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1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100
FAX (763) 755-8923 • WWW.ANDOVERMN.GOV
Andover Planning and Zoning Commission
Meeting Agenda
May 24, 2017
Andover City Hall
Council Chambers
7:00 P.in.
1. Call to Order
2. Approval of Minutes — March 14, 2017 Work Session and Regular Meeting
Minutes; May 9, 2017 Work Session and Regular Meeting
3. PUBLIC HEARING: Variance — Addition to Accessory Structure — 16422
Hanson Blvd. NW — Dover Kennels
4. PUBLIC HEARING: Conditional Use Permit — Massage Therapy Home
Occupation - 15824 Olive St. NW — Lisa Scholl
5. PUBLIC HEARING: Conditional Use Permit - Exterior Storage — 3017 161"
Ave. NW — Eric Hicks
6. PUBLIC HEARING: Rezoning of Rural Reserve Residential District
7. Other Business
8. Adjournment
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1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100
FAX (763) 755-8923 • WWW.CI.ANDOVER.MN.US
TO: Planning and Zoning Commissioners
FROM: Stephanie L. Hanson, City Planner
SUBJECT: Approval of Minutes — March 14, 2017 Work Session and Regular Meeting; May
9, 2017 Work Session and Regular Meeting
DATE: May 24, 2017
REQUEST
The Planning and Zoning Commission is requested to approve the work session and regular
meeting minutes from March 14, 2017 and May 9, 2017.
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8 PLANNING AND ZONING COMMISSION WORKSHOP MEETING
9 MARCH 14, 2017
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12 The Workshop Meeting of the Andover Planning and Zoning Commission was called to
13 order by Commissioner Koehler on March 14, 2017, 6:30 p.m., at the Andover City Hall,
14 1685 Crosstown Boulevard NW, Andover, Minnesota.
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16 Commissioners present: Commissioners Scott Hudson, Bert Koehler IV, Steve
17 Peterson and Jeff Sims
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19 Commissioners absent: Timothy Cleven, Kyle Nemeth, Dean Daninger
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21 Also present: Community Development Director Joe Janish
22 City Planner Stephanie Hanson
23 Associate Planner Dan Krumwiede
24 Others
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27 DISCUSS ANDOVER COMPREHENSIVE PLANAMENDMENT — RURAL
28 RESERVE RESIDENTIAL LAND USE DENSITY CHANGES
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30 Stephanie reviewed the proposed Comp Plan amendment with the Commission utilizing
31 illustrations drawn on the white board.
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33 She indicated that she planned to keep the explanation simple at the hearing at the
34 Commission meeting. She acknowledged that the language is a little hard to follow, but
35 it is what is used by Met Council and is specific to their work. She reported that 10
36 residents had called the City and that 130 public hearing notices were mailed out. Most
37 residents were asking for clarification. Two residents came in to the offices and one sent
38 in an email that will be shared at the Commission meeting later. The current Comp Plan
39 states that you can split a 40 acre area into 20 acres and you can have 2 houses. This
40 applies to the entire rural reserve area. And you can have 2 units per 40 acres, according
41 to City Code. This Comp Plan amendment allows residents to go to 4 units per 40 acres,
42 and also meets Met Council policy. The City is going to adopt the language proposed to
43 "get up to snuff' with the Met Council language.
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45 Chairperson Daninger arrived at 6:36 pm.
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Andover Planning and Zoning Commission Workshop Meeting
Minutes —March 14, 2017
Page 2
1 Ms. Hanson continued by stating that if you follow these provisions in the zoning code,
2 you can go as small as 5 acres, however the rest (20 acres) would be a preserve. The
3 illustration showed 4, 5 acre lots and 20 acres of preserve in a 40 acre area. She noted
4 that the home has to be placed in such a way to allow for water/sewer/future roads etc.
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6 Commissioner Koehler asked about splitting lots once every 3 years and if that would
7 apply. Ms. Hanson confirmed that this is correct and noted that residents were concerned
8 that the whole 40 acres was going to be split into 5 acre plots. These homes need road
9 frontage, so that will be limiting financially. Ms. Hanson also noted that the rural reserve
10 was already designated for future urban development in the previous Comp Plan.
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12 Commissioner Hudson inquired if they have to ghost plat the whole 40 acres. Ms.
13 Hanson indicated, not a full plat, but that would be the next step. There will need to be a
14 decision about how much detail is wanted and that is part of the zoning code.
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16 Commissioner Koehler asked how this came about. Ms. Hanson responded that the
17 family came to the City and stated they would like to do this and the Council agreed.
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19 Ms. Hanson commented that there are about 600 developable acres left in the City.
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21 Mr. Janish asked what would happen if they only have 39.5 acres when surveyed. Ms.
22 Hanson replied that the City would have to talk to Met Council.
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24 Commissioner Sims asked why this would not be part of the Comp Plan process coming
25 up. Ms. Hanson stated the acreage had been left to 5 members of the family and the 2
26 youngest grandchildren would really like to build homes on the property. The Council
27 would like to get some homes built. This parcel is the last that will see urban
28 development and the Council considered how long the City should hold the land,
29 acknowledging the property is their land, while the City has the tools to preserve it.
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31 Commissioner Sims noted that the immediate density does not change, but the future
32 density could change. Commissioner Hudson responded that some density is limited by
33 sewer and water, which must be in place first.
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35 Ms. Hanson confirmed that there would likely be a work meeting at the end of March
36 where more information will be brought forward for discussion.
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38 Commissioner Peterson arrived at 6:49 pm.
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40 Ms. Hanson stated that this is the most developable part of the rural reserve area,
41 referring to the area south of 1615`, west of Hanson Blvd, and east of Round Lake Blvd.
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43 Chairperson Daninger stated that the goal of this meeting was simply to discuss the
44 matter in preparation for the Commission meeting. He responded that he believes that
Andover Planning and Zoning Commission Workshop Meeting
Minutes — March 14, 2017
Page 3
1 this matter is being driven by the Council now. He commented that this area is set aside
2 for urban development, but is called "rural reserve," so it is a little confusing.
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4 Ms. Hanson confirmed that the sewer capacity would be fine, but they do not know about
5 the soils yet. Some of this is coming about because Atlas 14 is raising flood elevations.
6 As part of the Comp Plan update there will be more discussions about that.
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8 OTHER BUSINESS
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10 There was no other business.
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12 ADJOURNMENT
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14 Motion by Daninger, seconded by Hudson, to adjourn the meeting at 6:55 p.m. Motion
15 carried on a 5-ayes, 0-nays, 2-absent vote (Cleven and Nemeth).
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18 Respectfully Submitted,
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20 Marlene White, Recording Secretary
21 TimeSaver Off Site Secretarial, Inc.
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PLANNING AND ZONING COMMISSION MEETING — MARCH 14, 2017
The Regular Bi -Monthly Meeting of the Andover Planning and Zoning Commission was
called to order by Chairperson Daninger on March 14, 2017, 7:00 p.m., at the Andover
City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota.
Commissioners present: Commissioners Scott Hudson, Bert Koehler IV, Steve
Peterson and Jeff Sims
Commissioners absent: Timothy Cleven and Kyle Nemeth
Also present: Community Development Director, Joe Janish
City Planner, Stephanie Hanson
Associate Planner, Dan Krumwiede
Others
APPROVAL OF MINUTES.
February 28, 2017, Workshop Meeting
No changes from staff.
Commissioner Koehler recommended corrections as follows:
Page 2, line 19, add "the" to "go to the school district"
Page 2, line 23, add a comma after the word "meeting"
February 28, 2017, Regular Meeting
No changes from staff.
Commissioner Koehler recommended corrections as follows:
Page 3, line 2, add the word "because" after the word "removed," and change "steeper" to
"too steep"
Page 3, line 4, insert "off -sale" before the word "liquor"
Regular Andover Planning and Zoning Commission Meeting
Minutes — March 14, 2017
Page 2
1 Motion by Koehler, seconded by Peterson, to approve the February 28 Workshop and
2 Regular Meeting minutes as amended. Motion carried on a 4 -ayes, 0 -nays, 1 -present
3 (Peterson), 2 -absent vote (Cleven and Nemeth).
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5 PUBLIC HEARING: Andover Comprehensive Plan Amendment — Rural Reserve
6 Residential Land Use Density Changes
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8 City Planner Hanson reviewed the proposed Comprehensive Plan Amendment with the
9 Commission. The CPA request is being made by Jake and Jon Packer to allow the
-10 subdivision of land within the Rural Reserve District to be made into parcels smaller than
11 what is currently allowed in the Comprehensive Plan. City Council provided direction to
12 staff to proceed with a CPA and ordinance to address future development within the rural
13 reserve area. The City has reached an agreement with the Metropolitan Council that
14 areas designated for residential development in the rural reserve will be developed at 3
15 unit/houses per net acre once MUSA is available. Staff is proposing to retain a density of
16 1 unit/house per 10 acres; however with the adoption of an ordinance, the minimum lot
17 size may be reduced to 5 acres as long as the provisions in the ordinance are addressed at
18 the time of the lot split or subdivision. The intent of the ordinance is to allow subdivision
19 of land while preserving the land for future urban development. Once the CPA is
20 submitted to the Met Council, staff will begin to work on the zoning ordinance that
21 coincides with the CPA.
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23 Ms. Hanson stated that approximately 130 notices regarding the public hearing were sent
24 out to residents. There were 10 inquiries.
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26 Commissioner Koehler asked what the future was of this land. Ms. Hanson stated that
27 somewhere down the road this area is planned for urban development when services
28 become available.
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30 Commissioner Peterson asked about getting access to the remaining 20 acres if there
31 were 4 - 5 acre parcels [along 161St]. Ms. Hanson stated that will happen at the time of
32 the plat work. As part of that, they will have to plan for how the lots would be accessed,
33 which is part of the zoning code.
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35 Chairperson Daninger clarified that "rural reserve" really means urban development,
36 specifically higher density development once municipal utilities become available. This
37 action does not change that.
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39 Motion by Koehler, seconded by Sims, to open the public hearing at 7:12 p.m. Motion
40 carried on a 5 -ayes, 0 -nays, 2 -absent vote (Cleven and Nemeth).
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42 Mike Olson, 3052 153`d Avenue, asked a series of questions, starting with what are the
43 road frontage requirements. Ms. Hanson responded 300 ft. Mr. Olson inquired about
44 the dirt road on the south. Ms. Hanson stated all lots within the city require road
45 frontage. He continued by asking if there are services available now on the south side.
Regular Andover Planning and Zoning Commission Meeting
Minutes — March 14, 2017
Page 3
1 Ms. Hanson stated that rural reserve lots are served by individual septic and well. Mr.
2 Olson asked if there was a Master Plan for the area. Ms. Hanson stated that there was a
3 sketch plan at one time. He followed up by asking if there would then be a need to
4 amend the Comp Plan and why do that now. He asked if property owners had
5 approached the City and would these changes hinder potential future development. He
6 expressed that he did not want to set up a potential situation that would be a hindrance
7 down the road to a bigger plan for the site. He recommended doing a master plan first.
8 As a neighbor, he would like to see a coordinated approach to looking at the whole
9 spectrum of possibilities. He also wondered about getting access to the road from the
10 rural reserve area and if there would need to be an easement.
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12 Lee Packer, 3074 161st Ave, spoke on behalf of the Packer family and stated that their
13 parcels had been in their family since the 1930s. On the 40 acres in question, his
14 grandparents had a house there. He has been involved with the land since 1992. Their
15 family did not have a choice at the time and their land was put in the rural reserve area.
16 Splitting up the land inherited by the family equals 8 acres a piece and they are trying to
17 find a way to continue to enjoy the family property. The plan has always been to use
18 their land this way so that they can preserve their lifestyle. If the area is fully developed,
19 their family is not interested in staying there. In the current term, they would like to
20 enjoy the land and his sons would like to build homes on the land. He noted that the
21 amendment gives his family the ability to continue using the land that has been in the
22 family for 70 years.
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24 Mr. Olson came back to the podium and acknowledged his support for a long-term
25 resident wanting to do something with their property. He stated he was trying to make
26 sense of the proposed change without pressing the issue.
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28 Chairperson Daninger stated that there will be time for forward thinking about the Master
29 Plan.
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31 Motion by Koehler, seconded by Hudson, to close the public hearing at 7:23 p.m.
32 Motion carried on a 5 -ayes, 0 -nays, 2 -absent vote (Cleven and Nemeth).
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34 Mr. Peterson asked what was known about the soils on the site of the 40 acres. Ms.
