's ap licants' letter ". Page four, sixth paragraph down "City Planner Hanson stated the property owner and applicant as is proposing ". Page eight, where the motion failed on a 3 ayes and 0 nays should actually be 4 nays. Motion by Nemeth, seconded by Koehler, to approve the minutes as amended. Motion carried on a 5 -ayes, 0 -nays, 0- present, 2- absent (Gudmundson, Holthus) vote. May 14, 2013, Workshop Meeting Regular Andover Planning and Zoning Commission Meeting Minutes —July 9, 2013 Page 9 Commissioner Nemeth suggested some wordsmith changes to the minutes. In the third paragraph down under "Retail Sales and Services" the word "he" should be changed to "she." In addition at the end of the "Over Stores and Shops" there should be a period, not a comma because his statement was in addition to and not the same sentence. Page three, third row, the sentence "Chairperson Daninger stated his understanding on this item was to change to the definition." Also, in the same paragraph, "The center district having them as interim uses." Motion by Nemeth, seconded by Koehler, to approve the minutes as amended. Motion carried on a 5 -ayes, 0 -nays, 0- present, 2- absent (Gudmundson, Holthus) vote. June 11, 2013 Workshop Meeting Motion by Nemeth, seconded by Koehler, to approve the minutes as presented. Motion carried on a 4 -ayes, 0 -nays, 1- present ( Daninger), 2- absent (Gudmundson, Holthus) vote. OTHER BUSINESS. City Planner Hanson updated the Planning Commission on related items. Chairperson Daninger noted this Friday and Saturday is the Andover Fun Fest. "U P2ra7J�0T/_mLT" Motion by Peterson, seconded by Koehler, to adjourn the meeting at 9:09 p.m. Motion carried on a 5 -ayes, 0 -nays, 2- absent (Gudmundson, Holthus) vote. Respectfully Submitted, Sue Osbeck, Recording Secretary Timesaver Off Site Secretarial, Inc. 9 C T Y k-ND0VhE# „r p 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 . (763) 755 -5100 FAX (763) 755 -8923 . WWW.ANDOVERMN.GOV TO: Planning and Zoning Commissioners FROM: Andrew Liska, Associate Planner Ao' SUBJECT: PUBLIC HEARING: Conditional Use Permit amendment (03 -15) to extend the approval of subordinate classroom structures for Andover Christian Church — 16045 Nightingale St NW - Planning DATE: 13 August 2013 INTRODUCTION The applicant, Andover Christian Church, is requesting an amendment to the Conditional Use Permit to extend the timeframe for the removal of the subordinate classroom structures on their property by five years. Previously approved Conditional Use Permit amendments for this property have been for temporary structures. Code has since been updated to be more specific in regards to the temporary structure at hand. The new classification for the structure located on this property is "subordinate classroom structure ". Aside from the name change in Code 12 -12, this Conditional Use Permit amendment remains the same. BACKGROUND A Conditional Use Permit for the temporary classrooms was originally requested by Family of Christ Lutheran Church in 1998 and a four -year extension was granted to the church in 1999. A five -year extension was granted in 2003 and again in 2008. The current Conditional Use Permit is set to expire on August 31, 2013. DISCUSSION As per section 12 -6 -6 of the City Code, temporary structures in any district require a Conditional Use Permit. This process allows for the review of the proposed location of the temporary structures in order to minimize potential impacts on adjoining properties. For specifics, please see Code 12 -6 -6, which has been included as an attachment. City Code 12 -14 -6 C states that an amended application shall be handled in a similar manner as that of a new Conditional Use Permit. City Code 12 -14 -6 B. provides the following criteria for granting conditional use permits: 1. In granting a Conditional Use Permit, the City Council shall consider the advice and recommendation of the Planning and Zoning Commission and: a. The effect of the proposed use upon the health, safety, morals and general welfare of occupants of surrounding lands. b. Existing and anticipated traffic conditions, including parking facilities on adjacent streets and land. c. The effect on values of property and scenic views in the surrounding area, and the effect of the proposed use on the Comprehensive Plan. 2. If it shall determine by resolution that the proposed use will not be detrimental to the health, safety, morals, or general welfare of the community, nor will cause serious traffic congestion or hazards, nor will seriously depreciate surrounding property values, and that said use is in harmony with the general purpose and intent of this title and the Comprehensive Plan, the City Council may grant such permits. ACTION REQUESTED The Planning Commission is asked to hold a public hearing and provide a recommendation to the City Council regarding the Conditional Use Permit amendment request. Respectfully submitted, 4t6: 0 Andrew Liska Attachments Resolution Location Map Letter from Applicant Site Photos Code Section 12 -6 -6 Temporary Structures Resolution R 063 -08 Resolution R233 -03 Resolution R242 -99 Resolution R211 -98 Cc: Andover Christian Church, Attn: Jim Conner 16045 Nightingale Street NW, Andover, MN 55304 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R A RESOLUTION AMENDING CONDITIONAL USE PERMIT 03 -15 EXTENDING THE TIME FOR THE REMOVAL OF A SUBORDINATE CLASSROOM STRUCTURE ON PROPERTY LOCATED 16045 NIGHTINGALE STREET NW (PIN 15- 32 -24 -42 -0006) LEGALLY DESCRIBED AS: That part of the northwest quarter of the southeast quarter of Section 15, Township 32, Range 24 lying southerly of the southerly right -of -way line of County State Aid Highway number 20 and lying northwesterly of the following described line: beginning at a point on the west line of said quarter quarter 663 feet south of the northwest corner thereof, then east parallel with the north line thereof 402 feet, then northeasterly to a point on said southerly right -of -way line 300 feet westerly of the east line of said quarter quarter and & there terminating, except roadway, subject to easements of record. WHEREAS, Andover Christian Church has requested an amended Conditional Use Permit for a five year extension on the removal of the subordinate classroom structure, and; WHEREAS, the Planning and Zoning Commission held a public hearing and has reviewed the request and recommends approval of the amended Conditional Use Permit; and WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect upon the health, safety, and general welfare of the City of Andover; and WHEREAS, the Planning and Zoning Commission recommends to the City Council the approval of the amended Conditional Use Permit; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover does hereby approve the amended Conditional Use Permit on the above legally described property for the time extension for five (5) years for the removal of the subordinate classroom structure on said property with the following conditions: 1. The Conditional Use Permit shall expire on August 31, 2018 at which time the temporary structure shall be removed. 2. The Conditional Use Permit shall be subject to section 12- 14 -6 -D of City Code Adopted by the City Council of the City of Andover on this _ day of 2013 CITY OF ANDOVER ATTEST: Michelle Hartner, Deputy City Clerk Michael R. Gamache, Mayor k C I T Y 0 F -NDOVEA Conditional Use Permit Amendment Subordinate Classroom Structure Andover Christian Church 16045 — Nightingale Street NW 16221 16171 205 16164, 2027 1863 Z4Z7 16117 2313 2271 2227 22107 =2M 2093 j 161STWE -1605!J, -2012 16060 16081 16044 ui 2M 16068 i '1604L 2062 2036 L6032 - "J i ), 6020 16052 16021'i; I Z: r 3-415 16022 1�� 16019 L60Q9 1600m' L1011 2031 6042 16000 16001 16001-- jU, 2DA 5964 15965 15951 10, 15955 15928' 2 J59"TH'T 15"3 15054 e I I 2 -- r--- i 15087 2051 A5 ✓t594S 2211 L944 15945 2151 L936 15934 2D32 15929 L924 15935 15914 15021 15921, 2158 2129 73M mm r W78 i L59 L4 1916 15911 L5884 1" 15887 1 15888 1 2959 1935 1911 1837 L5860 15163 1516D T5' T-" 15827 2146 login r832 � 2273 2239 2ID23 52215 2043 15020 258TH A rH AYE 158i J5908 2334 W38 L3796 4. 2316 '2D18 12290 12238 2161 1 2212� 1577D 2057 16760 a 15740 < 1 2176 :21242020 L5716 2032 D50 L9 161STAVE 1657 Is 15827 ftodundc� $Rq1 Dark ■ Project Area LOCATION MAP 1623L 16157 16ISrAVE L j, 10, L603d 1�022 L6025 r Ll p 15982 --d 1967 2 15972 1977' � 0 1560 I ANDOVER CHRISTIAN CHURCH Planning Commission City of Andover 1685 Crosstown Blvd. NW Andover, MN 55304 Wednesday, August 07, 2013 To the City Planning Commission: This letter accompanies our application for a five year extension of our Conditional User Permit for the temporary structure on our site. This structure serves as our Youth Center and is a key part of our ministry to this critical segment of the city's population. We are seeking this extension so that our work with youth can continue and expand rather than be curtailed. As you will see from the pictures we have submitted, the structure is integrated into our site and the larger church facility in an aesthetically Dr. Jim Conner pleasing manner. We make the maintenance of the facility a priority Senior Pastor and have recently re -sided the visible side of th structure. We have also recently added a paved basketball court and a sand volleyball court in front of the Youth Center. We want to assure the Planning Commission that we see this facility as a temporary solution for our programming needs. However, the recent downturn in the economy has affected our congregation as it has the City, and our future plans have been delayed. Replacing this temporary facility with a larger, permanent building remains our long -term goal. Thank you for your consideration of our application for an extension of our Conditional Use Permit. We hope that you can agree with the appropriateness of this request and grant us the extension. cerely, r Jim Conner S nior Pastor 1604> N:gh[ImL !, ScPf:V Andover, NIN 55304 Office: 763.755.2537 'as. 763.'i..3372 www.andoverchurch.com 11 . II n I m M-J 4 f �� r ,_,� . ,��-,� -�,;� c� _,` ., -� P�% w< Sif •µ' ' h f �' �' r'i.. d y� F �: T• y 4 �'!