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HomeMy WebLinkAbouttest1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 . WWW.ANDOVERMN.GOV Regular City Council Meeting — Tuesday, July 18, 2017 Call to Order — 7:00 p.m. Pledge of Allegiance Resident Forum Agenda Approval 1. Approval of (6/27/17 Workshop; 7/5/17 Regular) Consent Items 2. Approve Payment of Claims — Finance 3. Approve Declaration of Encroachment Easement, Conditions & Covenants/1825 — 15 811 Lane NW— Engineering 4. Approve Amended Event Map/Beef O'Brady's —Administration 5. Approve Debt Service Payments - Finance Discussion Items Q 6. Anoka County Sheriff s Monthly Report — Sheriff 7. Final Plat— Country Oaks North Third Addition — SW Development -Planning 8. Variance Request — 14791 Blackfoot Street NW— Lee and Sandra Warneka —Planning Staff Items 9. Schedule August EDA meeting—Administration 10. Administrator'sReport—Administration Mayor/Council Input Adjournment x H 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV TO: Mayor and Council Members CC: Jim Dickinson, City Administrator FROM: David Berkowitz, Director of Public s / City Engineer SUBJECT: Approve Declaration of Encroachment Easement, Conditions & Covenants/1825 —158th Lane NW - Engineering DATE: July 18, 2017 INTRODUCTION The City Council is requested to approve the Declaration of Encroachment Easement, Conditions & Covenants for 1825 — 158`h Lane NW. © DISCUSSION Resident at 1825 — 1581h Lane NW is constructing an above ground pool and would like to build a 5 foot wide deck around the north end of the pool in which the deck posts would be placed in an existing drainage and utility easement that is for cross yard drainage. Staff has reviewed the request to encroach in the easement identified on the attached lot survey and have determined that the placement of such improvements will not affect overland flow of storm water nor impact any storm water pond design requirements, therefore recommends the approval of the attached Declaration of Encroachment Easement, Conditions and Covenants for 1825 — 158`h Lane NW. ACTION REQUIRED The City Council is requested to approve the Declaration of Encroachment Easement, Conditions & Covenants for 1825 — 158`h Lane NW. Respectfully submitted, David D. Berkowitz, PE Attachments: Declaration of Encroachment Easement, Conditions & Covenants and Lot Survey © cc: Dane & Dena Froiland, 1825 —158`h Ln. NW CWI C-nR NOR- PMNEER.�ineering NOTE ELEVATIONS SET BY OWNER. l 4d Cm85WA.-ue N.W. C63)783m. -18 MN Clea. pNpa9q� l.ANOPIJJI1mLS 1.3am SUAVlYalb9 uND9GPe AatlirtEtTB 2422E+Reiglw0(R- Mendout u0d- 55178 McMae-1914 0 P55433 (763)]83-1880 Pu:]83-1883 Coon Rapids office FMN (651)681-1914 Fu:681-9488 Certificate of Survey for ,SPORTS House Address. 1581 House Model: Maddison LU a� DATE =� L IU:FF)yTGR 9oxz.sTePOr, tJm-aes.7 90].9 leoxillxPot+ _ T3'�:bb-` W Nn F ttee(1 &o o M79o1.z# g r---� 00 00 i>0 _ i 902.t I 903.2 1761 I I 900.1 C 204.4 n _ Z6_ _ _moi—ia— _ IPool uD to D&UE. I 4P1;POVr,D STAMPED SURVEY vacant MUST DE 04 JOB SITE FOR FOOTING INSPEC110% GARAGE FLOOR SHALL BE MINIMUM 18" ABOVE EXISTING STREET GRADE WITH MAXIMUM SLOPE OF 8 PERCENT 90+aataac 0P OF PIPE EL � 909.b 3 .lilt W2 I to tJt Q _ � c ox Po2.3 1 \ ewtamAaN -Ip ZZ EL • 902.4J I = Proposed 5' Encroachment Location M z 5 /5017'y --> Drainage Path NOTE ELEVATIONS SET BY OWNER. l ---- GARAGE DONN 2. COURSEI (1.7d Mtn. Lowest Opening Elevaticim 904.5 Min. Lowest Floor Elevation: 896.8 }epp�'T Denotes Emergency Overnow ✓�I`7 Lookout Elevation: $51A._§_L/A/Af Lowest Floor Elevation: 9Qj.31 • =.a Denotes Existing Elevation Top of Foundation Elevotlon: 909.4 •C® Denotes Proposed Elevation Gorog l Slab Elevotlon: _`119.4,34at door) —+Denotes Drainage Flow Direction NOTE: Proposed buidIng tdI. radia, 4 In occordonn with the Denotes Drainage & Ul9ily Eaaemen!eview PWB Mars p6 - by Hetaneon Mdwr Nwe.. Ina. last (Per recorded plot) Nome cw,veemr nwst wiry m hww dimewwen, a eh..oy w,r. —� Denotes Offset Iron Bearings shown are assumed Nome onw were a+ M. for 9raphk mawpore+ only. ma erNe., dsrlgn and location we be delwmwed by e-Iroelw. LOT 2 , BLOCK 2 WOODLAND CROSSINGS ANOKA COUNTY, MINNESOTA 1 hereby certify to Spor(smen's Contracting, Inn that thin eurwy, pan or report was Holed by me or unde, my tlkect supervision and that Ian o duly licensed Land Surveyor under the Iowa of the State of Minnesolo, oated this 28th day of January AD.. 2007. Revi+eC 2-2-07 (Nome) Scale: 'nqh= Signed: PIONEER ENGINF,ERING, P.A. 1 ig-q B) 2916 206270.001 Pig Terrence E. Rolhenbacher, L.S. Reg. No, 20595 Thomas R. Ballufl, LS. Reg. No. 40761 M z 5 /5017'y © DECLARATION OF ENCROACHMENT EASEMENT, CONDITIONS AND COVENANTS THIS AGREEMENT, entered into and made effective as of the date fully executed by all parties, is by and between Dane L. Froiland and Dena L. Froiland, husband and wife, 1825 158' Lane NW, Andover, Minnesota 55304, owners of said property noted below (hereinafter "Owner"), and the City of Andover, a Minnesota Municipal Corporation with its principal place of business located at 1685 Crosstown Boulevard NW, Andover, MN 55304 (hereinafter the "City„). WHEREAS, Owner is the fee owner of 1825 158' Lane NW (Lot 2, Block 2, Woodland Crossings; PIN: 15 32 24 43 0073), Andover, Anoka County, Minnesota (hereinafter the "Property"); and WHEREAS, the City has a drainage and utility easement that currently exists on northerly 20' of said Property (hereinafter "Drainage and Utility Easement"); and WHEREAS, Owner desires to construct a deck around a pool (hereinafter "Improvements") within the existing Drainage and Utility Easement; and WHEREAS, the City is willing to acknowledge and agree to an encroachment of the Drainage and Utility Easement for said Improvements of no more than 5', maintaining a free and ® clear 15' wide Drainage and Utility Easement on the northerly portion of the property, with the underside of the deck within the southerly 5' of said Drainage and Utility Easement remaining open with no lattice work, fencing or other material further limiting access beneath the