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Home My WebLink About08.15.18�r J 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV Andover Planning and Zoning Commission Regular Meeting Agenda August 15, 2018 Anoka County Sherriff s Office Community Room 13301 Hanson Blvd NW Andover, MN 55304 7:00 pin 1. Call to Order 2. Pledge of Allegiance 3. Approval of Minutes — June 12, 2018 Work Session Meeting, June 12, 2018 Regular Meeting and July 24, 2018 Work Session Meeting 4. Public Hearing: Interim Use Permit for the Continuation of Subordinate Classroom Structures - Andover Christian Church 5. Public Hearing: Variance to Reduce Front Yard Setback for an Accessory Structure - 3174 170 Lane NW — John and Kristy Tverberg 6. Adjournment . • "' ti +fit 1 / / r1 ►� 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV TO: Planning and Zoning Commissioners FROM: Stephanie L. Hanson, City Planner SUBJECT: Approval of Minutes — June 12, 2018 Work Session and Regular Meeting; July 24, 2018 Work Session Meeting Minutes DATE: August 15, 2018 REQUEST The Planning and Zoning Commission is requested to approve the regular meeting minutes from the June 12, 2018 Work Session Meeting, June 12, 2018 Regular Meeting and July 24, 2018 Work Session Meeting. PLANNING AND ZONING COMMISSION WORKSHOP MEETING .TUNE 12, 2018 The Workshop Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Kyle Nemeth on June 12, 2018, 5:30 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Dean Daninger, Scott Hudson, Bert Koehler IV, Nick Loehlein, Jeff Sims (arrived at 5:39 p.m.), and Mary VanderLaan Commissioners absent: None Also present: City Administrator Jim Dickinson Community Development Director Joe Janish City Planner Stephanie Hanson Public Works Director /City Engineer David Berkowitz Others DISCUSSION OF 2018 COMPREHENSIVE PLAN UPDATE • Draft Parks and Open Space Plan Assistant Public Works Director Haas introduced himself and then presented a park map, noting it is broken into Zones A, B, C, and D and lists the size and activities at each park. He stated the City contains 69 parks and 4 open space properties ranging in size from under an acre to more than 152 acres. Anoka County operates two regional parks but there are no State or Federal parks within the City limits. Assistant Public Works Director Haas explained the Met Council has categorized local and regional parks according to factors such as size, use, service area, location, and site attributes. The City has mini - parks, neighborhood parks /playgrounds, community playfields, community parks, local linear parks, trails, corridors and parkways. The City uses the categories in the selection of park locations to ensure a variety of park types and facilities are available to serve the needs of residents. Assistant Public Works Director Haas stated there are two regional parks, Bunker Hills Regional Park and Rum River Central Regional Park, that serve Andover residents. He described the regional trail system map. It was noted the main trail in Andover is along Andover Planning and Zoning Commission Workshop Meeting Minutes —June 12, 2018 Page 2 Bunker Lake Boulevard that will at some point in the future connect Bunker Hills Regional Park west to the Mississippi West County Park in the City of Anoka and to the east into Linwood Township. The Rum River Regional Trail is south of Bunker Lake Boulevard and 7th Avenue and continues south to the Mississippi River Regional Trail. Assistant Public Works Director Haas stated the packet information also included definitions of parks from the Met Council's Comp Plan guidelines, open space evaluation, and site selection criteria for open space and parkland. The e -mail included the park dedication fee study that was recently approved by the City Council, noting it may be updated each year. The three criteria are existing, future, and replacement in the future. Assistant Public Works Director Haas stated the study identified there is no need for additional mini -parks but the City is in line for an additional neighborhood park that includes an athletic field. Otherwise, the City's park system is nearly complete. Assistant Public Works Director Haas asked if there are questions on this chapter of the Comp Plan. Commissioner Koehler asked about the accuracy of the forecasts on population growth from the Met Council, noting that parks are based on that data point. He stated when the Planning Commission reviews new neighborhoods, they hear comments that there are no parks within walking distance and asked what the answer is. Commissioner Sims arrived at 5:39 p.m. Assistant Public Works Director Haas explained the City uses the National Park and Recreational Guidelines to determine the number of mini -parks and neighborhood parks, noting the City has enough mini -parks at this time. Commissioner Koehler noted when the lots are large in acreage, it is understood that there will not be a park within walking distance. Assistant Public Works Director Haas stated the Park & Recreation Commission is studying the priority of each park and that evaluation will be presented to the City Council in August. Commissioner Koehler stated to assure consistency, he wants to know what message to send when asked about parks. Assistant Public Works Director Haas suggested they be referred to his department. Public Works Director /City Engineer Berkowitz stated developments generate money but maintenance costs are funded by the general fund, which is the challenge with maintenance of mini - parks. He explained that staff has to base everything off Met Council projections, which he believes are too high. Andover Planning and Zoning Commission Workshop Meeting Minutes —June 12, 2018 Page 3 Commissioner Koehler stated that is the answer he is looking for. City Planner Hanson stated Public Works Director /City Engineer Berkowitz is correct; however, no community has met the Met Council population numbers in the last round so they are aware of it. Commissioner VanderLaan referenced the park dedication fees of other communities, including Eden Prairie at $11,500 per acre and noted Andover has a lot of latitude to raise the price of park dedication per acre. She felt it would be prudent to take that step at this time. Commissioner VanderLaan stated 10% of market value has been around forever but is exclusive to Andover when looking at the park dedication fees of other communities. Assistant Public Works Director Haas explained that 10% has been proven in court to be fair but it has not been used in Andover for years. City Administrator Dickinson stated since 1999, he has seen it used once in Andover. Assistant Public Works Director Haas explained the study showed it was just easier to use a per unit charge instead. Chairperson Nemeth referenced the earlier comment about the City adding a park and asked whether it would be a mini -park or neighborhood park and what is the location. Assistant Public Works Director Haas stated it would be in the turkey farm area and between a mini -park and neighborhood park in size, just over one -half acre with a playground shelter, and perhaps a small basketball court. However, the plans are not yet at that level of details since the plat has not been submitted. Commissioner Daninger asked about classification of the municipal gym. Assistant Public Works Director Haas stated it is a community center and not considered part of the City's park system. Commissioner Daninger stated it is nice to have the Park & Recreation Commission recommendation when the Planning Commission looks at a preliminary plat so it can be leveraged but sometimes there is a timing issue. He explained that open space and parks are popular topics so it would be good to do due diligence on this topic. Assistant Public Works Director Haas stated staff is trying to get plats to the Park & Recreation Commission first, before it comes before the Planning Commission, so their recommendation can be considered. Chairperson Nemeth stated a lot of times, the Planning Commission will be asked when a trail is going in. He asked what the Park & Recreation Commission considers with regard to trails. Assistant Public Works Director Haas stated they have just finished reviewing next trail segments over the next five years and that evaluation will be presented to the City Council in August. Andover Planning and Zoning Commission Workshop Meeting Minutes —June 12, 2018 Page 4 Chairperson Nemeth asked if there is a plan to explore the next location for trails. Assistant Public Works Director Haas reviewed several areas that are currently being considered and stated some segments are moving forward. In addition, staff is applying for DNR grants but that is a very competitive process. Public Works Director /City Engineer Berkowitz explained there is a regional trail system as well as trails within parks. The Park & Recreation Commission used to be fully involved with review of trails within parks and weighed in with their recommendation. Two years ago, the City Council asked them to get back into that consideration, which they have done. But, the challenge is money, noting the trail for Crosstown from 1401h to Bunker Lake Boulevard and segment with boardwalk will cost over $600,000. Commissioner Koehler stated the Mayor had mentioned the priority strategy was to look at and leverage the trail system to connect different trail points so it becomes useable across the City. Public Works Director /City Engineer Berkowitz stated that is still the case. Assistant Public Works Director Haas noted trails are included in the transportation section of the Comp Plan. Commissioner VanderLaan asked if $16 million is needed. Assistant Public Works Director Haas stated that is correct and explained the fees are adjusted every year depending on the types and numbers of improvements to be made. Chairperson Nemeth asked if grants can be received for all trails. Assistant Public Works Director Haas reviewed the trail locations where staff is applying for grants. Public Works Director /City Engineer Berkowitz explained to receive a grant, the trail needs to have regional significance and connection to destination points. • Draft Wastewater and Comprehensive Sewer Plan Public Works Director /City Engineer Berkowitz introduced himself and described his professional background. He explained that Assistant City Engineer Law had worked to combine all of the City's sewer data together into one detailed plan, which is updated periodically. He displayed the sewer map depicting projected service areas into the future, which is staff's best guess on areas that will be developed with sewer. He noted by 2020, most of the area within the Metropolitan Urban Service Area (MUSA) will be served. Public Works Director /City Engineer Berkowitz displayed maps depicting the existing and future sewer system, noting two - thirds of Andover is currently served by City sewer. He explained the City's original Comp Plan showed a much smaller area of development, but there has been steady development through the years. He described the three major improvements that will be necessary to handle anticipated growth and eliminate over capacity. Improvements to the Yellow Pine Lift Station will include construction of a bypass lift station for the Bluebird North Trunk Line located at Yellow Pine Street and Crosstown Boulevard. This improvement will divert all of the existing flow in the Andover Planning and Zoning Commission Workshop Meeting Minutes —June 12, 2018 Page 5 Bluebird Trunk north of Crosstown Boulevard west to the Pinewood Trunk Line and allow increased capacity for development in the Bluebird South Trunk Line (areas east of Yellow Pine Street, south of Crosstown Boulevard, north of Andover Boulevard, extending to the City's eastern limit). The Yellow Pine bypass will be constructed in the next year and serve all lots that are currently platted. The second major improvement project will include diverting a portion of the flow in the Coon Creek Trunk Line into the Bunker Lake East Trunk Line. This improvement would eliminate potential surcharging of the Crosstown Boulevard Trunk Line as development progresses. It will be completed once upstream development increases flows to near capacity in the Crosstown Trunk Line with funding from the City's Trunk Sewer Fund. Public Works Director /City Engineer Berkowitz stated the Crosstown Boulevard trunk lines are at approximately 91.5% of capacity so another bypass will go to the Bunker Lake Boulevard Trunk line when the Winslow property is developed, anticipated within the next five years. Public Works Director /City Engineer Berkowitz stated the Rural Reserve Trunk Sewer Line is priced at $2 to $3 million dollars to extend. So, the development community will need to