( •� i �� ;. b r �' � r _'� _� � a i u� � ` .a� i. '� r � , d y� F �: T• y 4 �'!( •� i �� ;. be from the front lot line is sixty feet (60') subject to City Code 12 -6 -5. (Amended Ord. 314,10-4-2005) 2. All detached garages or accessory buildings constructed nearer the front lot line than the principal structure shall be similar in design and exterior finish material so as to be compatible with the principal structures. (Ord. 8NNNNNN, 7 -16 -2002) G. Animals: Any building in which farm animals, pleasure /recreational animals or poultry are kept shall be a distance of one hundred feet (100') or more from any other occupied residence, and any open or roofed enclosure in which such animals are kept shall be a distance of fifty feet (50') or more from any occupied residential lot. The City Council may order the owner of any such animals to apply for a Conditional Use Permit if it is deemed to be in the interest of the public health, safety, or general welfare. (Amended Ord. 8, 10 -21 -1970; amd. 2003 Code; Amd Ord. 314 10 -4 -2005; Amd. 4/18/06, Ord. 325A) 12 -6 -6: TEMPORARY STRUCTURES: Temporary structures shall be required to obtain a Conditional Use Permit, as otherwise provided by this title. The Conditional Use Permit for a temporary structure shall be reviewed subject to the following regulations: A. Temporary structures governed by this chapter shall be allowed by Conditional Use Permit in all zoning districts. B. There shall be a time limit established for temporary structures to remain on a site as a part of the Conditional Use Permit review during the construction process. Temporary structures allowed by administrative approval, other than construction trailers, shall be limited to six (6) months in duration. The City Council may extend the six (6) month time limit, if special circumstances exist. C. Prior to issuance of a building permit, a site plan review must also be approved. D. Security measures such as lighting and including connections to the main building shall be reviewed as a part of the Conditional Use Permit. E. Parking shall be subject to the provisions of Section 12 -14 -10 of this title. F. Signage shall be subject to the provisions of Section 12 -14 -9 of this title. G. The Conditional Use Permit will address the date the temporary structure shall be removed from the property. The applicant will provide a written long -term plan for its removal. H. Temporary structures shall follow the required building setbacks. The temporary structure is to be located to the side or rear of the site and will be reviewed as a part of the Conditional Use Permit. All applicable requirements of the International Residential Code, International Building Code, International Fire Code, and State Building Code shall be met. J. Provisions for water and sewer servicing a temporary structure shall be subject to the review and approval of the building official. K. Construction trailers shall be allowed administratively through the commercial site plan review process through the construction process, No trailers shall be allowed to be used as temporary sales offices. L. Tents for promotional sales events shall be allowed up to ten (10) calendar days per year. A permit must be approved for tents by the city Fire Department to assure they will conform to the International Fire Code. Fees for tents shall be set as stated in Subsection 1 -7 -3A of this code. No Conditional Use Permit is needed for this type of temporary structure. M. Upon sale or transfer of ownership of the property, the Conditional Use Permit shall be brought up for renewal or the temporary structure shall be removed. (Ord. 294, 7 -6 -2004) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 063-08 A RESOLUTION AMENDING CONDITIONAL USE PERMIT 03 -15 EXTENDING THE TIME FOR THE REMOVAL OF A TEMPORARY STRUCTURE ON PROPERTY LOCATED AT 16045 NIGHTINGALE STREET NW, (PIN 15- 32 -24 -42 -0006) LEGALLY DESCRIBED AS: That part of the northwest quarter of the southeast quarter of Section 15, Township 32, Range 24 lying southerly of the southerly right -of -way line of County State Aid Highway number 20 and lying northwesterly of the following described line: beginning at a point on the west line of said quarter quarter 663 feet south of the northwest corner thereof, then east parallel with the north line thereof 402 feet, then northeasterly to a point on said southerly right -of -way line 300 feet westerly of the east line of said quarter quarter and & there terminating, except roadway, subject to easements of record. WHEREAS, Andover Christian Church has requested a Amended Conditional Use Permit for a five year time extension on the removal of the temporary classrooms, and; WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of City Code, and; WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect upon the health, safety, and general welfare of the City of Andover, and; WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the Amended Conditional Use Permit request; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the Amended Conditional Use Permit for the time extension for five years for the removal of the temporary structures on said property with the following conditions: 1. The conditional use permit shall expire on August 31, 2013 at which time the temporary structure shall be removed. 2. The Conditional Use Permit shall be subject to a sunset clause as per section 12- 14 -6 -D of the Andover City Code. Adopted by the City Council of the City of Andover on this 19"' day of August 2008. CITY OF ANDOVER ATTEST: NVchael R. Gam-ache, Mayor !bt'c� %L'l if,4 iehelle Hartner, Deputy City Clerk CITY OF ANDOVER COUNTY of ANOKA STATE OF MINNESOTA RES. NO. R233 -03 A RESOLUTION AMENDING CONDITIONAL USE PERMITS 92 -16 AND 99 -26 TO ALLOW A PRESCHOOL AND EXTENSION OF TIME FOR THE REMOVAL OF TEMPORARY CLASSROOMS AT 16045 NIGHTINGALE STREET NW (P.I.D. 15 -32 -24-42 -0006) LEGALLY DESCRIBED AS; That part of the Northwest quarter of the Southeast quarter of Section 15, Township 32, Range 24 lying Southerly of the Southerly right -of -way line of CSAH No. 20 and lying Northwesterly of the following described line: Beginning at a point on the West line of said Northwest quarter of the Southeast quarter thence 663 feet south of the Northwest. comer thereof, thence East parallel with the north line thereof 402 feet, thence Northeasterly to a point on said southerly right -of -way line of CSAH No. 20, Anoka County, Minnesota WHEREAS, The Family of Christ has requested an amendment to Conditional Use Permit 92 -16 to allow a preschool, and; WHEREAS, The Family of Christ has requested an amendment to Conditional Use Permit 99 -26 to allow a time extension of five years for removal of the temporary classrooms, and; WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of the City Code, and; WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect upon the health, safety, and general welfare of the City of Andover, and; WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the Conditional Use Permit Amendment request, and; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the Conditional Use Permit to allow a preschool and a time extension of five years for the removal of the temporary classrooms, subject to the following conditions; 1. The preschool shall substantially conform with the description provided in the letter from the Family of Christ Church dated November 17, 2003 and stamped received by the City of Andover November 18, 2003. 2. The applicant shall obtain all necessary licenses and approvals from the State of Minnesota. 3. The preschool shall conform to all applicable building and fire codes. 4. The temporary classrooms shall be removed by November of 2008 or at the time the Family of Christ sells the church, whichever comes first. In the event that the subject property is sold to another church, the temporary structure shall be allowed to remain no longer than November of 2008. 