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HomeMy WebLinkAbout08/22/2017AC I T Y O F NLD6 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV Andover Planning and Zoning Commission Regular Meeting Agenda August 22, 2017 7:00 PM Andover City Hall City Council Chambers 7.00 p.m. 1. Call to Order 2. Pledge of Allegiance 3. Approve August 8, 2017 regular meeting minutes 4. Public Hearing: Conditional Use Permit - Liquor License for Andover Cinema — 1836 Bunker Lake Blvd NW — Tony Tillman 5. Public Hearing: Variance — Increased Size and Height of Accessory Structure — 15260 Nightingale St NW — Chris Hynes 6. Other Business 7. Adjournment NDOVE: 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 — August 8, 2017 Regular Meeting Minutes DATE: August 22, 2017 REQUEST The Planning and Zoning Commission is requested to approve the regular meeting minutes from August 8, 2017. PLANNINGAND ZONING COMMISSIONMEETING —AUGUST 8, 2017 The Regular Bi -Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Daninger on August 8, 2017, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Timothy Cleven, Scott Hudson, Bert Koehler IV, and Kyle Nemeth Commissioners absent: Steve Peterson and Jeff Sims Also present: Community Development Director Joe Janish APPROVAL OF MINUTES. June 13, 2017 Regular Meeting Minutes and June 27, 2017 Work Session Meeting Minutes. Chairperson Daninger noted the June 27, 2017 work session meeting minutes were already approved. Commissioner Nemeth requested a correction to: - Page 3, line 4, so it reads "...Commissioner Koehler..." - Page 3, line 25, so it reads "...City Council... - Page 3, line 31, "Commissioner Koehler..." - Page 4, Lines 24 and 36, "...Commissioner Koehler..." Commissioner Koehler requested a correction to: - Page 2, line 22, so it reads "...inquired about a similar..." - Page 4, line 19, so it reads "...knowing that concerns expressed..." Motion by Nemeth, seconded by Koehler, to approve the June 13, 2017 Regular meeting minutes as corrected above. Motion carried on a 5 -ayes, 0 -nays, 0 -present, 2 -absent vote (Peterson, Sims). PUBLIC HEARING: Conditional Use Permit —Commercial Animal Training Facility —15827 7rh Avenue NW— Joann Neve Chairperson Daninger reviewed the public process with the audience. Community Development Director Janish noted the purpose of this item is to hold a public hearing and take input on a Conditional Use Permit (CUP) for a commercial Regular Andover Planning and Zoning Commission Meeting Minutes —August 8, 2017 Page 2 animal training facility at 15825 7th Avenue NW, an existing building on approximately 2 acres located in the southwest quadrant of 7th Avenue and Valley Drive. Community Development Director Janish reviewed the proposed commercial animal training facility with the Commission. This use can be allowed as a CUP in the neighborhood business district. This 3,500 -sq. ft. building is often referred to as the Old Tom Thumb site or Old Quick Stop site. Community Development Director Janish stated the Planning Commission is asked to hold a public hearing and provide a recommendation to the City Council regarding the CUP request. He referred to two supplements distributed earlier this evening including a copy of two brochures outlining Pack Leader Behavior and Training from the applicant and an email of questions and concerns from Robert and Faith Whitcraft, 16002 Valley Drive NW. Community Development Director Janish referred to a question from a Commissioner regarding Chapter 12 Commercial/Industrial Permitted, Permitted Accessory, Conditional, Interim and Prohibited Uses and how animal training falls within a neighborhood business. He referred to the Chapter's footnotes that states "for uses not specifically identified but similar in character if related to other uses". He further noted larger pet stores do allow for dog training and staff felt this use falls under retail or veterinarian use with animals coming and going from the site. Community Development Director Janish said the use will have no grooming or overnight stays and the brochure provided refers to child pet safety courses, obedience training and others. Chairperson Daninger referred to the submitted questions from Robert and Faith Whitcraft and asked staff to respond. Community Development Director Janish reviewed how outdoor training and demos would be conducted indoors, lease terms are not specifically shared with the City, hours of operation, daily vehicle traffic is estimated to be less than a convenience store, proposed improvements including updates to electrical, plumbing, HVAC, that building code for commercial operations would need to be met as part of the updates, inspection for contamination such as gasoline or asbestos, signage, and risk and impact assessment on Fox Meadows Park. Commissioner Koehler stated he would be recusing himself from consideration of this item as he and the applicant have been friends for many years. Commissioner Hudson inquired if staff knows of any concerns with the applicant's current location. Community Development Director Janish said staff is not aware of any concerns at the applicant's current location, however an individual this evening noted prior to the meeting they believed that outside training was conducted at the current site, but has not confirmed that event. Commissioner Hudson asked if parking was based on what was done previously. Community Development Director Janish stated parking for this site would be calculated as the past site was calculated at 1/200 square feet. Regular Andover Planning and Zoning Commission Meeting Minutes —August 8, 2017 Page 3 Commissioner Hudson inquired about the current zoning of Neighborhood Business District. Community Development Director Janish said the current site is zoned General Business District and the proposed site is Neighborhood Business District. Commissioner Nemeth inquired about signage requirements if signs are not utilized by the road, building or both. Community Development Director Janish said signage is based on the two acres and the applicant would be issued sign permits per district requirements. Commissioner Nemeth asked if the road or building sign would have to be removed if not utilized. Community Development Director Janish said the existing lettering would have to be removed and left as a blank face sign but noted the applicant