HomeMy WebLinkAbout11/14/2017NDOVE
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
November 14, 2017
7:00 PM
Andover City Hall
City Council Chambers
7.00 P.M.
1. Call to Order
2. Pledge of Allegiance
3. Approve October 24, 2017 work session and regular meeting minutes
4. Public Hearing: Interim Use Permit - Mining and Land Reclamation - 16563
Hanson Boulevard NW — Dennis Kuiken
5. Public Hearing: City Code Amendments - Title 9 Building Regulations and Title
12 Zoning Regulations
6. Other Business
7. Adjournment
C I T Y O F
ND OVE�
1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100
FAX (763) 755-8923 • WWW. CLAN DOVER. MN. US
TO: Planning and Zoning Commissioners
FROM: Stephanie L. Hanson, City Planner
SUBJECT: Approval of Minutes — October 24, 2017 Work Session and Regular Meeting
Minutes
DATE: November 14, 2017
REQUEST
The Planning and Zoning Commission is requested to approve the work session and regular
meeting minutes from October 24, 2017.
2
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8 PLANNING AND ZONING COMMISSION WORKSHOP MEETING —
9 OCTOBER 24, 2017
10
11
12 The Workshop Meeting of the Andover Planning and Zoning Commission was called to
13 order by Chairman Daninger on October 24, 2017, 6:00 p.m., at the Andover City Hall,
14 1685 Crosstown Boulevard NW, Andover, Minnesota.
15
16 Commissioners present: Commissioners Bert Koehler IV, Kyle Nemeth, Nick
17 Loehlein, and Jeff Sims
18
19 Commissioners absent: Timothy Cleven and Scott Hudson
20
21 Also present: Community Development Director Joe Janish
22 City Planner Stephanie Hanson
23 Others
24
25
26 Ms. Hanson invited Commissioners to ask questions about the agenda items.
27
28 Chairperson Daninger described the role and procedures for the Planning & Zoning
29 Commission meetings for the benefit of new Commissioner Nick Loehlein.
30
31 LOT SPLIT — 643 CONSTANCE BLVD. — TODD AND CINDY CHRISTENSEN
32
33 Ms. Hanson confirmed that the variances were already approved for this property, by the
34 City Council.
35
36 Commissioner Loehlein asked if there were any modifications. Ms. Hanson confirmed
37 that there were none and indicated that splitting the lot this way saved the applicant a few
38 thousand dollars.
39
40 Commissioner Nemeth asked for confirmation that the barn was required to be removed.
41 Ms. Hanson confirmed that the barn had already been removed.
42
43 Commissioner Sims asked if the resident would need to pay a park dedication fee, even if
44 it was a lot split. Ms. Hanson indicated that was the case. Mr. Janish explained that the
45 way cities determine these calculations are often based on population. The theory is that
46 each household places a demand on the parks. A developer pays the fee if it is a
Andover Planning and Zoning Commission Workshop Meeting
Minutes — October 24, 2017
Page 2
1 development. Ms. Hanson confirmed that this is common in Metro cities. Sometimes a
2 road improvement fee is also charged.
3
4 CONDITIONAL USE PERMIT — 3075162ND LANE NW— JOSEPH OTTO
5
6 Ms. Hanson stated that in this situation, the purchase agreement was cancelled for the
7 property because the improvements would be in excess of what the property/facility
8 would be worth. This industrial area can be a difficult area of the City to develop.
9
1 o PRELIMINARY PLAT — WHITE PINE WILDERNESS 3RD ADDITION -
11 TOLLBERG HOMES
12
13 Chairperson Daninger described the process for a public hearing and the definition of a
14 plat for Commissioner Loehlein's benefit.
15
16 Ms. Hanson said that this request was pretty routine, and that another part of the plat will
17 come back to the Commission at a later date. Three lots will be developed now so that
18 the developer can get footings in the ground and build over the winter and have a home in
19 the Parade of Homes in the spring of 2018. The wetlands are now being looked at by
20 another government agency and once that process is completed, which will take about 2
21 months, then the rest of the plat will come back to be reviewed by the Commission.
22
23 Mr. Janish addressed outlots. The City owns outlots once the developer is not paying
24 taxes on it and then who owns the outlet comes into question. Generally, the City's view
25 is to take the value of the outlot and combine it with other lots and increase their value.
26 Long-term ownership is the main issue. Outlots are not allowed in the City of Andover if
27 it is a wetland. Chairperson Daninger reiterated, if it's not buildable, it really is the
28 upkeep of the outlot that is the issue. Commissioner Nemeth noted that the Preserve at
29 Oakview had an outlot. Ms. Hanson stated the developer, in that case, decided to tie it
30 into his own lot, since it was not allowable.