5. The Conditional Use Permit shall be subject to a sunset clause as defined in City Code 12- 15 -71). Adopted by the City Council of the City of Andover on this 16'` day of December, 2003. CITY OF ANDOVER ATTEST: ichael R Gamache, Mayor Victoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANIOKA STATE OF MINNESOTA RES. NO. R242 -99 A RESOLUTION APPROVING AIN AMENDED SPECIAL USE PERMIT TIME FRAME EXTENSION REQUEST BY FAMILY OF CHRIST CHURCH TO ALLOW FOR THE PLACEMENT OF ONE TEMPORARY CLASSROOM TRAILER FOR A TOTAL OF FIVE (5) YEARS ONTO THE PROPERTY LOCATED AT 16045 NIGHTINGALE STREET NW (15- 32- 24 -42- 0006). WHEREAS, Family of Christ Church has requested an Amended Special Use Permit time extension to allow for the placement of one temporary classroom trailer for a total of five (5) years onto the property located at 16045 Nightingale Street NW (PIN 15- 32-24-42- 0006) legally described as follows: The part of the Northwest Quarter of the Southeast Quarter of Section 15, Township 32, Range 24, Anoka County, Minnesota lying southerly of the southerly right -of -way line of CSAH No. 20 and Iving northwesterly of the following described line: Beginning at a point on the west line of said quarter quarter 663 feet south of the northwest comer thereof; thence east and parallel with the north line thereof 402 feet; thence northeasterly to a point on said southerly right -of -way line 300 feet westerly of east line of said quarter quarter and thence terminating; except road, subject to easements of record. WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No. 8. Section 5.03 & 7.03; and WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect upon the health, safety, morals, and general welfare of the City of Andover; and WHEREAS, a public hearing was held pursuant to state statute; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the Amended Special Use Permit Time Extension as requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the Amended Special Use Permit Time Extension on said property with the following conditions: Page two SUP 99 -26 Family of Christ Church November 16, 1999 1) That the Special Use Permit be subject to a sunset clause as stipulated in Ordinance No. 8, Section 5.03 (d). 2) The temporary classroom trailer shall be removed by the end of November in the year 2003- Adopted by the City Council of the City of Andover on this 16th day of November, 1999.' ATTEST: Victoria Volk, City Clerk CITY OF ANDOVER n .E. McKelvey, May CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. N0. R211 -98 A RESOLUTION APPROVING AN AMENDED SPECIAL USE PERMIT FOR THE ERECTION OF TEMPORARY CLASSROOMS PURSUANT TO ORDINANCE NO. 8, SECTION 7.03 FOR FAIMMY OF CHRIST CHURCH LOCATED AT 16045 NIGHTINGALE STREET NW (PIN 15- 32- 24 -42- 0006). WHEREAS, Family of Christ Church has requested an Amended Special Use Permit for the erection of two temporary classroom trailers pursuant to Ordinance No. 8, Section 7.03 on property located at 16045 Nightingale Street NW (PIN 15- 32- 24 -42- 0006), legally described as follows: That part of the Northwest Quarter of the Southeast Quarter of Section 15, Township 32, Range 24, Anoka County, Minnesota lying southerly of the southerly right -of -way line of CSAH No. 20 and lying northwesterly of the following described line: Beginning at a point on the west line of said quarter quarter 663 feet south of the northwest corner thereof; thence east and parallel with the north line thereof 402 feet; thence northeasterly to a point on said southerly right -of -way line 300 feet westerly of east line of said quarter quarter and thence terminating; except road, subject to easements of record. WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No. 8, Section 4.26; and WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect upon the health, safety, morals, and general welfare of the City of Andover; and WHEREAS, a public hearing was held and there was no opposition to the request; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the Amended Special Use Permit as requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the Amended Special Use Permit on said property with the following conditions: That the applicant obtain all necessary building permits Paee Two ASUP - Temp. Classrooms Family of Christ Church November 4, 1998 2) That the temporary classrooms remain on the site no longer than two years from the adoption of this resolution. 3) That the Amended Special Use Permit be subject to a sunset clause as stipulated in Ordinance No. 8, Section 5.03 (d). 4) That the trailers be inspected by the Fire Chief to ensure compliance of all fire codes. Adopted by the City Council of the City of Andover on this 4th day of November, 1998, CITY OF ANDOVER ATTEST: Victoria Volk, City Clerk AE. McKelvey, Mayor 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV TO: Planning and Zoning Commissioners FROM: Andrew Liska, Associate Planner W�� SUBJECT: PUBLIC HEARING: Conditional Use Permit (13 -09) — Single Station Beauty Salon — 1640 155th Lane NW — Arbor Oaks Senior Living, LLC - Planning DATE: 13 August 2013 INTRODUCTION The applicant, Arbor Oaks Senior Living, LLC, is seeking approval of a Conditional Use Permit allowing a single station beauty salon in the existing structure to serve both tenants and the general public. BACKGROUND Arbor Oaks is zoned M -2 (Multiple Dwelling). City Code 12 -12 (Uses Table) shows that in this zoning district a barbershop beauty salon is a conditional use. While Code 12 -9 -8 specifically addresses in -home beauty salons and provides criteria that must be met, no such criteria exists for situations like Arbor Oaks, where a salon is present but is clearly different than an in -home operation. Code 12 -9 -8 will provide a general framework while considering the Conditional Use Permit however; some criteria will not be applicable. 12 -9 -8 IN HOME BEA UTY SALONS AND BARBERSHOPS In home beauty salons /barbershops shall be subject to the following: A. Compliance with Title 3, Chapter 6 of the City Code. B. Drawings Submitted: Drawings detailing the salon /shop shall be submitted at the time of the request for the Conditional Use Permit. C. Compliance with State Requirements: The salon /shop must comply with the State Cosmetology Board and the State Barbers Board requirements. D. Number of Chairs: One chair salon /barber only. E. Hours of Operation: The hours of operation shall be approved by the City Council. F. Parking: Parking requirements shall be asset out in section 12 -13 -10 of this title. G. Non - sewered Areas: In non - sewered areas, the septic system shall be in compliance with Title 10, Chapter 4 of this code. A beauty shop /barber shop shall be considered the equivalent to one bedroom in terms of usage under Title 10, Chapter 4 of this code. H. Occupancy By Owner: The beauty shop/barber shop shall be owner occupied. L Termination of Use Upon Sale of Property: Upon sale of the premises for which the Conditional Use Permit is granted, such permit shall terminate. City Code 12 -14 -6 B. provides the following criteria for granting conditional use permits: 1. In granting a Conditional Use Permit, the City Council shall consider the advice and recommendation of the Planning and Zoning Commission and: a. The effect of the proposed use upon the health, safety, morals and general welfare of occupants of surrounding lands. b. Existing and anticipated traffic conditions, including parking facilities on adjacent streets and land. c. The effect on values ofproperty and scenic views in the surrounding area, and the effect of the proposed use on the Comprehensive Plan. 2. If it shall determine by resolution that the proposed use will not be detrimental to the health, safety, morals, or general welfare of the community, nor will cause serious traffic congestion or hazards, nor will seriously depreciate surrounding property values, and that said use is in harmony with the general purpose and intent of this title and the Comprehensive Plan, the City Council may grant such permits. APPLICATION Salon Specifies The three hundred and sixty (360) square foot room will have one chair and associated salon shelving and cabinets. For additional details and layout, please refer to the "Salon Layout' diagram attached. Days and Hours The applicant is seeking to operate the beauty salon Monday — Saturday from 9:00 AM to 6:00 PM. At this time, they anticipate working a two or three days a week, however; that may increase if they experience higher than expected demand. Parking The applicant indicated that the salon is typically operated "by appointment only" and there is only one salon station thus only one patron can be served at one time. The existing parking lot at Arbor Oaks is capable of serving the minimal impact associated with this use. Signage The applicant noted that there will not be any exterior signage or exterior advertisement on Arbor Oaks property relating to the salon operation. Additional Criteria Compliance with Title 3, Chapter 6 is not applicable as this regulates therapeutic massage and the applicant is only seeking a conditional use pen-nit for a beauty salon. Compliance with Title 10, Chapter 4 is also not applicable as this is for parcels that are not serviced by municipal sewer and water. This property is serviced by both. The requirement that the salon is owner occupied is not applicable as this application is from Arbor Oaks Senior Living, LLC rather than a homeowner. ACTION REQUESTED The Planning Commission is asked to hold a public hearing and provide a recommendation to the City Council regarding the conditional use permit request. Attachments Resolution Location Map Salon Layout Letter from the Applicant Cc: Arbor Oaks Senior Living, LLC, C/O Roger Fink, 3601 — 181h Street, St. Cloud, MN 56301 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R A RESOLUTION APPROVING THE CONDITION USE PERMIT REQUESTED BY ARBOR OAKS SENIOR LIVING, LLC TO OPERATE A BEAUTY SALON AT 1640 —155TH LANE NW, LEGALLY DESCRIBED AS: LOT 1, BLOCK 1 ARBOR OAKS, EX RD SUBJ TO EASE OF REC WHEREAS, Arbor Oaks Senior Living, LLC, has requested a Conditional Use Permit for a beauty salon, and; WHEREAS, the Planning and Zoning Commission held a public hearing and received no objections to said request, and; WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of City Code and would not have a detrimental effect upon the health, safety, general welfare, values of property and scenic views in the surrounding area, and; WHEREAS, the Planning and Zoning Commission recommends to the City Council the approval of the Conditional Use Permit request, and; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover does hereby approve the Conditional Use Permit on the above legally described property for a beauty salon with the following conditions: 1. The salon must comply with the State Cosmetology Board requirements. 