intended to utilize both signage locations. Chairperson Daninger asked if dogs were allowed in parks. Community Development Director Janish said dogs are allowed if kept under control and leashed. Chairperson Daninger referred to parking on the nearby cul-de-sac which should be referred to as Old Valley Drive NW. Community Development Director Janish said potential redevelopment of the cul-de-sac with improvements to Fox Meadows would be beneficial to allow parking versus parking along Fox Street. Motion by Nemeth, seconded by Cleven, to open the public hearing at 7:23 p.m. Motion carried on a 5 -ayes, 0 -nays, 2 -absent vote (Peterson, Sims). Randy Lindgren, 15801 Dakota Street, inquired hours and days of operation, number of daily classes, capacity, and potential expansion of classes or shifts. Bob Woodcraft, 16002 Valley Drive NW, referred to his submitted email and shared concerns about the condition of the site. He said while he was delighted to have a viable business at this location it has been a public nuisance that should have been addressed years ago and shared concerns about why it took so long to hold the property owner accountable. Joann Neve, Pack Leader Behavior & Training, LLC, 5701 Ambassador Boulevard, St. Francis, applicant, explained classes would be held on Tuesdays 6:00-8:30 p.m., Wednesdays 6:00-7:00 p.m., Thursdays 6:00-8:30 p.m., Saturdays 9:00 a.m.-1:00 p.m. and Sundays 10:00 a.m.-1:00 p.m. She reviewed class expansion possibilities but noted she still has to work within people's schedules and that any daytime classes would likely be seminars for dog owners only. Ms. Neve said they intended to use both signs that would include their logo and simple text only and will be resurfacing the parking lot, maintaining the weeds, and removing the graffiti. She said she will inform folks that dogs are not allowed in the park. Regular Andover Planning and Zoning Commission Meeting Minutes — August 8, 2017 Page 4 Commissioner Cleven inquired about class length. Ms. Neve said classes last between 50 minutes to one hour and that there would not be more than 18 cars at one time. Commissioner Nemeth asked how many classes the applicant holds currently. Ms. Neve said she holds two classes per day with open time in between so there are not too many dogs onsite at one time. Commissioner Nemeth asked how many individuals are typically present. Ms. Neve said summer is slow but attendance increases from September through Thanksgiving and then again in the spring. She said summer classes are usually 5-8 per class increasing to 12 per class during the winter months, adding she may add an additional staff person when busy, to help with training. Commissioner Nemeth referred to clean-up of dog waste. Ms. Neve said she is diligent regarding dog waste because puppies are present before all shots are complete, making the waste potentially contagious and a health risk to all dogs onsite. Commissioner Nemeth said he agreed with the proposed sign usage and stressed the importance that the park is not used for dogs after class. Ms. Neve said since classes are held in the evening dog owners typically want to go home right after class. Commissioner Cleven asked if the applicant intends to sell products onsite. Ms. Neve said she only sells treats and harnesses for use during class. Chairperson Daninger referred to hours of operation. Ms. Neve suggested no animals onsite after 9:00 p.m. but that seminars be held until 10:00 p.m. Commissioner Nemeth inquired if times of operation for retail are already established in the zoning code. Chairperson Daninger suggested including language about no later or no earlier than a specific time, such as 10:00 p.m. and inquired about proposed improvements in the building. Ms. Neve explained the building will include all new electrical, heating and plumbing. Chairperson Daninger noted site plan review will occur for improvements including parking. Ms. Neve said she intends to repave and stripe the parking lot including the area that currently has sand piles. Chairperson Daninger confirmed all training will occur indoors. Mr. Whitcraft asked for clarification on the parking lot and access from Old Valley Drive and 7`h Street and if repaved will join entrance to Old Valley Drive. Community Development Director Janish said access would remain as is and striping to match City Code. He said the Commercial Site Plan process will determine parking locations and if Regular Andover Planning and Zoning Commission Meeting Minutes —August 8, 2017 Page 5 additional pavement will be needed or pavement will be removed from the site and if any landscaping would be required to block headlights. Mr. Whitcraft referred to overflow parking in the cul-de-sac from the park and concerns about parking at the business occurring and asked if conditions are not followed what is the process to address concerns. Chairperson Daninger explained the Planning Commission makes recommendations for the City Council and how follow-up can be done at City Hall or the Council level. Community Development Director Janish explained if the applicant wishes to expand in the future the City would review the possibility through a CUP amendment which would include public notice for another public hearing and process, site plan review, and building permits. He added if the applicant operates differently than what is approved by Council the City could in the worst case scenario act to revoke the CUP. Anteneh Tsadik, 4141 160th Avenue NW, said he was pleased to see the site improvements and stressed the importance of specific hours of operation to mitigate noise impacts and safety concerns for this residential area. Motion by Nemeth, seconded by Cleven, to close the public hearing at 7:51 p.m. Motion carried on a 4 -ayes, 0 -nays, 1 -present (Koehler) 2 -absent vote (Peterson, Sims). Commissioner Nemeth inquired about hours of operation outlined in City Code, similar to when Wal-Mart requested to be open 24 hours a day. Community Development Director Janish said hours could be included as part of the CUP process and suggested before Council consideration staff research or include language in the Resolution that states specific hours unless City Code has a stricter time frame. Chairperson Daninger asked how barking concerns would be addressed and suggested screening or other noise buffering techniques. Community Development Director Janish stated site plan review has not occurred yet but that parking requirements adjacent to residential property triggers potential screening. He noted the site is surrounded by public right-of-way and is like an island and does not really abut residential property. Chairperson Daninger asked what other uses are allowed on this site. Community Development Director Janish reviewed potential uses allowed by zoning. Commissioner Nemeth suggested closing hours of 9:30 p.m. Commissioner Cleven suggested limiting hours to 6:00 p.m. on Saturdays and Sundays. Commissioner Nemeth referred to anticipated traffic on adjacent streets with Fox Meadows Park. He said he is pleased to see a business moving in and improvement but expressed concern on the number of people attending classes. 