31
32 Commissioner Loehlein noted that small plats, instead of big plats, are hard to look at as
33 to how it effects the larger area around it. Ms. Hanson noted that the same developer
34 ownsthe land/lots that will be around this small plat.
35
36 Chairperson Daninger indicated that there is a Master Plan for sewer and roads.
37 Sometimes there is a concern about a ghost plat or about water and drainage. A plat
38 cannot affect water and drainage of the property of others. Ms. Hanson confirmed that
39 the plat area is surrounded by Open Space that is preserved.
40
41 Commissioner Loehlein asked if there was a maximum number of homes that have to be
42 built to consider needing another way out of a development. Commissioner Koehler
43 responded that there are several factors including: sewer, electrical, water, snowplowing,
44 and fire. Commissioner Nemeth stated that the Commission relies on staff for that type
45 of input, e.g. the fire chief reviews the plat. Chairperson Daninger commented that the
Andover Planning and Zoning Commission Workshop Meeting
Minutes — October 24, 2017
Page 3
1 Commission is guided by the rules, but needs to rely on the staff for details and advice.
2 Staff reviews the requests ahead of time, so by the time it gets to the Commission there
3 has been good guidance given to the applicant. Ms. Hanson confirmed, that by state
4 statute, the Commission needs to give the reasons to deny the request. Issues identified
5 by the Review Committee can be addressed ahead of the meeting of the Commission.
6 Needed permits are also addressed by staff.
7
8 OTHER BUSINESS
9
10 Ms. Hanson gave a Comp Plan update. Putting in a new trunkline will likely be a
11 discussion item at a joint work session coming up. Staff is also looking at flood range
12 information now. It looks like 400 acres may be developable on the north end of the
13 Rural Reserve area. Consideration will also need to include the Metropolitan Council.
14 Chairperson Daninger noted that not much change would be made to the Comp Plan, but
15 Parks will have some revisions. Sewer will be the big discussion item in the Rural
16 Reserve. The Comp Plan update will have new traffic counts. Ms. Hanson also
17 confirmed that water usage is down. There is anticipated construction planned for
18 Hanson Boulevard in 2019. Bunker Lake Boulevard is now complete. Davinci Academy
19 is building at the intersection of Bunker Lake Boulevard and Jefferson Street. Ms.
20 Hanson noted that Lennar is changing the sketch plan and the development could be up to
21 80 lots. Mark Smith, who is working on Catcher's Creek East, got a mining permit. He
22 is hoping to submit the preliminary plat to the City by the end of the year. Commissioner
23 Koehler commented on Clocktower Commons not having a clocktower. Chairperson
24 Daninger stated agreement.
25
26 Commissioner Nemeth commented that sometimes Commissioners get to see the
27 comments made in advance of the submission of the final plat. Chairperson Daninger
28 agreed that sometimes it is nice to see the changes.
29
30 Ms. Hanson anticipates that the Comp Plan will be finished by year end.
31
32 ADJOURNMENT
33
34 Motion by Sims, seconded by Koehler, to adjourn the meeting at 6:52 p.m. Motion
35 carried on a 5 -ayes, 0 -nays, 2 -absent vote (Cleven and Hudson).
36
37 Respectfully Submitted,
38
39
40 Marlene White, Recording Secretary
41 TimeSaver Off Site Secretarial, Inc.
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8 PLANNING AND ZONING COMMISSION MEETING — OCTOBER 24, 2017
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10
11 The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was
12 called to order by Chairperson Daninger on October 24, 2017, 7:00 p.m., at the Andover
13 City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota.
14
15 Commissioners present: Bert Koehler IV, Nick Loehlein, Kyle Nemeth, and Jeff
16 Sims
17
18 Commissioners absent: Timothy Cleven and Scott Hudson
19
20 Also present: Community Development Director Joe Janish
21 City Planner Stephanie Hanson
22 Others
23
24
25 CALL TO ORDER
26
27
28 PLEDGE OFALLEGIANCE
29
30
31 OATH OF OFFICE — NICK LOEHLEIN
32
33 Nick Loehlein read the Oath of Office. Chairperson Daninger welcomed him in service
34 to the community. He replaces Commissioner Peterson, who resigned in September
35 2017.
36
37
38 AGENDA
39
40 Commissioner Daninger indicated that the application had been withdrawn for item
41 number 6 on the agenda.