decking, contingent upon Owner agreeing to abide by certain conditions; and WHEREAS, Owner is aware the area is for drainage and utility purposes and that City access and/or minor maintenance may be required in said easement, resulting in the requested removal of the Improvements. NOW, THEREFORE, in consideration of the foregoing and the City's consent and approval to the encroachment into the Drainage and Utility Easement, Owner hereby agrees as follows: I. To hold the City harmless and indemnify the City from any and all liabilities, and defend against lawsuits, expenses, damages, acts or failures to act, attorney's fees and court costs, which may arise as a result of Owner, or her successors in interest, constructing and maintaining said Improvements upon, in, or around the Drainage and Utility Easement of the City. 2. The City shall not be held responsible for any damage to said Improvements whatsoever as a result of the City exercising its rights to access, excavate, repair, construct or maintain any public improvements within said Drainage and Utility Easement. © 3. Any additional cost to maintain, repair or replace the public infrastructure within the Drainage and Utility Easement due to the Owner's encroachment within said Drainage and Utility Easement shall be the sole responsibility of Owner or their successors in interest to the © extent the cost exceeds the costs the City would incur if the Improvements did not encroach into the Drainage and Utility Easement. U 4. In the event the Property is abandoned or vacated, the City may terminate this Agreement upon ten (10) days written notice to Owner. 5. Owner hereby covenants and agrees that Owner will not permit or allow any mechanic or materialman's liens to be placed on or affect the Drainage and Utility Easement. Notwithstanding the previous sentence, however, in the event any such lien shall be so placed on the Drainage and Utility Easement, Owner shall take all steps necessary to see that it is removed within thirty (30) days of its being filed. 6. The City may require evidence of insurance from Owner, in amount the City deems reasonable and necessary in its sole discretion, to cover the indemnification required herein. 7. The parties hereto represent, warrant and agree that each has been represented by their own counsel, or has had the right to be so represented but declined any such representation; that they have thoroughly read and understand the terms of this Agreement; that they have. conferred with their respective attorneys on any questions in regard to this Agreement, or had the right to confer with an attorney but have declined to do so; and have voluntarily entered into this Agreement. 8. This Agreement shall not be construed more strictly against one party than against any other parry by virtue of the fact that the Agreement may have been drafted or prepared by counsel for one of the parties, it being recognized that all parties to this Agreement have contributed substantially and materially to the negotiations and/or preparation of this Agreement. 9. This Agreement shall be construed under and enforced in accordance with the laws of the State of Minnesota. 10. If any provision of this Agreement shall be determined by any court or governmental agency to be invalid or unenforceable, the remainder of this Agreement and the application of such provision to other persons or circumstances shall not be affected thereby, and shall remain enforceable to the greatest extent permitted by law. 11. Any notice required or permitted to be given in accordance with the terms of this Agreement may be given by first class U.S. Mail, postage prepaid, overnight courier or by personal service, to the other party at the address set forth in the first paragraph of this Agreement, or at such other address as either party, or their successors or assigns, may hereafter designate to the other party in writing. [Remainder of page intentionally blank.] 2 H IN WITNESS WHEREOF, the parties have hereunto set their hands as of the date opposite their signatures. 2017 Dated: 2017 STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA ) CITY OF ANDOVER Its: Deputy City Clerk By: Its: Mayor On this q 4- day of 2017, before me, a notary public Q within and for said county, personally app Michelle Harmer and Julie Trude to me known to be respectively the Deputy City Clerk and Mayor of the City of Andover, and who executed the foregoing instrument and acknowledge that they executed the same on behalf of said City. Dated: 2017 STATE OF MINNESOTA ) ss. COUNTY OF cu. ) Dane L. Froiland Dena . Froiland On this � day of J 2017, before me, a notary public within and for said county, personally appca6ffDane L. Froiland and Dena L. Froiland, who executed the foregoing instrument and acknowledged that they executed the same of their own free will and as the owner of the Property described herein. ------------ ! a r Notary Public ® DRAFTED BY: City of Andover 1685 Crosstown Blvd NW Andover, MN 55304 This instrument is exempt from registration tax and recording fees under Section 386.77 of the Minnesota statutes. H \: J © 1685 CROSSTOWN BOULEVARD N.W. •.ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV TO: Mayor and Councilmembers CC: James Dickinson, City Administrator Joe Janish, Community Developmen a for FROM: Stephanie L. Hanson, City Planner SUBJECT: Approve Final Plat — Country Oaks North Third Addition — SW Development, LLC — Pianning DATE: July 18, 2017 INTRODUCTION The City Council is asked to approve the final plat for Country Oaks North Third Addition. DISCUSSION The proposed final plat creates 41 single family lots. As part of the Country Oaks North and Country Oaks North Second Addition plats, outlots along the BNSF Railroad have been preserved for an emergency access across the railroad. At this time, the developer is requesting the outlots become a buildable lot, as shown on the final plat. The request is © based on the attached letters from BNSF discussing the permanent removal of this particular crossing. City Council is asked to discuss and determine if the