determine whether that is a feasible option to develop that area since the improvement will be paid through area and connection fees. This trunk line would connect to the existing Crooked Lake Boulevard Trunk system at Bunker Lake Boulevard and Crooked Lake Boulevard and generally extend north, following Coon Creek, up to South Coon Creek Drive and then extend north through the center of the Rural Reserve area to 16152 Avenue. The City is cautious about who builds the infrastructure and when it is built. It is known there is good developable land to the north side of Rural Reserve area. Public Works Director /City Engineer Berkowitz stated those are the three main improvements for the ultimate buildout. The rest of the area outside MUSA is on private septic systems. He explained it would be extremely expensive to add additional capacity to the Crosstown Boulevard Trunk. So, it is most likely not feasible for areas outside MUSA to develop as they are already set up as rural lots and the assessments would be too high. This means Andover will remain two - thirds urban and one -third rural, which provides a good mix. Commissioner Koehler asked when it comes through a neighborhood, what kind of interruptions will residents experience. Public Works Director /City Engineer Berkowitz stated for the bypass extensions, there will be limited impact as it involves a directional drill with pipes pushed underground. The pipe will also be put in the ground with the Hanson Boulevard project. He noted there will be more impacts to serve the Rural Reserve area. Commissioner Koehler asked if there will be assessments. Public Works Director /City Engineer Berkowitz stated there are assessments if the property receives benefit. Andover Planning and Zoning Commission Workshop Meeting Minutes —June 12, 2018 Page 6 Commissioner Koehler asked about the disruption with the sewer line along South Coon Creek and if it should have been done years ago with the watermain installation. Public Works Director /City Engineer Berkowitz stated there will be limited disruption as it will be directionally bored under South Coon Creek Drive. Commissioner Sims asked about final sewer connections and if the City provides treatment. Public Works Director /City Engineer Berkowitz used a map to point out the location of the 36 -inch line and Crooked Lake interceptor that goes through the Met Council system to St. Paul for treatment. He explained the level of treatment over the years has been greatly reduced because of low -flow toilets and washing machines as well as the requirement to address inflow /infiltration (I/1). Because of those efforts, the Met Council system now has additional capacity. Commissioner Sims asked what the City's water treatment plant handles. Public Works Director /City Engineer Berkowitz explained it treats the City's drinking water supply. Commissioner Loehlein asked whether the ratio of two - thirds on sanitary sewer and one - third not on sanitary sewer is based on population. Public Works Director /City Engineer Berkowitz answered in the affirmative. Commissioner Daninger suggested taking a moment to remember Winslow, who saw long term and had a great concern with the sewer. Commissioner Daninger noted the property north of 161St Avenue was discussed about the sewer capacity, new technology, and limited number of connections and asked whether the City correctly predicted the level of connections. Public Works Director /City Engineer Berkowitz stated he thinks the City predicted the best possible based on the information available at the time. Commissioner Daninger stated there were many meetings when this was discussed and asked if it worked out as anticipated. Public Works Director /City Engineer Berkowitz answered in the affirmative, noting it has been pushed to the limit. He explained the City uses 225 gallons per connection but the Met Council uses 274 gallons per connection and the average may now be less than 225 gallons. Also, the system is designed at 95% capacity, not 100% capacity, and long ago the bypasses were identified so the system could be balanced. Chairperson Nemeth stated his recollection of the discussion and staff mention that as the development pushed to the north, there were additional units so the capacity could be met. Commissioner Daninger asked how it is known when the system does not work. Public Works Director /City Engineer Berkowitz stated there would be surcharges in the manholes, especially at lower elevations because the manholes cannot keep up and at a point, it will come out in the resident's basements. Andover Planning and Zoning Commission Workshop Meeting Minutes — June 12, 2018 Page 7 Commissioner Koehler asked whether 95% of capacity is an industry standard. Public Works Director /City Engineer Berkowitz stated it is his comfort level and he does not know what other cities use. Commissioner Koehler stated he does capacity planning in other areas (HVAC /electrical) and has never heard of using a number as high as 95 %. Public Works Director /City Engineer Berkowitz drew a diagram to explain the flow capacity and flow level. City Administrator Dickinson clarified it addresses peak flow at certain times of the day, not constant flow. Commissioner Koehler asked if it matters whether peak or not once it exceeds 100 %. Commissioner VanderLaan commented on past discussions with Winslow. She originally thought that 95% may be too close but then it was stressed this was only during peak flows so it was then a comfortable number. Chairperson Nemeth noted Lift Stations 4 and 9 are to be determined and asked when it will be decided that it needs to be updated. Public Works Director /City Engineer Berkowitz stated Lift Station 9 was originally put in to serve the Country Oaks West lots. Then, when it was determined they would develop farther north, it was decided a larger higher capacity pump was needed and that work has been done. Lift Station 4 is in the middle of a large service area. Two improvements were done to increase the forcemain and pump and now it will be based on capacity. Public Works Director /City Engineer Berkowitz explained the City charges a fee for new developments to fund the improvement so it will be determined based on function, failure, and theoretical numbers. Chairperson Nemeth referenced I/I policies and asked how the City knows when there is a drain connected to the sanitary sewer system. Public Works Director /City Engineer Berkowitz explained since Andover is a relatively new community, it has not occurred in the last 20 years. However, there could be some illegal connections and if discovered, the City would pursue having those disconnected. He noted the Building Department inspector makes sure garage floor and other types of drains are not connected. In addition, most of the City's system is constructed of PVC, manhole leaks are sealed, and the system is televised. Chairperson Nemeth asked if the City anticipates septic systems will not come on line for many years due to the high cost and there are no mains to which they can connect. Public Works Director /City Engineer Berkowitz explained at one time, there was talk about an interceptor up 7th Avenue but that has gone away. He noted it would cost millions of dollars to serve those areas so larger -sized rural lots would have to be subdivided multiple times to make it financially feasible. Commissioner Loehlein asked if there is a system that monitors flow rates in pipes. Public Works Director /City Engineer Berkowitz stated there is no mechanical monitoring equipment. It is based on theoretical calculations and how lift stations are operating. If staff sees an issue with a surcharge, then an individual flow meter can be installed. Andover Planning and Zoning Commission Workshop Meeting Minutes —June 12, 2018 Page 8 Chairperson Nemeth asked how much capacity will be alleviated by the Bluebird North Trunk Line that will go to the Yellow Pine bypass. Public Works Director /City Engineer Berkowitz stated it will lower capacity to 72% by going down to the Pinewood Trunk Line that is at 32% capacity. OTHER BUSINESS. None. ADJOURNMENT. Motion by Commissioner Loehlein, seconded by Commissioner Daninger, to adjourn the meeting at 6:33 p.m. Motion carried on a 7 -ayes, 0 -nays, 0- absent vote. Respectfully Submitted, Carla Wirth, Recording Secretary TimeSaver Off Site Secretarial, Inc. PLANNING AND ZONING COMMISSION MEETING —JUNE 12, 2018 The Regular Bi- Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Kyle Nemeth on June 12, 2018, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Dean Daninger, Scott Hudson, Bert Koehler IV, Nick Loehlein, Jeff Sims, and Mary VanderLaan Commissioners absent: None Also present: Community Development Director Joe Janish City Planner, Stephanie Hanson Others PLEDGE OFALLEGIANCE. APPROVAL OFMINUTES. May 22, 2018, Regular Meeting City Planner Hanson requested the following change to the regular meeting minutes: Page 13, line 12, change contract to conflict Commissioner Loehlein requested the following change to the regular minutes: Page 4, line 12, change Departments to Department's Commissioner VanderLaan requested the following changes to the regular minutes: Page 2, line 5, change Jarvin to Jivaro Page 3, line 40, change well to wells Page 5, line 5, change then to than Chairperson Nemeth requested the following changes to the regular minutes: Page 2, line 45, add comma after the word review Page 3, line 2, add comma after the word acres Page 4, line 9, change notice to notices Page 4, line 16, change reports to report Page 4, line 26, `...as part of a preliminary plat.' Regular Andover Planning and Zoning Commission Meeting Minutes -June 12, 2018 Page 2 Page 5, line 35, `...the entire proposed Phase 1 concept. The development purpose...' Page 5, line 39, change Martins to Martin's Page 6, line 8, change us to use Page 6, line 9, change Martins to Martin's Page 6, line 32, change Martins to Martin's Page 7, line 1, `...inquired about the quality of the homeowner's association...' Page 7, line 28, add comma after the word development Page 8, line 12, `Valley View Drive' Page 8, line 31, '-was she than originally shared...' Page 8, line 35, `...60 -feet of right -of -way and this...' Page 9, line 5, `...a fire truck tried to make a turns on 1681h Avenue...' Page 9, line 9, `...left the dais meeting at 9'24 p.m....' Page 9, line 23, change Martins to Martin's Page 9, line 36, `Valley View Drive' Page 10, lines 17 -18, change Martins to Martin's Page 12, line 32, `Valley View Drive' Motion by VanderLaan, seconded by Sims, to approve the minutes as revised. Motion carried on a 6 -ayes, 0 -nays, 1- present (Hudson), 0- absent vote. CHANGEAUGUST 14, 2018, , REGULAR MEETING DATE AND LOCATION. City Planner Hanson explained that due to primaries being held on Tuesday, August 14, 2018, staff recommends rescheduling the meeting of Tuesday, August 14, to Wednesday, August 15. In addition, the City Council Chambers is scheduled to be remodeled so it is also recommended that the location of the August meeting be moved to the community room at the Anoka County Sheriff's Office, 13301 Hanson Boulevard NW. Motion by Daninger, seconded by Hudson, to reschedule the August 14, 2018, meeting to August 15, 2018, and change the location from the City Hall Council Chambers to community room at the Anoka County Sheriff's Office, 13301 Hanson Boulevard NW. Motion carried on a 7 -ayes, 0 -nays, 0- absent vote. REORDER A Chairperson Nemeth indicated the agenda would be reordered to consider Item 6 prior to Item 5. PUBLIC HEARING. Variance Request to reduce the required width at the front yard setback from 300 feet to 200 feet -167h Avenue NW and Maniteau Blvd. NW. Chairperson Nemeth stated since he knows a party to the applicant, he will recuse himself from commenting and voting on this item but will still direct the meeting. Regular Andover Planning and Zoning Commission Meeting Minutes —June 12, 2018 Page 3 City Planner Hanson noted the purpose of this item is to hold a public hearing and take input on a variance request for the properties located at 167th Avenue NW and Maniteau Boulevard NW to reduce the required width of the lots at the front yard setback to allow for a future lot split. City Planner Hanson reviewed the proposed variance request with the Commission. The proposed variance requests are to reduce the required lot width at the front yard setback from 300 feet to 101 feet, 102 feet, and 110 feet for the purpose of subdividing the two properties into three lots. Per City Code, a property must have a 50 -foot width at the street. She stated each of the lots would meet that requirement. City Planner Hanson noted the existing two lots meet Code requirements for lot width, depth, and