4 Regular Andover Planning and Zoning Commission Meeting Minutes —August 8, 2017 Page 6 Motion by Nemeth, seconded by Cleven, to recommend to the City Council approval of a Conditional Use Permit for commercial animal training on property located at 15825 7t' Avenue NW, subject to the conditions contained in the draft resolution and including hours of operation of 9:00 a.m. - 9:30 p.m. 7 days per week or per City Code. Motion carried on a 4 -ayes, 0 -nays, 1- present (Koehler), 2 -absent vote (Peterson, Sims). Community Development Director Janish stated this item would be before the City Council at their August 15, 2017 City Council meeting. OTHER BUSINESS. Community Development Director Janish said the next Planning Commission meeting will be held on August 22 at 7:00 p.m. with a possible work session prior to the meeting. Commissioner Nemeth noted the June 13 meeting minutes referred to discussion on accessory building size and kennels and asked if that item will be before the Commission soon. Community Development Director Janish said staff is compiling other zoning code amendments for review and will bring them forward late fall or early winter. Commissioner Nemeth confirmed a work plan summary will be distributed for 2016 and referred to City Code amendments and meeting minutes passed for Chapter 12. ADJOURNMENT. Motion by Koehler, seconded by Cleven, to adjourn the meeting at 8:06 p.m. Motion carried on a 5 -ayes, 0 -nays, 2 -absent vote (Peterson, Sims). Respectfully Submitted, Cathy Sorensen, Recording Secretary TimeSaver Off Site Secretarial, Inc. 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVE RMN.GOV TO: Planning and Zoning Commissioners FROM: Stephanie L. Hanson, City Planner SUBJECT: PUBLIC HEARING: Conditional Use Permit (CUP) — On -Sale Liquor License — 183 6 Bunker Lake Blvd - Andover Cinema — Cinema Entertainment Corp. DATE: August 22, 2017 City Code 12-12 requires a CUP for liquor licenses in the GB General Business District. The applicant is proposing to have liquor sales at the existing Andover Cinema. Once a CUP is approved, the applicant will be required to obtain a liquor license that will be issued by the City Council. Mr. Tillemans, Vice President of Cinema Entertainment Corp, submitted a letter for the CUP request. It is attached for your review. The Andover Cinema was purchased in 2012; at which time, the business was struggling. The new owners updated the projectors and as of recently, updated to the luxury heated, electric recliners. The theatre industry is highly competitive; a large portion of customers go where the amenities are present. To ensure the viability of the Andover Cinema in a competitive market, Cinema Entertainment Corp is requesting a CUP so they can obtain a liquor license. The trend with theatres is now the offering of beer, wine and liquor. In addition to the Coon Rapids theatre (Andover Cinemas biggest competitor), the following metro theatres currently have liquor license: Oakdale, Rosemount, Shakopee, Inver Grove Heights, Eden Prairie, Plymouth, Rogers, St. Michael, and Lakeville. In addition, the Champlin theatre is in the process of converting to the luxury seating along with a liquor license. City code 12-14-6B provides the following general review criteria to consider when granting a CUP. In granting a CUP, the City Council shall consider the advice and recommendation of the Planning and Zoning Commission and: 1. The effect of the proposed use upon the health, safety, moral and general welfare of occupants of surrounding lands. Staff believes the CUP will not affect the health, safety, moral and general welfare of the occupants of surrounding lands. There are other businesses near that have approved liquor sales. Liquor sales are regulated by City Code 3 — 1 and must comply with Minnesota Statutes 340A.402. 2 2. Existing and anticipated traffic conditions, including parking facilities on adjacent streets and land. The CUP will not generate additional traffic to the commercial area. Parking facilities are adequate and provide the required number of parking spaces as required by City Code. 3. The effect on values of property and scenic views in the surrounding area, and the effect of the proposed use on the Comprehensive Plan. Cinemas are a permitted use within the GB General Business district. Liquor sales are allowed with a CUP and a City issued liquor license. There are other establishments within the area that serve liquor. Staff believes the CUP will not have a negative effect on surrounding property values. ACTION REQUESTED The Planning and Zoning Commission is requested to hold a public hearing and make a recommendation to the City Council. Attachments Resolution of Approval and Denial Location Map Letter from Applicant Site Plan - Serving and Storage Areas Respectfully submitted Stephanie L. Hanson Cc: Tony Tillemans, Cinema Entertainment Corp, 1621 Division St, Waite Park, MN 56387 I CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR AN ON -SALE LIQUOR LICENSE ON THE PROPERTY LOCATED AT 1836 BUNKER LAKE BOULEVARD, LEGALLY DESCRIBED AS FOLLOWS: LOT 14, BLOCK 1, ANDOVER STATION 2, ANDOVER, MN WHEREAS, the applicant has requested approval of a conditional use permit for an on -sale liquor license 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; and WHEREAS, the City Council has determined that said proposed CUP is in compliance with Andover City Code 12-14-6 Conditional Uses. 