35 Hanson confirmed that the Packer site is buildable, but there is a lot of area in the rural
36 reserve area that has a lot of peat.
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38 Commissioner Sims asked if a property owner could sell all of their land to a developer.
39 Ms. Hanson replied that they could but a developer would be held to the same
40 requirements of the rural reserve area, they would also need to meet the density
41 requirements.
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43 Chairperson Daninger stated that the 40 acres is an example of how the new
44 considerations are going to be applied throughout the entire rural reserve area.
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Regular Andover Planning and Zoning Commission Meeting
Minutes —March 14, 2017
Page 4
1 Commissioner Koehler asked if the MUSA line follows the outside edge related to the
2 rural reserve. Ms. Hanson confirmed that it follows the outline, including on the edge of
3 Round Lake.
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5 Mr. Hudson asked Ms. Hanson if she had checked with other Cities with similar
6 situations. Ms. Hanson confirmed that she had similar circumstances when she worked
7 in Forest Lake. He followed up by asking if there was a demand for mid-size lots. Ms.
8 Hanson stated that was the case.
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10 Commissioner Sims asked if there had been feedback from the written notices. Ms.
11 Hanson confirmed that the City had to notify residents all around rural reserve area. She
12 indicated she received calls about the public hearing notice; they wanted clarification and
13 information on the proposal. There was one resident opposed. The email was submitted
14 and will become part of the public record.
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16 Commissioner Koehler asked what happens after approval. Ms. Hanson stated there will
17 be a need to set up zoning regulations to allow for the 5 acre lot splits. She indicated that
18 the process is hoped to be completed by the beginning of May. There would be another
19 public hearing process.
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21 Commissioner Sims inquired as to how many unique land owners were in the rural
22 reserve area. Ms. Hanson believes there were less than one dozen and they will be
23 involved in the discussions of the rural reserve area during the 2018 Comp Plan update.
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25 Motion by Koehler, seconded by Peterson, to recommend to the City Council approval of
26 Resolution No. amending the comprehensive land use plan of the City of Andover
27 to include the following: within the rural reserve residential land use, to allow one unit
28 per ten acres with the opportunity to allow one unit per five acres with the compliance of
29 ordinance provisions as proposed. Motion carried on a 5 -ayes, 0 -nays, 2 -absent vote
30 (Cleven and Nemeth).
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32 City Planner Hanson stated that this item would be before the Council at the Tuesday,
33 March 21, 2017 City Council meeting.
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35 OTHER BUSINESS
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37 So far in 2017, the City has issued 22 single family housing permits. Dunkin Donuts will
38 be opening by the end of the week, following one more fire inspection. At the Shoppes
39 at Andover, Joy Kitchen will open mid-April. The movie theatre has requested a building
40 permit to redo the seating to have luxury recliners; as a result there will be one-half the
41 amount of seats. Walgreens is being remodeled to add a minute -type clinic. The Estates
42 at Arbor Oaks is undergoing inspections. Of note is the catering kitchen was changed to
43 a commercial kitchen with the ability to serve meals to all the residents of the complex.
44 Online permitting so far has yielded 145 online permits in the amount of $7,800. Online
45 permitting saves residents money.
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Regular Andover Planning and Zoning Commission Meeting
Minutes —March 14, 2017
Page 5
ADJOURNMENT
Motion by Koehler, seconded by Sims, to adjourn the meeting at 7:36 p.m. Motion
carried on a 5 -ayes, 0 -nays, 2 -absent vote (Cleven and Nemeth).
Respectfully Submitted,
Marlene White, Recording Secretary
TimeSaver Off Site Secretarial, Inc.
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8 PLANNING AND ZONING COMMISSION WORKSHOP MEETING —
9 MAY912017
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12 The Workshop Meeting of the Andover Planning and Zoning Commission was called to
13 order by Vice Chairman Kyle Nemeth on May 9, 2017 6:00 p.m., at the Andover City
14 Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota.
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16 Commissioners present: Commissioners Scott Hudson, Bert Koehler IV, Steve
17 Peterson and Jeff Sims
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19 Commissioners absent: Timothy Cleven and Dean Daninger
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21 Also present: Community Development Director Joe Janish
22 City Planner Stephanie Hanson
23 Associate Planner Dan Krumwiede
24 Others
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27 Stephanie invited Commissioners to ask questions about the agenda items.
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29 Commissioner Hudson arrived at 6:03 pm.
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31 DISCUSS VARIANCE REQUEST -14791 BLACKFOOT STREET NW
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33 Vice Chairman Nemeth asked if the City had received comment yet from the DNR. Ms.
34 Hanson responded that the variance was contingent on the DNR's comments. The City is
35 in charge of shore land, and as such, needs to notify them, however the City doesn't
36 receive responses back from them.
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38 Commissioner Koehler asked if the lot width was in place when they bought the house.
39 Ms. Hanson confirmed, yes. Koehler asked if there are other variances on lakeshore
40 property in Andover. Ms. Hanson was unable to confirm and that City Code requires 50
41 feet on the right-of-way with a 300 foot width at the front yard setback. One lot is
42 proposed to be 180 feet and the other would be 150 feet.
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44 Commissioner Koehler summarized his comments by stating that people bought into the
45 neighborhood with certain rules and regulations and expectations that they will remain.
46 Commissioner Sims agreed and stated that is why the City has rules and a Comp Plan.
47 Commissioner Koehler agreed and noted that was one petitioner's point.
Andover Planning and Zoning Commission Workshop Meeting
Minutes —May 9, 2017
Page 2
2 Commissioner Koehler went on to say that there is not a problem with a lot split if it fits
3 the City's rules and regulations.
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5 Commissioner Hudson asked if the property owner planned to develop the lot. Ms.
6 Hanson stated that the owners had no current plans, but that people have approached him
7 about the possibility.
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9 DISCUSS PRELIMINARYPLATIPUD AMENDMENT AND CONDITIONAL USE
to PERMIT—ANDOVER CLOCKTOWER COMMONS
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12 Mr. Janish stated that there is supplemental information for this agenda item. He clarified
13 that the minimum lot width is 200 feet. This amendment is for 163.74 feet; with a PUD
14 the request can deviate. The original site plan is for 5 lots, and this PUD is another
15 opportunity to have a daycare go in to that space.
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17 Commission Koehler stated that the Commission can't consider the type of business
18 when making the decision, because the site-specific part is the next step in the process.
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20 It was noted, that if approved as written, Lot 2 would be moved closer to Crosstown.
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22 Commissioner Koehler brought up that there had been flooding in the trail area in the
23 past. Mr. Janish confirmed that this had been rectified in 2014 and it no longer floods at
24 this time.
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26 Commissioner Koehler inquired if parking would be part of the commercial site plan.
27 Mr. Janish indicated that 25 stalls should be enough parking for what is planned. Cross -
28 parking is also allowed at other businesses. If parking becomes an issue, parents of day
29 care children would choose another location.
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31 Mr. Janish noted that there have been private agreements about what kind of businesses
32 that can come to that commercial development.
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34 Vice Chairman Nemeth expressed concerns about aesthetics staying consistent and the
35 Clock Tower. Mr. Janish replied that the Clock Tower will be the last area to be
36 developed.
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38 Commissioner Sims asked about the widening of Hanson. Mr. Janish stated that the
39 plans are to end the widening at the school and that will happen in 2018 or 2019. The
40 trails will remain.
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43 DISCUSS CITY CODE AMENDMENTS TO TITLE 12 ZONING REGULATIONS
44 AND TITLE 13 PLANNING AND DEVELOPMENT
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Andover Planning and Zoning Commission Workshop Meeting
Minutes — May 9, 2017
Page 3
1 Mr. Janish noted that this agenda item brings the Comp Plan and City Code in
2 compliance with one another. Met Council Board will meet on June 14 to vote on the
3 amendment. Underlying zoning should not see any changes and the amendments relate
4 specifically to density. The matter for discussion is a tool to protect the remnant piece for
5 future urban development. The Code will have new language, in I and 1B. IA remains
6 with the exception of reference to rural reserve. IB will be modified for rural reserve, but
7 the language is similar. There was discussion about the tools that could be used.
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9 In reference to the MUSA line, Ms. Hanson stated that this area is set aside for future
10 urban development.
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12 Mr. Janish stated that this change may be "a band aid" until the Comp Plan Update is
13 completed. One-quarter of an acre is the minimum lot size if MUSA was available.
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15 Commissioner Koehler noted that the amendment and zoning changes allows larger lot
16 sizes.
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18 Mr. Janish followed up by stating that the lot splitting is what is different and the City
19 would be following Met Council's guidance for density. The tool [to be selected] goes
20 into effect when a property owner wants to split their land.
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22 Mr. Janish confirmed that the three-year clause still remains in effect. He also explained
23 that a "quarter quarter" does not have to be a perfect 40 acres, as long as it is 35 acres.
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25 Commissioner Peterson arrived at 6:49 pm.
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27 Mr. Janish noted that Atlas 14 will be the driver of the future Comp Plan update and the
28 rural reserve could move as a result.
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30 OTHER BUSINESS
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32 There was no other business.
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34 ADJOURNMENT
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36 Motion by Koehler, seconded by Sims, to adjourn the meeting at 6:52 p.m. Motion
37 carried on a 5 -ayes, 0 -nays, 2 -absent vote (Daninger and Cleven).
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39 Respectfully Submitted,
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42 Marlene White, Recording Secretary
43 TimeSaver Off Site Secretarial, Inc.
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8 PLANNING AND ZONING COMMISSIONMEETING — MAY 91 2017
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10 The Regular Bi -Monthly Meeting of the Andover Planning and Zoning Commission was
11 called to order by Vice Chairperson Nemeth on May 9, 2017, 7:00 p.m., at the Andover
12 City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota.
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14 Commissioners present: Commissioners Scott Hudson, Bert Koehler IV, Steve
15 Peterson and Jeff Sims
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17 Commissioners absent: Timothy Cleven and Chairperson Daninger
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19 Also present: Community Development Director, Joe Janish
20 City Planner Stephanie Hanson
21 Associate Planner Dan Krumwiede
22 Others
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25 APPROVAL OF MINUTES
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27 March 14, 2017 Work Session
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29 There was not a quorum, so this item will be put on the next meeting agenda for
30 approval.
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32 March 14, 2017 Regular Meeting
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34 There was not a quorum, so this item will be put on the next meeting agenda for
35 approval.
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37 April 11, 2017 Regular Meeting
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39 There were no changes from staff.
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41 Commissioner Nemeth requested a correction on page 2, line 25, by adding a comma
42 after the word "however."
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44 Motion by Peterson, seconded by Koehler, to approve the April 11 Regular Meeting
45 minutes as amended. Motion carried on a 5 -ayes, 0 -nays, 2 -absent vote (Cleven and
46 Daninger).
Regular Andover Planning and Zoning Commission Meeting
Minutes — May 9, 2017
Page 2
2 PUBLIC HEARING: Variance Request —14791 Blackfoot Street NW— LeRoy and
3 Sandra Warneka
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5 Ms. Hanson presented the variance request to reduce the required width of the lot at the
6 front yard setback. She noted that staff has not received comment from DNR staff and
7 that it is typical not to receive a response. Mr. Warneka submitted a letter and proposes a
8 variance to reduce the width at the front yard setback from 300 feet to 150 feet for the
9 purpose of subdividing the property into two lots. One lot would have a 150 -foot width
10 and the other a 180 -foot width. The variance meets the City Code requirements for size
11 and depth. Ms. Hanson outlined the City Code criteria that states, "variances may be
12 granted when the applicant for the variance establishes that there are practical difficulties
13 in complying with the official control." The definition of "practical difficulties" was
14 further described by Ms. Hanson. The lot was originally created in 1977 and the drainage
15 and utility easement in the neighboring property was explained. The ARC reviewed the
16 proposed variance requests and had no comments pertaining to the request. Staff also
17 received phone calls and emails regarding the variance requests.
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19 There was supplemental information to the report which included an additional letter in
20 opposition to the variance.
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22 The Commissioners had no questions of staff.
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24 Vice Chairperson Nemeth asked if the variance was approved and if the applicant splits
25 the lot, would it just be an administrative matter. Ms. Hanson replied that was correct.
26 The applicant would need to have the appropriate buildable area, have soil borings done,
27 contract for a professional survey, etc. She clarified that each lot would have to be a
28 minimum of 2.5 acres, proven by survey, and that the Coon Creek Watershed District
29 would not need to review the matter.