outlots shall remain as an emergency access across the railroad or allow the outlots to become a buildable lot of record. The final plat complies with the approved preliminary plat other than the discussion regarding the outlots. Park Dedication and Trail Fees The developer will be required to pay park dedication and trail fees for the lots at the time building permits are issued. ACTION REQUESTED The Council is asked to discuss the outlots and adopt the attached resolution approving the final plat with conditions. The resolution may need to be amended to reflect City Councils decision regarding the outlots. Attachments Resolution Location map BNSF Railroad Letter of Intent/Release Final Plat — Country Oaks North Third Addition Approved Final Plat — Country Oaks North Second Addition Respectfull ub itted, Stephanie L. Hanson Cc: SW Development LLC, 4065 Chelsea Rd W, Monticello, MN 55362 © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA 18aWshlCU7�7 A RESOLUTION APPROVING THE FINAL PLAT FOR COUNTRY OAKS NORTH THIRD ADDITION FOR THE PROPERTY LEGALLY DESCRIBED AS; Country Oaks North Second Addition Outlot B WHEREAS, the City Council approved the preliminary plat for Country Oaks North on November 17, 2015; and WHEREAS, the City Council approved the final plat for Country Oaks North Second Addition on June 7, 2016; and WHEREAS, the final plat of Country Oaks North Third Addition conforms to the approved preliminary plat for Country Oaks North. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approves the final plat for Country Oaks North Third Addition contingent upon the following: 1. The lot configurations for the Country Oaks North Third shall conform to the Country Oaks © North Second Addition preliminary plat approved by City Council on November 17, 2015, with the exception of Outlot A and Outlot B, which shall be combined to create Lot 1, Block 4. 2. Separate Vehicle Maintenance Access Agreements shall be provided per approved grading plan as shown in Exhibit A. The' agreements must be approved by the City Attorney and recorded at the County with the final plat. 3. Park dedication and trail fees shall be paid on a per unit basis at the rate in effect at the time of final plat approval and subject to increase as provided by state statute. Payments shall be made in accordance to the recorded Assessment Agreement. 4. A Development Agreement and Assessment Agreement shall be executed and recorded at the County with the final plat. 5. Contingent upon staff review and approval for compliance with City ordinances, policies and guidelines. Adopted by the City Council of the City of Andover this 18th day of July, 2017. ATTEST CITY OF ANDOVER Michelle Hartner, City Clerk IE Julie Trude, Mayor L I I I I I I I I I I I I I i I f I I I I I I I I I I I i I I I n I I I I I I anaarnrox r��.m...,..m r • —r=Arm—. wwruueunm readr.n.w•x ^i rrm—`� �� PnBmlr.ry PW r__ •r tW ISM LLC T (AAI e.m.i.w. _ �Mmlla� ^/ mN 1/) • w�nrm... �— rmemrrhvm O N anaarnrox r��.m...,..m r • —r=Arm—. wwruueunm readr.n.w•x ^i ^/ wo...o.. C201 COUNTRY OAKS NORTH THIRD ADDITION 0e i s� 3. 0e i 14 CRY OF ANOOV COUNTYOFANOKA SEC 11, T. 32, P. 20 PRSA l bvss r;p , 6,) ,,rL3,*,k bit �ar Veh1Cte1'IF17 kNAINce/1WesS 41i 6 S�N'M ' +rw M r�N M1 Mm ens wMr �� \ I�✓R b� \�.OIDrKgm sa , r i a n N I�rmf i 14 CRY OF ANOOV COUNTYOFANOKA SEC 11, T. 32, P. 20 PRSA l bvss r;p , 6,) ,,rL3,*,k bit �ar Veh1Cte1'IF17 kNAINce/1WesS 41i 6 S�N'M ' +rw M r�N M1 Mm ens wMr �� , VMAP - COUN FRY OAKS NORXH�y� 6H , rrs-tis<e,1.st<t SING c; a D Date Created: July 07, 2017 M. a Disclaimer. The provider makes no representation or warranties with respect to the reuse of this data. ff BNSF Railroad Letters RA/L IYAY Landowner Name Ganter Pomi1v Limited Partnership Landowner Address 13739 Buchanan Sl NB. Ham Lake MN 55304 Mailing Date 9/30,2016 Certified Tracking #9171 9090 0935 0130 2780 24 Division Twin Cities Subdivision Hincklev tine Segment 28 Letter of Intent/Release to Eliminate Railroad Grade Crossing Thank you ibr speaking with me regarding the crossing located at DOT Number 061584M at Milepost Location MP 128.23 at or near Andover, Minnesota. As you may know. BNSF is in the process of reviewing public and private crossings across its system as a part of our grade crossing safety program. During our discussion you verified that after a recent sale of land to SW Investments, I,I.C, there arc different landowners © currently owning on either side ol'the railroad track and that your property on the cast side of'the railroad track can be accessed from Ward Lake Drive and the property west of the railroad track can be accessed from Wintergreen Street NW. In light oi'this access, we mutually agreed that BNSF would permanently remove the crossing noted above. Currently there is a contract agreement for this crossing, BNSF Contract Number CX5015, dated January 13, 1986. 1 am lbrwarding this Letter Agreement to our Law Department for further review. In exchange for BNSF's permanent removal of this redundant access, you agreed to release BNSF from any obligation it may have now or may hereafter have to construct and maintain this crossing or any future crossings across your property. Please sign below to indicate your acceptance ol'these terms. Printed Name Signed__ _ _.. . 