area. However, if the lots are further subdivided, each lot will require a variance for lot width at the front yard setback but will meet Code requirements of 50- foot lot width at the right -of -way. She presented an exhibit showing the proposed variance request and sizes of surrounding existing lots and proposed lots. City Planner Hanson explained that as shown on the concept lot split plan, it will create a nonconforming landlocked property shown as Lot 4. At this time, the landowners are working on a possible conservation easement over the property. If the land trust does not obtain Lot 4, the property must be combined with the property to the north or an adjacent property as to not create a landlocked parcel. This item will be discussed between staff and the property owners. City Planner Hanson presented the review criteria required for variance consideration, noting the Comprehensive Plan and other adopted plans, such as the Transportation Plan and City Codes, must be taken into consideration. She noted the staff report identifies Code sections that pertain to this -type of land': split. City Planner Hanson stated the Comprehensive Plan describes goals, objectives, and policies that trust be taken into consideration when the City is planning for the future of the community.. She reviewed the Land Use goal is to allow residential growth while maintaining the quality of natural resources and amenities. In this case, the landowners are currently working with a conservation agency to possibly place a conservation easement on Lot 4, the northernmost lot. The conservation easement would protect the resources and the property would be enhanced by planting native vegetation and restoring natural wetlands on the property. City Planner Hanson stated the lots within the Rum River development area must be a minimum of four acres and each of the proposed lots exceed the 4 -acre minimum lot size so the density requirement is being met. City Planner Hanson explained within the Transportation section, a goal is to enhance accessibility by providing an interconnected multi -use trail system and the proposed trail easement provides an accessible trail system that links residential neighborhoods and park areas. She explained when the land to the north developed, staff wanted a trail connection at the end of Argon to connect neighborhoods. But, that connection was Regular Andover Planning and Zoning Commission Meeting Minutes — June 12, 2018 Page 4 never made so staff sees the benefit of taking a trail easement through Lot 4 to link the park areas if the variances are approved. City Planner Hanson stated a Parks & Open Space goal is to promote, protect, preserve, and enhance the City's natural and open space for the enjoyment of residents, protection of water and air quality, and the preservation of wildlife habitat. The proposed plan for a trail easement will provide passive recreational trails and allow public enjoyment of the natural area. City Planner Hanson stated the Transportation Plan's goals mention providing multi - model, transportation options, and enhancing an accessible trail system. The proposed trail easement will link neighborhoods and parks. City Planner Hanson stated the City Code has variance criteria as, and since this property is on the Rum River, City Code 13 -5 Bluffland and Riverland Development, regulates development in order to protect and preserve the scenic, recreational, natural, historical, and scientific values of the Rum River consistent with Statutes and the Management Plan for the Rum River. Staff talked with Mr. Lein, the applicant, to discuss the variance criteria. City Planner Hanson stated the request would use the property in a reasonable manner, the lot width is met at public right -of -way, but variances are needed at the setback. She noted the photograph in the report shows the site is dense with vegetation and a lot of large trees. City Planner Hanson stated another thing to consider is that there would be an additional building pad if the lot split moves forward. The view looking west will see a driveway but the building pad is in the back by the River due to the contours of the land, bluff line, and flood plain. When you look at the River view, the houses on the two lots closest to the road cannot be seen from the River. The house on Lot 2 may be able to be seen from the River. With regard: to the plight of the owner, City Planner Hanson noted it is due to circumstances unique to the property and not created by the landowner. She stated the landowners have been splitting off lots, some in the 1960s and 1970s, but Codes evolve over time so the lot size requirements have changed. The land has been in this family for seven generations. City Planner Hanson addressed the density requirement on the River, noting all lots meet the 4 -acre minimum, setbacks from neighboring structures will be great enough to maintain the rural character, and the houses will be buffered by the heavily vegetated area. The site is heavily wooded and a minimal number of trees would be removed for construction. These lots have more strict standards since they are on the River and no clear cutting is allowed except on the building pad. Trees smaller than 4 inches in diameter and underbrush can be cleared. Regular Andover Planning and Zoning Commission Meeting Minutes — June 12, 2018 Page 5 City Planner Hanson stated the variance is not going to increase the density, all have 4- acre minimums, it would be a residential development which is a permitted use in this area, and the additional building pad (Lot 2) will not alter the character of the neighborhood. City Planner Hanson noted with the Comprehensive Plan and Transportation Plan, it is the goal to interconnect trails with parks and neighborhoods. She explained when Timber Rivers, the residential development to the north, was built the City recommended the connection of the two neighborhoods; however, that trail easement was never obtained. City Planner Hanson stated for agency reviews, City Code 13 -5 Bluffland and Riverland Development, regulates development along the Rum River in a manner consistent with Minnesota Statutes and the Management Plan for the Rum River. The City of Andover is the governing unit to administer the Code; however, does need to notify the Minnesota Department of Natural Resources (MnDNR) of land use requests on the Rum River. She stated she has notified the area hydrologist of this public hearing and provided the report. He had acknowledged receipt of the information but has not submitted comments. City Planner Hanson described next 'steps if the variances are granted. The lot split will be completed administratively. The applicant will be required to submit grading plans, soil borings, tree preservation plan, and surveys. The survey must reflect trail location. A wetland delineation has been completed and is under review by the Lower Rum River Water Management Organization (LRRWMO). The applicant and City staff will continue to work together to ensure the goals of the Comprehensive Plan are met and the Commission, Council, and staff comments are satisfactorily addressed. City PIanner Hanson noted the meeting information includes a resident letter of support and a petition of support. Today staff received an e -mail which was provided to the commissioners, from one of the landowners that will become part of the public record. City Planner Hanson stated the Planning and Zoning Commission is asked to hold a public hearing for the variance requests, compare the variance requests with the review criteria of City Code 12 -14 -7 }'and make a recommendation of approval or denial based on findings of fact to the City'Council. She noted staff drafted resolutions with potential findings of fact the Commission may want to consider when recommending approval or denial of the variance requests. If the City Council approves the variance requests, then the applicant will work with staff to begin the process of the lot split. Chairperson Nemeth asked if the Commissioners had questions of staff. Commissioner Koehler questioned, if there is no conservancy easement, then the lot configuration is not known. City Planner Hanson explained the lots will absorb the easement and become a little bit bigger. Regular Andover Planning and Zoning Commission Meeting Minutes — June 12, 2018 Page 6 Commissioner VanderLaan referenced the memo from Public Works Director /City Engineer Berkowitz addressing ownership, maintenance, and development of the trail, noting it is considered an interior trail, not identified as a regional trail. She asked how the conservancy easement will be addressed when this property is developed. She stated the report talked about the land trust, an organization tapped to assist with the trail, and asked if it is federally or privately funded. Commissioner VanderLaan stated support for the trail and linkage it would provide but asked if it would result in the City holding property it does not have funds to develop or maintain. City Planner Hanson explained this is a proposal from the landowners of the trail easement and those questions will be worked out with the City Council and property owner as to who will develop, own, and maintain the trail. Commissioner Sims asked about the zoning of surrounding lots. City Planner Hanson displayed a zoning map and stated it is all Rural Residential. Commissioner Sims asked if .7 acre lots were the standard at the time it was developed. City Planner Hanson stated she does not know but now the lots range from 1.5-acres-to 2 acres and others along the River are 4 acres. Motion by Daninger, seconded by Sims, to open the public hearing at 7:37 p.m. Motion carried on a 6 -ayes, 0 -nays, 1- present (Nemeth), 0- absent vote. Charles Lehn, 499 1651h Avenue NW, stated he is representing his family in this request. He stated he is in the seventh- generation ownership with this property and represents part of 160 years of heritage on these properties, which goes back to their relatives who came from Ireland to find a better- way of life. The owners now would like to relinquish ownership of some of their properties and are asking the Planning Commission to consider that their family has been there for quite some time and would like to retain portions of the property. With regard to the Conservancy for Lot 4, Mr. Lehn explained that would be addressed by the owners who are negotiating with the Minnesota Land Trust. He noted the owners had started with five lots but they were nonconforming, so the request was reduced to four lots to meet the ,City's criteria and retain as much property as possible while selling three lots to obtain as much opportunity as possible. They have already taken steps with the delineation. With the trail, there have been questions whether the City would be interested in purchasing that piece of land but that did not occur. However, they are aware of the desire to connect the two neighborhoods and propose a 15 -foot trail to connect the two neighborhoods. He stated the property owners request the Planning Commission recommend a veterans' memorial scenic river trail in special consideration of his grandfather, a WWII veteran, and his loving wife. Mr. Lehn stated the Minnesota Land Trust is very interested in this property and seeking other properties along the Rum River so he is in continuous discussion with them and will let them know of the decision tonight. Regular Andover Planning and Zoning Commission Meeting Minutes —dune 12, 2018 Page 7 Mr. Lehn thanked City Planner Hanson for her assistance in getting to this point, noting the trail can also provide a community amenity that will last forever as they will dedicate the easement. But they are not in a position to develop the trail. He stated if approved, this would have to be brought forward to the Park & Recreation Commission, so it can be included in the Comp Plan that is currently being updated. Commissioner Daninger stated he understands the cost of the trail and asked if the variance is not granted and two lots are conforming, would the property owners still dedicate the trail in honor of his grandfather, a WWII veteran. Mr. Lehn stated that has not yet been discussed with the owners, noting they are trying to maximize the benefits of the property. Commissioner Daninger stated this property; has been in the family for a long time and asked if the land with such rich history, is for sale to the family or will it be on the open market. Mr. Lehn stated the property has not yet been appraised so that will be considered in due time but to sell on the open market is one option. Chairperson Nemeth invited the public to come forward to make comment. John Sweigert, 16636 Maniteau Boulevard, stated he lives two doors down