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 on -sale liquor at 1836 Bunker Lake Boulevard, subject to the following condition: 1. A liquor license must be approved by the City of Andover prior to the sale of liquor on the premises. Adopted by the City Council of the City of Andover on this _ day of 2017. CITY OF ANDOVER ATTEST: Michelle Hartner, Deputy City Clerk Julie Trude, Mayor L CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R A RESOLUTION DENYING A CONDITIONAL USE PERMIT FOR AN ON -SALE LIQUOR LICENSE ON THE PROPERTY LOCATED AT 1836 BUNKER LAKE BOULEVARD, LEGALLY DESCRIBED AS FOLLOWS: LOT 14, BLOCK 1, ANDOVER STATION 2, ANDOVER, MN WHEREAS, the applicant has requested approval of a conditional use permit for an on -sale liquor license 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 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; and WHEREAS, the City Council has determined that said proposed CUP is not in compliance with the criteria set forth in Andover City Code 12-14-6 Conditional Uses which includes: 0 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 conditional use permit for on -sale liquor at 1836 Bunker Lake Boulevard Adopted by the City Council of the City of Andover on this _ day of , 2017. CITY OF ANDOVER ATTEST: Julie Trude, Mayor Michelle Hartner, Deputy City Clerk �.. �►' lip 138TH`AVE .137TH LNtn LO �E $ m - BUNKER L 4 7� L/I KE B L UD. _P,RIVATF 6 `1• N ' AK:IL li *4r 74 TH LN 134TH S > 4Cd "dl — �'a Movss Fsco[lance Se>_.._. ..� July 27, 2017 City of Andover Planning and Zoning Application for Liquor License — Andover Cinema 10 Applicant Letter tD I L,1 C:4 FD j, L I L--1 Rlvn'p- - We purchased the Andover Cinema in November of 2012. At the time the theatre was struggling and in need of converting from 35mm projectors to digital and significant updating. We converted to digital projectors late in 2012 and did a major renovation to the facility (new seats, concession stands, floor covering, wall material, etc...) in the Spring of 2013. These changes cost in excess of $1,500,000. Our hope was the theatre would be a destination theatre for the surrounding community for a number of years without any significant additional capital expenditures. This has proven not to be the case. In addition to physical changes it is our belief that we need to offer alcoholic drinks to our patrons. We thus are applying for a liquor license. The theatre industry, especially in metropolitan areas, is highly competitive. It is very easy for a customer to choose one theatre over another. Frequently this is based on the amenities a given theatre offers. Shortly after we invested in new seats at the Andover Cinema the AMC theatre in Coon Rapids converted to "luxury electric recliners". This was the first such conversion in the Metro area and the response from customers was very positive. With the close proximity of this location to Andover it significantly affected our business. A number of other locations in the Metro have either now converted to luxury electric recliners or are making plans to do so. We just finished converting the Andover Cinema to luxury electric recliners (included heated backs) at a cost in excess of $1,000,000. The other significant trend going on in the theatre industry is the offering of alcoholic beverages. The AMC Theatre in Coon Rapids started serving alcohol in the past year. In addition to the AMC Theatre in Coon Rapids the following Metro theatres currently have liquor licenses: Marcus Theatre — Oakdale Marcus Theatre — Rosemount Marcus Theatre — Shakopee AMC Theatre — Inver Grove Heights AMC Theatre — Eden Prairie Mann Theatres — Plymouth (Cinema Entertainment Corp. is 50% owner of this location) Cinema Entertainment Corp. 1621 Division Street,Waite Park, MN 56387 Phone (320) 251-9131 Fax (320) 251-1003 Emagine Theatres — Plymouth Emagine Theatres — Rogers Emagine Theatres - Lakeville Independent Operator— St. Michael We also understand that the Champlin Theatre is going to be converting to luxury electric recliners along with serving alcohol. We also anticipate that the Emagine Theatre in East Bethel will at some point follow suit with these changes. If we are granted permission to serve alcohol it would be our plan to convert an area of our concession stand to a service bar. Alcohol would be stored in locked coolers or a secured supply room. Our plan would be to offer a limited selection of tap beer, bottled beer, individual servings of bottled wine and a small selection of mixed drinks. All the alcohol would be dispensed in plastic glasses to be consumed throughout the facility. Customers would all be carded and allowed to buy only two drinks at a time. The bar would be open for limited hours (as business warrants) and would close prior to the completion of the final show of the day. Staff would be trained in both the serving of alcohol and the monitoring of auditoriums. It is our belief that serving alcohol will help insure the viability of the Andover Cinema. Obviously there can be issues with serving alcohol. These have proven to be very minimal in the theatre environment. I believe this relates to the fact that very few customers consume more than one drink during a movie. Our hope is that you recommend approval of our request for a liquor license. Sincerer SGC-�i0�i71�/�y TonyTillemans Vice President Cinema Entertainment Corp. �' .•-, .mss. 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV TO: Planning and Zoning Commissioners FROM: Joe Janish, Community Development Director SUBJECT: PUBLIC HEARING: Variance Request — 15260 Nightingale St. NW. — Chris Hynes DATE: August 22, 2017 INTRODUCTION Mr. Hynes submitted a variance request for his property located at 15260 Nightingale St. NW. The request is to construct an accessory building over 15 feet in height and greater than fifty (50%) of the total square footage of the foundation of the principal structure. The applicant owns 2.953 acres within the R-4 Single Family -Urban zoning district. Variance Review Mr. Hynes submitted a letter and is proposing to construct an accessory building over 15 feet in height and greater than fifty (50%) of the total square footage of the foundation of the principal structure. The applicant's home is 2,200 of livable square feet on each level. Under the current requirements, the applicant would be able to construct an 1,100 square foot accessory building. The applicant is proposing a 36 foot by 60 foot (2,160 square feet) accessory building. The