13NSF Representative_ 0 H H S NA/L W.4Y August 11, 2015 David D. Berkowitz, P.E. Director of Public Works/ City Engineer City of Andover 1185 Crosstown BLVD NW Andover, MN 55304 Kristopner Swanson MJn8,r Peuic Pru'ecls MN. No. a S BNSF Railway Company 60-44"Ave NN IAinnoapolis, MN 55421 Office: 763-781-3495 Fax: 70.782.0081 Em's kriatoplireswanson�bnsLcnm RE: Additional at grade crossing for 167111, connecting Ward Lake Dr. and Hanson Blvd. Mr. Berkowitz, In regard to your inquiry about the establishment of a new at -grade crossing for a proposed city road (1671h), connecting Ward Lake Dr. and Hanson Blvd., located north of the 16151 Ave NW crossing and south of the Ward Lake Drive NW crossing, BNSF will not allow a new crossing to be established across its tracks unless the City of Andover is willing to close two existing crossings within their City limits or partner with adjacent cities to close two existing crossings located on BNSF's tracks. Since 2000 BNSF has actively sought the closure and removal of at -grade crossings across our system to promote at -grade crossing safety on BNSF's railroad network. By doing this, BNSF has been able to significantly reduce the number of at -grade crossing collisions that occur at crossings of our railroad. BNSF is willing to discuss an overpass at this particular location as an alternative to an at -grade crossing. Should the City wish to continue discussions, I am willing to schedule a meeting with myself and a MNDOT Rail Coordinator to discuss the City's proposal. Sincerely, Kristopher Swanson Manager Public Projects 77 IC , 13 < 20 ----------- •\ \ \. yyY � .. PARCEL2J ---------- -�-< < ------ !r BLOCK_ ---- - ---------- ----- ------------ PARCEL ---------- I ------------- Kol E • 14 2 1 C.Brg=S3T'0725'1V R=250.00 L=109.39 A=25°04'09" C.Brg=S3T'9T25'W FINAL PLAT COUNTRY OAKS NORTH THIRD ADDITION Country Oaks North Third Additioi RECEIVED JUL 7 2017 �I3434 x'0534£ 3)66] rDRAINAGE AND UTILITY EASEASHA T -T_ EASEMENT10.9]1 _..... DRAINAGE AND UTILITY EASEMENTS ARE SHOWN THUS: _ l0 ` /� ANO UTILITY F 'U H61 °d9'19"W 161.61 5 C 1 E ^I , ymow, O ®F /-f �V^�. �I ` TY g' Ifi.05 10 11 X00°I6'4z"E-�' -oy 1~5 JIO IS,4 4p X43'W9 l"E -,{ g >x336 p9 Aja°LeR 5.36 "6a. B.6 20.76 ' vow/ 60 x°60. \ Bo '8 G 7 sl I N W L_____________J a -- rvesar6ew ,m.m i " (L � r__-_____ _ .------ I _ _\`` I Nee29a6w 1ma _ _ _ T `` I ,o-- ORAINAW AND UTLITY o--s9s „o , EASEMENT ` 41.m E le 6 81 $ 2 81 •• xee•26sow zse.x p°x St. _--4fa, >e i I= =I b SI fiz.26 aa.o6 ©.66 m >s.cA "-I 1. \ \ g 81 3 r`• -->.m i c.6, -Nru lesamcw se.6G xe- -- 1.74 -2s C z9 =1 �I 1 561 I - 1 I r ____, r__-__- r - l Ix6a•o3'xYE 1, r 99•l` 0 tesm 05"W 204.20 L______________D J IS til til 1 sz 91 i 18__-_-10e _ �.� , cn r___-_______, 15 J L _J aE $ fl -11 613 xm 4mew ieaoa _l Lll nesz9asw 1raa4 P °ax .11 ee.s] 1 as N- I II J18 811 $II I" ea �•o°lo? °I \ \'= 9 c. -mss dB lm� 5 II I$ \\ \ L=31.6]--. 31 5 6 _ \ \ \\ \ e-s1•»'m• \ 81 9 $III 4 VII I ^I 7 rl 6 "I \ m __ 5 , I I 3 1 8 I- gl N '"I $1 N -Rum \ \ \" _ NB9'H3a'N ' 60 N-m.m 1- p e L__see_m'iaE Lo)65__�J \\\F 4 \ \� -\ ^.`� SII =I zl L -34.,z I6=rmxr 1 -e -3.41x4• \\ \ \�' 9e.Os 1\ y o=ew4xa , I l e=s•45m l i e<4sss• As 4+ J LI______________1, 3 a0 \ \� \ \ 6;n•s4oT _�`�'_ '_____ 1s0, ___ 'J 93.m I m2�J I"--- A-soo.p seszma•E 149m _^„m �� II 60 t \ _.J L _J L _030J J L--08 I J L 1 E�01 Py 96M158a \\\ stA�.Oi� �41'St'Ot' - -°J _J L°2.,9 _ L<Sfi.20 zzi 4a see-mznE 1s,11�40 + xer ' a.,°°°° sa• 1 U a �' aaL^35,w c= L -x1.04 X.240.06 8 Z Iwtt e l l .ao S 3 e=,o•,4'sr 8 L<ASA6 seen 4x°' Wta' 168TH AVENUE NW B <,6• ms°• s E ,so.+e--------- $ \ ^ .gs'°0•a 6<9 s=] 6eko.E 21.01 H=a60.0o t __,__ fn _I _________ c0`Ps w G' m• 1 w6sa0 1 6E tea,- _ _ `4 _J F --e000 -1 _ _ _ a=fo°a°'s°' i` L_e9s3 N-xiro �_ IrJ III $ J r- e6ao l r- e°6o -1 rS..:sr- 1 r1 L-2saa 1 e-4•ssaz s i 1, L=x4.40 I 101° o-c6s•1r " '.sawlST 8 ' 1 ` t5 P"x�i 2ae I -e-5sels I L-4,as '1 1 ', L-IIAS 1= 3 A 18 s, ° °o Aa, i 9 yx s=r3rug ' "e-rizss'I $ Im 4 �'ddr g Ig 1Lfl .$ i' S to Ie 8 g Id I I� IR IN IN IR I° IS I Is I IF 1 W L__ sae°z_v1a•e 013 11 I- 10 9 I 6 6 I� l; g „S;z,$ G P°4x°5s' t2 f �' I IN 5 11 4 Irk 3 1 1" 1 1 r nd Ie I IS I- Is I• I -I- I I� 2 I" 1 3 Q II 1 $ "' NZ r I In In I° In Ir Ig nl 1= Ig Ie "' W I8 I8 iw ke \\\\$ 1 1 sas'2vsz'W _________ DRAINAGE _ --------1__ _ _ _-- i" s 8 2 < II Ig i I I� I 6 .= ANO VTIIiY EASEMENT ___- -1 -r -T 1526-.j 1519°21'25°W i__li -X80°22'J0'W J0>.x2-- _ _ 1 1 I 1 1 pa 1 I sa sa_s - ----- 1._____1 _____ "Na9•o>'°1'w 11_04_ __>,_ I__ss9.19_s4_w 3za.z3-- `� L z' �g e --- ,+1e.aa i �. x1.16 \ - m.W epp9 ep09 112581 j 29.02 �� 3x.06 ' / 14 \\ \ � yP in m.ro eo.00 mro�` moo eam •• I- _J w ^ I Cx / 24°35'20'5 \�\�o x' S8 29'18'5 10]1.26 e0.00 _ uD.40 - _ ss.00 i8 1 8� 1�1J "rz90 iW Lam_ 60.42 is x°fl --04992_ 18r xs $I i Iswr S7- --\ r ^'•`. 1' a5 SM I5 23a,6✓�e \J \\�96.15�10'W /I4ma INSET 23.42 ALLIANT C41FFT �J r1F 'i CHFFTf 23.55 \ . 29.20 L__ / __J -- NOT TO SCALE L _ _ - seso�xiwT2a4e Po 0 30 fi0 120 ® Being 5 feet in width and lot lines m a'' e (\ �> ___ 12 R s' adjoining right SCALE IN FEET and 5 feet in width and adjoining ngM of way o �\ lines. unless otherwise indicated an the plat. IINCH = 60 FEET 9 e=RS'35Y I N sh fl -25.p3 flmmm I _NeyscrJWi e-fiF6f'16' 2 L \ Iter" FOR THE PURPOSES OF THIS PLAT, THE NORTH USE OF F -� 5 n�0w 150' ' OUTLOT B. COUNTRY OAKS NORTH SECOND ADDITION, Ner°rv6w 1e0.m � ANOKA COUNTY, MINNESOTA IS ASSUMED TO HAVE A 8169THAVENW8,1 8 BEARING OF 588'54'34"E. $ gI 6 18 $I y Nea°zrww, 149.ez , it n pipe • Denotes monument louse I/2 inch0 L � _' N-m.m f1i6 8 Lound marked by License No. 18425 i NBB'41119W 1m.W -1 60 e=9t°tr3s O Denotes /2 inch % 18 inch iron monument gel 1 RI N marked by License No. 18425 unlass otherwise shown '8 G 7 sl I N W L_____________J a -- rvesar6ew ,m.m i " (L � r__-_____ _ .------ I _ _\`` I Nee29a6w 1ma _ _ _ T `` I ,o-- ORAINAW AND UTLITY o--s9s „o , EASEMENT ` 41.m E le 6 81 $ 2 81 •• xee•26sow zse.x p°x St. _--4fa, >e i I= =I b SI fiz.26 aa.o6 ©.66 m >s.cA "-I 1. \ \ g 81 3 r`• -->.m i c.6, -Nru lesamcw se.6G xe- -- 1.74 -2s C z9 =1 �I 1 561 I - 1 I r ____, r__-__- r - l Ix6a•o3'xYE 1, r 99•l` 0 tesm 05"W 204.20 L______________D J IS til til 1 sz 91 i 18__-_-10e _ �.� , cn r___-_______, 15 J L _J aE $ fl -11 613 xm 4mew ieaoa _l Lll nesz9asw 1raa4 P °ax .11 ee.s] 1 as N- I II J18 811 $II I" ea �•o°lo? °I \ \'= 9 c. -mss dB lm� 5 II I$ \\ \ L=31.6]--. 31 5 6 _ \ \ \\ \ e-s1•»'m• \ 81 9 $III 4 VII I ^I 7 rl 6 "I \ m __ 5 , I I 3 1 8 I- gl N '"I $1 N -Rum \ \ \" _ NB9'H3a'N ' 60 N-m.m 1- p e L__see_m'iaE Lo)65__�J \\\F 4 \ \� -\ ^.`� SII =I zl L -34.,z I6=rmxr 1 -e -3.41x4• \\ \ \�' 9e.Os 1\ y o=ew4xa , I l e=s•45m l i e<4sss• As 4+ J LI______________1, 3 a0 \ \� \ \ 6;n•s4oT _�`�'_ '_____ 1s0, ___ 'J 93.m I m2�J I"--- A-soo.p seszma•E 149m _^„m �� II 60 t \ _.J L _J L _030J J L--08 I J L 1 E�01 Py 96M158a \\\ stA�.Oi� �41'St'Ot' - -°J _J L°2.,9 _ L<Sfi.20 zzi 4a see-mznE 1s,11�40 + xer ' a.,°°°° sa• 1 U a �' aaL^35,w c= L -x1.04 X.240.06 8 Z Iwtt e l l .ao S 3 e=,o•,4'sr 8 L<ASA6 seen 4x°' Wta' 168TH AVENUE NW B <,6• ms°• s E ,so.