and asked if the variance is for a 200 -foot lot width or 100 -foot lot width. City Planner Hanson stated there was a typo in the letter and clarified it is three lots 100 feet at the front yard setback. Mr. Sweigert stated he has resided there for 20 years and loves the rural area. Before, he lived in Champlin on the Mississippi River where there was a similar situation. However, Champlin had sewer and water so that area has now been redeveloped into 100 -foot lots. Mr. Sweigert stated he had contacted the Met Council to ask when sewer would be coming to this property, in Andover and was told 20 years, which has come and gone. He asked if the City is prepared if he or others also want to split their lot. Frank Skubitz, 16648 Maniteau Boulevard NW, stated he lives to the south of the property under discussion. He stated they built their house, moved in 1983, and raised their family. They also purchased an additional pie- shaped lot in 2016 with an additional 100 feet of River frontage and large trees. Mr. Skubitz stated he purchased in this neighborhood because of the lifestyle it allows with nature, quietness, and easy access to roads to get to work. He stated when he saw the variance sign on the property, he wasn't sure why it was needed unless it was for two lots on Maniteau Boulevard. If that were the case, then he wouldn't be here tonight but then he got the notice and learned it was for three properties. Mr. Skubitz stated he talked to a family member and two neighbors and found the property still met the de facto original standard of 200 feet of frontage on the road. He stated if that was the case, he doesn't have a problem with the variance. But, he talked with the City Planner on June 4 about the variance and frontage and on Wednesday, the City Planner gave him the frontage dimensions. Mr. Skubitz stated he has no issue with Regular Andover Planning and Zoning Commission Meeting Minutes —June 12, 2018 Page 8 the property being sold and not meeting the 300 -foot standard and appreciates staggering the home locations but his question is three lots being jammed in with a variance, which is not appropriate with the neighborhood and sets a negative precedent with other lots in Andover where de facto standards are not being met. Mr. Skubitz stated he supported the trail as there are a lot of pedestrians in the neighborhood and it would be a nice tie into another neighborhood. Barbara Anderson, 5421 165th Lane NW, Ramsey, stated her concern is the location of the future house closest to the River. She asked about the setback from the water as it is across from her house. She stated she has had her house for 30 years and loves the scenic waterway, deer, owls, and eagle nests in the location of the future house. Ms. Anderson stated it is not unusual for her to see 15 to 30 deer in the wintertime and she is concerned about losing the wildlife. Also, when using the river, she would like it to still appear very wild and not a view of houses. Ms. Anderson stated she keeps her land as scenic as possible with wildflowers. She asked how close the future house will be to the river. City Planner Hanson stated she does not recall the distance, but it will meet the setbacks and that would be part of the lot split consideration. Mr. Lehn stated it is 150 feet from the river, Ms. Anderson stated she thought it was supposed to be 400 feet back and wants it as far back from the river as possibles so it stays as natural, wild, and beautiful as it is now. City Planner Hanson stated the location of the house would be decided by the owner and setbacks would be required to be met. She stated she will verify that distance and inform Ms. Anderson. Mr. Lehn stated it is their intent to preserve as much nature as possible and the only trees anticipated to be cleared are for the building pad. That is also why they are working with the Minnesota Land Trust to create a conservancy. He stated the request for three lots is not unreasonable, so he hopes that is what the Planning Commission will consider John Sweigert, 16636 Maniteau Boulevard, stated he will withdraw his name from the petition because he thought it was for a 200 -foot lot width. Chairperson Nemeth again asked if there was additional public input. He acknowledged the e -mail received from Rosella (Russell) Baker, one of the current owners, in support of the variance requests that is part of the public record. Motion by Daninger, seconded by VanderLaan, to close the public hearing at 8:00 p.m. Motion carried on a 6 -ayes, 0 -nays, 1- present (Nemeth), 0- absent vote. Commissioner Daninger referenced the map and asked where the addresses are located for those who signed the petition, noting not many properties are adjacent to the variance Regular Andover Planning and Zoning Commission Meeting Minutes —June 12, 2018 Page 9 request. City Planner Hanson stated she spoke with the property owner across the street who supported the variance if the property is not clear cut. Commissioner Koehler asked whether that neighbor was aware the variance was for a 100 foot width. City Planner Hanson answered in the affirmative. Commissioner Koehler stated the property owner can build a home currently on Lot 2 without any variances. City Planner Hanson confirmed that was correct. Commissioner Koehler noted whether or not the variances are approved, that house can be built. City Planner Hanson confirmed that Lots 1 and 3 both have building pads. Commissioner Koehler asked if setbacks along the river change between Andover and Ramsey. City Planner Hanson stated they do not. Commissioner Koehler asked if no home in Ramsey would be closer to the river than this one can be placed. City Planner Hanson stated that is correct. Commissioner Hudson asked if there are many properties that could meet the size criteria and be split into two lots with 100 -foot setbacks. City Planner Hanson stated there are not, as most are at 1 acre and a 2.5 acre minimum is required in Rural Residential. Also, along the river you need 4 acres. Commissioner VanderLaan stated it is noteworthy that 50 years ago in April, the Wild and Scenic River Act was passed by the national government to protect our riverways. Now, the Planning Commission has an example in front of them and a comment by Ramsey to protect the river. She noted there is a delineation line to protect the wildlife and waterway, which is federal law so a home cannot be built in that area. Commissioner VanderLaan stated a;year Iater, the Shoreland rezoning stopped a lot of things and helped protect the river, noting the 4 -acre requirement preserves wetlands, trees, and the desire of long -term residents to protect and preserve this property. Commissioner VanderLaan stated she supports the proposal as it is. Commissioner Loehlein stated from his perspective, he is supportive of the variance as it maintains the 4 acres and does not violate intended density. He noted the unique nature of Maniteau Boulevard and 1671h Avenue coming together in a point, which creates a challenge with the shape of the lot, so approval would not set a precedent. He stated not meeting the 300 -foot lot width requirement is not a problem because what is seen from the road is the driveway. Commissioner Koehler stated at the last meeting, the Planning Commission considered a similar issue for a Planned Urban Development where the main issue was the front setback being too small and the Commission voted against it based mainly on that issue. He noted the requested front setback in this application, when compared to the other properties along the same street, is about one -third smaller. Commissioner Koehler stated he wanted to raise a challenge by asking what is different about this setback being okay. Regular Andover Planning and Zoning Commission Meeting Minutes —June 12, 2018 Page 10 Commissioner Loehlein stated for him, this request does not alter the character of the neighbor and it is only at the end of the driveway where it could be seen. In addition, this request is for three lots as opposed to 30 -some lots. Commissioner Koehler stated he wrestles with Mr. Lehn's comment that he was here long before the City and while that does not mean the family has special or different rights than others, it should be noted and taken into account that they could have done this long ago before the City was incorporated, or the laws were enacted. He noted this is a hodgepodge neighborhood, but he thinks this proposal breaks up the front lot line along the street. But when you take the neighborhood at a larger scale, then it fits as it is a hodgepodge neighborhood. Commissioner Koehler stated at this point, he is undecided. Commissioner Sims stated his concern is the fourth lot to the north and not knowing what will be happening with it at this time. He stated he would feel better voting on this once it is known what will happen or if it will be sold to the Minnesota Land Trust. If not sold, he asked if the Planning Commission would again see this request. City Planner Hanson explained the approval resolution addresses what would have to happen with Lot 4. In addition, the two lots would not change if the Minnesota Land Trust does not take Lot 4, It would be absorbed by the other two lots. She stated either way, it will not come before the Planning Commission as it would be an administrative lot split. Commissioner VanderLaan thanked Commissioner Koehler for the challenge and noted in retrospect, all were struggling to figure out the PUD at the last meeting. She stated it was not the setback she voted against but the density. She stated she looks at this density as being a large piece of land, but she does not want to see more lots in this area and the Planning, Commission is only addressing the variance request to the setback at this time, not the trail issue. She stated the Planning Commission has to ask if it is or is not appropriate. Mr. Lehn offered a clarification that if they worked with the Minnesota Land Trust, the property owner would retain ownership of Lot 4. They do not intend to sell the conservancy easement to the Minnesota Land Trust. Commissioner Sims referenced Page 3 detailing City Code criteria to consider a variance requiring practical difficulties. He stated the applicant has indicated they want to get the most out of this opportunity, so he questioned whether that is a practical difficulty or if it is the pie -shape of the lot that creates the difficulty. Commissioner Koehler stated he wrestles with the same question. Regular Andover Planning and Zoning Commission Meeting Minutes —June 12, 2018 Page 11 Commissioner Loehlein noted the draft resolution recommending approval of the variances contains findings of fact to support the approval. If the Planning Commission supports recommending denial, rational would need to be added to that draft resolution. Motion by Loehlein, seconded by VanderLaan, to recommend to the City Council approval of variance requests to reduce the required width at the front yard setback from 300 feet to 100 feet for the purpose of subdividing the two properties into three lots at 1671h Avenue NW and Maniteau Boulevard NW. Motion failed on a 3 -ayes (Loehlein, Hudson, VanderLaan), 3 -nays (Daninger, Koehler, Sims), I- present (Nemeth), 0- absent vote. Commissioner Daninger stated he is very conservative and finds no reason for a variance when the property can remain as two lots. He found the variances are to create economic gain to get three lots. In addition, two lots would appease. He stated he had asked if the ownership would stay in the family but that had no bearing on his vote. He stated this is a large variance and even though it may look good, he will follow the rules. Commissioner Koehler referenced the comment by Commissioner Sims asking about the rationale for the variance, which he finds is to sell three lots. He noted the two lots can still be built on and the conversancy can still be created. Commissioner Koehler stated if the request had been to cut the requirement by a couple feet, that would be okay, but this is a massive change. He does not see anything here i but economic gain to sell three lots instead of two lots and the conversancy is,not part of the variance consideration. Chairperson Nemeth stated the Planning Commission is at an impasse and asked whether one member would need to change their position, or another motion presented. Motion by Koehler,' seconded by Sims, to recommend to the City Council denial of variance requests to reduce the required width at the front yard setback from 300 feet to 100 feet for the purpose of subdividing the two properties into three lots at 167th Avenue NW and Maniteau Boulevard NW, based on the following rationale: 1. The variances would alter the nature of the community as the properties to the left and right down the street are significantly wider at the front and setback lines. 