42
43
44 APPROVAL OF MINUTES
45
46 September 12, 2017, Regular Meeting
Regular Andover Planning and Zoning Commission Meeting
Minutes —October 24, 2017
Page 2
2 There were no changes from staff or the Commissioners.
3
4 Motion by Nemeth, seconded by Koehler, to approve the September 12, 2017 Regular
5 Meeting minutes as presented. Motion carried on a 5 -ayes, 0 -nays, 2 -absent (Cleven and
6 Hudson) vote.
7
8 Chairperson Daninger gave instructions regarding the purpose and process followed in a
9 public hearing.
10
11 There were no questions from the Commissioners.
12
13
14 PUBLIC HEARING: Lot Split - 643 Constance Boulevard — Todd and Cindy
15 Christensen
16
17 Ms. Hanson presented information regarding the lot split being proposed.
18
19 Motion by Koehler, seconded by Sims, to open the public hearing at 7:09 p.m. Motion
20 carried on a 5 -ayes, 0 -nays, 2 -absent (Cleven and Hudson) vote.
21
22 Motion by Koehler, seconded by Sims to close the public hearing at 7:10 p.m. Motion
23 carried on a 5 -ayes, 0 -nays, 2 -absent (Cleven and Hudson) vote.
24
25 Motion by Koehler, seconded by Nemeth to approve the lot split as presented. Motion
26 carried on a 5 -ayes, 0 -nays, 2 -absent (Cleven and Hudson) vote.
27
28 This matter will be heard at the Monday, November 6, 2017 Council meeting at 7:00 pm.
29
30
31 PUBLIC HEARING: Preliminary Plat —White Pine Wilderness 31 Addition —
32 Tollberg Homes
33
34 Ms. Hanson presented information regarding the preliminary plat being proposed.
35
36 Commissioner Nemeth requested that Ms. Hanson summarize the changes suggested by
37 the Andover Review Committee in this matter. Ms. Hanson stated that the changes were
38 very minimal to these 3 lots. It first came to the City as a whole plat and there were a lot
39 of comments and requirements to work with other governmental agencies. However,
40 with these 3 lots there were very minor changes. Ms. Hanson confirmed that the existing
41 drainage and utility easement across outlot A will remain in place; it is where the existing
42 water main is located.
43
44 Commissioner Sims inquired about the easement at the back of lot 1. Ms. Hanson
45 confirmed that it was needed because of the existing wetland. He also asked if the
Regular Andover Planning and Zoning Commission Meeting
Minutes —October 24, 2017
Page 3
1 developer would be building the homes as well. Ms. Hanson replied that she did not
2 know.
3
4 Commissioner Daninger mentioned outlots, but they are not an issue with this plat. He
5 also inquired as to where the nearest park is located. Ms. Hanson replied that the nearest
6 park was to the east, in the Country Oaks West subdivision. She further described the
7 role of the Parks Commission and how they make a recommendation to City Council
8 regarding parks.
9
10 Commissioner Koehler asked how long the homes on the cul-de-sac had been there. Ms.
11 Hanson replied that they had been built within the past year.
12
13 Motion by Nemeth, seconded by Sims, to open the public hearing at 7:21 p.m. Motion
14 carried on a 5 -ayes, 0 -nays, 2 -absent (Cleven and Hudson) vote.
15
16 Residents were invited to come to the podium and make comment.
17
18 Anna Dirkswager, of 16157 Zilla St., stated that she was speaking on behalf of a "bunch"
19 of families. She noted the Parks Commission recommendation for cash in lieu of land.
20 She requested that the decision be reconsidered. She noted that the kids in the 30 homes
21 already in the area do not have access to a park without crossing a major roadway. She
22 expressed that this would be passing up on an opportunity to have a new park. She noted
23 that this park would not be part of the Master Plan. She also wondered about park
24 equipment being moved from another park where it is not being used. She concluded by
25 saying that if the space is gone, there will be no option going forward.
26
27 Tucker Jaworski, of 16164 Crane St. NW, asked if there were already plans to make a
28 playground there. Chairperson Daninger stated that it was recommended that the money
29 be used for other parks. Mr. Jaworski recommended having a swing set there. He stated
30 that they have a really busy street and 70% of the new homes have kids, so it would make
31 sense to have a minor playground there. He also commented that the closest park is not
32 kid friendly. Chairperson Daninger stated that the City Council is watching this
33 issue/meeting and would appreciate hearing his concern. He continued by stating that he
34 found a possible place for a park. The lot near 16188 was identified. He thanked the
35 Commission for listening to his comments.
36
37 Luke Eaton, of 1376 161" Ln NW has lived in the White Pines development since last
38 March. He reiterated previous comments and noted that putting in a park, appeals to
39 those who are looking for places to live in the area. The lots in the area were described as
40 different shapes and sizes without as much open space in the backyards.