+e--------- $ \ ^ .gs'°0•a 6<9 s=] 6eko.E 21.01 H=a60.0o t __,__ fn _I _________ c0`Ps w G' m• 1 w6sa0 1 6E tea,- _ _ `4 _J F --e000 -1 _ _ _ a=fo°a°'s°' i` L_e9s3 N-xiro �_ IrJ III $ J r- e6ao l r- e°6o -1 rS..:sr- 1 r1 L-2saa 1 e-4•ssaz s i 1, L=x4.40 I 101° o-c6s•1r " '.sawlST 8 ' 1 ` t5 P"x�i 2ae I -e-5sels I L-4,as '1 1 ', L-IIAS 1= 3 A 18 s, ° °o Aa, i 9 yx s=r3rug ' "e-rizss'I $ Im 4 �'ddr g Ig 1Lfl .$ i' S to Ie 8 g Id I I� IR IN IN IR I° IS I Is I IF 1 W L__ sae°z_v1a•e 013 11 I- 10 9 I 6 6 I� l; g „S;z,$ G P°4x°5s' t2 f �' I IN 5 11 4 Irk 3 1 1" 1 1 r nd Ie I IS I- Is I• I -I- I I� 2 I" 1 3 Q II 1 $ "' NZ r I In In I° In Ir Ig nl 1= Ig Ie "' W I8 I8 iw ke \\\\$ 1 1 sas'2vsz'W _________ DRAINAGE _ --------1__ _ _ _-- i" s 8 2 < II Ig i I I� I 6 .= ANO VTIIiY EASEMENT ___- -1 -r -T 1526-.j 1519°21'25°W i__li -X80°22'J0'W J0>.x2-- _ _ 1 1 I 1 1 pa 1 I sa sa_s - ----- 1._____1 _____ "Na9•o>'°1'w 11_04_ __>,_ I__ss9.19_s4_w 3za.z3-- `� L z' �g e --- ,+1e.aa i �. x1.16 \ - m.W epp9 ep09 112581 j 29.02 �� 3x.06 ' / 14 \\ \ � yP in m.ro eo.00 mro�` moo eam •• I- _J w ^ I Cx / 24°35'20'5 \�\�o x' S8 29'18'5 10]1.26 e0.00 _ uD.40 - _ ss.00 i8 1 8� 1�1J "rz90 iW Lam_ 60.42 is x°fl --04992_ 18r xs $I i Iswr S7- --\ r ^'•`. 1' a5 SM I5 23a,6✓�e \J \\�96.15�10'W /I4ma INSET 23.42 ALLIANT C41FFT �J r1F 'i CHFFTf E O IC COUNTRY OAKS NORTH THIRD ADDITION CITY OF ANDOVER COUNTY OF ANOKA SEC 11, T. 32, R. 24 10 RECEIVED JUL 7 2011 'S - - - - - - - - - N88°5434'W 1366.15 ,ya'{^, �/[{y��R Nd4rn UNE Of NW//4 OFYI% C[TY �F ANDOVER tl •+. ` CF SEC ' r. JP. H l' NUD ME NgpM [/NE aF s OIT4 , C om Oq KS NAPMW 'n ISII5 loomaN � I \ 5 1 h $ 3 i OUTLOT a , nn 0 sazrona�E slew ., " � �_ ., � �, i� .�s I � I -- ----` t-, ou �H I� 10 11 r I 1 I� 12 g III w 9 rj) _nee zaamv 115151 n s 169TH AVE NW 2 7 Lys xoo•,1srE ; < uA`oarnP p,as 6 2 xae•aavw axae Q Ks,,,es.m _ _ _ _ _ _ _ _ _ _ NOB -4605"W 204.20 � narcenew ,earn I\' a 3 I� m 310.00 W $ 70 5 Ii I 11 FOR THE PURPOSES OF THIS PLAT, THE NORTH LINE OF L= 35.64 4 5 %` _ 4 5 6 7 8 , r , W 0 �, OUTLOT B, COUNTRY OAKS NORTH SECOND ADDITION, �n r -Q- °04,09„ r r 3 \ , ni , ANOKA COUNTY, MINNESOTA IS ASSUMED TO HAVE A C`- BEARING OF SBB'54'34"E. 3 3 4 d I` r ;�; 168TH AVENUE NW \`/ • PP Z moa' 13 `12 - !10��g S 8 T30F3 S I !'W L1 O Dennis. by inch Not uB lm Bron e I HE yrye 2 1 0 roma marked y INSET _ __ _ W C� 3 � �< � _ n�h . l8 inch monument set $ - m cense No. 18425 notherwiss shown 1 'ea R-250.00 6 5 4— \ L=109.39 ul 2 S6ya20 _4=25°04'0 r6p 9dF C.Brg=S3 0i25°W Z I fg \ \ S24°3540'2,_ /: Nam' 1 aA sw SBB°29'18°E 10)1.26 NOi°31'32°E _ - 125 - I51 _-- - - _ - - y' `r!3° ,�! S61°45'10"W '`- SWM [/NE CF Nw l/4 OF SE ,/9 (ry10)6 — v N \ / --- N24-35`20E60.42// 6�46`E of SEa 11, E J1. N. 11 40.00 `1.12 z � � 730 96.]5 N88°29'/8"W I `-, 1 U y-N00°12'S3"E - - ' 180.00 3 ., � � `` I 23.42 � $ 0 W 100 200 SCALE IN FEET INCH = 100 FEET ALLIANT SHEET 2 OF 3 SHEETS se6•w'wTd � I xrn-wDeO �I �.:.�;:Y.'.'..)�}. i . ln,w;«.e;u-.oIIu\i N\ • ------------- -- _ _9\_\ _ ^_SF/_. /._\ __/ _1 e_umn_�N_a ___ -------- -------J1IiIi_-__-_°I_ -Slra.-llI ------- III Hi1I'ri ----- ------ ---- M----- -- Ii i -1 I _1 _15�_r_ _�n22 .00K A 11 25 623 2 --____g10oK L L - LB _ II I --'-- --: P � ° OOTMAVENW H did` I 14 I NEIwO •:.�. /\ /�/� i 7 r ___ YAJI `t I I I ZBNIOr ,� I te.5•snANn DuMa(rn) .y. 21 L_ / ms // `•-G"W -- - q 1 I 13 U i i 20 / 11 I ' ib 1 s I.a, xxms _J 1 It • s W I __ /gLOGK I I BaellaDx trTq `I I �-�-- Daml __ _— -yR ...IxyPl T la �7 I d � mwvw.aee 1 Y �emaP I 1, n l _� ' PARCEL2 Y o i / owuuoEeDaln _ 'm tm � I I `� I j ENdeMEvn�1� _ n 'r Im I aaum•¢a i r__ _ Of �/a`J al rw3j O 14 15-IeM1R ��� -------_- Q PA4Namtnp)� H%' a II II1 1I1I II1Iw_W i I a DI1HI / 2i<L m 13 i IaCm O Ixlmv _ L-___Kl_aI__m __'D_'I 1 i rI-i- 1S'at V E LJ_r_____ P° J1 119 v D• g■ L_ D 5 1 ' 24. 1, 1 J_ -J • L _JI .Z I_____________E NW __I r- 8 - Y' 86 Im I C H 160H1AV/ IE ' s DI °� I 9 23. -�1 1 r ® l r________-_ I It % 1 L 1 1«ms r �m Imre \ am\ 1, el Leis Y °II s �i H I E ,gimes I ? E 1 1 8 1- b II IIA 1U I \ `` \ / L_________ J L_ ___________ _ L__ _____JI II 8 8I II 7 _ �___________ _� S I ns I I Ixan I I Imm}E I I wm-er^� T � I r_ __6 _______ 1 twos FJ 1 i-- __ __ __J L__ _r2 \`` I Ins Iv I m DI m 1z HI J L m _J �.g� Im a LD.® °I °I �° IH yOpK m m_ - --"I r-- L---------- —J 8 tawr r- L_ __I L_____________JI II II `14 15 'p 1 S I El i____________ _ r II ale II 1 II r- __ _J �r I , , Iv I 20 I I ,__ 5 11 m I 1 ® I wtle3ls l IE uu t mml i m i i G E I I am.xr ul 4\\\\`aus\ \ IN s L H m I I E 11 H I R a I tr all IH IH I I {I ` II L--_-�I-V _ I-aL_ n-JLa. II IIL _ ____4i �h i i I J i_9 -_J L___________ �� _ _ �___________ J L__ J L__ __J L__ __J L_g J L 1 �uar In _ � I \LO \\`\; ` \/ \ \DV:x ✓8 �A/� 189TH AYE My H iH D e 3-Z1, 1_7 \\ O umwrBuexmovrtva , r 5f -� __, ___ ___ r__ _____-__ �y r % i i r ; i � _ � I m I I m I I a I I n 1 1 m I I m 1 1 m I I N• I I � I I I I I I I L I INmis • \` ``•��.% � ON I I I .�-ro�/ �`1tC`' i. E / J _`/��o )�Fy/,2g i/� 1% / / //��1/�<4`✓\�\ / \\_ \\ �� B \ \ aW__eE 6x'11i4LtII wI,s.Evov�-ee !IiI mi1 I]e.L•+E I.IIemF-xnumJuIi, IILi .a_,Mm.-.EI,. IB_i«J II111LI1 m- E I-J1I II1 IIi:nIwiEt.I N i' I�i1 .mE I I 1t INmmE I-iW121III 1III ..'- mmE ll sma�I•_oI __-EE II __IIII III mEI III 1II mal III IIII r -a-I At II 11SDI ii m iI1 21s I 4 3 p I _u _ A D c, 21 Jai ___L.J1 I _------ I- la-E _____m,eE L'oM DI/mE(MIr ,I rI `"-d-teI I -fi II 6 1 R-`Or.K Jr __ _`"'';l��I _ •_i_li -A A sews. -.9 V EL7 10 (IN •aD- 6s'S 13 I I I I „� I II II II I I I,I �` Sen• M•EI I I I I I I I I I I I I I I I I I I I I I I � I r_—_ _. -7i 1L__IL_ 1 u:A °8 — _J I - ' wl�.