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31 Commission Koehler commented that if the variance was approved at the meeting, the
32 Commissioners would not be approving a smaller size lot, only a smaller size width.
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34 Commissioner Sims asked about the history of the City's 300 -foot lot width. Ms. Hanson
35 indicated that the standard had changed some time ago and it was previously 330 feet.
36 Ms. Hanson stated that there have been variances in the past for lot width under different
37 circumstances. In this development, all lots are zoned R-1, and directly to the south, the
38 lots are R-4.
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40 Motion by Koehler, seconded by Peterson, to open the public hearing at 7:20 p.m.
41 Motion carried on a 5 -ayes, 0 -nays, 2 -absent vote (Cleven and Daninger).
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43 Vice Chairperson Nemeth gave instructions for the public hearing.
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Regular Andover Planning and Zoning Commission Meeting
Minutes — May 9, 2017
Page 3
1 Katie Shaw of 4050 147h Lane NW, expressed concern about the maintaining of a 300-
2 foot lot width because it creates an "environment of space." The distance between the
3 properties is significant in their development.
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5 Tom Jordan of 14800 Blackfoot Street NW, stated that his concern is the precedent that
6 would be set in the neighborhood and the effect on the values of the surrounding homes
7 based on the lot size that surrounds them. By splitting the lots, there is an increase in
8 density, and he asserted there would also be a change in character and the value of the
9 homes. Homes built today are very different in style. He also noted that there is a lot of
10 wildlife going through their development.
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12 Lee Warneka of 14791 Blackfoot Street NW, stated that he felt that some of his
13 neighbors had been misled by other neighbors and that [too] much had been made about
14 the open area. He pointed out that there will be a lot of open area because of the drainage
15 ditch to the south. Mr. Warneka showed photographs of his property. He believes that
16 there is a nice, large building pad area that is available and that the property will
17 accommodate two 2.5 acre lots.
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19 Commissioner Koehler asked for clarification as to the location where the photographs
20 were taken. Mr. Warneka described the location.
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22 Mr. Warneka stated that one home in the neighborhood had been turned into a duplex via
23 a variance. Commissioner Koehler asked about identifying the duplex. Ms. Hanson
24 indicated that she would research this question.
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26 Ben Shaw of 4050 147th Lane NW, lives south of the property for which the variance has
27 been requested. He showed an Anoka County plat that demonstrated that the property for
28 which the variance has been requested might not be 5 acres in size. He also felt that the
29 variance would change the essential character of the neighborhood.
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31 Heather Myers of 4115 147th Lane NW, wanted to clarify that her home was not a
32 duplex, but that it was remodeled and an addition created to accommodate a mother -in -
33 law suite. She noted that there is not an outside entrance.
34
35 Tom Jordan of 14800 Blackfoot Street NW, stated that his home was one of 2 homes that
36 were shown in the photographs across the street from the property for which the variance
37 is being requested. The house next to his is the one further away. He asked the
38 Commissioners to consider [housing] density due to residents being on well water.
39
4o Katie Shaw wanted to address the assertion that the neighbors were being misled. Her
41 primary concerns related to the potential for setting precedence. She also stated that the
42 open land referred to in the photographs actually showed her land.
43
44 Derek Jordan of 14800 Blackfoot Street NW, asked for clarification regarding the
45 applicant being approached by builders and the City [regarding purchase of the property].
Regular Andover Planning and Zoning Commission Meeting
Minutes — May 9, 2017
Page 4
1 Ms. Hanson stated at this time the City was not interested in the property, but she was not
2 sure about what might have come up in the past.
3
4 Motion by Koehler, seconded by Sims, to close the public hearing at 7:45 p.m. Motion
5 carried on a 5 -ayes, 0 -nays, 2 -absent vote (Cleven and Daninger).
6
7 Commissioner Koehler asked if the City knew the size of the property. Ms. Hanson
8 replied she did not and that the applicant would be required to have a licensed survey and
9 must meet the 2.5 -acre minimum for each lot.
10
11 In response to Commissioner Peterson's question, Ms. Hanson stated that it is up to the
12 applicant to prove the "plight of the property owner."
13
14 Commissioner Koehler stated that the issue of open space has nothing to do with the City
15 Code. He expressed his belief that homeowners have an expectation that everyone is
16 expected to play by the same rules. He was not comfortable that the lot split did not meet
17 City Code.
18
19 Ms. Hanson stated that if the variances are approved, the home owner has to act within
20 one year or the variance will become void. If the acreage minimum is not met, the
21 variance goes away. She believes that there is sufficient high ground for septic, well and
22 a building pad.
23
24 Commissioner Koehler commented that the approval of other variances should not have a
25 bearing on the decision making and that the Commission should look at the issue on the
26 basis of the argument.
27
28 Motion by Koehler, seconded by Peterson, to deny the request for a variance. Motion
29 carried on a 4 -ayes, 1 -nays (Nemeth), 2 -absent vote (Cleven and Daninger).
30
31 This matter will be heard at the June 2nd Council meeting at 7 pm.
32
33 Commissioner Koehler stated his belief that the rules were put in place when the
34 residents bought their property and it is the Commission's obligation to uphold those
35 expectations. He believes that the variance request would have too much impact on the
36 neighborhood.
37
38 Commissioner Peterson stated that he believed that the "practical difficulties" were not
39 unique to the property.
40
41 Vice Chairperson Nemeth expressed that he believed that the variance would only
42 slightly change the essential character of the neighborhood. He noted that other residents
43 were neutral.
44
45
f
Regular Andover Planning and Zoning Commission Meeting
Minutes —May 9, 2017
Page 5
I PUBLIC HEARING: Conditional Use Permit Amendmen"evised Planned Unit
2 Development —Andover Clocktower Commons — Classic Construction
3
4 Mr. Janish explained that this request is to amend the existing approved Conditional Use
5 Permit to revise the approved PUD. There was an amendment made in 2009, related to
6 the direct access to Crosstown Blvd NW, in the form of a % intersection, which was
7 approved. In 2014, the bank site was converted to a retail trade and service building. Lot
8 4 was also converted from a restaurant lot in the original PUD, for a retail, trade and
9 service building and allowed for a 20 -foot encroachment into the required 30 -foot setback
10 from Crosstown Blvd NW. This encroachment created a 10 -foot setback for the future
I l buildings on Lot 4, Block 1. The CUP changes the PUD from 5 lots to 6 lots and adjusts
12 the setback on proposed Lot 2, Block 1, PSM Addition.
13
14 Ms. Hanson clarified that the PUD establishes overall requirements for the project area.
15
16 Commissioner Peterson noted that the building size had been reduced and expressed
17 concerns regarding parking. Mr. Janish stated that there was 7,000 square feet of parking
18 and that parking requirements will be based on the use of the property. If a day care
19 occupied the space the requirement would be 1 parking space per 7 students/children,
20 plus 1 for each classroom, plus office space. He noted there is cross parking and there is
21 an association that is part of the PUD and they could address it. Parking will be reviewed
22 further as part of the commercial site plan. In answer to questions, Mr. Janish stated that
23 the water issues on the nearby trail had been rectified in 2014 and signage will be
24 addressed when the site moves forward on the next building, as was originally planned.
25
26 Motion by Koehler, seconded by Peterson, to open the public hearing at 8:17 p.m.
27 Motion carried on a 5 -ayes, 0 -nays, 2 -absent vote (Cleven and Daninger).
28
29 The Commissioners did not have any questions of staff.
30
31 No one from the community was there to speak to the issue.
32
33 Motion by Koehler, seconded by Hudson, to close the public hearing at 8:19 p.m.
34 Motion carried on a 5 -ayes, 0 -nays, 2 -absent vote (Cleven and Daninger).
35
36 Motion by Koehler, seconded by Hudson, to approve the resolution as presented with a
37 note to reflect the change in distance brought up by staff. Motion carried on a 5 -ayes, 0-
38 nays, 2 -absent vote (Cleven and Daninger).
39
40 This CUP will be heard at the May 16 City Council meeting.
41
42 PUBLIC HEARING: Preliminary Plat Andover Clocktower Commons 2nd Addition —
43 Classic Construction
44
45 Mr. Janish stated that staff recommends consideration of re -platting this particular lot.
Regular Andover Planning and Zoning Commission Meeting
Minutes — May 9, 2017
Page 6
1
2 Commissioners had no questions.
3
4 Motion by Koehler, seconded by Hudson, to open the public hearing at 8:22 p.m. Motion
5 carried on a 5 -ayes, 0 -nays, 2 -absent vote (Cleven and Daninger).
6
7 No one from the community was there to speak to the issue.
8
9 Motion by Koehler, seconded by Hudson, to close the public hearing at 8:23 p.m.
10 Motion carried on a 5 -ayes, 0 -nays, 2 -absent vote (Cleven and Daninger).
11
12 Commissioner Sims referenced the internal road near the McDonalds. Ms. Hanson
13 responded that there would be no changes to that road. She acknowledged that the road
14 will allow access to the lot.
15
16 Motion by Peterson, seconded by Koehler, to approve the preliminary plat as presented.
17 Motion carried on a 5 -ayes, 0 -nays, 2 -absent vote (Cleven and Daninger).
18
19 PUBLICHEARING. City Code Amendments to Title 12 Zoning Regulations and Title
20 13 Planning and Development
21
22 At the October 25, 2016 City Council work session, City Council discussed a CPA
23 request by Jake and Jon Packer to allow the subdivision of land within the Rural Reserve
24 District into parcels smaller than what is currently allowed in the Comprehensive Plan.
25 City Council provided direction to staff to proceed with a CPA and ordinance to address
26 future development within the rural reserve area.
27
28 Since October 25, 2016 the Planning Commission and City Council have approved a
29 Comprehensive Plan amendment to address for higher density and further subdivision of
30 property within the Rural Reserve District.
31
32 The Met Council will discuss the CPA at the June 5, 2017 meeting and the Metropolitan
33 Council board will make a determination on June 14, 2017. Staff is proposing to
34 continue to hold a hearing and make a recommendation, contingent upon the
35 Metropolitan Council approval.
36
37 Due to the Comprehensive Plan Amendment, this amendment to the City Code needs to
38 go forward to be consistent with the plan.
39
40 Mr. Janish confirmed for Commissioner Sims that this matter only applies to the rural
41 reserve area.
42
43 The applicant for the Comprehensive Plan Amendment, Jake Packard of 3074 164th Ave
44 NW, addressed the history of the 80 acres, including the information that he would be the
Regular Andover Planning and Zoning Commission Meeting
Minutes — May 9, 2017
Page 7
1 fourth generation to build a house on the acreage. He requested that the Commission
2 consider the least restrictive option.
3
4 Motion by Peterson, seconded by Hudson, to open the public hearing at 8:43 p.m.
5 Motion carried on a 5 -ayes, 0 -nays, 2 -absent vote (Cleven and Daninger).
6
7 Much discussion ensued regarding the lot splitting and City Code. The primary focus of
8 the discussion was around the topic as to what tools would be recommended in order to
9 restrict future development until urban services, zoning changes, or the comprehensive
10 plan is modified to allow for additional development within the area. Mr. Janish
11 confirmed that Met Council has identified that a tool is needed in order to restrict the
12 future development until the area is considered to become urban in nature.
13
14 The Met Council had outlined tools available including staff tracking, development
15 agreements, or easements can be one of the tools used to restrict future development.
16 The tool selected would have triggers such as: urban services are available, rezoning of
17 the area based on comprehensive plan changes or the zoning for the property is modified
18 to allow for a higher density. Mr. Janish noted the Met Council allows the community to
19 select the appropriate tool to use to maintain the development restriction.
20
21 Discussion centered on the tools available to the city for restricting future development
22 until triggers occur.
23
24 J1. Remnant parcels shall restrict future development of homes through a
25 development agreement until defined "triggers" are met such as: urban services
26 are available, rezoning of said parcel to a higher density, change in the
27 comprehensive plan to a zoning district that would allow higher density, among
28 other "triggers" as may be deemed appropriate by the City Council.
29
30 Commissioner Sims stated that he does not feel that it is fair to pose additional
31 restrictionsiburdens on those that live in the rural reserve compared to those that live in
32 the City.
33
34 Commissioners also discussed the requirement of ghost platting. Commissioner Koehler
35 indicated that it would be in the property owners interest to ghost plat or at least provide a
36 sketch, however through the review process outlined within the ordinance staff, planning
37 commission and city council would be reviewing the proposed split and comparing the
38 request to future major alignments of utilities and roadways so the requirement is not
39 needed.