applicant currently stores their possessions on family owned property that the City of Andover has acquired as part of the "City Campus Master Plan" plan across the street from the applicant. The City of Andover will have possession of the property in December 2018. The applicant has provided a letter with his intent to construct said accessory building. Under current requirements, the applicant would be limited to a height of 15 feet. The applicant is proposing a building that would have 16 -foot sidewalls and 5/12 pitch to the roof. This would equate to the overall height of the accessory building to be 23.5 feet. The height will allow for a loft in 1/3 of the structure that will allow the applicant to store more items while being able to walk around without having to crawl. The accessory building itself would not exceed the height of the existing home on the property. Review Criteria City Code 12-14-7 outlines criteria when considering a variance. Code states "Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the official control. "Practical difficulties" as used in connection with the granting of a variance, means: 1. The property owner proposed to use the property in a reasonable manner not permitted by an official control. If the applicants 2.953 acres were located within different single family, zoning districts (for example R-1) the applicant would be able to construct an accessory building that did not exceed the square footage of land covered by the foundation of the principal structure. This means that if the applicants property was zoned R-1 the applicant would be able to build the building as proposed. • Due to the R-4 zoning the applicant is limited to fifty percent (50%) of the square footage of land covered by the foundation of the principal structure. • The applicant's property was rezoned from R-1 to R-4 in 2002 as part of the Woodland Estates 4th Addition, which his home was part of the 40 acres at that time. • If the applicant expanded his existing home to 4,320 square feet of total square footage of land covered by the foundation, the accessory building could be permitted, based on size. • R-4 zoning does not permit accessory buildings over 15 feet in height. • The applicant split a.313 acre parcel in the R-4 district from his property in 2015. • A sketch of the applicant's property was provided as required by City Ordinance with the development of Woodland Estates 4th Addition. 2. The plight of the property owner is due to circumstances unique to the property not created by the landowner. • The property owner currently stores his possessions in a building across the street from his home in another family member's building. The applicant's property was rezoned from R-1 to R-4 in 2002 as part of the Woodland Estates 4th Addition as he did not hold title for the property at the time. The City negotiated the purchase of the family members land (where current items are) in 2003 and will have full ownership of the parcel across the street in December of 2018. The city originally was scheduled to have ownership in 2013, but the agreement was extended to 2018. 3. The variance, if granted, will not alter the essential character of the locality and will not alter the rural residential character. • Most properties zoned R-4 are smaller in size. • The proposed location of the accessory building is 279 feet from the center line of Nightingale which may make the structure appear slightly smaller than what it is due to the distance from the roadway. • The proposed shed is 25 feet away from the abutting neighbor's property. 0 The shed will be 23.5 feet in height and 25 feet from the property line. 3 4. Economic considerations alone do not constitute practical difficulties. • The applicant is proposing to store his personal items on his property. • The applicant will spend money to construct his accessory building. Andover Review Committee (ARC) Comments ARC reviewed the proposed variance requests and had no formal comments pertaining to the request. Public Comments Staff has not heard from individuals at the time of the write-up. Staff will certainly share any comments that are received during the meeting. ACTION REQUESTED The Planning and Zoning Commission is asked to hold a public hearing for the variance requests, compare the variance requests with the review criteria of City Code 12-14-7 and make a recommendation of approval or denial based on findings of fact to the City Council. Staff drafted resolutions with potential findings of fact the Commission may want to consider when recommending approval or denial of the variance requests. Attachments DRAFT Resolutions of Approval and Denial Property Location Map Photo Location Map / 2 ft. Contours Title 12 Chapter 6 Accessory Buildings and Temporary Structures Title 12-14-7B Variances Sketches of the project Applicant Letter Proposed Shed Location (11x17) Zoning Map (11x17) R p t y b tted, Joe Janish Community Development Director Cc: Chris Hynes, 15260 Nightingale St. NW, Andover MN 55304 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO XXX A RESOLUTION APPROVING VARIANCES FOR PROPERTY LEGALLY DESCRIBED AS: TRACT A REGISTERED LAND SURVEY NO 268, Anoka County, Minnesota. WHEREAS, Chris Hynes has requested approval of variances to construct an accessory building which exceeds 15 feet in height and greater than fifty percent (50%) of the total square footage of the foundation of the principal structure; and WHEREAS, the Andover Review Committee has reviewed the variance requests; and WHEREAS, pursuant to published and mailed notice thereof, the Planning and Zoning Commission has conducted a public hearing on said variances; and WHEREAS, as a result of such public hearing, the Planning and Zoning Commission recommended approval of the variances based on the variance review criteria for granting a variance under City Code 12-14-7 B; and WHEREAS, City Council completed a review of the variances, along with Planning and Zoning Commission recommendation; and WHEREAS, City Council approves the variances to construct a 36 foot by 60 foot shed (2,160 square feet) that is 23.5 feet in height; and WHEREAS, based on the criteria for granting a variance under City Code 12-14-713, City Council finds the following findings of fact to support the approval of the variance requests: 1. The property owner proposed to use the