41
42 Joel Molville, of 1372 162nd Ave., had a question of Tollberg Homes wondering if they
43 intended to be the home builder going forward and if they were also open to selling to
44 other potential builders with an interest.
45
Regular Andover Planning and Zoning Commission Meeting
Minutes —October 24, 2017
Page 4
1 Tucker Jaworski came to the podium again, stating that his mom had a suggestion about
2 having a play area with a nature theme with a small playground. He reiterated that a lot
3 of people don't have much access to a park and do not have playsets in their back yard.
4
5 Nathan Jones of Tollberg Homes, thanked the Commissioners for the opportunity to
6 bring the proposal forward. He explained that the buildable lots would need a little bit of
7 fill in preparation for building. He acknowledged that they did come in with a large plat,
8 but that the process became bogged down due to outside governmental agencies. Their
9 goal is to get the 3 lots graded before fall and build over the winter. The rest of the
10 project will continue next year. They may bring in a couple of building partners, as the
1.1 most likely scenario. They are already in the process of negotiating with one builder who
12 wants to build on all of the sites and their own company would grade it. He noted that in
13 the 40' phase there will be a trail easement to access the open space to the north. As a
14 builder they rely on the Comp Plan developed by the City.
15
16 Motion by Nemeth, seconded by Sims to close the public hearing at 7:40 p.m. Motion
17 carried on a 5 -ayes, 0 -nays, 2 -absent (Cleven and Hudson) vote.
18
19 Chairperson Daninger commented that there had been a lot of discussion regarding
20 playground needs.
21
22 Commissioner Koehler asked for the definition of a passive walking trail. Ms. Hanson
23 replied that it is one that is mowed, not paved.
24
25 Commissioner Sims asked how it is determined if a park is needed. Ms. Hanson replied
26 that the Master Park Plan and population is considered.
27
28 Commissioner Nemeth asked if the area develops more, would the Parks and Recreation
29 Commission be more inclined to build a park. Ms. Hanson stated not for this area and
30 stated approximately 13 more lots will be added to the development in the 40' Addition.
31 She explained about open space to the east and north of the plat.
32
33 Commissioner Koehler asked if the Parks and Recreation Commission was done
34 reviewing the matter. Ms. Hanson stated that they would review the 4`h Addition as well.
35
36 Commissioner Sims asked if the Commission could recommend a park at that time. She
37 responded, that yes, they could recommend at that time.
38
39 Chairperson Daninger noted that this winter the 4 h Addition will be reviewed and asked
40 how a resident could know when the Parks & Recreation Commission would meet on that
41 item.
42
43 Commissioner Nemeth mentioned the Resident Forum at the beginning of the City
44 Council meeting and encouraged residents to go.
45
Regular Andover Planning and Zoning Commission Meeting
Minutes —October 24, 2017
Page 5
1 Commissioner Nick Loehlein asked if there would be future lot development along
2 Hanson Boulevard. Ms. Hanson replied that she was not sure.
3
4 Motion by Koehler, seconded by Nemeth to approve the preliminary plat as presented.
5 Motion carried on a 5 -ayes, 0 -nays, 2 -absent (Cleven and Hudson) vote.
6
7 This matter will be heard at the Monday, November 6, 2017 Council meeting at 7:00 pm.
8
9
10 OTHER BUSINESS
11
12 Ms. Hanson discussed the 2018 meeting schedule. It was decided that the August
13 meeting would be moved to a Monday, August 13 due to the primaries.
14
15 Ms. Hanson confirmed that there had been 83 new home permits issued so far in 2017.
16
17 Commissioner Nemeth reminded residents that the City Council has a Resident Forum at
18 regular City Council meetings where residents can speak regarding any topic.
19
20
21 ADJOURNMENT
22
23 Motion by Koehler, seconded by Sims, to adjourn the meeting at 7:51 p.m. Motion
24 carried on a 5 -ayes, 0 -nays, 2 -absent (Cleven and Hudson) vote.
25
26 Respectfully Submitted,
27
28
29 Marlene White, Recording Secretary
30 TimeSaver Off Site Secretarial, Inc.
C I T Y O F
ND OVE:
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: Interim Use Permit (IUP 17-01) — Mining and Land Reclamation
— 16563 Round Lake Blvd NW— Dennis Kuiken
DATE: November 14, 2017
DISCUSSION
Mr. Kuiken is seeking an IUP to mine and store up to 11,000 cubic yards of soil on a 33 -acre site he
owns at 16563 Hanson Blvd NW. The storage area is shown on the attached map. Mr. Kuiken has done
mining and stock piling in the past on this property. This will be a phased process over 5 years and will
not be done all at once.