2. The variances would drastically alter community that values natural resources around it. 3. The variances would create more of an urban setting. Commissioner Loehlein stated he will support this motion for denial as it moves the application forward to the City Council but is not necessarily in full agreement with the rational stated by Commissioner Koehler. Commissioner VanderLaan stated that's a sensible observation because if denied, it will go to the City Council, so they can discuss it and embrace the comprehensive ideas such as preservation of land and reducing the number of lots to two rather than three. She noted obviously, there are some other considerations and a strong economic Regular Andover Planning and Zoning Commission Meeting Minutes —June 12, 2018 Page 12 consideration, so she will change her vote in order to move it to City Council to resolve the application as the Planning Commission is only advisory. Motion carried on a 5 -ayes (Daninger, Koehler, Loehlein, Sims, VanderLaan), 1 -nay (Hudson), 1- present (Nemeth), 0- absent vote. City Planner Hanson stated this item would be before the Council at the July 17, 2018, City Council meeting. PUBLIC HEARING. To consider City Code Amendments to Title 12, Accessory Structures. Community Development Director Janish noted the purpose of this item is to hold a public hearing and take input on a potential modification to the City Code related to accessory structures (portable items) and sizes and make a recommendation to the City Council. He noted the Planning Commission considered this amendment in late 2017, and made a recommendation to the City Council. On November 14, 2017, the City Council tabled action and reviewed the proposal at several Work Sessions. During that review by City Council, staff was directed to clean up the ordinance language to make it easier to read, comprehend and allow architectural features compatible to principal structures in lieu of prohibiting steel exterior wall sheathing (i.e., pole sheds). Staff worked together to revise the draft ordinance, which was considered at the April 24, 2018, City Council Work Session. At that meeting, staff was directed to bring the draft ordinance through the adoption process. Community Development Director .Tartish reviewed highlights of the revised ordinance that was rewritten for ease of understanding; `shipping and storage containers' language was added to Temporary structures; architecturally compatible language is included; and language related to architectural standards for lots `less than 2.5 acres' vs. `less than 3 acres' has been modified. This change will allow for vertical steel siding on lots 2.5 acres or greater vs. the current 3 acres or greater. He referenced the map included in the meeting packet,, noting it identifies the location where steel buildings could be built should the lot size be changed to 2.5 acres. Community Development Director Janish noted staff has provided a full draft version and the original version of the ordinance instead of a redline copy. He stated staff recommends the Planning and Zoning Commission conduct a Public Hearing to review and discuss the proposed ordinance and consider a recommendation to the City Council. Chairperson Nemeth asked whether the Commissioners had questions of staff. Commissioner Sims asked if he needed to recuse himself since he owns a 2.5 -acre lot. Community Development Director Janish stated he would not need to but if he felt conflicted, he could certainly abstain. Commissioner Koehler stated since Commissioner Regular Andover Planning and Zoning Commission Meeting Minutes —June 12, 2018 Page 13 Sims raised the issue, he would recommend Commissioner Sims abstain from this discussion. Commissioner Sims stated he would recuse himself from this discussion and vote. Motion by Koehler, seconded by Hudson, to open the public hearing at 8:37 p.m. Motion carried on a 6 -ayes, 0 -nays, 1- present (Sims), 0- absent vote. There was no public input. Motion by Hudson, seconded by Daninger, to close the public hearing at 8:37 p.m. Motion carried on a 6 -ayes, 0 -nays, 1- present (Sims), 0- absent vote. Chairperson Nemeth stated he has a question about lots that are five acres and larger in residential districts other than R -4, noting the language indicates, `The maximum allowable area of accessory structures shall be limited only by the setbacks, maximum impervious land coverage requirements of this Code.' Community Development Director Janish replied that reflects the current language as it is today. Chairperson Nemeth noted if somebody had 'a 2,500 square foot house they could build a 10,000 square foot building. Community Development Director Janish stated or a potentially 20,000 square foot building. , He stated staff did add some clarity to this section because the older version did not provide the limitations. He explained that typically when individuals on five acres come forward and ask for a 10,000 square foot shed, building department staff meet with them to determine what is occurring there as the average resident is not looking for a 10,000 square foot accessory structure unless for the potential of some type of business. Chairperson Nemeth noted if the property is anything over 2.5 acres, you can construct a steel pole building. Community Development Director Janish confirmed that is correct. Commissioner VanderLaan' asked about building height if solar panels are added. Community Development Director Janish explained that as the ordinance is written, he would interpret that solar panels would not count into the height as it measures from the average ground level to half the height of the highest distance. Commissioner Koehler stated he remembers a workshop many years ago on solar panels and there were separate restrictions on how far they could be off the roof surface as well as the angle of the panels so it may be regulated by a separate ordinance. City Planner Hanson stated that is correct. Chairperson Nemeth raised the scenario of a house and garage with an addition onto the garage for two cars, one with a commercial height door. He asked which one is used to measure height. Community Development Director Janish stated it would be measured from the highest peak and the maximum height depends on the zoning district. Regular Andover Planning and Zoning Commission Meeting Minutes — June 12, 2018 Page 14 Commissioner Koehler asked if he knows of a property that meets that description. Chairperson Nemeth stated his neighbor's property is similar to what he described. Commissioner VanderLaan stated she thinks this ordinance is needed and a compliment is in order for Commissioner Koehler as she recalls a discussion when a young man wanted a large building holding nine or ten cars, was going to stack cars with a lift, and wanted to fix cars. She recalled that Commissioner Koehler had tactfully said you cannot fix cars there for money, you have to do it free of charge, and as a result that request has not resurfaced. She stated this is not talking about buildings to fix cars or the use but construction of structures. Community Development Director Janish stated that is correct, it relates to the appearance of the building. Motion by Daninger, seconded by Hudson, to recommend to the City Council approval of Code amendments to Title 12, Accessory Structures. Motion carried on a 5 -ayes, 1- nay (Nemeth), 1- present (Sims), 0- absent vote. OTHER BUSINESS. City Planner Hanson provided an update on planning cases forwarded to the City Council and upcoming agenda items. Chairperson Nemeth asked about FunFest and the opportunity to volunteer. Community Development Director Janish stated Fun Fest is July 14, 2018, and information will be e- mailed next week. Commissioner Koehler asked whether there will be a second Planning Commission meeting in June. City Planner Hanson stated there are no regular agenda items, but a workshop meeting could be held to review another section of the Comp Plan. ADJOURNMENT. Motion by Loehlein, seconded by Koehler, to adjourn the meeting at 8:52 p.m. Motion carried on a 7 -ayes, 0 -nays, 0- absent vote. Respectfully Submitted, Carla Wirth, Recording Secretary TimeSaver Off Site Secretarial, Inc. 2 3 4 5 6 7 8 PLANNING AND ZONING COMMISSION WORK SESSION MEETING — 9 JULY24, 2018 10 11 12 The Work Session Meeting of the Andover Planning and Zoning Commission was called 13 to order by Bert Koehler, IV, on July 24, 2018, 6:00 p.m., at the Andover City Hall, 1685 14 Crosstown Boulevard NW, Andover, Minnesota. 15 16 Commissioners present: Dean Daninger, Nick Loehlein, Kyle Nemeth (via phone) 17 Jeff Sims and Mary VanderLaan 18 19 Commissioners absent: Scott Hudson 20 21 Also present: Community Development Director Joe Janish 22 City Planner, Stephanie Hanson 23 Others 24 25 26 CALL TO ORDER 27 28 DISCUSSION OF 2018 COMPREHENSIVE PLAN UPDATE 29 30 Ms. Hanson and Mr. Janish presented information regarding the 2018 Comprehensive 31 Plan Update, with a focus on land use. The meeting was intended to be only 32 informational. 33 34 Staff provided the Metropolitan Council's system statement. Ms. Hanson explained the 35 need to abide by their system statement, which correlates to the updates in the 36 Comprehensive Plan. A significant number of changes are not anticipated to the City's 37 Comp Plan. Data will need to be updated with information from the County and Met 38 Council. The Comprehensive Plan update in 2008 was more complex. The Mayor has 39 talked about creating more commercial land, but it is not known where the City would do 40 that. 41 42 Commissioner Sims arrived. 43 44 Ms. Hanson described Thrive MSP 2040. The Metropolitan Council prepares a long - 45 range plan for the Twin Cities metropolitan area every 10 years. Each community gets 46 system statements for their City, given by the Metropolitan Council. The City must meet 47 the requirements for the community and that is why the plan must be updated by Andover Planning and Zoning Commission Work Session Meeting Minutes — July 24, 2018 Page 2 1 December 31, 2018. The City already asked for an extension until June of 2019 because 2 of extended discussion regarding the rural reserve. Ms. Hanson expects the work to be 3 done shortly after December. The Planning and Zoning Commission will discuss topics 4 related to water at the work session in August on the Comp Plan. The Comp Plan process 5 includes having a public hearing, updates will go to the Council for approval and then to 6 the Metropolitan Council. 7 8 Commissioner Koehler asked if the old and new plan would be shared at the public 9 hearing. Ms. Hanson confirmed that would occur. 10 11 Ms. Hanson went on to explain that the land use section will need to be updated. 12 Population estimates are a little bit higher and Met Council is aware of that. This is 13 because there are many factors such as market, land use costs, etc., that go into 14 forecasting. It is a challenge to provide all types of housing in a community. Ms. 15 Hanson was not sure how those numbers are determined for the different types of 16 housing, by Met Council. The allocation for Andover is 483 units of affordable housing. 17 This number of housing units provides other options for housing in the community to 18 meet the needs of a variety of residents. 19 20 Nick Loehlein asked if this is the number of new high- density units needed. Ms. Hanson 21 confirmed it is the number of affordable housing units; this does not necessarily mean it 22 needs to be high density. 23 24 Mr. Janish showed on a map where some high - density units could potentially be placed 25 in the City. A PUD will likely be involved. He commented that land in Andover is very 26 expensive and so it is harder to put in lower cost housing and that other cities have that 27 same issue. Met Council does not dictate or recommend how this is to be done. 28 29 Commissioner Koehler asked how affordable housing is calculated. Mr. Janish indicated 3o that it is based on the area's median income /monthly payment. Chairperson Nemeth 31 pointed out that the structure of a home loan can change the payment, affecting the data. 32 Mr. Janish explained that each project is evaluated for affordability. Chairperson Nemeth 33 responded that the Commission has discussed this issue in the past and that the cost of 34 development is high in the rural reserve area due to sewer and water, etc. The point was 35 made that houses that are more affordable should be closer to public transit lines such as 36 Bunker Lake Boulevard. There was discussion about the location of 7th and Bunker Lake 37 Boulevard as it is close to the rail line and one of the four - plexes that the City has 38 recently purchased. Ms. Hanson confirmed that there is not going to be a bus route down 39 Bunker Lake Boulevard in the future. Mr. Janish confirmed that there is really not 4o affordable housing in the City now. Staff will provide additional information about this 41 at a future meeting. 