2. The salon has a maximum of one chair. 3. Hours of Operation are from 9:00 AM to 6:00 PM, Monday through Saturday. 4. Parking requirements shall be served by the existing parking lot. 5. Upon sale of the premises for which the Conditional Use Permit is granted, such permit shall terminate. Adopted by the City Council of the City of Andover on this _ day of 2013. CITY OF ANDOVER ATTEST: Michelle Hartner, Deputy City Clerk Michael R. Gamache, Mayor Conditional Use Permit Beauty Salon Arbor Oaks Senior Living Community 1640 —155 th Lane NW TH 4,V AVE Q -'L�76 ssese L5856 15949 �:. , L54. !�,; L59412 KZAL�PAR 2023 L5476,�' �54 15451 15"2 15831D LSezO 154-iTIAVE 15,210 UiZZA 15400 i5i]� 426 15421 153S9 w 15796 o4 5376 15373 I L5365 IiD 104 15355 2018 101. L534L 15784 ,.�'- 15716 X15787 ;- X15785 15770 11771 i377i �'15773 15760 L933 !9 15416 tA 11 1950 Woodland Cmsirgs Park 1570 1556 1528 I'll —A 1568 158TH 1540 1560 15632 ■ Project Area LOCATION MAP LSIM LM6 1261 1 AVE Q -'L�76 5 TIH 15488 L54961 "PI178 11 !{—�'IG41 7361708�� 1 G" C) 1 15483 �:. , L54. !�,; 1926 KZAL�PAR 1902 15467 L5476,�' �54 15451 i5466 15491, 15440 V) -2Av-L5435 15,210 15445 15400 426 15421 153S9 5400 15378 15377 L5440 5376 15373 I L5365 IiD 104 15355 'LOGL-DARK A 101. L534L 9 154 TH JMj 215339, 4 -15333 ... �-]33 53 � 1533i 215325 1070 15327 1-1530 ws 15632 ■ Project Area LOCATION MAP LSIM LM6 1261 1 I i DINING ROOM OPENING cu.. arr - , -v �1DINING ROOM OPENING (LL_M G AREA OPENING 3�H - -a� .m,. n, re ..awa• awn aor,. r pore , - w aIN .,..a aawewa..rwu 3 AS &STCD IJVING: rm wr. rmu -E77-, �1DINING ROOM OPENING (LL_M G AREA OPENING 3�H - -a� .m,. n, re ..awa• awn aor,. r pore , - w aIN .,..a aawewa..rwu 3 AS &STCD IJVING: rm wr. rmu R IL It M- 23. X x 44 H. 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SEE DDET. 3l/A14 5 1/1' SOUND INSULATION WALL TYPE 15-T.C. - so SCALE: 3 / +• -r -O• RATING - 2 HOUR ILOAD B- EARINC J.L. DESIGN NO. U301 G.A. DESIGN NO. WP 4230 2.4 STUD • U• O.C. S /B• GYPSUM BOARD EACH SIDE j 4 3/4' WALL TYPE �s.T.c. - 3; SCALE: 3/4' -T-O' RATING - NONE ILOAA SEARING) U1. DESIGN NO. 20 STUD • IL' O.C. /0' GYPSUM BOARD EACH SIDE 3 1/2' SOUND INSULATION i44 3/4' ,2 WALL TYPE B.T.C. - 40 SCALE 3 /4' -r -O' RATING - NONE (LOAD BEARING) 2x STUD • IS' O.C. $/W' GYPSUM BOARD EACH 510E 3 1/2' SOUND INSULATION I {L 3/4• WALL TYPE 5.T,c. - 40 SCALE: 311' -r -0' RATING - NONE LLOAD BEAI U.L. DESIGN NO, 2d STUD • N' O.C. /0' GYPSUM BOARD. SEE DET. 2L/A24 I MIL VAPOR BARRIER R -19 BATT INSULATION -- L 3/4' WALL TYPE 5.T.C, - 42 ECAL - -: 3/4'•1' -O' RATING - 1 HOUR (LOAD BE. J.L. DE5(GH NO. 0304 G.A. DE51GN NO WP S 21 i I o• SL r V-O �. In ml-L. CANOPY p 1� ORIve UN FT ° _-__ 0 R` "_`� O��_ � O� �• �• �� I'i� o,d�ai Qj`t m e L WIN I�'� •��h -r pr ©��I e Q l-10' i1 p PATIO ° I GENERAL NOTES: �"•.� A) VW WATIONALfitIgHRFn11INTERIOR EAST FIRST FLOOR 3• DESIGNER L Ill EWIPP)1ER PLAN (AREA B ") ' 13) ALL BATHROOMS TO HAVE TILE ROM COVE BASE SCALE: 1 /9" - 1' -0" AND TILE IA/TSCOT 11' AFL OR ffT HALLS C ) PROVIDE PRE EXTWGI KRS AS READ, VERIFY 1! TIRE MARSHALL D) PROVIDE SMOKE DETECTORS AS REQ'D, YEW f/ FIRE MARSHALL E) PROVIDE TEMPERED /SAFETT GLASS r ALL 4X0085 WHN 21' i"o°"o106 ce'IwHc DF DOOR SANG AS REQWRED. AauneLT .reel PLOD THS AREA F ) ALL DOOR HAROBARE TO BE LEVER TYPE G) VERIFY ALL SPECIALTY EOIP. B/ DINER H) PROVIDE EMERGFRCT LGITMG AS REO'D, VERIFY 1/ PRE MARSHAL 1) PROVIDE FRP. TALL PAN8.51 PJTCNEW AREA, DRY STORAGE AREq YAP SINKS, AND BEVERAGE STATION AREA AS REQD. J) FINISHED ROCKED OPENING FOR MAILPOx 10 BE H KEY 6 -' t 2•-S' L F-S' DEEP. MWTA4 IDCP RESLH RANGES. SEE PUN NOTE NIL PROVme xlrA Is Pm VIDE xFPA nR K) ELEVATOR RWWI OPEM TO BE F -1 VT x T -2 1/2' TAD SUR aTaTEn an AFUVR •YSTeN TAD am6 FOR THS M09 MR INTRR a1ROWL ENTIRE auLLpeG Ll HVAC CONTRACTOR TO PROVIDE CLEAR LCCKMG 7FffR110STAT COVER AT ALL PN'BLD AREAS AND TTEMORT CARE UNITS. M) ALL CI.OlWS IASMRS TO BE INSTALLED TO THE LEFT OF THE CLOTHES DRYER fin \ �\ e U X ,xL 1 ilBA nR 2 • . 8 fy ] K H 4l�IF n '•Yj I � 30 F1 lt, 2 9!(F 6 ] M 13 is ° D ° s M n 5 -2 GARAGE NFPA 13R � srsren 4-qP 3 DP9 L, 1 aeo UNIT '9.1• 55 � P +F, / _ 9A a% b1 2 I pr i b 9 T RI *OU N Development, LLC� 3601 13th Street South • Suite # 103 • St. Cloud, ?MN 56301 Phone 320 - 258.4438 • Fax: 320.252 3603 July 25, 2013 Mr. David Carlberg Community Development Director City of Andover 1685 Crosstown Boulevard NW Andover, MN 55304 RECEIVED JUL 2 9 2013 CITY OF ANDOVER VIA E -Mail and U.S. Mail Re: Arbor Oaks Senior Living Community Application for Conditional Use Permit Dear Mr. Carlberg: Enclosed please find our completed application for a Conditional Use Permit. Also enclosed is the Application Fee of S' )80.00 plus the additional S 100.00 for a recording fee. Arbor Oaks Senior Living is an assisted living community, and like most assisted living properties, we offer a wide variety of services and amenities to our residents. One of the most popular of these amenities is the in -house hair salonlbeauty parlor. Our hair salon is operated by a local, licensed cosmetologist under a lease agreement. Under this agreement, the operator is allowed to provide services to clients who may not necessarily be residents of Arbor Oaks. In addition to the Arbor Oaks residents, the other clients may include friends, family and guests of residents and potentially, the general public. The operator does not have permission to place any exterior signage or exterior advertisement on the Arbor Oaks property relating to the salon operation. The in -house hair salon is typically operated "by appointment only" and is generally available during regular business hours including Saturdays. The current set -up is a single - station/single operator floor plan limiting the number of clients that can seen at a given time. (see enclosed floor plan). Under this scenario we do not anticipate any additional traffic impact by serving clients from the general public. We do not anticipate any change in the current floor plan of the hair salon. We respectfully request approval of a Conditional Use Permit to allow our current hair salon operator to provide services to the general public (non- residents of Arbor Oaks Senior Living). If possible, please place this application for CUP on the Planning Commission agenda for the regular meeting on Tuesday, August 13, 2013. If there are any questions, or a need for any additional submittal information, please let me know. Regards, Trident Development, LLC r Roger D Fink Sr. Vice President Enclosures C: Jeanne Jaeckels, Tealwood Management, LLC — via e -mail �tNDOVEA - - . �. 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: Stephanie Hanson, City Planner �4-- SUBJECT: PUBLIC HEARING: Variance to reduce the side yard setback from ten (10) feet to eight (8) feet for the existing home and to allow the construction of an addition to the home at 15511 Juniper Street NW as requested by Benjamin Rono DATE: August 13, 2013 INTRODUCTION The applicant is requesting a variance to reduce the side yard setback from ten (10) feet to eight (8) feet for the existing home and to allow the construction of an addition to the home with an eight (8) foot setback as requested by Benjamin Rono. DISCUSSION The existing home was constructed in 1989. When the home was put on the market to sell, it was brought to the attention of the homeowner that the northern side of the home was constructed two (2) feet over the property line. The owner of the lot to the north requested a lot split and variance, then sold ten (10) feet to the property owner; making a side yard setback of approximately eight (8) feet. Planning and Zoning Commission meeting minutes and the approved resolution are attached for your review. The current property owner purchased the home in 1998. Mr. Rono would like to construct a 14 foot x 24 foot addition to the front of the home. He is requesting a two (2) foot variance for the northern side of the addition; the addition would be set back eight (8) feet from the side property line. The requested setback would match the rest of the existing home. A site plan has been attached for your review. Review Criteria City Code 12 -14 -7 outlines criteria when considering a variance. Code states "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: 1. The property owner proposed to use the property in a reasonable manner not permitted by an official control; 2. The plight of the property owner is due to circumstances unique to the property not created by the landowner; 3. The variance, if granted, will not alter the essential