This project will begin November 22, 2017. No more than 11,000 cubic yards of soil will be placed on
Mr. Kuiken's property at any given time. The material will be sold as part of the Norlex Turf business.
Mr. Kuiken requested the IUP be approved for five (5) years, expiring on November 30', 2022. He will
have the road easement staked out and conduct mining activities 10 feet from the easement. The area
proposed to be mined is located in the floodplain and would be dug to a depth of 6 feet.
Engineering Department Review
As part of the review process, the Engineering Department states that an NPDES permit will be required,
silt fences should be erected around stock piles, a permit would need to be acquired from the Lower Rum
River Watershed Management Organization, restrictions put in place regarding vegetation and a max of
4/1 slope on the stockpiles.
In addition, Mr. Kuiken will need to get a permit from the Anoka County Highway Department and clean
the impacted streets daily. Mr. Kuiken will also need to consult with the US Army Corps of Engineers
and the MN DNR.
Transportation
When hauling dirt from stockpiles, 167' Avenue will not be used unless hauling to a home in that area.
Dirt from mining will be transported to the stockpiles entirely upon Mr. Kuiken's property.
Mr. Kuiken will locate and mark the road easement. The attached plans indicate the excavation will
remain 15 feet from the high point near the ditch (aka top of bank). Excavation for mining will remain 10
feet from the 167' Avenue road easement. Recycle or class 5 will be installed at the exit from the
stockpile to Hanson Boulevard to prevent dirty tires from going onto the roadway.
Interim Use Permit Standards
The Planning and Zoning Commission shall recommend an interim use permit and the Council shall issue
such interim use permit only if it finds that such use at the proposed location:
1. Will not create an excess burden on parks, streets, and other public facilities;
• Applicant has conducted similar activities at the property and staff has not found
any records for complaints.
2. Will not be injurious to the surrounding neighborhood or otherwise harm the public
health, safety, and general welfare;
• Applicant has conducted similar activities at the property and staff has not
found any records for complaints.
3. Will not have a negative effect on the values of property and scenic views;
• The area proposed to be mined is located within the floodplain.
4. Will not impose additional unreasonable costs on the public;
• Mining activities are the responsibility of the owner/operator. Traffic to and
from the area is expected to remain at similar levels as in the past with the
previous request. Trucks hauling are expected to utilize Hanson Boulevard
unless deliveries are made to the developments directly adjacent to the site.
5. Will be subjected to, by agreement with the owner, any conditions that the City Council
has deemed appropriate for the permission of the use, including a condition that the
owner may be required to provide appropriate financial surety to cover the cost of
removing the interim use and any interim structures upon the expiration of the interim
use permit.
PROPERTY HISTORY
In January 2012, a CUP was approved for Mr. Kuiken to stockpile tire chips on the property for the
duration of 6 months. The CUP expired on July 1, 2012. The tire chips were used by Anoka County for
the reconstruction project of Hanson Blvd NW. In November 2012, a CUP was approved to temporarily
stockpile up to 10,000 cubic yards soil until July 2014.The conditions of the CUP's have been met and
they are no longer active CUP's.
In January 2016, an IUP was approved for Mr. Kuiken to mine and stockpile 3,500 cubic yards of dirt to
be used for the County Oaks North 2' Addition grading and for the 167' Avenue grading and
excavation. That permit recently expired on November 1', 2017.
ACTION REQUESTED
The Planning and Zoning Commission is asked to hold a public hearing and provide a recommendation to
the City Council regarding the IUP request.