40
41 Motion by Koehler, seconded by Nemeth, to approve the City Code amendment as
42 discussed with the language included in JI reference above and remove the requirement
43 of the ghost platting within the Rural Reserve. Motion carried on a 3 -ayes, 2 -nays
44 (Hudson and Sims), 2 -absent vote (Cleven and Daninger).
45
Regular Andover Planning and Zoning Commission Meeting
Minutes — May 9, 2017
Page 8
1 Vice Chairman Nemeth expressed his preference for a future development opportunity
2 and indicated that he felt that this was a middle of the road decision.
3
4 This matter will come before the Council at the June 6th meeting.
6 OTHER BUSINESS
8 Ms. Hanson updated the Commissioners regarding the Catcher's Creek variance request.
9 The City Council did move ahead with approval of the variances and revised plat. The
to developer removed one of the variances prior to presentation to the Council.
11
12 Ms. Hanson reported that the MedExpress Clinic has opened on the north side of
13 Walgreens. Joy Kitchen at Shoppes @Andover should have their certificate of
14 occupancy in May. The CEC Theatre building permit was issued for new luxury seating
15 being installed at this time. The exterior and floors are almost complete at Arbor Oaks
16 and they anticipate a July opening. Acapulco is opening their patio in May. At the end
17 of April, 42 permits for new single family homes had been granted. Mr. Janish, in
18 response to Vice Chairperson Nemeth's question, clarified that 50 new homes are the
19 budgeted amount, not the anticipated or projected amount.
20
21 Vice Chairperson Nemeth requested a quarterly report regarding City Code adherence.
22 Commissioner Koehler also expressed his support for the review process.
23
24 ADJOURNMENT
25
26 Motion by Koehler, seconded by Sims, to adjourn the meeting at 9:44 p.m. Motion
27 carried on a 5 -ayes, 0 -nays, 2 -absent vote (Cleven and Sims).
28
29
30 Respectfully Submitted,
31
32
33
34 Marlene White, Recording Secretary
35 TimeSaver Off Site Secretarial, Inc.
36
0
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 — 16422 Hanson Blvd NW — Jill and
Michael Huston
DATE: May 24, 2017
INTRODUCTION
Mrs. Huston submitted a variance request for her property located at 16422 Hanson Blvd NW.
The request regards their current lot size and the building addition they're looking to add.
This property currently has a Conditional Use Permit to operate a dog kennel, which was
approved in 1988.
Variance Review
Mrs. Huston submitted a letter and is proposing a variance to add an addition to an accessory
structure which exceeds the total square footage of land covered by the foundation of the
principal structure.
City code 12-6-4 states that accessory buildings on a residential parcel with a lot area of five
acres or less, but more than one acre, shall not exceed the total square footage of land covered by
the foundation of the principal structure. The current principal structure is 1,920 square feet and
the accessory structure after the addition will be 1,940 square feet. The variance request is to
allow the accessory structure to exceed 20 square feet.
The owner has executed a Contract for Deed to purchase 1.5 acres of neighboring vacant land in
order to correct an encroachment issue. If they were to do the Contract for Deed now, then a
variance would not be needed. However, the applicant has indicated the Contract for Deed and
lot split cannot be recorded at this time due to the State/County requirement that all 2017
property tax be paid in full prior to the recording. Therefore, applicant indicated they cannot
presently afford to record the Contract for Deed. The parties have stated they intend to record
the contract and lot split in October 2017, after all property taxes for the year are certified and
paid. At that time, there will be a recorded Contract for Deed that will result in a combined land
area of 5.55 acres, allowing them to build the proposed 17x20 addition to the Dover Kennels
office building.
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:
AR
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 district which tends to have larger lots and allows
for larger accessory structures.
• Property owner is in process of acquiring additional land that once complete will
create a parcel that is 5.55 acres.
• The property owner has 4.05 acres which only allows for accessory structures that do
not exceed the foundation of the home.
2. The plight of the property owner is due to circumstances unique to the property not
created by the landowner.
• The property was purchased originally in 1988 as 5 acres. Anoka County acquired
.95 acres for Hanson Blvd ROW. The current applicant purchased the property in
2000. The current applicant is acquiring additional land through a Contract for Deed
to meet the 5 acre requirement.
• The building has existed since 1988 and is used for the same purpose and they now
need additional space.
3. The variance, if granted, will not alter the essential character of the locality and will not
alter the rural residential character.
• This property is in a rural area that tends to have larger accessory structures.
• Properties to the N and NE have accessory structures that appear to be larger than the
foundation of the home.
• The applicant is in the process of acquiring 1.5 additional acres.
4. Economic considerations alone do not constitute practical difficulties.
• The applicant is in the process of acquiring 1.5 additional acres.
• The applicant is spending additional funds for the addition.
• The Contract for Deed and lot split cannot be recorded at this time due to the
State/County requirement that all 2017 property tax be paid in full prior to recording.
Andover Review Committee (ARC) Comments
ARC reviewed the proposed variance request and had no comments pertaining to the request as
variances tend to follow policy decision based on set criteria identified in the ordinance.
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.
Attachments
Resolutions of Approval and Denial
Location Map
Photo Location Map
Photos
Existing Contours, Floodplain, and Wetlands
Property Survey
City Code 12-14-7
Resrsubmitted,
Dan Krumwiede
Associate Planner
Cc: Jill and Michael Huston, 16422 Hanson Boulevard NW, Andover, MN 55304
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES NO.
A RESOLUTION APPROVING THE VARIANCE REQUEST TO ADD AN ADDITION TO
AN ACCESSORY STRUCTURE WHICH EXCEEDS THE TOTAL SQUARE FOOTAGE OF
LAND COVERED BY THE FOUNDATION OF THE PRINCIPAL STRUCTURE, LOCATED
AT 16422 HANSON BOULEVARD NW, LEGALLY DESCRIBED AS:
The property is legally described as the southerly 330 feet of the easterly 660 feet of the North
Half of the Northeast Quarter of the Northeast Quarter of Section 15, Township 32, Range 24,
Anoka County, Minnesota, Subject to easement of record.
WHEREAS, Dover Kennels has requested a variance for an addition to an accessory structure
which exceeds the total square footage of land covered by the foundation of the principal
structure at the subject property by 20 square feet, and;
WHEREAS, the Planning and Zoning Commission held a Public Hearing pursuant to the
requirements of City Code 12-14-8, 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, based on the criteria for granting a variance under City Code 12-14-7B, City
Council finds the following findings of fact to support the approval of the variance requests:
• A property owner resides in the R-1 district which tends to have larger lots and allows for
larger accessory structures.
• Property owner is in process of acquiring additional land that once complete will create a
parcel that is 5.55 acres.
• The property was purchased originally in 1988 as 5 acres. Anoka County acquired .95
acres for Hanson Blvd ROW. The current applicant purchased the property in 2000. The
current applicant is acquiring additional land through a Contract for Deed to meet the 5
acre requirement.
• The building has existed since 1988 and is used for the same purpose and they now need
additional space.
• The applicant is in the process of acquiring 1.5 additional acres.
• The applicant is spending additional funds for the addition.
WHEREAS, The Planning and Zoning Commission recommends to the City Council approval of
the variance 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 20
square foot variance request at 16422 Hanson Boulevard NW.
Adopted by the City Council of the City of Andover on this 20th day of June, 2017.
CITY OF ANDOVER
ATTEST:
Michelle Hartner, Deputy City Clerk
Julie Trude, Mayor
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES NO.
A RESOLUTION DENYING THE VARIANCE REQUEST TO ADD AN ADDITION TO AN
ACCESSORY STRUCTURE WHICH EXCEEDS THE TOTAL SQUARE FOOTAGE OF
LAND COVERED BY THE FOUNDATION OF THE PRINCIPAL STRUCTURE, LOCATED
AT 16422 HANSON BOULEVARD NW, LEGALLY DESCRIBED AS:
The property is legally described as the southerly 330 feet of the easterly 660 feet of the North
Half of the Northeast Quarter of the Northeast Quarter of Section 15, Township 32, Range 24,
Anoka County, Minnesota, Subject to easement of record.
WHEREAS, Dover Kennels has requested a variance for an addition to an accessory structure
which exceeds the total square footage of land covered by the foundation of the principal
structure at the subject property by 20 square feet, and;
WHEREAS, the Planning and Zoning Commission held a Public Hearing pursuant to the
requirements of City Code 12-14-8, and;
WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined
that said request does not meet the criteria of City Code, and;
WHEREAS, based on the criteria for granting a variance under City Code 12-14-713, the
Planning and Zoning Commission fmds the following fmdings of fact to support the denial of the
variance requests:
• The Contract for Deed and lot split cannot be recorded at this time due to the
State/County requirement that all 2017 property tax be paid in full prior to recording.
• The property owner has 4.05 acres which only allows for accessory structures that do not
exceed the foundation of the home.
WHEREAS, The Planning and Zoning Commission recommends to the City Council to deny the
variance 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 denies the 20
square foot variance at 16422 Hanson Boulevard NW.
Adopted by the City Council of the City of Andover on this 20th day of June, 2017.
CITY OF ANDOVER
ATTEST: Julie Trude, Mayor
Michelle Hartner, Deputy City Clerk
1.5 acre addition
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fxlsting Property Deecrlpt/on - 16474 Hanson Blvd. NW
Por County Tex Assessor!
The N112 of the NE114 of the NE114 of Section 155 Tomah 1p 32, Range 24,
,Ar�oke County, Mlnnasota, oxcapt the southerly 330 feet of the easterly
6a0 feet and except road.
Suggppsated Revised Property Description - 16474 Henson Blvd. NW
Ufter Spl/tl
That part of the NI/2 of the NEJ14 of the NEI14 of Sectlon !j Townehlp j2 Range 24,
Anoka County, Mlnnesote, 1yIny north and West of the mouth 7SO.O .feet of Tile east
798.0 feet and west of ANOXA CGNTY HIGHWAY RIGHT -DF -WAY PLAT NO. 27.
SCALE IN FEET
SCALE, 11NCH - 100 FFE7'
0 100 200
BEARINGS SHOWN ARE ASSUMED
#16474
12.36 Acres
(after spllt)
r ^ NORTH LINE OF THE SOUTH 330' OF THE NEI/4 OF TOE NEI/4
s 80.46'o0"E 733.00
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Needy L. KTM, RLS. Na. 20270
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Ja•.ary 16, 2017
KURTH SURVEYING, IRC.
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Exleting Prop arty Descr)ptlon - 16422 Hanson Blvd. NW
(Per County Tax Assessor)
Th. southerly 3 O fast of the easterly 660 feet of the
N112 of the 114 of the NEI14 of Section 15,Te"shlp 32,
Range 24, Anoka County, Mfnnesota, except road.
#16422
4.05 Acres (existing)
Suggg.e,,ted Revleed Property Deacrlptlan - 16422 Hanson Blvd. AV
(A ttaching Sp l It Parcell
That pert of the southerly 330.0 feet of the easterly 796.0 feet
of the N112 of the AC114 of the NEI/4 of Sectlon 15, Towna�__h�lPp J2,
Rangpe 24 Anoka County Minnesota, lying West of ANOKA COUNTY
HIGHWAY itIGHT-OF-WAY PLAT M. 27
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SOUTH LINE OF THE NI/2 OF THE WEI/4 OF THE NEI/4:OF SEC, 15, T.32, R.24
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NOTE THIS IS NOT A TOTAL BOUNDARY SURVEY. NO LOCATION OF BU201NGS. IMPROVEMENTS, EASEMENT$
ENCROACHMENTS OR OTHER BOUNDARY CORNERS 07HER THAN THOSE S WN HEREON.
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Exleting Prop arty Descr)ptlon - 16422 Hanson Blvd. NW
(Per County Tax Assessor)
Th. southerly 3 O fast of the easterly 660 feet of the
N112 of the 114 of the NEI14 of Section 15,Te"shlp 32,
Range 24, Anoka County, Mfnnesota, except road.
#16422
4.05 Acres (existing)
Suggg.e,,ted Revleed Property Deacrlptlan - 16422 Hanson Blvd. AV
(A ttaching Sp l It Parcell
That pert of the southerly 330.0 feet of the easterly 796.0 feet
of the N112 of the AC114 of the NEI/4 of Sectlon 15, Towna�__h�lPp J2,
Rangpe 24 Anoka County Minnesota, lying West of ANOKA COUNTY
HIGHWAY itIGHT-OF-WAY PLAT M. 27
N 00'46.08eW 1103,7]
SOUTH LINE OF THE NI/2 OF THE WEI/4 OF THE NEI/4:OF SEC, 15, T.32, R.24
535.06
NOTE THIS IS NOT A TOTAL BOUNDARY SURVEY. NO LOCATION OF BU201NGS. IMPROVEMENTS, EASEMENT$
ENCROACHMENTS OR OTHER BOUNDARY CORNERS 07HER THAN THOSE S WN HEREON.