character of the locality; 4. Economic considerations alone do not constitute practical difficulties." Staff Recommendation City staff is recommending approval of the variance request based on the criteria set forth in city code 12 -14 -7. ACTION REQUESTED The Planning Commission is asked to compare the variance request with the review criteria of City Code 12 -14 -7. Staff requests the Planning and Zoning Commission to recommend approval of the variance request based on the findings in the attached resolution. Attachments Resolution City Code 12 -14 -7 Location Map Applicant's Letter Site Drawing July 23, 1996 Planning and Zoning Commission Meeting Minutes Resolution R143 -96 Respe tfully bmitt , Stepham�n Cc: Benjamin Reno, 15511 Juniper Street NW, Andover CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION APPROVING A VARIANCE TO THE REQUIREMENTS IN ACCORDANCE WITH CITY CODE 12 -14 -7 FOR PROPERTY LOCATED AT 15511 JUNIPER STREET NW LEGALLY DESCRIBED AS FOLLOWS: Lot 4, Block 5 Nordeen Addition plus South 10 feet of Lot 3, Block 5, Nordeen Addition WHEREAS, the Planning Commission has held a public hearing and reviewed the request to vary from City Code 12 -3 -5 to allow a two (2) foot variance by allowing the construction of an addition to the home eight (8) feet from the northern property line and by acknowledging the existing home side yard setback of eight (8) feet, and; WHEREAS, the City Council has received the recommendation of the Planning and Zoning Commission, and; WHEREAS, the City Council finds the request is in harmony with the purposes and intent of the ordinance; WHEREAS, the City Council finds the request is consistent with the Comprehensive Plans housing goals, objectives and policies; WHEREAS, the City Council finds the property owner does intend to use the property in a reasonable manner not permitted by the ordinance. The property owner wants to add an addition onto the existing home at the same setback; however, the existing setback is noncompliant to city code; WHEREAS, the City Council finds there are circumstances unique to the property that were not created by the landowner. The home was constructed two (2) feet over the property line prior to the current owner purchasing it. The property owner to the north was approved for a lot split of ten (10) feet that was then added to the existing lot; resulting in an eight (8) foot setback from the property line. WHEREAS, the City Council finds the variance will maintain the essential character of the locality. There will be no changes to the property that will create visual differences that don't already exist. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover approves the proposed variance request to allow a two (2) foot variance by allowing the construction of an addition to the home eight (8) feet from the northern property line and by acknowledging the existing home side yard setback of eight (8) feet, based upon the findings in this resolution and with the following condition: 1. The variance shall be subject to a sunset clause as provided in 12 -14 -7 E.6. Adopted by the City Council of the City of Andover on this _th day of 2013. CITY OF ANDOVER ATTEST: Michelle Hartner, Deputy City Clerk Michael R. Gamache, Mayor 12 -14 -7: VARIANCES: A. The City Council, as authorized by Minn. Stat. 462.354 subdivision 2, and Minn. Stat. 462.357, subdivision 6, shall have the authority to hear requests for variances from the requirements of the zoning ordinance and other sections of the City Code where variances are authorized, including restrictions placed on nonconformities. (Amended Ord. 8, 10 -21 -1970, Ord. 314, 10 -4 -2005; Amended Ord. 407, 6- 21 -11) B. Review Criteria: 1. Variances shall only be permitted when they are in harmony with the general purposes and intent of the official control and when the variances are consistent with the comprehensive plan. (Amended Ord. 407, 6- 21 -11) 2. Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the official control. "Practical difficulties," as used in connection with the granting of a variance, means: a. The property owner proposes to use the property in a reasonable manner not permitted by an official control; b. The plight of the landowner is due to circumstances unique to the property not created by the landowner; c. The variance, if granted, will not alter the essential character of the locality; d. Economic considerations alone do not constitute practical difficulties. (Amended Ord. 407, 6- 21 -11) C. Conditions Authorized: The City Council may impose conditions in the granting of variances. A condition must be directly related to and must bear a rough proportionality to the impact created by the variance. (Amended Ord. 407, 6- 21 -11) D. Specific Variances Authorized: No variance may be granted that would allow any use that is not allowed in the zoning district in which the subject property is located, except as follows: (Amended Ord. 407, 6- 21 -11) 1. Variances shall be granted for earth sheltered construction as defined in Minn. Stat. 216C.06, subdivision 14, when in harmony with the official controls. (Amended Ord. 407, 6- 21 -11) 2. Variances may be granted for the temporary use of a one family dwelling as a two family dwelling. (Amended Ord. 407, 6- 21 -11) E. Procedure: The procedure for granting variances is as follows: 1. Request For Variance; Fee: A person desiring a variance shall fill out and submit to the Community Development Director a request for variance application form together with a fee as set forth by ordinance. A public hearing shall be held by the Planning Commission as provided in City Code 12 -14 -8. (Amended Ord. 342, 3 -6 -07; Amended Ord. 407, 6- 21 -11) 2. Planning and Zoning Commission Review: A public hearing shall be held by the Planning and Zoning Commission as provided in City Code 12 -14 -8. The Planning Commission shall make a recommendation to the City Council based upon the provisions of City Code 12 -14 -7. (Amended Ord. 407, 6- 21 -11) 3. City Council Action: The City Council may grant the variance based upon the provisions of City Code 12 -14 -7 request if it will be in keeping with the spirit and intent of this title and if it finds that strict enforcement of this title will cause undue hardships because of circumstances unique to the individual property under consideration. Economic considerations shall not constitute an undue hardship if reasonable use of the property exists under the terms of this title. (Amended Ord. 407, 6- 21 -11) 4. Appeals: The petitioner, if appealing an interpretation of this title by an employee of the city which would require him /her to obtain a variance, shall have the fee refunded if his /her appeal is upheld by the City Council. 5. Emergency Variance Requests: The City Council may waive Planning and Zoning Commission review and take immediate action on emergency variance requests that affect the immediate health, safety and welfare of the citizens of Andover or if time constraints present severe hardship to the applicant. The applicant is required to show the immediacy of the issue and the potential health, safety or welfare threat. The City Council shall determine if the request warrants immediate review. (Amended Ord. 407, 6- 21 -11) 6. Time Limit On Implementing Variance: If the City Council determines that no significant progress has been made in the first twelve (12) months after the approval of the variance, the variance will be null and void. (Amended Ord. 8, 10 -21 -1970) See subsection 1 -7 -3H of this code. C[ T Y OF NDOVEA Location Map 831 S24 1567! Op 752 �555� C000,00 R" 1503 15616 838 1307 15615 as 13553 15563 15581 C e W 15132 _756TMW c Isw a y lMlIXOMO7A7K ISM 15517 15505 W 1s451 154TH LH 722 654 15511 Juniper St NW 461 757TH AVE IS7IHAVE I577H AVE 637 M N Disclaimer: Maps and documents made available to the public by the City of Andover are not legally recorded maps or surveys and are not intended to be used as such. The maps and documents are created as part of the Geographic Information System (GIS) that compiles records, information, and data from various city, county, state and federal resources. 1M e Copyright © 2013 City of Andover, All Rights Reserved Printed 08/07/2013 s S24 1567! 1307 as 15132 _756TMW 1503 41 540 530 15014 1501 .. _.._ 'i 1507 13001 � i LSW) . ._. 156TH AVE ._ _... ,...� IS6M .. ..... )SS35 155E FF. „'. 15534 428 00tOKM'! _. _. .-. 461 650 15324 1553! 15323 15515 1 4 15514 ._ ._ . 15315 17314 S17 !3r .... .. YS _.... ISSW ISM LOW � 13301 155THAVE 155THAVE 155TH AVE C1D !ii 'Mt I SY 5)8 SID !14 !00 4Y 4" 434 15301 4a i N Disclaimer: Maps and documents made available to the public by the City of Andover are not legally recorded maps or surveys and are not intended to be used as such. The maps and documents are created as part of the Geographic Information System (GIS) that compiles records, information, and data from various city, county, state and federal resources. 