Respectful1 submitted,
Dan Krumwiede
Associate Planner
Attachments
Resolution
Location Map
Aerial Photograph
Letter of Request
Preliminary Grading Plan
Cc: Dennis Kuiken, Norlex Turf, 16563 Hanson Blvd NW Andover, MN 55304
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. R
A RESOLUTION GRANTING AN INTERIM USE PERMIT FOR MINING AND STORAGE
OF SOIL FOR THE PROPERTY LOCATED AT 16563 HANSON BOULEVARD NW,
LEGALLY DESCRIBED AS:
SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 11, TOWNSHIP
32, RANGE 24, ANOKA COUNTY, MINNESOTA
WHEREAS, Dennis Kuiken requested an interim use permit for mining and land reclamation to
allow for storage of approximately 11,000 cubic yards of soil; and,
WHEREAS, Dennis Kuiken has requested an interim use permit for the mining approximately
20,000 cubic yards of material on the subject properties; and,
WHEREAS, the Planning and Zoning Commission held a public hearing on November 14, 2017;
and,
WHEREAS, the Planning and Zoning Commission finds the request would not have a
detrimental effect upon the health, safety, and general welfare of the City of Andover; and
WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of
the interim use permit.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby
approves the interim use permit to allow for the storage of up to 11,000 cubic yards of soil on
said property with the following conditions:
1. Soil must be stored in the area shown on the aerial received by the City of Andover on
October 12, 2017.
2. All comments from city staff must be satisfactorily addressed prior to the
commencement of work on the property. The City of Andover Engineering
Department will determine when all comments have been satisfactorily addressed.
3. The applicant shall obtain a permit from the Lower Rum River Watershed
Management Organization for stockpiling dirt. The permit must be obtained prior to
the on-site storage of the soil.
4. All material shall be utilized in compliance with the City Code and Lower Rum River
Watershed Management Organization requirements.
5. Hours of hauling soil to the site are limited to Monday thru Friday 7:00 am — 6:00 pm,
Saturday from 8:00 am — 3:00 pm, no operations on Sunday.
6. Hours of operation with regards to mining are limited to Monday through Friday from
7:00 am - 6:00 pm, with no operations on Saturday, Sunday and Federal Holidays.
7. The soil must be removed from the site no later than November 30, 2022.
8. A NPDES permit will be required from the Minnesota Pollution Control Agency prior
to commencement of work on the property.
9. Mining shall be limited to 20,000 cubic yards and shall only occur in those areas
approved on the site plan and any modifications to the plan accepted by the City
Engineer.
10. Mining shall be performed in phases whereby an identifiable area, approved by the
City, shall be mined within an agreed upon time, followed by appropriate and
approved erosion control measures within two weeks of completion of the mined
phase.
11. The haul route for mining activities shall be from the mining area to the stockpiles
and vehicles/trucks shall utilize the applicant's property.
Adopted by the City Council of the City of Andover on this 2111 day of November, 2017.
CITY OF ANDOVER
ATTEST: Julie Trude, Mayor
Michelle Hartner, Deputy City Clerk
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Y O F
O T 1 L.
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
Joe Janish, Community Development Directo
SUBJECT: PUBLIC HEARING: City Code Amendments - Title 12 Zoning
Regulations, Chapter 6, Accessory Buildings and Temporary Structures
DATE: November 14, 2017
INTRODUCTION
Planning and Zoning Commission is requested to consider the following zoning text
amendments.
Accessory Structures:
The City Council and the Planning and Zoning Commission have considered several
variances over the last few years related to size of accessory structures. At the last
variance request, the City Council suggested staff review the ordinance and survey
surrounding communities on accessory structures. The survey table for surrounding
communities is attached and several communities allow for larger accessory structures
based on the size of a lot. Staff would suggest adjusting the current code to allow for
accessory sizes to be determined on lot size regardless of zoning classification within the
residential districts.
Movable Storage Containers:
Staff has been seeing a rise in the use of movable storage containers (a.k.a pods,
shipping containers). According to City Code these containers are not permitted. Staff is
proposing to provide a cleaner way in which to regulate the use of the containers by
adding a section with in the accessory structure section of our ordinance. While "pods"
have become more common for people to use when moving from one location to another,
it was determined that it may be appropriate to allow for the temporary use of the
containers for a short time period. Staff recommends a moveable storage container be
permitted for 30 days and also place restrictions on the location of said containers.
ACTION REQUESTED
The Planning and Zoning Commission is asked to hold a public hearing and provide a
recommendation to the City Council regarding the adoption of the zoning text
amendments as proposed in the attached ordinance.
Respe sub 'tte ,
6
Stephanie L. anson
Attachments
Ordinance No. XX, An Ordinance to Ordain City Code Amendments
Accessory Structure Research of Other Communities
Chapter 6 Accessory Buildings and Temporary Structures
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO. XX
THE CITY COUNCIL OF THE CITY OF ANDOVER DOES HEREBY ORDAIN AS
FOLLOWS:
CITY CODE TITLE 12: ZONING REGULATIONS
CHAPTER 6: ACCESSORY BUILDINGS AND TEMPORARY STRUCTURES
SECTION 12-6-4
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. Accessory buildings on a residential parcel greater than five (5)
acres shall be limited by setbacks, and impervious coverage requirements.