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ATTACHMENT A
LEGAL DESCRIPTIONS
• DENOTES IRON PIPE NONIIM£NT FOUND
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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 tog er
ith a fee as set forth by ordinance. An additional fee as set forth
o dinance may be required for each meeting in excess of two ( , which is
ne essary because of incomplete information or changes in t petition.
The ommunity Development Director shall refer the appli tion to the
Planning and Zoning Commission. (Amended Ord. 8, 10 1-1970; amd.
2003 C de)
2. A public
ea ng shall be held in accordance wi section 12-14-8.
(Amended d. 31410-4-2005)
3. City Council ction: After a completed ap ication has been submitted,
the City Council all follow the deadline f r response as outlined in State
Statute 15.99. (A ended Ord. 314, 10- -2005)
4. Amended Applicati n: An Amend Conditional Use Permit application -
shall be administered i a manner imilar to that required for a new
conditional use permit; a d the f shall be as set forth by ordinance.
Amended conditional use er ' s shall include reapplications for permits
that have been denied, req is for changes in conditions, and as
otherwise described in this it . (Amended Ord. 8, 10-21-1970; amd. 2003
Code)
5. Reapplication After ental: No a plication for a Conditional Use Permit
shall be resubmitte In/
a period of a year from the date of said order of
denial.
6. Hearing Ma Be Held: When a Conditi al Use Permit may be of
general inter t to the community or to mor than the adjoining owners,
the Plannin and Zoning Commission may h a public hearing, and the
Condition Use Permit shall be reviewed with tice of said hearing
publishe at least ten (10) days prior to the hear! (Amended Ord. 314,
10-4-2 5)
D. Time/Limit On Implementing Conditional Use: If the City'Eouncil
det #mines that no significant progress has been made in t,first twelve
(1 ) months after the approval of the Conditional Use Per mit,`IN permit
II 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 1-7-3H 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
is 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 thefirst 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 1-7-31-1 of this code.
NDOVE:
1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100
FAX (763) 755-8923 • WWW.CLANDOVER.MN. US
TO: Planning and Zoning Commissioners
FROM: Stephanie L. Hanson, City Planner
SUBJECT: PUBLIC HEARING: Conditional Use Permit (CUP) - In Home Therapeutic
Massage Therapy - 15824 Olive St NW - Lisa Scholl
DATE: May 24, 2017
INTRODUCTION
The applicant is seeking a CUP for an in-home massage therapy business. Therapeutic massage
is permitted as a conditional use in an R-4 Single Family -Urban zoned district as a Home
Occupation.
DISCUSSION
The applicant has been a Certified Massage Therapist for 14 years. No more than 3 clients will
be taken each day. The proposed massage area will be located in the lower level and will require
no physical changes to the interior or exterior. Clients will enter and leave through the front door.
There will be no outdoor space used.
Days and Hours of Operation
Hours and days of operation will vary; however no clients will be on the premises before 7:00
am or after 10:00 pm.
Traffic
Due to the small number of clients as well as the appointment -based nature of the business, Olive
St NW will only receive a minimal increase in traffic and will not adversely affect the
surrounding roadways.
Parking
City Code 12-13-8 specifies the number of parking spaces required for various uses. Being that
the proposed space to be used for in-home therapeutic massage is also a single family home, they
are considered one entity. Single Family Residential has a requirement of 2 spaces in addition to
the required garage. The clients will park in the driveway of the home.
Review Criteria
12-14-6 B: Criteria for Granting Conditional Use Permits:
1. In granting a Conditional Use Permit, the City Council shall consider the advice and
recommendation of the Planning and Zoning Commission and:
a. The effect of the proposed use upon the health, safety, morals, and general
welfare of occupants of surrounding lands.
b. Existing and anticipated traffic conditions, including parking facilities on adjacent
streets and land.
c. The effect on values of property and scenic view in the surrounding area, and the
effect of the proposed use on the Comprehensive Plan.
ACTION REQUESTED
The Planning Commission is asked to hold a public hearing and provide a recommendation to
the City Council regarding the conditional use permit request.
Attachments
Resolution
Location Map
Photos of Site
Applicant's Letter
City Code 12-9, Home Occupations
City Code 3-6, Massage Businesses and Services
Respectfully tbmi ed
Stephanie L. Hanson
Andover City Planner
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR ON-SITE IN-HOME
THERAPUETIC MASSAGE SERVICES ON PROPERTY LOCATED AT 15824 OLIVE
STREET NW LEGALLY DESCRIBED AS FOLLOWS:
LOT 3, BLOCK 1, MILLER'S WOODS 2ND ADDITION, ANDOVER MN
WHEREAS, the applicant has requested approval of a conditional use permit for on-site
therapeutic massage services on the subject property; and
WHEREAS, the Planning and Zoning Commission held a public hearing pursuant to 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 the approval
of this request.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover has
received the recommendation of the Planning and Zoning Commission and hereby approves the
conditional use permit for off-site therapeutic massage services subject to the following
conditions:
1. All aspects of the home occupation shall conform to the requirements of City Code
Title 3, Chapter 6 Massage Businesses and Services.
2. A parking space for clients shall be established in the driveway of the residence.
3. Hours of operation shall be daily from 7:00 a.m. — 10:00 p.m.
Adopted by the City Council of the City of Andover on this _ day of 12017.
CITY OF ANDOVER
ATTEST:
Michelle Hartner, Deputy City Clerk
Julie Trude, Mayor
AN.., VER
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Photos of Site
1582.4 Olive Street NW
Parking available in the driveway
Applicant's Letter
t,
May 8 , 2017
City of Andover Planning Division
1685 Crosstown Boulevard NW
Andover, MN 55304
Dear Sir or Madam,
I am requesting a permit to operate a home therapeutic massage business at 15824 Olive St NW (Miller's Woods). I
have been a Certified Massage Therapist since 2003. My licensed therapeutic massage business will be located in
the lower level, in a room 13'x16'. The room has adequate facilities for restroom and changing. The room also has
a closet with shelves for storing supplies in an acceptable way. All clients will enter through the front door of the
primary residence and will exit in the same manner. Hours of operation will be varying days and times, however no
clients will be on the premises before 7:OOam or after 10:OOpm any day. There will be no more than one client on
the premises at any one time. No more than 3 clients will be taken per day. Adequate off street parking is available
in the three car driveway. I will be the only licensed therapist on the premises and will be the only employee on site.
My plan is to run a small family and friends based therapeutic massage business. I will not be advertising publicly.
Please contact me with fiuther questions at 612-845-5992 or lisascholl &comcast.net
Sincerely,
Lisa Scholl
Certified Massage Therapist
CHAPTER
HOME OCCUPATIONS
SECTION:
City Code 12-9
Home Occupations
12-9-1: Purpose
12-9- 2: Permitted Home Occupations; Location Restrictions
12-9- 3: Home Occupations In Accessory structures
12-9- 4: Nonconforming Home Occupations
12-9- 5: Conditional Use Permits
12-9- 6: Special Home Occupation Permits
12-9- 7: Inspections
12-9- 8: In -Home Beauty Salons and Barbershops
12-9- 9: Vested Rights
12-9-10: Suspension Or Revocation Of Conditional Use Permit
12-9-11: Illegal Home Occupations; Penalty
12-9-1: PURPOSE: The purpose of this chapter is to prevent competition
with business districts and to provide a means through the establishment of
specific standards and procedures by which home occupations can be conducted
in residential neighborhoods without jeopardizing the health, safety and general
welfare of the surrounding neighborhood. In addition, this chapter is intended to
provide a mechanism enabling the distinction between permitted home
occupations and nonconforming or customarily more sensitive home
occupations, so that nonconforming home occupations may be allowed through
an administrative process rather than a legislative hearing process. (Amended
Ord. 8, 10-21-1970)
12-9-2: PERMITTED HOME OCCUPATIONS; LOCATION
RESTRICTIONS: All home occupations that conform to all of the
following provisions maybe conducted entirely within the principal structure.
Home occupations shall not be conducted in a garage or accessory building
unless the property owner has obtained a Conditional Use Permit as stated in
Section 12-9-3 of this chapter or has obtained a Special Home Occupation
Permit as stated in Section 12-9-4 of this chapter. Home occupations may be
conducted by an individual who resides on.the property and uses the residence
as a primary address for legal purposes. (Amended Ord. 431, 10-15-13)
A. Permitted' Home Occupations Enumerated: Permitted home occupations
include, and are limited to: art or photo studio, dressmaking, secretarial
services, professional offices, repair services, or teaching services limited
to three (3) students at any one time and similar uses.
B. Number Of Employees: The number of employees shall be limited to
one person on site in. addition to family members. (Amended Ord. 8, 10-
21-1970)
C. Amount Of Building Space Used: The area within the principal structure
used by the home occupation shall not exceed twenty percent (20%).of
the dwelling's livable floor area. Basements may be included if they meet
all State Building Code requirements. (Amended. Ord. 8, 10-21-1970;
emd. 2003 Code)
D. On Site Sales: On site sales shall be prohibited, except those clearly
incidental to services provided in the dwelling.
E. Dwelling Changes: Any interior or exterior alterations of a dwelling for a
home occupation shall be prohibited, except those customarily found in
a dwelling.
F. Vehicles: Vehicles associated with a home occupation shall be regulated
as stated in Title 12, Chapter 13, Performance Standards and in Title 6,
Motor Vehicle and Traffic. (Amended Ord. 392, 5/18/10)
G. Signs: Signs shall be regulated as stated in Title 12, Chapter 15.
H. Performance Standards: No home occupation shall produce light glare,
noise, odor or vibration that will in any way have an objectionable effect
upon adjacent or nearby property. ,
I. Supervision: The home occupation shall be conducted by at least one
member of the family who resides in the dwelling unit.
J. Building And Safety Requirements: The home occupation shall meet all
applicable fire.and building codes. (Amended Ord. 8,10-21-1970)
12-9-3: HOME OCCUPATIONS IN ACCESSORY STRUCTURES
A. Conditional Use Permit Required: A Conditional Use Permit shall be
required for the following home occupations that are located in an
accessory structure or detached garage and/or require exterior storage:
1. Cabinet. making.
2. Woodworking. .
3. Repair services.
4. Similar uses as those stated in Subsections Al through A3 of this
section.
B. Conditions Of Permit: These home occupations shall be subject to the
following conditions:
1. Lot Size: The size of the lot or parcel of land shall be three (3) acres or
larger.
2. Area Of Use: The combined square footage of the accessory structure
and/or outside storage area utilized by the home occupation shall not
exceed eight hundred (800) square feet.
3. Setbacks: Setbacks of the accessory building and outside storage area
shall be of a magnitude found necessary by the city, but in no case shall
there be less'than a one hundred foot (100') front yard setback, thirty foot
(30') side yard setback and fifty foot (50') rear yard setback or as required
in Section 12-3-4 of this title.
4. Storage Restrictions: The outside storage area and all commercial
vehicles, materials and equipment for the business being stored on site
shall be fenced, landscaped and screened in such a manner as to prevent
them from being visible at any time of the year from road rights-of-way,
public properties and surrounding properties. (Amended Ord. 314 10-4-
2005)
5. Other Requirements: All provisions in Section 12-9-2 of this chapter.
(Amended Ord. 8, 10-21-1970)
6. Termination of Use Upon Sale of Property: Upon sale of the premises
for which the Conditional Use Permit is granted, such permit shall
terminate. (Amended 'Ord. 31410-4-2005)
12-9-4: NONCONFORMING HOME OCCUPATIONS:
Properties that had nonconforming home occupations prior to the adoption of this
title (May 15, 1990) were given an opportunity to apply for a Special Home
Occupation Permit. Those that were granted a permit are on file with the
Department of Community Development and may continue to operate. However,
they shall not increase in extent, number, volume, or scope from any of the
information stated in the permit, or the permit will be subject to revocation.