42 43 Commissioner VanderLaan asked about housing on the east side of Nightingale. Ms. 44 Hanson stated that she is under the assumption there were several units set aside as low 45 income in the Grey Oaks development. Mr. Janish indicated that developers can do a Andover Planning and Zoning Commission Work Session Meeting Minutes —July 24, 2018 Page 3 1 mixed development, however housing with mixed rates is more difficult to get financing 2 for. Chairperson Nemeth indicated that The Farmstead housing should meet some of 3 these requirements. Chairperson Nemeth requested information regarding how many 4 units are available at this time. Mr. Janish stated that the number will not be able to be 5 provided with great accuracy as they are not documented reliably going back but will be 6 documented going forward. The 177 units suggested at the time of the last Comp Plan 7 update were not met in any way. Chairperson Nemeth asked if there were any 8 repercussions by Met Council for not meeting the goal. Ms. Hanson stated that Met 9 Council is looking for a good faith effort in the community. 10 11 Ms. Hanson indicated the Met Council uses a state demographer and trend forecasting to 12 determine the data in the reports and that Andover is unique because MUSA is at full 13 capacity in the City. 14 15 Chairperson Nemeth questioned the local employment number in the report, listed at 16 5,400. 17 18 Ms. Hanson reviewed the maps and the remaining farm area, mentioning Peterson Farms 19 that is now out of the agricultural preserve and another where time has already expired. 20 She pointed out a third area where the family faun is winding down, but they have not 21 filed yet and once the filing is complete, there is an eight -year time period to wait before 22 development can occur. 23 24 There was a brief discussion around historical preservation including the Kelsey House. 25 The Commission asked that more research be done in that regard. Commissioner 26 VanderLaan noted that the Staples Cemetery has a marking for a Civil War veteran who 27 served at Gettysburg and that federal money was used to help restore it. 28 29 Chairperson Nemeth asked about the references to transit ways and aviation in the 3o document. Ms. Hanson noted there are no plans for the City in those areas. 31 32 Ms. Hanson stated that she provided copies of chapter one of the Comp Plan with 33 Commissioners to take home for further review and input. 34 35 Commissioner Sims asked if 10 years from now, whether the Commission would be 36 discussing the 2050 Comp Plan. Ms. Hanson confirmed that was accurate. 37 38 Ms. Hanson clarified, in response to Commissioner Daninger's question, the next steps 39 on the Comp Plan, and stated that there would be another work session by the 40 Commission in August to discuss all things water, an open house and a public hearing in 41 October/November. 42 43 Ms. Hanson does not expect a lot of public interest [in the open house/hearing] due to the 44 fact that there is not going to be much change in the land use. Mr. Janish reiterated that 45 residents want to know about changes in their property, roads or parks and anything else Andover Planning and Zoning Commission Work Session Meeting Minutes —July 24, 2018 Page 4 1 that may affect their neighborhood. Commissioner Daninger reminded the Commission 2 that residents affected by changes have historically been invited to the open house and 3 public hearing. This was confirmed by Ms. Hanson. Commissioners do not need to 4 attend the open house, but it could be nice for Commissioners to understand the concerns 5 and get feedback. 6 7 Commissioner Sims asked about the need for a PUD to change the density in an area. 8 Ms. Hanson confirmed the Comp Plan allows for PUD's. 9 to Commissioner Daninger asked if the City speaks to neighboring cities about these issues 11 [zoning]. Mr. Janish replied that other cities are invited to participate. Ms. Hanson noted 12 that the Comp Plan has to be submitted to all of the surrounding communities before it 13 goes to Met Council. 14 15 OTHER BUSINESS 16 17 On August 28th there will be another work session. There is also a meeting on August 18 15th 19 20 There was also discussion about online training available to Commissioners from the 21 League of Minnesota Cities. The suggestion is for staff and Commissioners to take the 22 brief course and then discuss it at an upcoming meeting. 23 24 Chairperson Nemeth recounted interactions at Andover Family Fun Fest where a couple 25 residents made nice comments about the City, both being from other nearby cities. One 26 negative comment about a park was referred to the Park & Rec Commission. 27 28 Commissioner VanderLaan noted that the frisbees were a big hit, the fireworks well 29 received and there were nice comments on the quality of the event and traffic control. 30 31 There was a question regarding who the candidates were for City Council. Staff 32 responded that it is still open for filing. 33 34 ADJOURNMENT 35 36 Motion by Koehler, seconded by Daninger, to adjourn the meeting at 7:38 p.m. Motion 37 carried on a 6 -ayes, 0 -nays, 1- absent (Hudson) vote. 38 39 Respectfully Submitted, 40 41 42 Marlene White, Recording Secretary 43 Timesaver Off Site Secretarial, Inc. C I T Y O F VNDOVER41T"r 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: Joe Janish, Community Development Director SUBJECT: PUBLIC HEARING: Interim Use Permit (IUP 18 -01) — Subordinate Classroom Structures — 16045 Nightingale St. NW — Andover Christian Church DATE: August 15, 2018 DISCUSSION The applicant, Andover Christian Church, is requesting to continue the timeframe for the removal of the subordinate classroom structures on their property. 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 and code has been updated to require an IUP vs. CUP. Aside from the past name change and change from CUP to IUP, the request remains the same. BACKGROUND A CUP 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, 2008 and 2013. The current CUP is set to expire on August 31, 2018. DISCUSSION As per Chapter 12 PERMITTED, PERMITTED ACCESORY, CONDITIONAL, INTERIM AND PROHIBITED USES list Subordinate Classrooms require an IUP. Interim Use Permit Standards The Planning and Zoning Commission shall recommend an interim use permit and the Council shall issue such interim use permit only if it finds that such use at the proposed location: 1. Will not create an excess burden on parks, streets, and other public facilities; • The subordinate classrooms have been in place since 1998 and no issues have been reported at this time. 2. Will not be injurious to the surrounding neighborhood or otherwise harm the public health, safety, and general welfare; • The subordinate structures are inspected by the Fire Department every 2 or 3 years. A condition has been included on the resolution that would also require an inspection by the building official. 3. Will not have a negative effect on the values of property and scenic views; • The subordinate classrooms have been in place since 1998 and inspected by the Fire Department every 2 or 3 years. • The applicant is not proposing to move or modify the subordinate classrooms. • Routine maintenance to the subordinate classrooms have been conducted since initially obtaining a permit to have them. 4. Will not impose additional unreasonable costs on the public; • The subordinate classrooms are the responsibility of the applicant and any costs associated with removal, and maintenance are the sole responsibility to the applicant. 5. Will be subjected to, by agreement with the owner, any conditions that the City Council has deemed appropriate for the permission of the use, including a condition that the owner may be required to provide appropriate financial surety to cover the cost of removing the interim use and any interim structures upon the expiration of the interim use permit. The next required inspection by the Fire Department is in September of 2018. If the extension is approved the Building Department has requested to conduct their inspection at the same time as the Fire Department. ACTION REQUESTED The Planning and Zoning Commission is asked to hold a public hearing and provide a recommendation to the City Council regarding the IUP request. J:n 7_bitted, Joe Janish Community Development Director Attachments Draft Resolution of Approval Draft Resolution of Denial Location Map Aerial Photograph Letter of Request Applicants Photos Previous Resolutions of Approval Email Expressing Support for IUP Request Cc: Andover Christian Church, Attn: Peggy, 16045 Nightingale St NW, Andover MN 55304 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R A RESOLUTION GRANTING AN INTERIM USE PERMIT FOR EXTENDING THE TIME FOR THE REMOVAL OF A SUBORDINATE CLASSROOM STRUCTURE ON PROPERTY LOCATED AT 16045 NIGHTINGALE STREET NW (PIN 15- 32 -24 -42 -0006) THAT PRT OF NW1 /4 OF SE1 /4 OF SEC 15 TWP 32 RGE 24 LYG SLY OF SLY R/W LINE OF CSAH NO 20 & LYG NWLY OF FOL DESC LINE: BEG AT A PT ON W LINE OF SD 1/4 1/4 663 FT S OF NW COR THEREOF, TH E PRLL /W N LINETHEREOF 402 FT, TH NELY TO A PT ON SD SLY R/W LINE 300 FT WLY OF E LINE OF SD 1/4 1/4 & THERE TERM, EX RD, SUBJ TO EASE OF REC, Anoka County, Minnesota. WHEREAS, Andover Christian Church requested an interim use permit for the use of subordinate classrooms for a five year extension on the removal of the subordinate classroom structure granted by past conditional use permits, and; WHEREAS, the Planning and Zoning Commission held a public hearing on August 15, 2018; and, WHEREAS, the Planning and Zoning Commission finds the request: 1. Will not create an excess burden on parks, streets, and other public facilities; • The subordinate classrooms have been in place since 1998 and no issues have been reported at this time. 2. Will not be injurious to the surrounding neighborhood or otherwise harm the public health, safety, and general welfare; • The subordinate structures are inspected by the Fire Department every 2 or 3 years. A condition has been included on the resolution that would also require an inspection by the building official. 3. Will not have a negative effect on the values of property and scenic views; • The subordinate classrooms have been in place since 1998 and inspected by the Fire Department every 2 or 3 years. • The applicant is not proposing to move or modify the subordinate classrooms. • Routine maintenance to the subordinate classrooms have been conducted since initially obtaining a permit to have them. 4. Will not impose additional unreasonable costs on the public; • The subordinate classrooms are the responsibility of the applicant and any costs associated with removal, and maintenance are the sole responsibility to the applicant. 5. Will be subjected to, by agreement with the owner, any conditions that the City Council has deemed appropriate for the permission of the use, including a condition that the owner may be required to provide appropriate financial surety to cover the cost of removing the interim use and any interim structures upon the expiration of the interim use permit. WHEREAS, the Planning and Zoning Commission recommends to the City Council auprovaI of the interim use permit. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby approves the interim use permit to allow for extending the time for the removal of the subordinate classroom structure(s) on property located at 16045 Nightingale Street NW with the following conditions: 1. The Interim Use Permit shall expire on August 31, 2023 at which time the temporary structures shall be removed 2. Upon the issuance of the Interim Use Permit, the Building Department shall perform an inspection of the subordinate classroom structure. Adopted by the City Council of the City of Andover on this 21S` day of August 2018. CITY OF ANDOVER Fr00*31 Michelle Harmer, Deputy City Clerk Julie Trude, Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R A RESOLUTION Denying AN INTERIM USE PERMIT FOR EXTENDING THE TIME FOR THE REMOVAL OF A SUBORDINATE CLASSROOM STRUCTURE ON PROPERTY LOCATED AT 16045 NIGHTINGALE STREET NW (PIN 15- 32 -24 -42 -0006) THAT PRT OF NW1 /4 OF SETA OF SEC 15 TWP 32 RGE 24 LYG SLY OF SLY R/W LINE OF CSAH NO 20 & LYG NWLY OF FOL DESC LINE: BEG AT A PT ON W LINE OF SD 1/4 1/4 663 FT S OF NW COR THEREOF, TH E PRLL /W N LINETHEREOF 402 FT, TH NELY TO A PT ON SD SLY R/W LINE 300 FT WLY OF E LINE OF SD 1/4 1/4 & THERE TERM, EX RD, SUBJ TO EASE OF REC, Anoka County, Minnesota. WHEREAS, Andover Christian Church requested an interim use permit for the use of subordinate classrooms for a five year extension on the removal of the subordinate classroom structure granted by past conditional use permits, and; WHEREAS, the Planning and Zoning Commission held a public hearing on August 15, 2018; and, WHEREAS, the Planning and Zoning Commission finds the request: 1. Will create an excess burden on parks, streets, and other public facilities, because 2. Will be injurious to the surrounding neighborhood or otherwise harm the public health, safety, and general welfare because .... 