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 (5) acres
or less, but more than one acre, shall not exceed two thousand four hundred
(2,400) square feet. the total s ^ c ^t^,.^ e f land ^ r-oa by th
foundation ,.r two pr - pal stmet,, .^
C. The attached garage and detached accessory buildings on a residential parcel in
the D ^ zoning distfiet ^r any pr-epeAy less than one acre shall not exceed one
thousand two hundred (1,200) square feet total, and in no ease shall the a^taehed
aseesseFy building be greater- wfifty than y pe . 5094
^^»t () of the total
,,,,azo r,.,.t^^o
„cthe c ,..,doge. of the ...:.,eipal stmet,, .a. (amd. Ord. 314, 10-4-2005)
12-6-7:Movable Storage Containers:
A. Moveable storage containers shall include items commonly referred to as:
"Pods"; shipping containers, and or metal or wooden boxes used primarily to
ship goods from one location to another.
B. Moveable storage containers shall be utilized for the purposes of moving to
and from a property.
C. Moveable storage containers shall be placed within the driveway of the
.Prope
D. The location shall not interfere with traffic sight lines.
E. Movable storage containers shall not be permitted on the property for longer
than 30 days.
F. In no case shall a movable storage container be utilized for the purposes of
an accessory structure.
G. Once empty the property owner shall remove the moveable storage container
from the property.
All other Titles, Chapters and Sections of the City Code shall remain as written and
adopted by the Andover City Council.
Adopted by the City Council of the City of Andover this day of November
2017.
ATTEST: CITY OF ANDOVER:
Michelle Hartner, City Clerk Julie Trude, Mayor
Accessory Building Sizes (Existing Requirements)
Andover
Ham lake
Oak Grove
Coon Ra Ids
Ramsey^
Anoka
Blaine
Less than 1 acre
1 to 2.5 acres
2.5 to 5 acres 5 to 10 acres
SM acres
Shall not exceed foundation size of principal
Shall not exceed foundation size of
structure
principal structure
(R-4) Shall not exceed 1,200 or 50% of
(R-4) Shall not exceed 1,200 or 50% of
foundation size of principal structure
foundation size of principal structure
Shall not exceed height of principal structure. In R-0 max height of 15'. Ag district can go higher for certain ag type buldings.
Front Yard 676
Front Yard 720
Front Yard 800
Front Yard 1,200
Front Yard 5,000 unless
approved by City Council
Side or Rear Yard 1,000
Side or Rear Yard 1,500
Side or Rear Yard 2,400
Side or Rear Yard 3,000
Side or Rear Yard 5,000 unless
approved by City Council
1.49 acres or less 1.5 to 2A9 acres
2.5 to 3'99 Oto 5.99 acres 6.00 to 9.99 acres
1e
1,800
acres
2,400 3,600 5 000
1 M acres
9 000
Less than 1 acre
1� acres
1,600
2,000
0 t0.5 acre
.5tolacm
1tolA9acres
1.5 to 1.99
2W 249 acres
2.5 to 3A9
35 to 4.49
4.5 to 5.49
55 to 6.49
6.5 to 7.49
75 to BAB
85to9A9
9.5 to 9.99
30 to 19.99
20 to 39.99
acres
acres
acres
acres
acres
acres
acres
acres
acres
acres
acres
10% of lot, or
Within MUSA
Within MUSA
Within MUSA
WlthIn MUSA
Within MUSA
Within MUSA
Within MUSA
Within MUSA
Within MUSA
Within MUSA
Within MUSA
Within MUSA
Within MUSA
Within MUSH
1,500 sq. it
1.800
2200
2,400
2,400
2,700
3,000
3,500
3,900
4,300
4,700
5,100
5,500
6,000
8,000
whichever is
smaller
Outside MUSA
Outside MUSA
Outside MUSA
Outside
Ouslde MUSA
Outside MUSA
Outside MUSA
Outside MUSA
Outside MUSA
Outside MUSA
Outside MUSA
outside MUSA
Outside MUSA
Outside
1,800
2,200
2,400
MUSA 2,400
2,700
3,000
3,500
3,900
4,300
4,700
5,100
5,500
6,000
MUSA
8,000
Based on Zonis and: ranges from 1,056 square feet to 1,200, norshall the total area of all strucutres exceed 30 percent of the
lot area
Based on Zoning and within or outside MUSA Range from 1.000 1,200, 2 000, 3 000; CUP could allow more square footage
A Ramsey considers sized based on acreage of lot and if within or outside of MUSA; g of buildings Increases outside the MUSA
400 acres
Within MUSA
12,000
Outside MUSA
12,000
CHAPTER 6
ACCESSORY BUILDINGS AND TEMPORARY STRUCTURES
SECTION:
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
12-6-7:
Storage Containers
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. Accessory buildings on a residential parcel
greater than five (5) acres shall be limited by setbacks, and
impervious coverage requirements. 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
(5) acres or less, but more than one acre, shall not exceed two
thousand four hundred (2,400) square feet. the total sg are fnntane
of land GeveFed by the fGURdatien of the priRGipal 6tFUGtUre-.