(Amended Ord. 314 10-4-2005)
12-9-5: CONDITIONAL USE PERMITS: Conditional Use Permits granted
in Section 12-9-3 of this chapter shall follow the criteria established in Section 12-
14-6 of this title. These permits shall be valid for one year from the date of
issuance (unless otherwise specified in the resolution for approval) and thereafter
shall be automatically renewed each year unless objections or complaints are
received or the conditions of the permit are not adhered to. (Amended Ord. 8, 10-
21-1970)
12-9-6: SPECIAL HOME OCCUPATION PERMITS:
A. Temporary Permits: Nonconforming Home Occupation permits granted
by Section 12-9-4 of this chapter shall be temporary in nature, and
shall be granted to a designated person who resides at the address
where the home occupation is being conducted. (Amended Ord. 314,
10-4-2005)
B. Non -transferability Of Permit: These permits shall hot run with the
land and shall not be transferable.
C. Renewal Of Permit: Special Home Occupation Permits shall be
automatically renewed each year unless objections or complaints are
received, or conditions of the permit are not adhered to.
D. Termination Of Permit: If the Special Home Occupation Permit holder
expires or moves to a new location, the existing permit shall automatically
terminate. In the case of death or other separation, the family member(s)
remaining at the same address may continue the home occupation if
written notice is given to the Department of Community Development and
authorization for the continuation of the permit is given with Council
approval. (Amended Ord. 314 10-4-05)
12-9-7: INSPECTIONS: There may be one annual inspection each year
made by the City Administrator or Administrator's designee of the property
covered by a Conditional Use Permit or Special Home Occupation Permit. In
addition, the City Administrator or the Administrator's designee shall, upon
reasonable request, enter and inspect the premises covered by said permit for
compliance purposes. (Amended Ord. 8, 10-21-1970)
12-9-8: IN HOME BEAUTY SALONS AND BARBERSHOPS:
In home beauty salons/barbershops shall be subject to the following:
A. Compliance with Title 3, Chapter 6 of the City Code.
B. Drawings Submitted: Drawings detailing the salon/shop shall be submitted
at the time of the request for the Conditional Use Permit.
C. Compliance With State Requirements: The salon/shop must comply with
the State Cosmetology Board and the State Barbers Board requirements.
D. Number of Chairs: One chair salon/barber only.
E. Hours of Operation: The hours of operation shall be approved by the City
Council.
F. Parking: Parking requirements shall be as set out in section 12-13-10 of
this title.
G. Non-sewered Areas: In non-sewered areas, the septic system shall be in
compliance with Title 10, Chapter 4 of this code. A beauty shop/barber
shop shall be considered the equivalent to one bedroom in terms of usage
under Title 10, Chapter 4 of this code.
H. Termination of Use Upon Sale of Property: Upon sale of the premises for
which the Conditional Use Permit is granted, such permit shall terminate.
(Amended Ord. 8, 10-21-1970, Ord. 314 10-4-2005)
12-9-9: VESTED RIGHTS: No home occupation allowed by Conditional
Use Permit or Special Home Occupation Permit shall confer upon any person or
to the benefit of any property owner any vested right. Rather, the use shall
remain subject to all conditions of the permit as established. by the city. The city
may find it necessary from time to time to review the conditions of the permit as
they relate to the provisions of the general welfare of the community. (Amended
Ord. 8, 10-21-1970)
12-9-10: SUSPENSION OR REVOCATION OF CONDITIONAL USE
PERMIT: When the City Council determines that the public interest
so requires, it may revoke or suspend the Conditional Use Permit of a home
occupation when it finds, after due investigation and a public hearing, that:
A. The permit holder, or any of his or her employees, has concealed
the receipt of stolen property or has knowingly received stolen
property.
B. The permit holder has not complied with the provisions of law
applicable to the premises, equipment or operation of the home
occupation.
C. The permit holder has obtained a permit.through fraud or misstatement.
D. The home occupation or activity is being conducted in a manner found to
be detrimental to the health, safety, or general welfare of the public or is
a nuisance, or is being operated or carried on in an unlawful manner.
E. The home occupation has not been operating or in business for a period
of six (6) consecutive months. (Amended Ord. 8, 10-21-1970)
12-9-11: ILLEGAL HOME OCCUPATIONS; PENALTY: All home
occupations that are being conducted in violation of this chapter are illegal. Any
person violating any provision of this chapter shall be guilty of a misdemeanor
and, upon conviction thereof, shall be subject to punishment as defined by state
law. (Amended Ord. 8,10-21-1970)
12-9-12: FARM WINERIES: The following provisions shall apply to all farm
wineries that are considered home occupations under the Conditional Use Permit
process:
A. Farm wineries which shall be allowed on 2 Y acre or larger parcels in the
R-1, R-2 and R-3 Zoning Districts.
B. Farm Wineries shall follow the standard building setbacks for the
applicable Zoning District.
C. Whether conducted in a principal or accessory structure, a farm winery
shall not be operated as a retail store (i.e. no retail displays will be
allowed).
D. Farm wineries shall be allowed only six on-site customer sales per day.
All other sales will need to be made by the internet/telephone and mailed
or shipped to the buyer.
E. Farm wineries shall be subject to production limits on the amount of wine
produced on-site each year, as specified in the Conditional Use Permit.
F. Other Requirements including but not limited to: All provisions of Section
12-9-2 and 12-9-7 of this chapter.
G. Termination of Use Upon Sale of Property: Upon sale of the premises for
which the Conditional Use Permit is granted, such permit shall terminate.
(Amd. 2/20/07, Ord. 339)
City Code 3-6
Massage Businesses and Services
CHAPTER 6
MASSAGE BUSINESSES AND SERVICES
SECTION:
3-6-1:
Purpose
3-6-2:
Findings
3-6-3:
Definitions
3-6-4:
Licenses Required; Exceptions
3-6-5:
Applications For Licenses: Issuance Or Denial
3-6-6:
Manager Required
3-6-7:
Licensee Rules, Regulations And Restrictions
3-6-8:
Off Site Massage Services
3-6-9:
Building Requirements
3-6-10:
Grounds For Denial, Revocation Or Suspension Of Licenses
3-6-11:
Violations; Penalties
3-6-1: PURPOSE: The purpose of this chapter is to prohibit massage
businesses and services to the public except those licensed as therapeutic
massage establishments and therapeutic massage therapists pursuant to this
chapter. The licensing regulations prescribed herein are necessary in order to
prevent criminal activity and to protect the health, safety and the general welfare
of the people of the city. The purpose of this chapter is not intended to impose
restrictions or limitations on the freedom of protected speech or expression.
(Amended Ord. 110, 8-1-1995)
3-6-2: FINDINGS: It is hereby found, for the following reasons, that within
the city there is a need to license therapeutic massage enterprises and therapists
and to prohibit all other types of massage businesses and services to the public:
(Amended Ord. 110, 8-1-1995; amd. 2003 Code)
A. Persons who have a bona fide and standardized training in therapeutic
massage, health and hygiene can provide a legitimate and necessary
service to the general public.
B. Health and sanitation regulations governing therapeutic massage
establishments and therapists can minimize the risk of the spread of
communicable diseases and can promote overall health and sanitation.
C. License qualifications for and restrictions on therapeutic massage
establishments and therapists can minimize the risk that such businesses
and persons will facilitate prostitution and other criminal activity in the
community.
D. Massage services provided by persons with no specialized and
standardized training in massage can endanger citizens by facilitating
the spread of communicable diseases, by exposing citizens to
unhealthy and unsanitary conditions, and by increasing the risk of
personal injury.
E. Massage businesses that employ persons with no specialized and
standardized training can tax city law enforcement services because such
businesses are more likely to be operated as fronts for prostitution and
other criminal activity than operations established by persons with
standardized training. (Amended Ord. 110, 8-1-1995)
3-6-3: DEFINITIONS: The following words and terms, when used in this
chapter, shall have the following meanings unless the context clearly indicates
otherwise:
CLEAN: The absence of dirt, grease, rubbish, garbage, and
other offensive, unsightly, or extraneous matter.
GOOD REPAIR: Free of corrosion, breaks, cracks, chips, pitting,
excessive wear and tear, leaks, obstructions, and
similar defects so as to constitute a good, sound
condition.
MASSAGE
THERAPIST: A -person who practices or performs -therapeutic
massage on a person for compensation and meets
the licensing requirements set forth in this chapter.
OFF-SITE
THERAPEUTIC
MASSAGE
SERVICES: Massage services conducted away from a licensed massage
establishment. Such off-site massage service locations shall
include, but not limited to, businesses and private homes.
ON-SITE
THERAPEUTIC
MASSAGE
SERVICES: Massage services conducted at a licensed massage
establishment. Such on-site massage service locations
shall include, but not be limited to, businesses and private
homes.
PERSON: Any individual, firm, association, partnership,
corporation, joint venture, or combination of
individuals.
THERAPEUTIC
MASSAGE: The practice of applying pressure on, or friction against, or
the rubbing, stroking, kneading, tapping, or rolling of the
external parts of the human body with the hands or with the
aid of a mechanical or electrical apparatus, appliance, or
device with or without such supplementary aids as rubbing
(isopropyl) alcohol, liniment, antiseptic, oil, powder, cream,
lotion, ointment, or other similar preparation, for the
exclusive purpose of tension, stress, and pain relief,
relaxation, increased range of motion, muscle tone
improvement, physical. fitness, or beautification and for no
other purpose, by a person not licensed as a medical doctor,
chiropractor, osteopath, podiatrist, nurse, or physical
therapist, or an assistant who works solely under the
direction of any of the above described professionals, or
beautician and barber who confine their treatments to the
scalp, face, and neck.
THERAPEUTIC
MASSAGE
ESTABLISHMENT: An establishment in which the business of providing
therapeutic massage services (on-site and off-site) to
the public is carried on. (Amended Ord. 110, 8-1-1995;
amd. 2003 Code)
3-6-4: LICENSES REQUIRED; EXCEPTIONS:
A. Therapeutic Massage Establishment License: It shall be unlawful for any
person to directly or indirectly, upon any pretense or by any device,
engage in the business of keeping, conducting, or operating any
massage establishment within the city, which is open to the public or for
which any charge or fee is made, or any money or thing of value is
solicited or received, except a "therapeutic massage establishment" as
defined in Section 3-6-3 of this chapter, and then only after first obtaining
a duly issued license therefore from the city. A person who operates an
establishment described in this chapter without a valid license issued the
city shall be guilty of a misdemeanor offense.
B. Therapeutic Massage Therapist License: It shall be unlawful for any
individual to practice, administer, or provide massage services to the
public for consideration within the city without first having obtained a
Therapeutic Massage Therapist license. A person who practices,
administers, or provides massage services as described in this chapter
without a valid license issued by the city shall be guilty of a
misdemeanor offense.
C. Exceptions: A therapeutic massage establishment or therapist license is
not required for the following persons and places:
1. A health care facility licensed by the State of Minnesota.
2. A health care facility owned in whole or in part by the State of
Minnesota or any of its agencies.
3. A medical clinic or hospital, so long as the massage is performed by a
state licensed physician, chiropractor, osteopath, podiatrist, nurse,
physical therapist, or an assistant working under the direction of any of the
above described professionals.
4. A physical therapy clinic or athletic facility, so long as the massage is
performed by a state licensed physical therapist, athletic director, coach or
trainer. �.
5. A beauty parlor or barbershop located in a commercial or industrial
district, so long as the massage is performed by a state licensed
beautician or barber, and treatment is limited to the following:
a. Scalp, face, neck and shoulders, associated with a scalp
massage.
b. Hands to elbows, associated with a manicure.
c. Feet to knees, associated with a pedicure. (Amended Ord. 110,
8-1-1995)
3-6-5: APPLICATIONS FOR LICENSES; ISSUANCE OR DENIAL:
A. Therapeutic Massage Establishment:
1. Form: An application for a therapeutic massage establishment license
shall be made on a form supplied by the city. (Amended Ord. 110, 8-1-
1995)
2. Initial License: All initial applications shall be accompanied by a non-
returnable investigation fee in the amount as set forth by ordinance' .
Each application shall contain: (Amended Ord. 110, 8-1-1995; amd. 2003
Code)
a. The names, addresses, and dates of birth of the owners,
lessees, operators, and massage therapists of the proposed therapeutic
massage establishment.
b. A legal description and location of the premises.
c. Information as to the conviction of any crime or offense
committed by anyone listed on the application.
d. All applications by corporations shall include the names,
addresses, and dates of birth of all persons having a beneficial interest
therein.
e. A description of services to be provided.
f. Such other information as the City Council may require.
3. Insurance: Each applicant for a license shall file with the city a public
liability insurance policy or certificate of insurance from a company
authorized to do business in the State of Minnesota, insuring the applicant
against any and all loss arising out of the use, operation, or maintenance
of the therapeutic massage establishment. The policy of insurance shall
be in limits of not less than five hundred thousand dollars ($500,000.00).