�,u _ !1 -_it S _ mrm 11 Approved Preliminary Plat Country Oaks North Second Addition 61xBLf rANDT 911EDE4Et0PNENe axv`xx s:,{�. enwm ENGINEERING SURVEYING ENVIRONMENTAL PLANNING ora lNe. ma¢«Pmm�nnrx�a* ,anlvu.rn+.ro.aaw.lw vawgwxw,a. N.NI I bamu wn P"EMi«'Sm v art I P,u..,NawAn �Haxar•N,umELs6 �� I O P n I Preliminary Plat w I esegalMnemx I Inx.Nwe•Mn: `v iv:D omrr SW Land LLC PNOPEx1YDE6C1UP11DN I,MLno1L141•nLMI "0AI,r .la .a ax mw ..aa Il.,n Country Oaks North PW.N.AW Canr. r«...w Second Addition .m1YNC N.N.1Mlu0. I 7nq PulNWXem•Nry,nael UeSMh•NOna�aSMw INUiipN ly I..xNr D. e•m a• nw.nmry N x..m wNl a ar m• a rwrxr..xwxw mbe,.w.I.uaxwrxw,4A•=v+ Andover, MN a..n.Nu..w. ID•NMmNwtlMb.l:xaO+vtlMYtln+aawr I(Date ppr,, . Panner arHN.......uNmx tty of Andover ewxA<....val,xmAAw Pa.:n.wl.aa,. I almsr I '°'•'"'�nh+°i^"a�^enp1p w^rvu"^•^' Preliminary Plat TO &Sn NSA I•M•x mn.° rmlx w I r«.•x u mde I N= I _ I I DEVELwNPxrxoms — — — — - - - -- ' I L cnamlauPeuecrvolrmwu0vmv. DN„ RDPIaON I pWxme NIOMYfYwDGl09 ^ ori NxuluT x.LLev.xowroNNwxw LMYmM,I CsmM+ I , u.DxuPovrxwxoeDromExPAxwrPaor. a aDme � nr."...a e mnm I . BpfhWAYOnVLLOEn,EVrm FxpINLIN1E00fC11M& B IBml10 nn MNCa,I:+M 6E FA9B1fM981W18EVNONrt➢IX1A a BInNO Bb rFuaaam+::u �MIDVN¢BCQ96 aPnu«I ommeuEoomwm. r elnme ,prvpmr..�.am I aelmm alrvrana..ww xelrune ,mexx.. eN... IfGFHO IY.au10 M. W+MMV I M£M\OnlxYill IA— rFY.ry NDNmI%FattOlml, xTA NI �� I �J xDeanrwNrDwmEEcase �:: •�.:. IwL rANPUDm „1®neYmpTDPTw:Twt nAN, Decmunox,op epOp}pN PR0IA00n0YM m00m01ONANO9N D V LYnaIVON PNOPP910N.U. POTENTIAL RR CROSSING 6G�eVNO%B Y A¢ DP ASEOPNmtNImA g„ I. npv.Bimunmirtvxmea uN I I s° I II r✓ ' I 0 DMVN BY DIP.CRBO DY jI KMM DJN E DATE puuxe p 8.06.2015 201}085.1 DRAINAGEAND UTILITY 1'0 EASEMENT -TYPICAL ® xEDSEr NIIMBHR C201 9 rvv?u. mxxEn OF sea,,. rs rv..xaE.aew. xEx�wsaummmoa dITM� I ossEG d, COUNTRY OAKS NORTH SECOND ADDITION noam I .... OF, ... n. 11.. N.. am.. N GRAPBLC SCALE 200 D 100 200 4C0 IN MET ) I in0a - 200 feet. LEGEND DENOTES WON MONUMENT FOUNDASIABEIED O DENOTES IRON MONUMENT SE' WI CAP STAMPED'RLS K076' O DENOTESANOKACOUNTY SECTIONCORNER SI°30'42, nx NI"31'32-E I n` v — , int -- vV Vivlf�l �• NW iavl�i, nt ri ` X'18'W -;— 81.02 81.02 nr so°,LgVtPFKAE!ET z °i 2 OF 2 SHEETS-- 9� C� a tea' w J v z 1 Fr. it N v n 1� o J�4; Cl i [wE is OF aE IH OFaW 116 111OFCf a SEC. rr £ N GRAPBLC SCALE 200 D 100 200 4C0 IN MET ) I in0a - 200 feet. LEGEND DENOTES WON MONUMENT FOUNDASIABEIED O DENOTES IRON MONUMENT SE' WI CAP STAMPED'RLS K076' O DENOTESANOKACOUNTY SECTIONCORNER SI°30'42, NI"31'32-E 1eo.ao — , int -- vV Vivlf�l n^lid Ix� iavl�i, nt ri ` X'18'W ca 81.02 81.02 `J z ca ca C� a r� J KNOW ALL PERSONS BY THESE PRESENTS. That S.W. Land LLC, a Minnesota limned liabllly company, owner of the tallov ing described property: The Boom 330 feet of the Nall o n Quarter of the Summered Quarter, Section 11. Township 32, Range 24. Anoka County, Minnesota. ALSO The North Hall of be Southeast Quarter of be Southwest Ouarmr of Section 11, Township 32, Range 24, Anoka County, Minnesoth. ALSO Lot I, Block 2, Country Oaks North, Anka County, Minnesota. ALSO Condit A. Country Oaks North. Anka County, Minnesota. KNOW ALL PERSONS BY THESE PRESENTS: That S.W. logit hi nts. LLC, a Mmawam grown! Imbllity, company, owner of the following described property: The Northwest Ouader of the Southeast Quarter. Section 11, Township 32, Range 24. Anoka County. Minnesota. ALSO That phi of the Nodheast Otmner of the Southeast Ouaner at Saa ed 11. Township 32. Range 24, lying westerly of the west fight -of -way line of Burlington Northern Railroad as how laid Out and beveled. Anoka County. Minnesota. Has caused be same to he surveyed and pla0ed as COUNTRY OAKS NORTH SECOND ADDITION and does hereby dedicate to the public for public use the public ways and the drainage and utility easements as shown by this plat. CITY OF ANDOVER COUNTY OF ANOKA SEC. 11, TWP. 32, RGE. 24 I, Michael R. Williams, do hereby Godly that this plat was prepared by me or under my direct supervision; Nat I am a Euty UONMNd Land Surveyor in be State of Minnesota; that this plat Is a correct representation of the boundary survey; that all mathematical data and labels are conendly designated on this plat: mat a0 monuments depicted on this plat have been, or will be correctly set within one year; that all water boundaries and wet ]adds, as dented In Minnesota Statutes, Section 505.01. Subd. 3, as of the dam of thin sengicate we shown and labeled on this Mat; and all public wane are shown and [abated oa Nb plat. Michael R. Williams. Licensed Lard Surveyor Minnesota Uponse No. 44076 STATE OF MINNESOTA COUNTY OF HENNEPIN The Instrument was ackrowled0ed before me this _Day of _. 20 by Micheal R. Williams. Notary Public, Hennepin County. Minnesota My Commission Expires January 3t. 20. CITY COUNCIL. CRY OF ANDOVER. MINNESOTA This plat of COUNTRY OAKS NORTH SECOND ADDITION was appmved antl accapted by the City Coattail of the City of Andover, Minnesota az a regular meeting thereof held this day of 20_. add said plat is In complains with the pmvlsions of Mimmun la SlbNtea,S .nSg5.D3. tubil.2. In wimass whereon said S.W. Land. LLC, a Mlnnesole limited IIW Illty company, hire caused these presents to be signed by lis proper officer this _day of .20_. By S.W. Land, LLC :aO BY .CM1lel Manager - --- Shawn P. Walnnd a es¢ rvw�.-4 AF -welts►-e STATE OF MINNESOTA COUNTY OF This Instrument was acknowledged before me on Nis day of 20_, by Shawn P. Weenand, Chief Manager of S.W. Land, U.C. a Minnesota Ilmited flat illy company. n 1 Public, County. MinnesotaMy Co ` My Commission Expires January 31.20_. SEC, 11, In witness whereof sad S.W. Idwemments. LLC, a Minnesota limiterl liability company, has caused [hese presage to Da signed by lm paper offcar the _ day of 20 S.W. rvostmonta. LLC Shawn P. Wamand STATE OF MINNESOTA COUNTY OF This instrument was acknowledged before me an this _dry of 20_, by Shawn P. Warned, of S.W. Investments LLC, a Minnesota nmhal liablo, company. Notary Public, County, Minnesota My Commission Expires January 31, 20_. COUNTY SURVEYOR t hereby codify that In acoondane with Minnesota Statutes, Samoa 505.021. Subd. I L this plat has Dean reviewed and approved this _day of ,20_. Larry D.Holum, Anoka County Surwwar AME" ENGINEERING I SURVEYING