property in a reasonable manner not permitted by an official control. If the applicants 2.953 acres where located within different single family zoning districts (for example R-1) the applicant would be able to construct an accessory building that did not exceed the square footage of land covered by the foundation of the principal structure. This means that if the applicants property was zoned R-1 the applicant would be able to build the structure as proposed. Due to the R-4 zoning the applicant is limited to fifty percent (50%) of the square footage of land covered by the foundation of the principal structure. The applicant's property was rezoned from R-1 to R-4 in 2002 as part of the Woodland Estates 4th Addition, which his home was part of the 40 acres at that time. • If the applicant expanded his existing home to 4,320 square feet of total square footage of land covered by the foundation the accessory building could be permitted, based on size. • R-4 zoning does not permit accessory buildings over 15 feet in height. • The applicant split a.313 acre parcel in the R-4 district from his property in 2015. • A sketch of the applicant's property was provided as required by City Ordinance with the development of Woodland Estates 4th Addition. 2. The plight of the property owner is due to circumstances unique to the property not created by the landowner. The property owner currently stores his possessions in a building across the street from his home in another family member's structure. The applicant's property was rezoned from R-1 to R-4 in 2002 as part of the Woodland Estates 4th Addition as he did not hold title for the property at the time. The City negotiated the purchase of the family members land (where current items are) in 2003 and will have full ownership of the parcel across the street in December of 2018. The city originally was scheduled to have ownership in 2013, but the agreement was extended to 2018. 3. The variance, if granted, will not alter the essential character of the locality and will not alter the rural residential character. • Most properties zoned R-4 are smaller in size. • The proposed location of the accessory building is 279 feet from the center line of Nightingale which may make the structure appear slightly smaller than what it is due to the distance from the roadway. • The proposed shed is 25 feet away from the abutting neighbor's property. • The shed will be 23.5 feet in height and 25 feet from the property line. 4. Economic considerations alone do not constitute practical difficulties. • The applicant is proposing to store his personal items on his property. • The applicant will spend money to construct his accessory building. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby approves the variances with the following conditions: 1. All appropriate permits shall be obtained prior to commencement of the work. 2. The accessory building shall be completed within one year of the approval of the variances. Variance approvals will be invalid after such time. 3. Future lot splits may be hampered due to the size of the shed. Future variances would have to be approved prior to approval of future splits, unless Andover City Code changes to allow for an accessory building of this size on the proposed lot size at the time. 4. Any occupation of the building for dwelling or business purposes shall adhere to the City of Andover City Code. Adopted by the City Council of the City of Andover this day of , 2017. FW 01 MISI CITY OF ANDOVER Michelle Hartner, City Clerk Julie Trude, Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO XXX A RESOLUTION DENYING VARIANCES FOR PROPERTY LEGALLY DESCRIBED AS: TRACT A REGISTERED LAND SURVEY NO 268, Anoka County, Minnesota. WHEREAS, Chris Hynes has requested approval of variances to construct an accessory building which exceeds 15 feet in height and greater than fifty percent (50%) of the total square footage of the foundation of the principal structure; and WHEREAS, the Andover Review Committee has reviewed variance requests; and WHEREAS, pursuant to published and mailed notice thereof, the Planning and Zoning Commission has conducted a public hearing on said variances; and WHEREAS, as a result of such public hearing, the Planning and Zoning Commission recommended denial of the variances based on the variance review criteria for granting a variance under City Code 12 14-7 B; and WHEREAS, City Council completed a review of the variances, along with Planning and Zoning Commission recommendation; and WHEREAS, City Council denies the variances to construct an accessory building which exceeds 15 feet in height and greater than fifty percent (50%) of the total square footage of the foundation of the principal structure WHEREAS, based on the criteria for granting a variance under City Code 12-14-713, City Council finds the following findings of fact to deny the approval of the variance requests: 1. The property owner proposed to use the property in a reasonable manner not permitted by an official control. • Due to the R-4 zoning the applicant is limited to fifty percent (50%) of the square footage of land covered by the foundation of the principal structure. • The applicant's property was rezoned from R-1 to R-4 in 2002 as part of the Woodland Estates 4t' Addition, which his home was part of the 40 acres at that time. • R-4 zoning does not permit accessory buildings over 15 feet in height. • The applicant split a.313 acre parcel in the R-4 district from his property in 2015. • A sketch of the applicant's property was provided as required by City Ordinance with the development of Woodland Estates 41h Addition. 2. The plight of the property owner is due to circumstances unique to the property not created by the landowner. The property owner currently stores his possessions in a building across the street from his home in another family member's structure. The property owner could continue to store items offsite at a different location. • The applicant's property was rezoned from R-1 to R-4 in 2002 as part of the Woodland Estates 41h Addition. • The City negotiated the purchase of the family members land (where current items are) in 2003 and will have full ownership of the parcel across the street in December of 2018. The city originally was scheduled to have ownership in 2013, but the agreement was extended to 2018. 