Failure to keep in full force and effect the insurance required herein is
grounds for revocation.
4. Investigation Of Applicant: Prior to consideration of the application by
the City Council, an investigation shall be made by the Code Enforcement
Officer and the Building Official to determine compliance with this chapter
of all premises proposed to be licensed, and by the County Sheriffs
Department of all persons listed on the license application. (Amended Ord.
110, 8-1-1995)
5. Expiration Of License; Renewals: Each license shall expire on
December 31 of that year. Licenses must be renewed annually. The
renewal application shall be accompanied by an annual fee as set forth by
ordinance'. For a renewal, the applicant must provide full information, as
required for the initial licenses, for any new owners, lessees, operators, or
massage therapists proposed to be involved in the massage business,
and also provide any changes in the name, address, criminal record, or
other relevant information of any other owner, lessee, operator, or
See subsection 1-7-3A of this code.
See subsection 1-7-3A of this code.
massage therapist. The Code Enforcement Officer, Building Official,
and/or County Sheriffs Department may conduct an investigation prior to
any renewal.
B. Therapeutic Massage Therapist:
1. Form; Age Restriction: An application for a therapeutic massage therapist
license shall be made on a form supplied by the city. All applicants shall be at
least eighteen (18) years of age.
2. Initial License: All initial applications shall be accompanied by a non -returnable
investigation fee in the amount as set forth by ordinance. Each application shall
contain: (Amended Ord. 1.10, 8-1-1995; amd. 2003 Code)
a. The name, age and address of the applicant.
b. The length of experience in this occupation and the past places o
employment and positions held.
c. A description of any crime or other offense, including the time, place,
date, and disposition, for which the applicant has been arrested and convicted.
d. A statement as to whether the individual has had any license denied,
revoked, or suspended in the city or the State of Minnesota, the reason therefore,
and the business activity or occupation of the individual subsequent to such
suspension, revocation, or denial.
3. Educational Requirements: Each applicant for a Therapeutic Massage
Therapist license shall furnish with the application proof of graduating from a
school of therapeutic massage with a core curriculum -of -at -least five hundred
(500) hours of in class, teacher supervised instruction of which no more than two
hundred (200) hours shall be clinical training.
4. Investigation Of Applicant; Issuance Or Denial Of License: A background
check from the Bureau of Criminal Apprehension shall be required prior to
issuance of a license. The license application shall thereafter be reviewed by the
City Clerk, County Sheriff's Department, and such other departments as shall be
deemed necessary. Such departments will thereafter submit their reports and
recommendations to the City Clerk, who will submit all of the reports and
recommendations to the City Council. The Council shall either grant or deny the
license. (Amended Ord. 110, 8-1-1995)
5. Expiration Of License; Renewals: Each license shall expire on December 31 of
that year. Licenses must be renewed annually. The renewal application shall be
accompanied by an annual fee as set forth by ordinance. The Code
Enforcement Officer, Building Official, and/or County Sheriff's Department may
conduct an investigation prior to any renewal. (Amended Ord. 110, 8-1-1995;
amd. 2003 Code)
3-6-6: MANAGER REQUIRED: Before a license is issued under this
chapter, the applicant shall designate in writing a natural person who is to be
manager and in responsible charge of the business, and upon whom service of
process may be made. Such person shall remain responsible for the conduct of
the business until another suitable person has been designated in writing by the
licensee. The licensee shall promptly notify the city and County Sheriff's
Department in writing of any change, indicating the name, address, and date of
birth of the new manager, and the effective date of such change. (Amended Ord.
110, 8-1-1995)
3-6-7: LICENSEE RULES, REGULATIONS AND RESTRICTIONS:
A. All massage therapist licensees shall:
1. Display Of License: Display current licenses in a prominent place at the
place of employment.
2. Hours Of Operation: Not allow the licensed premises to be open for
business or allow patrons to be on the premises between the hours of ten
o'clock (10:00) P.M. and seven o'clock (7:00) A.M.
3. Genitalia To Be Covered: Require that a person who is receiving a
massage shall have their genital areas covered with an appropriate
opaque covering. (Amended Ord. 110, 8-1-1995)
B. In addition to the above rules, regulations, and restrictions, the City
Council may, upon notice and hearing, promulgate such rules as he or
she deems necessary to carry out the provisions and purposes of this
chapter to protect the public health, to provide for safe and sanitary
operation of licensed therapeutic massage establishments, to provide for
the safety of therapeutic massage establishments, to provide for the
safety of therapeutic massage and related massage equipment, and for
the proper training of persons employed in the operation of such
massage establishments. Notice of the promulgation of such rules, and
the hearing date shall be given to all licensees, and notice of the hearing
date published once in the legal newspaper of the city. The notice shall
advise that at the hearing, written or oral comments on proposed rules
will be received, and how a copy of the proposed rules can be obtained.
Such rules shall be effective after such hearing when filed in the office of
the City Clerk. Violation of such rules shall be sufficient grounds for
See subsection 1-7-3A of this code.
adverse action against licenses issued under this chapter. (Amended
Ord. 110, 8-1-1995)
3-6-8: OFF-SITE MASSAGE SERVICES:
A. Sanitation Requirements: All licensed massage therapists conducting
off-site massage services as permitted by the zoning ordinance shall
establish and maintain a supply storage facility containing any and all
materials used in conducting off-site massage services. The Code
Enforcement Officer, Building Official, and/or other city representatives
shall have the right to enter and inspect the storage facility at all
reasonable times. Rules as to required sanitation and storage shall be
adopted in accordance with this section.
C
Records Kept: All licensed massage therapists shall keep a record of all
off-site massage services performed. The record shall be legible, written in
ink or other indelible medium, or in a computerized format, and in the
English language. It shall include the name of the massage therapist, the
name of the person receiving massage services, the address where the
massage service was performed, and the date and time of such service.
The record shall be maintained for a period of two (2) years from the date
the massage service was performed. Such record shall be open for
inspection to the City Administrator or his/her authorized representative at
all reasonable times. (Amended Ord. 110, 8-1-1995; amd. 2003 Code)
3-6-9: BUILDING REQUIREMENTS:
A. Compliance With State Regulations: All persons who hereafter construct,
extensively remodel, or convert buildings or facilities for use as
therapeutic massage establishments which are open to the -public, shall - -
comply with the requirements of the State Building Code and all
amended codes. To the extent the building code or fire code does not
impose more restrictive requirements, the provisions of this chapter shall
govern.
B. Construction And Maintenance Requirements:
1. Floors, walls, and equipment in massage rooms, restrooms, bathrooms,
janitor's closet, hallways, and reception area used in conjunction therewith
must be kept in a state of good repair and clean at all times. Linens and
other materials shall be stored at least twelve inches (12") off the floor.
Clean towels and washcloths must be available for each customer.
2. If massage is performed in individual rooms, the doors to the individual
massage rooms shall not be equipped with locking devices and shall not
be blocked or obstructed from either side. (Amended Ord. 110, 8-1-1995)
3-6-10: GROUNDS FOR DENIAL, REVOCATION OR
SUSPENSION OF LICENSES:
A. It shall be grounds for denial of the application or for revocationor
suspension of the license if the applicant or licensee is not complying with
or has a history of violations of the laws and ordinances that apply to the
public health, safety, and morals.
B. It shall be grounds for the denial, revocation, or suspension of the
license: (Amended Ord. 110, 8-1-1995)
1. If the licensee is convicted of any violation reasonably related to the
licensed activity and/or occurring on the licensed premises, of any city
ordinance or Federal or State Statute. (Amended Ord. 110, 8-1-1995;
amd. 2003 Code)
2. If there is fraud or deception involved in the license application.
3. If the licensee is found to be in control or possession of any alcoholic
beverages or narcotic drugs or controlled substances on the premises for
which he or she is licensed to operate, possession of which is illegal as
defined in Minnesota statutes or city ordinances.
4. If the licensee has evidenced in the past willful disregard for health
codes and regulations. - .
5. If the applicant fails to provide all the information and certificates
required by this chapter.
6. If the licensee shall refuse to permit any authorized police officers or
authorized members of the city to inspect the premises or operation.
7. If the licensee is found to be violating provisions of this chapter.-
(Amended
hapter:(Amended Ord. 110, 8-1-1995)
3-6-11: VIOLATIONS; PENALTIES: Every person who commits or
attempts to commit, conspires to commit, or aids or abets in the commission of
any act constituting a violation of this chapter, whether individually or in
connection with one or more persons, or as principal, or agent, or accessory,
shall be guilty of a misdemeanor, and every person who falsely, fraudulently,
forcibly, or willfully induces, causes, coerces, requires, permits, or directs another
to violate any of the provisions of this chapter is likewise guilty of a misdemeanor.
Each violation of this chapter shall constitute a separate offense. Conviction of a
violation of this chapter shall be grounds for suspension or revocation of any
license issued hereunder. (Amended Ord. 110, 8-1-1995)
NO
DVE
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: Dan Krumwiede, Associate Planner
SUBJECT: Public Hearing: Conditional Use Permit (CUP) — Exterior Storage — 3017
161 " Ave NW
DATE: May 24, 2017
INTRODUCTION
City Code 12-8-6 requires a CUP for exterior storage in all districts. The applicant is
proposing to place exterior storage at the property 3017 161` Ave NW related to their
business — Upper Midwest Athletic Construction. They are currently located in Ramsey but
want to move their business to Andover.
The company renovates outdoor athletic facilities. They primarily focus on the restoration of
tennis courts, running tracks, athletic equipment installation and site amenities. They will be
storing construction equipment at their site, which would include the following — Augers,
auger bits, bags of rubber on pallets, job site materials and trailers.
The use of property would fall under "Manufacturing" as described in City Code 12-2-2.
Manufacturing, Limited: Such uses include, but are not limited to, the following: lumberyard,
machine shops, products assembly, sheet metal shops, plastics, electronics, contractors' shops
and storage yards, food and nonalcoholic beverages, signs and displays, printing, publishing,
fabricated metal parts, appliances, clothing and textiles.
As part of this project, the applicant will need to go through the Commercial Site Plan (CSP)
process if the Planning Commission and City Council provide approval of this particular
request. A Commercial Site Plan process is conducted by staff and is reviewed by the
Andover Review Committee (ARC). A Commercial Site Plan includes information related to
reviewing the site plan, grading, drainage, erosion controls, tree protection, landscape plans,
utility plans, and review of exterior lighting.
DISCUSSION
City Code 12-8-6 requires a CUP for exterior storage in all districts. Once a CUP is
approved, the applicant will include exterior storage on the property, provided it is found that
said use does not constitute a threat to the public health, safety, convenience, morals or
general welfare.
City code 12-14-613 provides the following general review criteria to consider when granting
a CUP. In granting a Conditional Use Permit, the City Council shall consider the advice and
recommendation of the Planning and Zoning Commission and:
The effect of the proposed use upon the health, safety, moral and general welfare of
occupants of surrounding lands.
Staff believes the CUP request for exterior storage will not affect the health, safety, moral
and general welfare of the occupants of surrounding lands. City Code 12-13-5 states that
screening from residential properties and public streets as visible from ground level shall be
provided with an architecturally compatible opaque fence with a minimum height of six feet
as measured from the surface of the exterior storage area. Plant material shall be provided on
the outside of the fence for aesthetic appeal. Additional fence height and/or berming shall be
required if a six foot fence would not block direct vision of the exterior storage.
The CUP will allow for exterior storage which will be part of the "Manufacturing" use from
construction vehicles in the industrial area. The exterior parking facilities are adequate and
provide the required number of parking spaces as required by City Code.
2. There will be no adverse effect on land use, as the property is zoned industrial.
Exterior storage would be allowed, provided adequate screening is provided. Staff believes
the CUP will not have a negative effect on surrounding property values.
Public Comments
Staff received a phone call from a nearby property owner asking general questions about the
proposal. The caller indicated they may attend tonight's meeting. Staff's takeaway from the
phone call was the caller had potential concerns related to noise generated from the property
and the potential impact to traffic along 161" Ave NW.
ACTION REQUESTED
The Planning and Zoning Commission is requested to hold a public hearing and make a
recommendation to the City Council.
Attachments
Resolution
Location Map
Photos
Applicant's Letter
Sketches Produced By Applicant
Zoning Map of Area
Res c ly submitted,
Dan Krumwiede
Cc: Eric Hicks, 2618 178th Lane NE, Ham Lake, MN 55304
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES NO.