3. Will have a negative effect on the values of property and scenic views because ... 4. Will impose additional unreasonable costs on the public because .... 5. Will be subjected to, by agreement with the owner, any conditions that the City Council has deemed appropriate for the permission of the use, including a condition that the owner may be required to provide appropriate financial surety to cover the cost of removing the interim use and any interim structures upon the expiration of the interim use permit. WHEREAS, the Planning and Zoning Commission recommends to the City Council denial of the interim use permit. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby denies the interim use permit to allow for extending the time for the removal of the subordinate classroom structure on property located at 16045 Nightingale Street NW and orders the usage of the subordinate classrooms to cease on September 1" 2018 and to be removed from the property within 90 days. Adopted by the City Council of the City of Andover on this 21" day of August 2018. CITY OF ANDOVER ATTEST: Michelle Hartner, Deputy City Clerk Julie Trude, Mayor LOCATION MAP r Andover Christian Church AERIAL PHOTOGRAPH x ' b r r .l N 6 ANDOVER Planning Commission CHRISTIAN CHURCH City of Andover 1685 Crosstown Blvd. NW Andover, MN 55304 Wednesday, August 01, 2018 To the City Planning Commission: This letter accompanies our application for a renewal of our Conditional Use Permit in order to explain the importance of this permit for our congregation and, I believe, for our community. Since we purchased our facilities from Family of Christ Lutheran Church in 2004, Andover Christian Church has used this Youth Center multiple times a week for working with the youth of our church. We want to continue that work and this space is vital for this to happen. This facility is also part of our work in the community. Youth from the community are invited to various events we host. This facility serves as Dr. Jim Conner our "common space" when we host homeless families several weeks a Senior Pastor year as a part of Family Promise Anoka County. We are also actively engaged with two elementary schools that have high rates of free and reduced lunches. These and other efforts are our sincere attempt to be good neighbors in our area. In addition, as you will see from the pictures, the condition of the Youth Center shows our priority to keep this facility in top shape. From all appearances, both outside and in, one would not even think this is a "portable" building. This remains our commitment to the City of Andover. We are even now replacing both HVAC units in this facility. 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 this extension. Sincerely, Dr. Jim Conner Senior Pastor Office: 763.755.2537 www.andoverchurch.com Future Plans Regarding ACC's Temporary Youth Center Andover Christian Church August 2018 Our Goals: As our church seeks to minister to the families who make up our congregation as well as the people in our community, we have some clear goals that guide our decisions and priorities. • We want to be a church that is relevant and helpful for the issues and challenges both individuals and families are facing. We want to be actively doing things that will help people across this community. • We want to be good stewards of the facilities and funds that have been entrusted to us. We want to maintain our buildings in top condition. We want to use our available funds for the maximum benefit of our programs and members. • We want to be good neighbors for this entire community. Our congregation does not just exist for ourselves. We are to be a positive influence and resource for the challenges those outside our walls are facing. Our Intentions: We do not see our current Youth Center (The temporary classroom building) as the permanent space we wish to have or need. While we seek to maintain this space so that it is comfortable, pleasant and useful — it is not the space we ultimately want for our youth programing or our congregation. It is our desire to replace the current temporary structure with a permanent building that offers greater space and greater flexibility for our programs. We intend to build a structure that esthetically matches our other buildings and gives us a large multi -use space along with bathrooms and possibly additional classrooms. This space would also offer us more opportunities for programs that directly impact community families and not just our own members. There would be direct outside access for such programs to enable people from the community to easily enter and participate. We are already engaged in helping our community and we see this space as a tool to help this focus grow. Our Strategy: The construction of this new space and the replacement of our temporary youth center is dependent on some factors that we cannot directly control. This has kept us from creating a specific timeline. While we are certain the City would welcome a definite date for completion, we do not know how to plan for the following factors: • The growth of our congregation. Our members are our sole source of income. As we have more members we can move forward on this construction project. However, the growth of churches is not a simple business matter that can be easily projected. 2-0 Page 12 • The economy. Our congregation is totally dependent on the donations of our members. As a result, our income is directly affected by the health of the economy since it affects our members' lives. The financial downturn of 2008 had a major impact on the income and finances of every congregation. The volatility of the economy makes it very difficult to plan out five years, both as to our income as well as the costs of construction. These realities have not diminished our church's desire to construct this new multi- purpose space. This uncertainty has, however, created caution on our part to not make a long -term commitment to begin a project in three or four or five years which might pose a financial risk to our congregation or one that we cannot afford at that time. The conclusion of all this is to affirm to the City the intentions of our congregation: we remain committed to this project and we are ready to move forward as the circumstances allow. But during this interim period, it is very important that we be allowed to continue to use our current Youth Center as we seek to help our congregation grow and be a resource for this community. That is why we are asking the City to approve our Conditional Use Permit. Sincerely, Dr. Jim Conner, Sr. Pastor Elder Board: George Cornell, Paul Myers, Adolphus Bates and Jerry Wacker Future Building Plans - Andover Christian Church no Andover Christian Church 11/20/2017 r+►-" •� 4 [� y'. •a.• tlit 4 . � .�.Aw W a.. • 4 .. ACZ s0LA-+L MINE TEE r I . 1,I n 1�r y 7L P. Kc J y r . i NOW JO or -�o -, I ) cc— Ea*4 v (cw &I I-, J. or a r , r ACG fmrk�',� rT "mill 'YAPS, a; d' t r .i �f, } � t iiiµ' « • °"�'' ^% 4 �j�.. •a ,�.� r ,�. }, ��1'Si3F��r�'^�': xrePekL-'. ��t' i�. CXK�si�. �� $i��li;.i�'^i�+�`�''�,►-:�... _ CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R070 -13 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 3. Upon the issuance of the Conditional Use Permit, the Building Department shall perfonn an inspection of the subordinate classroom structure. Adopted by the City Council of the City of Andover on this 20`h day of August, 2013. CITY OF ANDOVER �� z ' ATTEST: Michael R. Gamache, Mayor Mi helle Hartner, Deputy City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 063-08 A RESOLUTION AMENDING CONDITIONAL USE PERMTI 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 Wh day of August 2008. CITY OF ANDOVER ATTEST: chaei R. Gamache, Mayor i6heIle 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 he 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 recommendationof 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 -7D. Adopted by the City Council of the City of Andover on this 16* day of December, 2003. CITY OF ANDOVER A 5T: Victoria Volk, City Clerk /-Michael R- Gamache, Mayor CITY OF ANDOVER. COUNTY OF ANOKA STATE OF M[NNESOTA RES, NO. R242 -99 A RESOLUTION APPROVING AN 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 (PR4 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 lying northwesterly of the following described Iine: 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 litre 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 regtested. 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 I999.' ATTEST: Victoria Volk, City Clerk CITY OF ANDOVER X .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 FAMILY 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. 9, 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 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 regdest 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 mith 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 loner than two years from the adoption of this resolution. ;) 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. NfcKelvey, Mayor Joe Janish From: Stephanie Hanson Sent: Tuesday, August 7, 2018 9:19 AM To: Joe Janish Subject: FW: Andover Christian Church From: Paula Mueller <mueller.paula @gmail.com> Sent: Monday, August 6, 2018 7:08 PM To: Stephanie Hanson <s.hanson @andovermn.gov> Subject: Andover Christian Church Hello; I received a Notice of Public Hearing regarding the Andover Christian Church as I live directly across 159th LN NW from their entry (1966 159th LN NW). I like having the church across the street, and support their wish to keep the "portable /temporary" classrooms, but ask the following: -The church adjust their pole flood lighting so it doesn't shine directly into our front windows -They plant large pine trees (similar to the ones on the west side of the lot entry on 159th) on the east side of the entry. Thanks so much for asking for neighborhood input. Paula and Dan Mueller 763 - 227 -0088 • ' i► `° 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV TO: Planning and Zoning Commissioners FROM: Dan Krumwiede, Associate Planner SUBJECT: PUBLIC HEARING: Variance Request — 3174 170th LN NW — John & Kristy Tverberg DATE: August 15, 2018 INTRODUCTION The property owners /applicants submitted a variance request for their property located at 3174 1701h LN NW. The variance request is concerning the following ordinance 12 -6 -5 Location and Setback Requirements. DISCUSSION Variance Review The code states, "In all districts accessory structures shall not be located nearer the front lot line than the principal structure; except on residential lots with a lot area of one (1) acre or more, the minimum front yard setback is sixty feet (60')." The request is to build a 36' by 36' or 1,296 square foot accessory structure that encroaches the 60 -foot front yard setback. The applicant would like to reduce the front yard setback for an accessory structure from 60 feet to 30 feet. The applicant would split off his current driveway to reach the accessory structure. A secondary curb cut would not be needed. The property at 3174 170th LN NW is a wooded property and the proposed location of the accessory structure is believed to be the best location for an accessory structure, as they hope to avoid cutting down a lot of mature trees. If the variance request is approved, the applicant will work with City staff to begin the building permit process for the accessory structure. 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. • A property owner resides in the R -1 zoning and has 2.5 acres that are heavily wooded and secluded. The location of the proposed accessory structure would be well covered from adjoining properties, due to the trees on the property. • The property has 2.5 acres so there are potential other locations for the accessory structure. 2. The plight of the property owner is due to circumstances unique to the property not created by the landowner. • The reason for the variance request is to build the accessory structure in a location on the property that has the least impact on the environment and to avoid removal of mature oak and various other types of trees on the property. • Given the property layout and his interest in having it in the front yard, the current suggested spot suggests a small amount of land will be disturbed. 