3. The variance, if granted, will not alter the essential character of the locality and will not alter the rural residential character. • Most properties zoned R-4 are smaller in size. • The proposed shed is 25 feet away from the abutting neighbor's property. • The shed will be 23.5 feet in height and 25 feet from the property line. 4. Economic considerations alone do not constitute practical difficulties. • The applicant could rent a location to keep his items. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby denies the variance requests to construct an accessory building which exceeds 15 feet in height and greater than fifty percent (50%) of the total square footage of the foundation of the principal structure. Adopted by the City Council of the City of Andover this day of , 2017. ATTEST CITY OF ANDOVER Michelle Hartner, City Clerk Julie Trude, Mayor LEI all Ry ( t100 © took, I. +� \ VF�FAAM5I NENpAJAL BL YO YFTFfiiW$•ME1tlM1Al. fit YO_ _�.�_ r -- ...._amlE nim�� Gasp U= 1LL1 mw Sa ' WN m, i^ RLS] m.L m,`D t � _.. wr t _ -MM air wx mm EFIZ mm, Era %I" am -i'nr f:17 - ..... am ® NJ*, , My I 03P A a LEI all Ry ( t100 © took, I. +� \ VF�FAAM5I NENpAJAL BL YO YFTFfiiW$•ME1tlM1Al. fit YO_ _�.�_ r m m1 ;� u� ,. " � .� _ -' Y r _ -iic-- _-..,,,,,,,,. - � _ _ .. , _ --�_- ,. �. _ � 4� . �, k.: yr 13 CHAPTER ACCESSORY BUILDINGS AND TEMPORARY STRUCTURES 610[on reWII 12-6-1: Definition 12-6-2: Construction Prior To Principal Building 12-6-3: Building Height 12-6-4: Size And Construction Requirements 12-6-5: Location And Setback Requirements 12-6-6: Temporary Structures 12-6-1: DEFINITION: For the purpose of this chapter, "accessory building" shall mean garages and sheds. (Ord. 8NNNNNN, 7-16-2002) 12-6-2: CONSTRUCTION PRIOR TO PRINCIPAL BUILDING: No accessory building or use shall be constructed or developed on a lot prior to the time of construction of the principal building except by Conditional Use Permit. (Ord. 8NNNNNN, 7-16-2002) 12-6-3: BUILDING HEIGHT: A. Residential District: No accessory building in a residential area shall exceed the height of the principal structure except subject to Subsection 12-3-5132 of this title, and shall not exceed fifteen feet (15) in height in the R-4 zoning district. B. Business Or Industrial District: No accessory building in a commercial or industrial district shall exceed the height of the principal building except by conditional use permit. (Ord. 8NNNNNN, 7-16-2002) 12-6-4: SIZE AND CONSTRUCTION REQUIREMENTS: A. Accessory buildings on a residential parcel of five (5) acres or less shall be as stated below. However, in the case where the accessory building serves to satisfy the minimum garage requirements as specified in Section 12-3-5 of this title, the garage will not be calculated in the accessory building square footage requirement. B. The accessory buildings on a residential parcel with a lot area of five fiq (5) 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. C. The attached garage and detached accessory buildings on a residential parcel in the R-4 zoning district or any property less than one acre shall not exceed one thousand two hundred (1,200) square feet total, and in no case shall the detached accessory building be greater than fifty percent (50%) of the total square footage of the foundation of the principal structure. (amd. Ord. 314, 10-4-2005) D. All principal structures constructed within the single-family urban residential (R-4) district after the effective date hereof shall have an attached garage with a minimum size of four hundred forty (440) square feet. E. All detached accessory buildings within the single-family urban residential (R-4) zoning district shall have a minimum 4:12 roof pitch. F. All detached accessory buildings shall be constructed to be similar in design and exterior finish material so as to be compatible to the principal structure, except as stated in Subsection G of this section. G. Exterior Finishes: No permanent sheet metal, painted or unpainted accessory building, except small garden sheds not exceeding one hundred twenty (120) square feet, shall be allowed on parcels of three (3) acres or less in all residential districts and within the metropolitan urban service area (MUSA) boundary. The foregoing shall not apply to painted and finished metal siding normally used on residential structures. (Ord. 8NNNNNN, 7-16-2002) 12-6-5: LOCATION AND SETBACK REQUIREMENTS: A. Private Garages Facing Public Ways: When a private garage is oriented so as to face onto a public right-of-way, it shall not have less than the minimum required setback for the principal structure as measured from the lot line. B. In Residential Districts: 1. Accessory buildings and structures located in residentially zoned districts shall have a minimum setback of five feet (5') from side and rear lot lines unless an easement exists that is more restrictive. (Amended Ord. 314, 10-4-2005) 2. Accessory buildings and structures located in a yard adjacent to a jF J County road shall have a minimum setback fifty (50) feet from the property line in all residential zoning districts except for the R-4 district, where the setback shall be forty (40) feet. (Amended Ord. 314, 10-4- 05) 3. Accessory buildings and structures located in a yard adjacent to a City street shall have a minimum setback forty (40) feet from the property line in R-1 and R-2 zoning districts and thirty-five (35) feet in R-3 and R-4 zoning districts. (Amended Ord. 314, 10-4-05) 4. Accessory structures located in the side or rear yard of corner lots that are adjacent to a lot that fronts on a cul-de-sac shall be no closer to the property line than the outside wall of the house. (Amended Ord. 325A, 4-18-06) 5. Where less than 120 feet of right-of-way exists for county roads or arterial streets, setbacks for all structures shall be measured assuming a sixty -foot right-of-way on each side of the existing right-of-way centerline. (Amended Ord. 314, 10-4-05) 6. Where less than the minimum roadway right-of-way required by City Code 11-3-3 exists, setbacks for all structures shall be measured assuming right-of-way required by City Code 11-3-3. (Amended Ord. 314, 10-4-05) C. In Business And Industrial Districts: Accessory buildings in the business and industrial districts shall not be closer than ten feet (10') from side and rear lot lines subject to provisions for the abutting residential zone