I ENVIRONMENTAL I PLANNING X r 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755- 8923 • WWW.ANDOVERMN.GOV TO: Mayor and Councilmembers CC: Jim Dickinson, City Administrator Joe Janish, Community Developrni FROM: Stephanie L. Hanson, City Planner SUBJECT: Variance Request — 14791 Blackfoot Street NW — Lee and Sandra Warneka - Planning DATE: July 18, 2017 INTRODUCTION Mr. Warneka submitted a variance request for his property located at 14791 Blackfoot Street NW. The request is to reduce the required width of the lot(s) at the front yard setback. Shoreland Management Regulations The property is located within the shoreland area.The Shoreland Management Code is adopted by the City pursuant to Minnesota Regulations that apply to the shorelands of public water bodies. The City of Andover is the governing body of code. As required by the Andover Shoreland Management code, the Department of Natural Resources (DNR) has received notice of the variance request. At this time, staff has not received comment from DNR staff. According to the Shoreland Regulations, unsewered single family lots on Recreational Development Lakes such as Round Lake are required to be a minimum of 20,000 square feet with a lot width of 100 feet. This section of the code is attached for your review. However, stricter regulations in the Rl Single Family Rural district supersedes the Shoreland Regulations. Variance Review Mr. Warrieka submitted a letter and is proposing a variance to reduce the lot width at the front yard setback from 300 feet to 150 feet for the purpose of subdividing the property into two (2) lots. The letter addresses the practical difficulties and is attached for your review. The existing lot meets code requirements for lot width, depth and area. If the lot is further subdivided, the lots will require variances. Existing and proposed lot measurements are as follows and the variances are highlighted in yellow: C1 Code Re Zulations, Existin 7 and Pro osed Dimensions 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. • The proposed lot widths meet the intent and regulations of the City Code pertaining to Shoreland Management provisions. However, the City has placed stricter provisions on lots zoned Rural Residential limiting the further subdivision of the land because the lots will not meet the required 300 foot width at the front yard setback. • Required lot widths at the public right-of-way is 50 feet. Forty (40) feet from the right- of-way the lot width is required to be 300 feet. The proposed lot widths of 150 feet and 180 feet provide ample access and room to construct a home while still leaving enough of a buffer space between the neighboring properties. 2. The plight of the property owner is due to circumstances unique to the property not created by the landowner. The property owner purchased the existing property in 1977. When the lot was created in July 1977, it was subdivided in such a way that the lot size and depth exceeds the existing requirements in the rural residential and shoreland management area. However, the lot width of 330 feet does not allow for the further subdivision of the land. 3. The variance, ifgranted, will not alter the essential character ofthe locality and will not alter the rural residential character. • The density requirement in the rural residential district is 2 %2 acre minimums per lot. The approval of the variance will allow for the subdivision of the land that will create 2 City Code Shoreland Regulations Regulations R1 (unsewered) Proposed Proposed Existing Lot A Lot B Lot Width at 50 ft 100 ft 300 ft 180 ft 150 ft ROW Lot Width at Front Yard 300 ft 100 ft 330 ft 180 ft 150 ft Setback Lot Depth 150 ft --- 830 ft 830 ft 830 ft Lot Area 2 1/2 acres 20,000 sf TBD TBD TBD 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. • The proposed lot widths meet the intent and regulations of the City Code pertaining to Shoreland Management provisions. However, the City has placed stricter provisions on lots zoned Rural Residential limiting the further subdivision of the land because the lots will not meet the required 300 foot width at the front yard setback. • Required lot widths at the public right-of-way is 50 feet. Forty (40) feet from the right- of-way the lot width is required to be 300 feet. The proposed lot widths of 150 feet and 180 feet provide ample access and room to construct a home while still leaving enough of a buffer space between the neighboring properties. 2. The plight of the property owner is due to circumstances unique to the property not created by the landowner. The property owner purchased the existing property in 1977. When the lot was created in July 1977, it was subdivided in such a way that the lot size and depth exceeds the existing requirements in the rural residential and shoreland management area. However, the lot width of 330 feet does not allow for the further subdivision of the land. 3. The variance, ifgranted, will not alter the essential character ofthe locality and will not alter the rural residential character. • The density requirement in the rural residential district is 2 %2 acre minimums per lot. The approval of the variance will allow for the subdivision of the land that will create 2 3 2 - three (3) acre lots. The further subdivision of the land will be in compliance with the density requirement in the rural residential district. • The structure setback from neighboring properties will be a great enough distance to retain the rural character. The southerroperty line will be setback at least 245 feet from the existing structure at 4050 147 Lane NW. This is shown on the attached map. There will be no floodplain, wetland or natural waterways impacted if an additional home is constructed on the proposed lot. The existing contour/elevations of the property provide the opportunity for an additional building pad. The vegetation, lower elevation and floodplain on the property to the south provide a natural buffer between the lots. 4. Economic considerations alone do not constitute practical difficulties. • The applicant is not considering