A RESOLUTION APPROVING THE CONDITIONAL USE PERMIT REQUEST FOR EXTERIOR
STORAGE, LOCATED AT 3017 161sT AVE NW, LEGALLY DESCRIBED AS:
That part of the E 461 ft of the W1/2 of NW 1/4 of section lying S of the N 2, 106.1 ft; ex rd; subject to
easement of record 3017 161" Ave NW Andover, MN 55304-0000
WHEREAS, the applicant has requested a conditional use permit for exterior storage at the subject
property, and;
WHEREAS, the Planning and Zoning Commission held a Public Hearing pursuant to the requirements of
City Code 12-14-8, 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
on 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 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 conditional use
permit for exterior storage at 3017 161" Ave NW, subject to the following conditions:
1. Opaque fence or screening from residential property to the east.
2. Commercial site plan will be required.
Adopted by the City Council of the City of Andover on this 20th day of June, 2017.
CITY OF ANDOVER
ATTEST: Julie Trude, Mayor
Michelle Hartner, Deputy City Clerk
5.�t_.�rt>t,�% �^ raw '� 3,Js..G er :�- x
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Photo D
t MIDWEST
LETIC
RUCTION
May 3, 2017
Serving Minnesota, Wisconsin, Iowa, Nebraska,
North Dakota and South Dakota
2618 178" Lane NE, Ham Lake, MN 55304
Phone 763-753-1127 Fax 763-753-3619
Email u_m_a_c@comcast.net
MN Contractors No: IR722325
IA Contractors No: C090307
Introduction
Upper Midwest Athletic Construction (UMAC) is a company that renovates outdoor athletic facilities. The company
primarily focuses on the restoration of tennis courts, running tracks, athletic equipment installation and site amenities. UMAC
specializes in new construction, scheduled maintenance through budgeting, or complete renovation of a deteriorating facility.
Products
Upper Midwest Athletic Construction provides a service in which we install various types of sports related athletic
equipment, surface new running tracks, and repair and re surface old tennis courts and running tracks that are no longer safe,
playable, or they are getting to the end of their usable life cycle. By completing repairs, we turn an old potential hazardous
surface, into a safe and playable athletic facility again.
We use the highest quality materials available on all our projects, whether they are new or existing. When resurfacing
an existing court, or surfacing a new court, the life cycle is approximately 6-8 years. In all but few cases, we can secure the
same sites we have completed projects in the previous cycle. We install a product that will extend the life cycle of a crack
repair from one year to up to ten or more years. The product we install for crack repairs is highly -sought after and very difficult
to install. This product is also difficult to obtain as you need to be trained in the proper installation procedure and own the
equipment necessary. UMAC's employees are all highly trained and certified to install it.
When surfacing a running track the life cycle can be 15-20 years with maintenance systems at 7-10 year increments.
We specialize in the two most common types of running track surfacing: latex and polyurethane. This gives us the advantage
over our competitors who specialize in one or the other. It also offers the owner a broader price range to fit into a budget that
fits their needs.
Thank you,
Eric Hicks
Upper Midwest Athletic Construction
CEO/President
Name of the project: NoName
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NO
DVE
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: PUBLIC HEARING: Rezone RI — Single Family Rural to RR — Rural Reserve
Residential
DATE: May 24, 2017
INTRODUCTION
The Planning and Zoning Commission is asked to review the rezoning of lands designated as Rural
Reserve from RI — Single Family Rural to RR — Rural Reserve Residential. Attached is the Andover
Zoning Map showing the proposed zoning change.
The rezoning of the rural reserve area coincides with the proposed Comprehensive Plan Amendment and
Zoning Text Amendments the Planning and Zoning Commission and City Council previously reviewed.
As with all rezonings, the City shall find one of the two following findings that are provided by state
statute:
The original zoning was in error.
The character of the area or times and conditions have changed to such an extent
to warrant the rezoning.
Times and conditions have changed. The Andover Comprehensive Plan is in the process of being
amended. The amendment will allow for further subdivision of lands within the rural reserve area. The
rezoning of the parcels provides provisions to regulate the subdivision of the lands.
ACTION REQUESTED
The Planning and Zoning Commission is requested to hold a public hearing and make a recommendation
to City Council for the rezoning subject to the conditions of the attached ordinance amendment.
Recommendation of approval may be based on the fact that the rezoning of the property will provide
provisions to regulate the subdivision of lands within the rural reserve district and ensure compliance with
City Codes and the Andover Comprehensive Plan.
Attachments
Ordinance Amendment
Proposed Rezoning Map
Existing Zoning Map
Rs ectfull ub I ,
Stephan a L. Hanson
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE XXX
AN ORDINANCE AMENDING CITY CODE TITLE 12-3-4, ZONING DISTRICT MAP OF THE
CITY OF ANDOVER.
THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS:
City Code 12-3-4, The Zoning District Map of the City of Andover is hereby amended as follows:
1. Rezone land from R-1, Single Family Rural Residential to RR, Single Family Rural Reserve
Residential on approximately 1,000 acres shown on Attachment A and legally described as the
following:
South Half of Section 16, Township 32 Range 24 Andover; and,
North Half Section 21 Township 32 Range 24 Andover, Except: Wittington Ridge and those parcels
located in Woodland Estates 6`h Addition; and,
South Half Section 21 Township 32 Range 24 Andover, Except: Woodland Estates 6`h Addition;
Woodland Estates 5th Addition; Woodland Estates P Addition; Kadlec Estates; East Round Lake Estates;
The West 720 Feet of the North 330 Feet of South 660 feet of NWIA of SW '%4 of Section 21, Township
32, Range 24; THE South 330 Feet of West 720 feet of NW 1/4 OF SW 1/4 of Section 21 Township 32
Range 24; North 165 Feet of the West 396 feet of the NW 1/4 of SW 1/4 of Section 21 Township 32 Range
24; and,
West Half of North Half of Section 28 Township 32 Range 24 Andover Except: Fields Addition;
CreekRidge Estates; and,
THAT PRT OF THE NWIA OF THE SWI/4 LYG NLY & WLY OF THE FOL DESC LINE COM AT
THE NE COR OF SD NWl/4 OF THE SW1/4, TH S 88 DEG 36 MIN 09 SEC W (ASSMD BRG) ALG
THE N LINE THEREOF 263.96 FT TO THE ACT POB OF LINE TO BE DESC, TH S 67 DEG 12 MIN
47 SEC W 390.33 FT, TH S 52 DEG 12 MIN 47 SEC W 128.00 FT, TH S 36 DEG 12 MIN 47 SEC W
60 FT TH S 23 DEG 12 MIN 47 SEC W 120.00 FT, TH S 36 DEG 32 MIN 47 SEC W755.00 FT, TH S 0
DEG 47 MIN 13 SEC E 45.00 FT, TH S 27 DEG 07 MIN 13 SEC E 119.81 FT TO THE C/L OF S
COON CREEK DR TH S 69 DEG 31 MIN 37 SEC W ALG SD C/L 63.89 FT, TH WLY ALG SD C/L &
ALG A TAN CURTO THE RT HAV A RAD OF 800 FT & A CENT ANG OF 04 DEG 01 MIN 39 SEC
56.23 FT TO THE W LINE OF SD NWIA OF THE SW 1/4 & SD LINE THERE TERM AT A PT
1160.97 FT SLY OF THE NW COR OF SD 1/4 1/4 EX RDS SUBJ TO EASE OF REC; and,
THAT PRT OF GOVT LOT 5 SEC 29 T32 R24 LYG S OF A LINE DESC AS FOL: COM AT A PT ON
THE E LINE OF SD GOVT LOT 692 FT S OF THE NE COR OF SD SEC, TH WLY AT RT ANG TO
SD E LINE TO THE ELY R/W LINE OF CSAHNO 9 (AKA ROUND LAKE BLVD) & THERE TERM,
& LYG N OF A LINE PRLL/W S LINE OF SD GOVT LOT & EXT W FROM THE SW COR OF THE
NW1/4 OF THE NWIA OF SEC 28-32-24 TO THE ELY R/W LINE OF SD CSAH NO 9 & LYG SELY
OF SD CSAH NO 9; EX RD; SUBJ TO EASE OF REC; AND,
ALL THAT PRT OF GOVT LOT 5 SEC 29 TWP 32 RGE 24 DESC AS FOL: BEG AT MOST NLY
COR OF LOT 17 BLK 3 CREEKRIDGE ESTATES, TH S 06 DEG 34 MIN 58 SEC W ALG E LINE OF
SD LOT 17 118.13 FT, TH S 89 DEG 20 MIN12 SEC E 263.71 FT, TH N 00 DEG 26 MIN 41 SEC W
491.56 FT +OR- TO A LINE DRAWN WLY PRLL/W S LINE OF SD GOVT LOT 5 FROM SW COR
OF NWl/4 OF NW1/4 OF SEC 28 TWP 32 RGE 24, TH WLY ALG SD PRLL LINE 163.46FT+OR-
TO SELY LINE OF REV OF SHEET 2 & 3 ANOKA CO HWY R/W PLAT NO 14, TH SWLY ALG SD
SELY LINE 90.44 FT +OR- TO N LINE OF LOT 18 BLK 3 CREEKRIDGE ESTATES, TH ELY ALG
SD N LINE 15.45 FT TO E LINE OFSD LOT 18, TH SLY ALG SD E LINE 309.80 FT TO POB, SUBJ
TO EASE OF REC; AND,
THAT PRT OF GOVT LOT 5 SEC 29 TWP 32 RGE 24 LYG SLY OF A LINE DRAWN PRLL/W S
LINE OF SD GOVT LOT 5 FROM SW COR OF NWIA OF NW1/4 OF SEC 28 TWP 32 RGE 24 &
LYG ELY OF FOL DESC LINE: BEG AT A PT ON SLINE OF SD GOVT LOT 5 615. FT WLY OF SE
COR THEREOF, TH N 0 DEG 00 MIN 52 SEC W, ASSD BRG, PRLL/W E LINE OF SD GOVT LOT
5 610.31 FT, TH S 89 DEG 55 MIN E 49.64 FT, TH N 10 DEG 27 MIN 58 SEC W 171.60FT, TH N 05
DEG 46 MIN 08 SEC E 473.09 FT, TH N 89 DEG 55 MIN W 15.45 FT TO SELY R/W LINE OF
ANOKA CO HWY R/W PLAT NO 14, TH NELY ALG SELY LINE 90.44 FT TO PT OF INTER/W A
LINE DRAWN PRLL/W S LINE OFSD GOVT LOT 5 FROM SW COR OF NW1/4 OF NWl/4 OF SEC
28 & SD LINE THERE TERM, EX THAT PRT THEREOF DESC AS FOL: BEG AT MOST NLY COR
OF LOT 17 BLK 3 CREEKRIDGE ESTATES, TH S 06 DEG 34 MIN 58 SEC W ALG ELINE OF SD
LOT 17 118.13 FT, TH S 89 DEG 20 MIN 12 SEC E 263.71 FT, TH N 00 DEG 26 MIN 41 SEC W
491.56 FT +OR- TO A LINE DRAWN WLY PRLL/W S LINE OF SD GOVT LOT 5 FROM SW COR
OF NW 1/4 OF NW 1/4 OF SEC28 TWP 32 RGE 24, TH WLY ALG SD PRLL/W 163.46 FT +OR- TO
SELY LINE OF REV OF SHEETS 2 & 3 ANOKA CO HWY R/W PLAT NO 14, TH SWLY ALG SD
SELY LINE 90.44 FT +OR- TO N LINE OF LOT 18 BLK 3 CREEKRIDGEESTATES, TH ELY ALG
SD N LINE 15.45 FT TO E LINE OF SD LOT 18, TH SLY ALG SD E LINE 309.80 FT TO POB, SUBJ
TO EASE OF REC; AND,
THE E 615.00 FT (AS MEAS ALG THE N LINE THEREOF) OF THE NEIA OF THE SEI/4 LYG
NLY OF THE NLY R/W LINE OF S COON CREEK DR EX RDS SUBJ TO EASE OF REC.
2. The finding for the rezoning is to ensure consistency between the City of Andover
Comprehensive Plan and Andover City Codes.
3. All other sections of the Zoning Ordinance shall remain as written and adopted by the City
Council of the City of Andover.
4. The Zoning Ordinance will become valid once it is published in the City designated newspaper
and the correlating Comprehensive Plan Amendment is approved by the Metropolitan Council.
Adopted by the City Council of the City of Andover on this 6th day of June, 2017.
CITY OF ANDOVER
ATTEST:
Michelle Harmer, City Clerk
Julie Trude, Mayor
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