1M e Copyright © 2013 City of Andover, All Rights Reserved Printed 08/07/2013 s Legal Description of Property lot 4 block 5 Nordeen addition plus south 10 feet of lot 3 block 5 Nordeen addition Description of Request I would like to get a variance to allow me to build an addition onto the front of my house. That would require me to need an 8 foot setback instead of the 10 foot normally needed, on the north side of the lot. The north side of the house is about 8.5 feet from the lot line instead of the required 10 feet. I would like to add on 14 feet on that side of the lot, which would allow me to keep the side of the house in the same plane. Specific hardship The hardship I have is due to the original construction of the house back in 1989. When the house was built, it was over the lot line almost 2 feet. Then when the house went to be sold for the first time this problem was found. The owner of the lot to the north would only sell 10 feet not the required 12 feet to keep the setback at 10 feet. This only gave my house a setback of 8 feet which now keeps me from adding on to that side of my house. Andover Planning and Zoning Commission meeting minutes July 26, 1996 page 2, stated that if it became a problem, the owner of the southern lot (lot 4) would have to go through the variance procedure at a later date. Field Power ole Garage Original Lot Line F- 3.7173 New Lot Line 3 8081 0.2]82 Lot 4 Co shed o O J J House Garage ' S82 0 —0.916] — C" L — 02833 V Ne v Addition 1.9523 A lU 857 North 7 C — 9,92n Scale 1" = 30' Road Easement OSurvey Pin Juniper St NW V X CITY of ANDOVER J1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (612) 755 -5100 i PLANNING AND ZONING COMMXSSION MEETING - JULY 23, 1996 MINUTES The. Regular Bi- Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Jay Squires on July 23, 1996, 7:00 p.m. at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Maynard Apel, Lynnette Barry, Lorna Wells Commissioners absent: Jeffrey Luedtke, Randy Peek, Jerry Putnam Also present: City Engineering, Todd Haas City Planning, Jeff Johnson Community Development Director, Dave Carlberg Others APPROVAL OF MINUTES June 25, 1996: Correct as written. MOTION by Wells, Seconded by Apel, to approve the Minutes as written Motion carried on a 1 -Yes (Wells), 3- Present (Apel, Barry, Squires), 3- JAbsent ( Luedtke, Peek, Putnam) vote. PUBLIC HEARING: LOT SPLIT /VARIANCE - 15521 JUNIPER STREET NW - DEBBIE ANDERSON 7:03 p.m. Mr. Carlberg reviewed the request of Debbie Anderson to split the southern 10 feet from her parcel at 15521 Juniper Street NW, creating a parcel that does not meet the minimum district requirements. The property is zoned R -3, Single Family Suburban. He reviewed the applicable ordinances, noting park dedication would not be required because the 10 -foot parcel would not be a buildable lot. The lot split /variance is being requested to allow the applicant to sell the 10- foot parcel to the neighbor to the south, as the house on the southern parcel was constructed in 1989 two feet over the property line. The 10- foot variance is for the lot width of the applicant's remaining vacant parcel. Covenants would also be required to legally bind the 10 -foot strip to the parcel to the south, Lot 4, Block 5, Nordeen Addition, 15511 Juniper Street NW. I He suggested the Commission discuss the setback for the existing house to the south and the need for a two -foot side yard variance. The Staff is recommending approval with conditions. Mr. Carlberg also explained the applicant's lot will be buildable and has been grandparented because it was created in 1963 prior to the adoption of the City's Zoning Ordinance. The applicant did not want to split off 12 feet, which would eliminate the need for a variance on the southern lot; as she feels a 90 -foot lot is more marketable than an 88- foot lot. The applicant is going through this process to solve a problem created by the location of the house on the southern parcel. _r Regular Andover Planning and Zoning Commission Meeting Minutes - July 23, 1996 Page 2 (Public Hearing: Lot Split /Variance - 15521 Juniper Street, Continued) The Commission wondered if there will be a problem in the future for the southern lot if the side yard setback variance is not granted at this time. Commissioner Barry stated title insurance would not be an issue. They may make that exclusion to the policy as coverage to the person buying the house. Mr. Carlberg stated if it becomes a problem, the owner of Lot 4 could go through the variance procedure at a later date. MOTION by Wells, Seconded by Barry, to open the public hearing. Motion carried on a 4 -Yes, 3- Absent (Luedtke, Peek, Putnam) vote. 7:25 p.m. Debbie Anderson - wondered about the sunset clause provision in the proposed resolution. They are providing the 10 -foot strip at the request of the property owner to the south, but now that owner is saying she cannot come up with the money to purchase the strip from them for the amount of the appraisal. What happens if this is not resolved in a year? The Commission explained the sunset clause, noting the Anderson-: might have to put a lien on the house on Lot 4, or they may consider asking for an extension of the sunset clause if it is not resolved in that time frame. MOTION by Wells, Seconded by Barry, to close the public hearing. Motion carried on a 4 -Yes, 3- Absent (Luedtke, Peek, Putnam) vote. 7:30 p.m. The Commission did not wish to consider the two -foot side yard variance for Lot 4, feeling the application for that variance is the responsibility of the lot owner. However, it was suggested that the City Council may want to consider it. Commissioner Barry expressed a concern about approving the request, which still creates the need for a two -foot side yard setback on another parcel. She didn't want further problems in the future created by something the Planning Commission does now. Chairperson Squires stated he too questioned why not add the two feet to the strip so the 10 -foot side yard setback could be attained on Lot 4; however, the applicant didn't create the problem and shouldn't have to give up any more just to solve a variance issue to the south. MOTION by Wells, Seconded by Barry, to forward to the City Council the Resolution as written with the addendum the Planning Commission would like the City Council to look at any other legal aspects of this that might have detrimental sale and purchase of either house /parcel. Motion carried on a 4 -Yes, 3- Absent (Luedtke, Peek, Putnam) vote. This will be placed on the August 6, 1996, City Council agenda. 7:40 p.m. PUBLIC HEARING: SPECIAL USE PERMIT - INSTITUTIONAL SIGNS - 1657 161ST AVENUE NW - PRAIRIE OAR COMMUNITY CHURCH 7:40 p.m. Mr. Johnson reviewed the request of Prairie Oak Community Church for a Special Use Permit to erect two institutional signs on 1657 161st Avenue NW. One sign would be located on 161st Avenue, the other on Hanson Boulevard. He noted the applicable ordinances and criteria to Regular Andover Planning and Zoning Commission Meeting CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R 143 -96 A RESOLUTION GRANTING THE LOT SPLITNARIANCE REQUEST OF DEBBIE ANDERSON TO CREATE TWO PARCELS PURSUANT TO ORDINANCE NO. 40 AND VARYING FROM THE PROVISIONS OF ORDINANCE NO. 8, SECTION 6.02, MINIMUM DISTRICT REQUIREMENTS. WHEREAS, Debbie Anderson has requested a lot split/variance to create two parcels pursuant to Ordinance No. 40 and varying from the provisions of Ordinance No. 8, Section 6.02, Minimum District requirements for an R -3, Single Family Suburban District on the property located at 15521 Juniper Street NW, legally described as Lot 3, Block 5, Nordeen Addition; and WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No. 40 and that based on Section IV, the City Council may vary the application of any of the provisions of the Ordinance; and WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect upon the health, safety, morals and general welfare of the City of Andover; and WHEREAS, a public hearing was held and there was no opposition to the request; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the lot split/variance as requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the lot split/variance on said property with the following conditions: 1. That the lot split/variance be subject to a sunset clause as defined in Ordinance No. 40, Section III(E). 2. A covenant be recorded that legally binds that part of Lot 3 with Lot 4, Nordeen Addition so they cannot be sold separately. Page Two Lot Split/Variance Debbie Anderson August 6, 1996 3. The Planning and Zoning Commission would like the City Council to look at any other legal aspects of this that might have a detrimental sale and purchase of either house/ parcel. Adopted by the City Council of the City of Andover on this _ah_ day of u ust " 1996. CITY OF ANDOVER ATTEST Victoria Volk, City Clerk E. McKelvey, Mayor \ ANLb X O F 6 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Planning and Zoning CommissionCers'� 1 y FROM: Stephanie Hanson, City Planner •dry SUBJECT: PUBLIC HEARING: Variance request to allow a lot split more than one time in any three (3) year period as regulated in city code for the property known as 15873 Linnet Street NW as requested by Scott Allen DATE: August 13, 2013 INTRODUCTION The applicant is requesting a variance request to allow a lot split more than one time in any three (3) year period as regulated in city code 13 -1 -3 as requested by Scott Allen. DISCUSSION A lot split was approved for Mr. Allen in October 2012. According to City Code 13 -1 -3, "no owner may utilize this method of land division on any parcel more than one time in any three (3) year period. " Mr. Allen is requesting a variance from city code so he can split his existing 2 acre parcel to create one (1) urban lot. As part of the 2008 Cardinal Ridge 