provided herein. D. Location In Rear Yard Setback Areas Generally: An accessory building may be located within the rear yard setback, provided said accessory building does not occupy more than twenty five percent (25%) of a required rear yard. E. Prohibited In Drainage And Utility Easements: All accessory buildings and structures shall not be constructed or placed in a drainage or utility easement. F. Front Yard Setback Requirements: No detached garages or other accessory buildings shall be located nearer the front lot line than the principal structure except as follows: 1. On residential parcels with a lot area of one acre or more, a detached garage or accessory building may be constructed closer to the front lot line than the principal structure; however, the minimum distance it may B be from the front lot line is sixty feet (60') subject to City Code 12-6-5. (Amended Ord. 314, 10-4-2005) 2. All detached garages or accessory buildings constructed nearer the front lot line than the principal structure shall be similar in design and exterior finish material so as to be compatible with the principal structures. (Ord. 8NNNNNN, 7-16-2002) G. Animals: Any building in which farm animals, pleasure/recreational animals or poultry are kept shall be a distance of one hundred feet (100') or more from any other occupied residence, and any open or roofed enclosure in which such animals are kept shall be a distance of fifty feet (50') or more from any occupied residential lot. The City Council may order the owner of any such animals to apply for a Conditional Use Permit if it is deemed to be in the interest of the public health, safety, or general welfare. (Amended Ord. 8, 10-21-1970; amd. 2003 Code; Amd Ord. 314 10-4-2005; Amd. 4/18/06, Ord. 325A) 12-6-6: TEMPORARY STRUCTURES: Temporary structures shall be required to obtain a Conditional Use Permit, as otherwise provided by this title. The Conditional Use Permit for a temporary structure shall be reviewed subject to the following regulations: A. Temporary structures governed by this chapter shall be allowed by Conditional Use Permit in all zoning districts. B. There shall be a time limit established for temporary structures to remain on a site as a part of the Conditional Use Permit review during the construction process. Temporary structures allowed by administrative approval, other than construction trailers, shall be limited to six (6) months in duration. The City Council may extend the six (6) month time limit, if special circumstances exist. C. Prior to issuance of a building permit, a site plan review must also be approved. D. Security measures such as lighting and including connections to the main building shall be reviewed as a part of the Conditional Use Permit. E. Parking shall be subject to the provisions of Section 12-14-10 of this title. F. Signage shall be subject to the provisions of Section 12-14-9 of this title. G. The Conditional Use Permit will address the date the temporary structure shall be removed from the property. The applicant will provide a written long-term plan for its removal. R H. Temporary structures shall follow the required building setbacks. The temporary structure is to be located to the side or rear of the site and will be reviewed as a part of the Conditional Use Permit. All applicable requirements of the International Residential Code, International Building Code, International Fire Code, and State Building Code shall be met. J. Provisions for water and sewer servicing a temporary structure shall be subject to the review and approval of the building official. K. Construction trailers shall be allowed administratively through the commercial site plan review process through the construction process. No trailers shall be allowed to be used as temporary sales offices. L. Tents for promotional sales events shall be allowed up to ten (10) calendar days per year. A permit must be approved for tents by the city Fire Department to assure they will conform to the International Fire Code. Fees for tents shall be set as stated in Subsection 1-7-3A of this code. No Conditional Use Permit is needed for this type of temporary structure. M. Upon sale or transfer of ownership of the property, the Conditional Use Permit shall be brought up for renewal or the temporary structure shall be removed. (Ord. 294, 7-6-2004) V$ 12-14-7 Variance: 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) mj --- ------- JE 1 2011 OF ANDOVER A uW GARAGE: BuIlding CHRIS HYNES RES. supp�j QArl GROW- MN 04"m W, 1.0 - CONTRACTOR VERIFY ALL MLOWMATk-M WPOJM %TkVtly,y Cow 0 15 I r E-Wlo- CONTRACTORWRtrYAL.LtNvow"m" „ c, BEFORE STARTING MtSTRUCj, - a'lt�sb R a 176 rG t sC% IS/av O -V.6 s"'A oIN4 'fit stt. .m MubwnyKa ztw XY A PM spc% 3 FFIT i M 60 R6QULb ST (vVle S,l l.WP ') �,u A5 Raq•e p aupal &uo Mr4. /iLo J4E4714 04.. 6Facs. It MMALUMAYF IM % GA6 . 6PP) LATIa CMINj Cur) sld y4m w eua aTReAc (u.rf) X aoccs rrw ftr -/auL sui[2 g 41, ..C. MAX ,A . .s . a, NSYL " p ,f yyAly LINA We would like to build a 2200 square foot (36'x 60') detached garage in a R4 zone with 2.953 acres. The square footage is equal to the livable space foundation footprint of our home, excluding our attached garage. Please also consider with the cities acquisition of the Slyzuk Family Farm our families storage facilities will be greatly diminished. I %i41J.V T 900.21 P -OH p_0H is d / ; - „900.09 P-OrI -OH p_ 897.71 Q{ !m� 900.2 OH 1 F�'0 69- �-r�H - -_-• P -OH = - p�•u. - 89939 �_p-011.. t R�rc, Ucoperotive PoW7 hI. 4Vociatlon 1'11 Do•�6 900.25 1F2T 'RAID= \�_Euseme,,tlas depict on fhe , s_ I - - - - - -- - -- - - - _ _ WOODLAND ESTATES FUURTIi ADDI11ZJry�j ,r , as9.e4 / x X - - - - -' - -901- 900 5 - - - __ _- u7 ,Y x 899.5. M } liG.01 90L54901.56 ^� X900.56 899.70 1 `: - , /. - ale1 1\ X901.66FES Inv » 896.02 I I n 900.03 \ 9pZ\ ` x X �// \ \\\\ \\\ 902.70 `\ X903.67 ` Yom' x904.42- __ \\\\ I LV 899.55 \ \ 1 �. 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I X // �9p488 2.3 .051 1 // MonurpSign �\ m I / tj 1 ' 5.49 _ 903.68 ,,�� ^^ / 988.83 ' �.-� . , a 0 �. ._ _.g03�- � "- x - - A � +ems 91 i 2 �} 1 Surmountable Concrete. ' S88-0!4 C / / / / 907.57 1 •� 907.92 • '" ; s `-Curb Jc Gutter 902 44 \ 00 V � \ a• ... _ -� ... 905b8 \ X07 9("' ? 907, VETERANS EM- �3 1> M ORIAL LVD. - - MH Rim- 906.34 (PLATTED AS 152ND LANE NW), �+r`. - 1 •Inv. -69= 36 (Record) �. I,