the proposed variances because of economic reasons. Public Comments Staff received phone calls and emails regarding the variance requests. Attached for your review are letters and a petition submitted by the public that are part of the public record. Planning and Zoning Commission Recommendation On May 9, 2017, the Commission held a public hearing. Meeting minutes are attached for your review. Four (4) individuals spoke opposing the variance request with the belief that the variance Qwould have a negative impact to the rural character of the neighborhood, negative effect on the value of the surrounding homes, increased density, and the style of the new home would not be compatible to the existing architecture. The Commission recommends denial of the variance requests on a 3 — I vote (3 absent) with the findings that the practical difficulties were not unique to the property and there is too much of an impact on the rural neighborhood. ACTION REQUESTED The City Council is asked to review the variance requests, compare the variance requests with the review criteria of City Code 12-14-7, take into consideration the recommendation of the Commission and approve or deny the requests based on findings of fact. Staff drafted resolutions with potential findings of fact the Council may want to consider when approving or denying the variance requests. Attachments Resolution of Denial as Recommended by the Commission Resolution of Approval Location Map Photo Location Map Photos Variance Locations © Applicant Letter Applicant's Response to Comment Letters Resident/Public Comment Letters Shoreland Regulations Existing Contours, Floodplain, and Wetlands May 9, 2017 Approved PZ Meeting Minutes Respectfulu"'tftled, Stephanie L. Hanson City Planner Cc: LeRoy Warneka, 14791 Blackfoot Street NW, Andover, MN 55304 X y CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO XXX A RESOLUTION DENYING VARIANCES FOR PROPERTY LEGALLY DESCRIBED AS: LOT 5, BLOCK 4, Lund's Round Lake Estates, Anoka County, Minnesota. WHEREAS, LeRoy and Sandra Warneka has requested approval of variances to reduce the width of the lot at the front yard setback; and WHEREAS, the Andover Review Committee has reviewed variance requests; and WHEREAS, pursuant to published and mailed notice thereof, the Planning and Zoning Commission has conducted a public hearing on said variances; and WHEREAS, as a result of such public hearing, the Planning and Zoning Commission recommended denial of the variances based on the variance review criteria for granting a variance under City Code 12- 14-7 B; and WHEREAS, City Council completed a review of the variances, along with Planning and Zoning Commission recommendation; and WHEREAS, City Council denies the variances to reduce the required width at the front yard setback from 300 feet to 180 feet and 300 feet to 150 feet for the future lot split of the existing lot. WHEREAS, based on the criteria for granting a variance under City Code 12-14-713, City Council finds the following findings of fact to deny the approval of the variance requests: • The proposed lot width meets the regulations of the City Code for the RI Single Family Rural District and the applicant is able to use his land in a way allowed by City Code, as he has since he purchased the property. The practical difficulties are not unique to the property. • Neighboring properties within the subdivision have a minimum of 330 feet; thus the existing lot retains the rural character of the neighborhood. A smaller frontage will have an impact to the rural neighborhood. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby denies the variance requests to reduce the lot width at the front yard setback. Adopted by the City Council of the City of Andover this 18"' day of July, 2017. ATTEST 0 Michelle Harmer, City Clerk CITY OF ANDOVER Julie Trude, Mayor 5 I © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA A RESOLUTION APPROVING VARIANCES FOR PROPERTY LEGALLY DESCRIBED AS: LOT 5, BLOCK 4, Lund's Round Lake Estates, Anoka County, Minnesota. WHEREAS, LeRoy and Sandra Wameka has requested approval of variances to reduce the width of the lot at the front yard setback; and WHEREAS, the Andover Review Committee has reviewed variance requests; and WHEREAS, pursuant to published and mailed notice thereof, the Planning and Zoning Commission has conducted a public hearing on said variances; and WHEREAS, as a result of such public hearing, the Planning and Zoning Commission recommended denial of the variances based on the variance review criteria for granting a variance under City Code 12-14-7 B; and WHEREAS, City Council completed a review of the variances, along with Planning and Zoning Commission recommendation; and WHEREAS, City Council approves the variances to reduce the required width at the front yard setback from 300 feet to 180 feet and 300 feet to 150 feet for the future lot split of the existing lot; and WHEREAS, based on the criteria for granting a variance under City Code 12-14-713, City Council finds the following findings of fact to support the approval of the variance requests: • The proposed lot widths meet the intent and regulations of the City Code pertaining to Shoreland Management provisions. However, the City has placed stricter provisions on lots zoned Rural Residential limiting the further subdivision of the land because the lots will not meet the required 300 foot width at the front yard setback. • Required lot widths at the public right-of-way is 50 feet. Forty (40) feet from the right- of-way the lot width is required to be 300 feet. The proposed lot widths of 150 feet and 180 feet provide ample access and room to construct a home while still leaving enough of a buffer space between the neighboring properties. • The property owner purchased the existing property. When the lot was created in July 1977, it was subdivided in such a way that the lot size and depth exceeds the existing requirements in the rural residential and shoreland management area. However, the lot width of 330 feet does not allow for the further subdivision of the land.