2nd Addition project, a grading plan was completed to incorporate a portion of Mr. Allen's property, also city utilities are stubbed to the property. This has been attached for your review. Background In June 2012, the applicant requested a variance to allow a lot split to create two (2) lots within the three (3) year period. The request was denied. Resolution R062 -12 is attached for your review. At the January 2013 work session, City Council discussed the frequency of lot splits; at which time staff was directed to draft an amendment to the code. The amendment would provide exceptions to the code, such that a lot split may be approved one year after the initial lot split provided the property owner has owned the property for five (5) years and infrastructure (sewer, water, streets, storm sewer) is already in place so the owner can petition for the improvements. Staff is currently working on the amendment and is proposing to bring forward the changes in addition to the changes to the land use table. Review Criteria City Code 12 -14 -7 outlines criteria when considering a variance. Code states "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: 1. The property owner proposed to use the property in a reasonable manner not permitted by an official control; 2. The plight of the property owner is due to circumstances unique to the property not created by the landowner; 3. The variance, if granted, will not alter the essential character of the locality; 4. Economic considerations alone do not constitute practical difficulties." ACTION REQUESTED The Planning Commission is asked to compare the variance request with the review criteria of City Code 12 -14 -7. If Planning and Zoning Commission recommends approval of the variance request it should be based on the findings in the attached resolution. If Planning and Zoning Commission recommends denial of the variance request, staff will draft a denial resolution to bring forward to City Council. Attachments Resolution City Code 12 -14 -7 City Code 13 -1 -3 Location Map Applicant's Letter Survey and Grading Plans Photos of Site Resolution R107 -12, Approving a Lot Split and Variance Resolution R062 -12, Resolution Denying a Variance to City Code 13 -1 -3 Res ectfull submitt , Stephanie L. Hanson Cc: Scott Allen, 15873 Linnet St NW, Andover CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION APPROVING A VARIANCE TO THE REQUIREMENTS IN ACCORDANCE WITH CITY CODE 12 -14 -7 FOR PROPERTY LOCATED AT 15873 LINNET STREET NW LEGALLY DESCRIBED IN EXHIBIT A. WHEREAS, the Planning Commission has held a public hearing and reviewed the request to vary from City Code 13 -1 -3 to allow a lot split more than one time in any three (3) year period; WHEREAS, the City Council has received the recommendation of the Planning and Zoning Commission, and; WHEREAS, the City Council finds the request is in harmony with the purposes and intent of the ordinance; WHEREAS, the City Council finds the request is consistent with the Comprehensive Plans housing goals, objectives and policies. The Comprehensive Plan identifies this parcel as Transitional Residential — properties within the Municipal Urban Service Area (MUSA) that are currently zoned for residential that may be developed to urban standards when municipal sewer and water are available. Municipal sewer and water are currently available to the property. WHEREAS, the City Council finds the property owner does intend to use the property in a reasonable manner not permitted by the ordinance. The property will be used for residential development. Development on the lot will occur sooner than what would be allowed in city code; WHEREAS, the City Council finds there are circumstances unique to the property that were not created by the landowner. The lot is transitional in nature — it is bordered by urban and rural lots; urban development has filled in around the lot while lots directly to the north remain rural; WHEREAS, the City Council finds the variance will maintain the essential character of the locality. The lot will become an urban residential lot as the surrounding properties are; WHEREAS, the Planning and Zoning Commission reviewed the criteria for granting a variance and supports the practical difficulties; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover approves the proposed variance request to allow a lot split more than one time in any three (3) year period as regulated in city code 13 -1 -3 this resolution and with the following condition: 1. The property owner will be required to submit a land use request for a lot split and rezoning and meet all requirements set forth in city code. Adopted by the City Council of the City of Andover on this _th day of 2013. CITY OF ANDOVER ATTEST: Michelle Hartner, Deputy City Clerk Michael R. Gamache, Mayor EXHIBIT A PARCEL _ _ PROPERTY DESCRIPTION The East 310.00 feet of the West 1010.00 feet lying North of the South 959.36 feet of the Southwest Quarter of the Southeast Quarter, Section 15, Township 32, Range 24, Anoka County, Minnesota, as measured along the West and South lines of said Southwest Quarter of the Southeast Quarter, EXCEPT the following described property. Beginning at the southeast corner of the above described property; thence on an assumed bearing of North 88 degrees 46 minutes 01 seconds West along the South line of said above described property a distance of 140.00 feet; thence North 00 degrees 38 minutes 38 seconds East parallel with the East line of the above described property a distance of 150.00 feet; thence North 11 degrees 58 minutes 32 seconds East a distance of 25.44 feet; thence South 88 degrees 46 minutes 01 seconds East parallel with the South line of said above described property a distance of 135.00 feet to the East line of said above described property; thence South 00 degrees 38 minutes 38 seconds West along said East line a distance of 175.00 feet to the point of beginning. Subject to a 10.00 foot wide permanent easement lying westerly and northerly of the following described line; Commencing at the southeast corner of said East 310.00 feet of the west 1010.00 feet lying North of the South 959.36 feet of the Southwest Quarter of the Southeast Quarter of Section 15, Township 32, Range 24, Anoka County, Minnesota as measured along the west and south line of said Southwest Quarter of the Southeast Quarter; thence on assumed bearing of North 88 degrees 46 minutes 01 seconds West along the south line said property a distance of 140.00 feet to the point of beginning of the line to be described; thence North 00 degrees 38 minutes 38 seconds East a distance of 150.00 feet; thence North l l degrees 58 minutes 32 seconds East a distance of 25.44 feet; thence South 88 degrees 46 minutes 01 seconds East a distance of 135.00 feet to the east line of said property and said line there terminating. with a fee as set forth by ordinance. An additional fee as set forth by ordinance may be required for each meeting in excess of two (2), which is necessary because of incomplete information or changes in the petition. The Community Development Director shall refer the application to the Planning and Zoning Commission. (Amended Ord. 8, 10 -21 -1970; amd. 2003 Code) 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 as outlined in State Statute 15.99. (Amended Ord. 314, 10 -4 -2005) 4. Amended Application: An Amended Conditional Use Permit application shall be administered in a manner similar to that required for a new conditional use permit; and the fee shall be as set forth by ordinance'. Amended conditional use permits shall include reapplications for permits that have been denied, requests for changes in conditions, and as otherwise described in this title. (Amended Ord. 8, 10 -21 -1970; amd. 2003 Code) 5. Reapplication After Denial: No application for a Conditional Use Permit shall be resubmitted for a period of one year from the date of said order of denial. 6. Hearing May Be Held: When a Conditional Use Permit may be of general interest to the community or to more than the adjoining owners, the Planning and Zoning Commission may hold a public hearing, and the Conditional Use Permit shall be reviewed with notice of said hearing published at least ten (10) days prior to the hearing. (Amended Ord. 314, 10 -4 -2005) D. Time Limit On Implementing Conditional Use: If the City Council determines that no significant progress has been made in the first twelve (12) months after the approval of the Conditional Use Permit, the permit will be null and void. (Amended Ord. 8, 10 -21 -1970) wmmww� 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. See subsection 1 -7 -3H of this code. (Amended Ord. 407, 6- 21 -11) 6. 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 application form together with a fee as set forth by ordinance'. (Amended Ord. 407, 6- 21 -11) 2. Planning and Zoning Commission Review: A public hearing shall be ' See subsection 1 -7 -3H of this code. 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. ouncil Actions Requiring a Public Hearing: The following Council actions s equire a public hearing: Variance 2. ditional Use Permit (CUP) 3. Rezo ' and Text Amendment 4. Sketch P 5. Preliminary 6. Comprehensive Amendment C. Public Hearing 1. A public hearing on an applica for Council actions in this chapter shall be held by the Plann Commission in accordance with the Minnesota State ttutes. 