3. The variance, if granted, will not alter the essential character of the locality and will not alter the rural residential character. • The variance will allow access to this accessory structure utilizing the existing driveway while leaving trees and other greenery in place not changing the appearance of the property from 170th LN NW. • By allowing extra storage, it will minimize the amount of personal items being stored outside. • Tree coverage adds to the essential character of a rural area and the applicant would like to maintain that. 4. Economic considerations alone do not constitute practical difficulties. • If the variance is not granted, they would have the cost of removing mature trees and the added cost of driveway materials to the accessory structure from the existing driveway. • The applicant is not seeking the proposed variance because of economic reasons, more so for feasibility, convenience and minimizing tree removal. Andover Review Committee (ARC) ARC discussed the variance proposal. There were no comments shared at the time. NEXT STEP This item will be heard at the September 4th City Council meeting. If the variance is granted, the applicant will be required to obtain a building permit for the accessory structure. ACTION REQUESTED The Planning and Zoning Commission is asked to hold a public hearing for the variance request, compare the variance request with the review criteria of City Code 12 -14 -7 and make a recommendation of approval or denial based on findings of fact to the City Council. Staff drafted resolutions with potential findings of fact the Commission may want to consider when recommending approval or denial of the variance requests. If City Council approves the Variance requests, then the applicant will work with staff to begin the building permit process. Attachments Resolutions of Approval and Denial Location Map Applicant's Letter City Code 12 -14 -7 Zoning Code Review Criteria Map Indicating Site Photos Survey Supplied by Applicant Res t Ly submitted, Dan Krumwiede Associate Planner Cc: John & Kristy Tverberg, 3174 170th LN NW, Andover, MN 55304 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO XXX A RESOLUTION APPROVING VARIANCES FOR PROPERTY LEGALLY DESCRIBED AS: THE E 330 FT OF WLY 660 FT OF SLY 330 FT OF NI/2 OF S1 /2 OF NW1 /4 OF SEC 9 TWP 32 RGE 24, EX RD, SUBJ TO EASE OF REC WHEREAS, the applicant has requested approval of variances to construct an accessory building which exceeds the height of the principal structure and the total square footage of the foundation of the principal structure; and WHEREAS, the Andover Review Committee has reviewed the 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 approval 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 variance to construct a garage that encroaches on the 60- foot front yard setback by 30 feet; 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: 1. The property owner proposed to use the property in a reasonable manner not permitted by an official control. • A property owner resides in the R -I zoning and has 2.5 acres that are heavily wooded and secluded. The location of the proposed accessory structure would be well covered from adjoining properties, due to the trees on the property. • The property has 2.5 acres so there are potential other locations for the accessory structure. 2. The plight of the property owner is due to circumstances unique to the property not created by the landowner. • The reason for the variance request is to build the accessory structure in a location on the property that has the least impact on the environment and to avoid removal of mature oak & various other types of trees on the property. • Given the property layout and his interest in having it in the front yard, the current suggested spot suggests a small amount of land will be disturbed. 3. The variance, if granted, will not alter the essential character of the locality and will not alter the rural residential character. • The variance will allow access to this accessory structure utilizing the existing driveway while leaving trees and other greenery in place not changing the appearance of the property from 170th LN NW. • By allowing extra storage, it will minimize the amount of personal items being stored outside. • Tree coverage adds to the essential character of a rural area and the applicant would like to maintain that. 4. Economic considerations alone do not constitute practical difficulties. • If the variance is not granted, they would have the cost of removing mature trees and the added cost of driveway materials to the accessory structure from the existing driveway. • The applicant is not seeking the proposed variance because of economic reasons, more so for feasibility, convenience and minimizing tree removal. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby approves the variances with the following conditions: 1. All appropriate building permits shall be obtained prior to commencement of the work. 2. The accessory building shall be completed within one year of the approval of the variances. Variance approvals will be invalid after such time. 3. Any occupation of the building for dwelling or business purposes shall adhere to the City of Andover City Code. 4. The accessory structure shall be designed to be architecturally compatible with the principal structure, use and neighborhood. Adopted by the City Council of the City of Andover this 4"' day of September 2018. ATTEST CITY OF ANDOVER Michelle Hartner, City Clerk Julie Trude, Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO XXX A RESOLUTION DENYING VARIANCES FOR PROPERTY LOCATED AT 3174 170th LN, PIN09- 32 -24 -23 -0015, WHEREAS, the property owners have requested approval of variances to build a garage that encroaches on the 60 -foot front yard setback. WHEREAS, pursuant to published and mailed notice thereof, the Planning and Zoning Commission has conducted a public hearing on said variance; 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 12 -6 -5; and WHEREAS, City Council completed a review of the variances, along with Planning and Zoning Commission recommendation; and WHEREAS, City Council denies the variance to build a garage that encroaches on the 60 -foot front yard setback; and WHEREAS, based on the criteria for granting a variance under City Code 12 -14 -713 and 12 -6 -5, City Council finds the following findings of fact to support the denial of the variance requests: 1. The Variance would alter the nature of the community as the accessory structure can partially be seen from the road. 2. The Variance would alter natural resources around it. 3. The Variance would take away some of the feel of a rural setting. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby denies the variance request to build an accessory structure within the 60 -foot front yard setback. Adopted by the City Council of the City of Andover this day of 12018. ATTEST CITY OF ANDOVER Michelle Hartner, City Clerk Julie Trude, Mayor COVE Location Map - 3174 170th LN NW Date Created: August 06, 2018 Disclaimer: The provider makes no representation or warranties with respect to the reuse of this data. Variance is requested to build an accessory structure (garage) encroaching approximately 30 feet or less of the 60 foot setback of the front property line. 1. The structure is proposed to be used as a detached garage. 2. The reason for the variance request is to build the structure in a location on the property that has the least impact on the environment and trying not to remove mature oak & various other types of trees on the property. 3. The variance will allow access to this accessory structure utilizing the existing driveway while leaving trees and other greenery in place not changing the appearance of the property from 170th LN NW. 4. The economic impact to the project if the variance is not granted would be the cost of removing mature trees and the added cost of the driveway materials to the accessory structure from existing driveway. Note Neighbors with adjoining property lines to the East (17026 Ivywood) & West (17025 Round Lake Blvd) have their side property lines on 170`h LN NW that require a 5 foot setback and I am requesting to be approximately 30 foot setback for this accessory structure. 1. Request For Conditional Use; Fee: The person applying for a Conditional Use Permit shall fill out and submit to the Community Development Director a request for Conditional Use Permit form together 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) 12 -14 -7: VARIANCES: A. Variances Authorized: The City Council, as authorized by Minn. Stat. 1 See subsection 1 -7 -31-1 of this code. 462.354 subdivision 2, and Minn. Stat. 462.357, subdivision 6, shall have the authority to hear requests for variances from the requirements of the zoning ordinance and other sections of the City Code where variances are authorized, including restrictions placed on nonconformities. (Amended Ord. 407, 6- 21 -11) B. Review Criteria: 1. Variances shall only be permitted when they are in harmony with the general purposes and intent of the official control and when the variances are consistent with the comprehensive plan. (Amended Ord. 407, 6- 21 -11) 2. Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the official control. "Practical difficulties," as used in connection with the granting of a variance, means: a. The property owner proposes to use the property in a reasonable manner not permitted by an official control; b. The plight of the landowner is due to circumstances unique to the property not created by the landowner; c. The variance, if granted, will not alter the essential character of the locality; d. Economic considerations alone do not constitute practical difficulties. (Amended Ord. 407, 6- 21 -11) C. Conditions Authorized: The City Council may impose conditions in the granting of variances. A condition must be directly related to and must bear a rough proportionality to the impact created by the variance. (Amended Ord. 407, 6- 21 -11) D. Specific Variances Authorized: No variance may be granted that would allow any use that is not allowed in the zoning district in which the subject property is located, except as follows: (Amended Ord. 407, 6- 21 -11) 1. Variances shall be granted for earth sheltered construction as defined in Minn. Stat. 216C.06, subdivision 14, when in harmony with the official controls. (Amended Ord. 407, 6- 21 -11) 2. Variances may be granted for the temporary use of a one family dwelling as a two family dwelling. (Amended Ord. 407, 6- 21 -11) E. Procedure: The procedure for granting variances is as follows: 1. Request For Variance; Fee: A person desiring a variance shall fill out and submit to the Community Development Director a request for variance application form together with a fee asset forth by ordinance'. (Amended Ord. 407, 6- 21 -11) 2. Planning and Zoning Commission Review: A public hearing shall be held by the Planning and Zoning Commission as provided in City Code 12 -14 -8. The Planning Commission shall make a recommendation to the City Council based upon the provisions of City Code 12 -14 -7. (Amended Ord. 407, 6- 21 -11) 3. City Council Action: The City Council may grant the variance based upon the provisions of City Code 12 -14 -7. (Amended Ord. 407, 6- 21 -11) 4. Appeals: The petitioner, if appealing an interpretation of this title by an employee of the city which would require him/her to obtain a variance, shall have the fee refunded if his /her appeal is upheld by the City Council. 5. Emergency Variance Requests: The City Council may waive Planning and Zoning Commission review and take immediate action on emergency variance requests that affect the immediate health, safety and welfare of the citizens of Andover or if time constraints present severe hardship to the applicant. The applicant is required to show the immediacy of the issue and the potential health, safety or welfare threat. The City Council shall determine if the request warrants immediate review. (Amended Ord. 407, 6- 21 -11) 6. Time Limit On Implementing Variance: If the City Council determines that no significant progress has been made in the first twelve (12) months after the approval of the variance, the variance will be null and void. (Amended Ord. 8, 10 -21 -1970) 1 See subsection 1 -7 -3H of this code. 6R.ztf1lNG" AS --B) MIT SURVEY 17071H LINE vu, Ci ED(A_ Of nITIJUINOUS PAVEMF"I NORTH LNE Or I SOUTHERLY 330 rIET Or THE -PROPOSED lir CLJLVERT WORTH Ig V!�� M4:" 1/2 OF ME MW 1/4 CF SM 9. 24 S8r53212"E 330,009 \--SITE WNCWARK a; 911 912 9 913 x9M.4 K9tJO fill 909, ww 00 0968