C. The attached garage and detached accessory buildings on a residential
parcel 6n the R 4 zoning district or any rrepe4y less than one acre shall
not exceed one thousand two hundred (1,200) square feet total, and iR
RO Gase shall the d to h d a nn seri building he greater than fift
peFGeRt 0
(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 (6) 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
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
be from the front lot line is sixty feet (60') subject to City Code 12-6-5.
(Amended Ord. 314, 10-4-2005)
2. All detached garages or accessory buildings constructed nearer the
front lot line than the principal structure shall be similar in design and
exterior finish material so as to be compatible with the principal
structures. (Ord. 8NNNNNN, 7-16-2002)
G. Animals: Any building in which farm animals, pleasure/recreational
animals or poultry are kept shall be a distance of one hundred feet (100')
or more from any other occupied residence, and any open or roofed
enclosure in which such animals are kept shall be a distance of fifty feet
(50') or more from any occupied residential lot. The City Council may order
the owner of any such animals to apply for a Conditional Use Permit if it is
deemed to be in the interest of the public health, safety, or general
welfare. (Amended Ord. 8, 10-21-1970; amd. 2003 Code; Amd Ord. 314
10-4-2005; Amd. 4/18/06, Ord. 325A)
12-6-6: TEMPORARY STRUCTURES: Temporary structures shall be
required to obtain a Conditional Use Permit, as otherwise provided by this title.
The Conditional Use Permit for a temporary structure shall be reviewed subject
to the following regulations:
A. Temporary structures governed by this chapter shall be allowed by
Conditional Use Permit in all zoning districts.
B. There shall be a time limit established for temporary structures to remain
on a site as a part of the Conditional Use Permit review during the
construction process. Temporary structures allowed by administrative
approval, other than construction trailers, shall be limited to six
(6) months in duration. The City Council may extend the six (6) month time
limit, if special circumstances exist.
C. Prior to issuance of a building permit, a site plan review must also be
approved.
D. Security measures such as lighting and including connections to the
main building shall be reviewed as a part of the Conditional Use Permit.
E. Parking shall be subject to the provisions of Section 12-14-10 of this title.
F. Signage shall be subject to the provisions of Section 12-14-9 of this title.
G. The Conditional Use Permit will address the date the temporary
structure shall be removed from the property. The applicant will provide
a written long-term plan for its removal.
H. Temporary structures shall follow the required building setbacks. The
temporary structure is to be located to the side or rear of the site and will
be reviewed as a part of the Conditional Use Permit.
All applicable requirements of the International Residential Code,
International Building Code, International Fire Code, and State Building
Code shall be met.
J. Provisions for water and sewer servicing a temporary structure shall be
subject to the review and approval of the building official.
K. Construction trailers shall be allowed administratively through the
commercial site plan review process through the construction process. No
trailers shall be allowed to be used as temporary sales offices.
L. Tents for promotional sales events shall be allowed up to ten (10)
calendar days per year. A permit must be approved for tents by the city
Fire Department to assure they will conform to the International Fire
Code. Fees for tents shall be set as stated in Subsection 1-7-3A of this
code. No Conditional Use Permit is needed for this type of temporary
structure.
M. Upon sale or transfer of ownership of the property, the Conditional Use
Permit shall be brought up for renewal or the temporary structure shall
be removed. (Ord. 294, 7-6-2004)
12-6-7: Movable Storage Containers:
A. Moveable storage containers shall include items commonly referred
to as: "Pods"; shipping containers, and or metal or wooden boxes
used primarily to ship goods from one location to another.
B. Moveable storage containers shall be utilized for the purposes of
moving to and from a property.
C. Moveable storage containers shall be placed within the driveway of
the property.
D. The location shall not interfere with traffic sight lines.
E. Movable storage containers shall not be permitted on the property
for longer than 30 days.
F. In no case shall a movable storage container be utilized for the
purposes of an accessory structure.
G. Once empty the property owner shall remove the moveable storage
container from the property.