2. A notice of the time, place, and purpose he hearing shall be published in the official newspaper of the bit n (10) days prior to the day of the hearing. 3. Property owners and occupants within three hund fifty feet (350') of subject properties located inside the Municid Urban CHAPTER 1 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 15873 Linnet Street NW AK6 l' OVE RJ J� _ Location Map 1914 1Y1L 19b 1961 LISS a20 07074 305/ \. Low 1A y 1Y14 .:1YL6�'244f 1 19v lYll 19 Itt �. 13414 - -- - 15404 15tH St c N �.. .. 1014 loll .: '515 Llb lYT) 1 15c7' 13ym _ r .._ - _.315171 ISS Z IYtl Iu O.. 1S' L7N !� .15199! 199 > : 1070 . Lust IS521 II7 8220 A ,.. 1140 ... Ln23 1. _. :, SNi,S:i/'1 : �ylyll6ay�lYrt 1S1Y 1!126 114 Y 1757 10- i LSS} 1900 2295 1584 x014 -.. , '• 1. ,15030 LY AVE G - - 1. Ti i� .1� ! 1, 2I3/ S - . 2014 15Nt_h 1S/1W 1790 13T .1552 x31c ,T4 2141 , 1mv! ... �., t Q 0704 1 63 707 �s7ts .1721 x� 2� 22LI IS77A. `•• 7057 ..�j 15770 . ,`(1775 413771 tN CIR, 11» " ? L3715740 . 15757 15751 1y1 1711 b 1 7m �. '.. -- ..- _..- iSTr7L LN -- i57WLN Y wry/ - ..02170 - 1S716 3124: b99 b33 ! .L704 - 1550 L916 L0N im,ga O N L712 took 3011 ism }+ ism ism f 1501 3 ,•.. .... 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The maps and documents are created as part of the Geographic Information System (GIS) that compiles records, information, and data from various city, county, state and federal resources. w e Copyright © 2013 City of Andover, All Rights Reserved Printed 08/08/2013 s 637 t• if V I', ND�VEI Map 1791. in 1071 1839 1997 1035 - 1021 LOU 158TH LN 1SSTN LN 13911 1437 I225 Lou L788 158TH LN 13939 W M � Isa9 2 13959 2023 z V_ = 13102 93910 InTHAYE _. ._... .. _.. ISMS 15799 Isom 201. ... _. 137U 15837 15770 1576 13911 1437 I225 Lou L788 158TH LN N i un 1WMAW I Disclaimer: Maps and documents made available to the public by the City of Andover are not legally recorded maps or surveys and are not intended to be used as such. The maps N and documents are created as part of the Geographic information System (GIS) that complies records, information, and data from various city, county, state and federal resources. W E Copyright ® 2013 City of Andover, All Rights Reserved Printed 08/0812013 s IS839 13959 two Isom ... _. '. v.F• : 4 15837 Iiol t. - 95102 ' ... _. _. ISS29 _ 13tH 1087__._ 1 »31 15830 F _ --. _ ........:.r..__.._.. _.__. _._ 15827 1Stt2 I 1332L 15622 Luis Is81t h f .. ► 1St17 1S 798 at I V W 1580 15910 y 13607 13909 Z O 1507 15790 1s70 15794 . 10787 L5 798 I5707 lAtx LS783 1$7t9 15787 J 15792 ! j 1570 15779 15]71 15772 ` urn + 1ST74 IS773 Isla 1033 t 15737 15738 15757 1570 ts7d 35758 SEES N i un 1WMAW I Disclaimer: Maps and documents made available to the public by the City of Andover are not legally recorded maps or surveys and are not intended to be used as such. The maps N and documents are created as part of the Geographic information System (GIS) that complies records, information, and data from various city, county, state and federal resources. W E Copyright ® 2013 City of Andover, All Rights Reserved Printed 08/0812013 s Attachment 2a Honorable Mayor and Council Members: I am requesting a variance from city code title 13, section 13.1.3 (frequency of splitting lots) allowing me to split and sell one of my remaining lots at this time. As you can see in attachment 2b of this request, the remaining lot in question has been fully graded to plan, Cardinal Ridge 2nd Edition, and once split from existing property will be ready for sale. I currently have support from all home owners in the vicinity of this lot as most want the lot to be built on so the neighborhood looks complete without a non maintained empty lot. 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 this lot is 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) j.N but 1� 1N I\ _ {x E I] iris r_ � er s eriwn If liu nWbu12 Nony�r]n _ Werin..I IF. S.ullxe. Wol ul Sv INn ly, —� i•mNlp ]]. I14. ]. o• rn.e. I u.l Nn�ip rM .al N. IMr.ol 1 .1 irl 0.�urYy • fA A.Y Cr1Y waw.� • n.r.: � Y. ..a .m X uy1N��N1 NM..M N YY WNm1.1 WvrYIY • I A [)f IK A i 0111 \L II V-- I \IV— - __I m am�� N .Y..M ql "•.� .i.. [�i•. uw� M I.Mw]�Y Y M. .Ne 1•M. �1 .N IY mYpWW�Yw�IpM1. ].riivM• Ir_________ _ _ _ _ _ — 1- — —I �T 1� ^f - /�nF II� AI l'1111T1/\F, I � •yY.M N rrYr.u�l w� N Ikr.... NvYa ...rn• .. a °w 1 XNN M M4xY N mMHm YI N. Y..Y M Y W Yrn N •.rw1Y. 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Y06 b K /� ®ro slm nods wTETT1EiF11 rFE4EW YflFR Or TE i IT•NCE 9W.L BE � .® WYra011Y6wCm1 JFZ_ CITY Of ANDOVER a" N� m rnAESrtn ,R�. H w e w M RT 9 •�• a• TREE PRESERVA110N PLAN Hakanson Anderson Assoc.nc. WNKS UND DEVEIDPYENT. a.s uwr.«..•a I.II+MAI. „� ssm TYw.a. w.., M•Yw CARDINAL RIDGE 2ND ADDITRIN ctlr OF /IxoDVLA NwN[sou ° 7 t TcE- afT -ssW rNt )u- 12] -6S5D j �- TK MY drown Y .l�ilkKll' J �� C• ', � o I d y 3, y 1 � 1 y �• t �i• i 11� {.. 1J { 4rtlit��t I•�1� r tt�t ;'' y i�) ' �';.. t� ,: , _ !lC� y 15873 Linnet St. NW 15- 32 -24 -43 -0018 Abstract CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 107 -12 A RESOLUTION APPROVING A LOT SPLIT REQUEST TO SUBDIVIDE INTO TWO PARCELS AND A VARIANCE TO REDUCE THE LOT SIZE IN THE R -1 SINGLE FAMILY RURAL DISTRICT FOR THE PROPERTY LOCATED AT 15573 LINNET STREET NW LEGALLY DESCRIBED IN EXHIBIT A. WHEREAS, Scott Allen has requested approval of a lot split to subdivide property located at 15573 Linnet Street NtiN', and; WHEREAS, the Plaiining and Zoning Commission finds the request would not have a detrimental effect upon the health, safety, morals and general welfare of the City of Andover, and; WHEREAS, a public hearing was held pursuant to state statutes, and; WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the lot split, and; WHEREAS, the applicant has requested approval of a variance to reduce the lot size in the Rl Single Family Rural District from 2.5 acres to 2.0 acres, and; WHEREAS, the Planning and Zoning Commission finds the request is consistent with the purposes and intent of the ordinance since the property will continue as a residential use; and WHEREAS, the Planning and Zoning Commission does find the request consistent with the residential and housing goals, and land use objectives and policies of the Comprehensive Plan; and WHEREAS, the Planning and Zoning Commission finds file property owner intends to use the property in a reasonable manner not permitted by the ordinance since the property will continue as a residential use; however, the lot size is smaller than permitted; and WHEREAS, the Plannin- and Zoninc, Commission finds there are circumstances unique to the property teat were not created by the landowner. The lot is transitional in nature - it is bordered by rural and urban lots; urban development has filled in around the lot while lots directly to the Ilortll remain rural; and - WHEREAS, the Planning and Zoning Commission funds the variance will maintain the essential character of the locality since the surrounding lots range in size from '/ acre to 3 acres and a residential Ilse will remain on the lot and WHEREAS, the Plarming and Zoning Conunission reviewed the criteria for granting a variance and the established "practical difficulties" which are defined as: 1. The property owner proposes to use the property in a reasonable mariner not permitted by an official control; 2. The plight of the landowner is due to circumstances unique to the property not created by the landowner; 3. The variance, if granted, will not alter the essential character of the locality; 4. Economic considerations alone do not constitute practical difficulties. WHEREAS, the Planning and Zoning Commission supports the practical difficulties established by the applicant. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the lot split and variance on said property with the following conditions: 1. The applicant shall be required to pay a park dedication fee for the new lot in the amount of 52.650 and a trail fee in the amount of $703. 2. The applicant shall provide 10 -foot drainage and utility easements around the perimeter of the R- l Waal lot and a rniaimum 5 -foot easement along the side lot lines and a 10 -foot easement along the front and rear lot lines of the R -4 urban lot. 3. Boundary surveys showing drainage and utility easements and legal descriptions shall be provided and signed by a licensed land surveyor. 4. Legal documents conveying the drainage and utility easements to the City of Andover shall be submitted and reviewed by staff for accuracy. 5. The existing individual septic treatment system shall remain in use until the well and!or septic system fails. At which time connection to the municipal water and sewer system shall be required. 6. The new urban lot shall be required to connect to municipal sewer and water and pay all related fees and assessments as required. 7. The lot split is subject to a sunset clause as defined in Ordinance No. 40, Section IIi(E) and the variance shall be subject to a sunset clause as provided in 12- 14 -7E.6. Adopted by the City Council of the City of Andover on this 16th day of October, 2012. CITY OF ANDOVER i ATTEST: �\/lichael R. GamaChe, IM Ivor "�rtner-, ii ificheile �Ha�ne Dept Y ity Clerk 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 recor mlendation of the Plarming 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: MA-iaei R. Gam che, Mayor )e Mi helle Hartner, Deputy City Clerk