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1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100
FAX (763) 755-8923 • WWW.ANDOVERMN.GOV
Andover Planning and Zoning Commission
Meeting Agenda
December 10th, 2019
Andover City Hall
Council Chambers
7.00 p.m.
1. Call to Order
2. Pledge of Allegiance
3. Approval of Minutes — November 12, 2019 Regular Meeting
4. Public Hearing: Conditional Use Permit (CUP) — An accessory structure on a
lot prior to a principal structure — 2384 South Coon Creek Drive NW — Thomas
and Susan Hughes (Applicants)
5. Other Business
6. Adjournment
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: Approval of Minutes — November 12, 2019 Regular Meeting Minutes
DATE: December 10th, 2019
REQUEST
The Planning and Zoning Commission is requested to approve the November 12, 2019 regular
meeting minutes.
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8 PLANNING AND ZONING COMMISSION MEETING — NOVEMBER 12, 2019
9
to The Regular Bi -Monthly Meeting of the Andover Planning and Zoning Commission was
11 called to order by Chairperson Bert Koehler IV on November 12, 2019, 7:00 p.m., at the
12 Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota.
13
14 Commissioners present: Dean Daninger, Karen Godfrey, Nick Loehlein, Jeff Sims,
15 and Mary VanderLaan.
16
17 Commissioners absent: Scott Hudson
18
19 Also present: Community Development Director Joe Janish
20 City Planner Peter Hellegers
21 Associate Planner Jake Griffiths
22 Others
23
24
25 PLEDGE OFALLEGIANCE
26
27 APPROVAL OF MINUTES
28
29 October 8, 2019
30
31 Motion by VanderLaan, seconded by Daninger, to approve the minutes as presented.
32 Motion carried on a 6 -ayes, 0 -nays, 1 -absent (Hudson) vote.
33
34 PUBLIC HEARING: To consider city code amendments to the following sections of
35 Title 12 Zoning Regulations. Section 12-2-2 add definition for an Impound Lot;
36 Section 12-12 update permitted, conditional and prohibited uses, Section 12-16-4
37 add requirements for Impound Lots
38
39 Mr. Griffiths reviewed the information in the staff report for a request for a code
40 amendment to allow an impound lot in the City. Mr. Griffiths explained that at the
41 October 8, 2019 Planning and Zoning Commission meeting, the Commission
42 unanimously recommended approval of a CUP request for interim performance standards
43 and exterior storage. At that meeting, the Commission directed staff to work with the City
44 Attorney and add clarification to the hours of operation and create less restrictive
45 conditions for the storage of vehicles.
46
Regular Andover Planning and Zoning Commission Meeting
Minutes — November 12, 2019
Page 2
1 Staff worked with the City Attorney to draft a condition and loosen restrictions, however,
2 it was found that no condition on a resolution could be written that waived the
3 requirements of City Code 4-1-2; F. Junk Motor Vehicles, which states that any vehicle
4 with expired license plates or registration tabs is considered to be a nuisance and
5 therefore is prohibited.
6
7 Staff relayed this information to the applicant and after consideration they withdrew their
8 request for a CUP prior to City Council meeting. The applicant then submitted a petition
9 to amend the City Code to allow for "Impound Lots" in Industrial districts in order to
10 allow the storage of vehicles with expired license plates and tabs that are otherwise
11 operable.
12
13 Mr. Griffiths stated that staff prepared information for a draft resolution to change the
14 language of the code for the Planning and Zoning Commission to review and provide a
15 recommendation to Council. Mr. Griffiths stated the change includes three parts: adding
16 the definition of an Impound Lot; amend Chapter 12-12 to add Impound Lots as a
17 permitted use; and add Chapter 12-16-4 to City Code. Mr. Griffiths read through each
18 proposed change.
19
20 Chairperson Koehler opened the floor to questions of staff by the Commissioners.
21
22 Commissioner VanderLaan asked for the number of acres zoned light and heavy
23 industrial to find out the number of acres that would be affected by this change. Mr.
24 Griffiths responded that this change only applied to a small handful of properties within
25 Andover.
26
27 Commissioner Daninger asked if the code would still provide a 45 -day limit to holding a
28 vehicle on the property. Mr. Griffiths stated yes, that it was explicitly stated in the
29 definition.
30
31 Chairperson Koehler asked about the visibility from neighboring properties and the
32 impact if the neighboring property is more than one story high. Mr. Griffiths replied that
33 there can be landscaping or fencing to adequately screen it from a higher elevation.
34 Chairperson Koehler asked what would happen if adequate fencing or screening wasn't
35 possible and stated he would like to see language that alleviated the requirement that it be
36 screened from higher elevations. Mr. Griffiths responded that the Commission can add
37 language to state adequate screening at street level.
38
39 Chairperson Koehler asked if the towing company must staff the impound lot if the lot is
40 owned by someone else. Mr. Griffiths stated the Commission can change the language to
41 state "the lot will be staffed by a designee of the owner".
42
43 Chairperson Koehler stated his concern about the history of similar projects in Andover.
44 He stated that Andover used to be known as the land of junkyards and wants to mitigate
Regular Andover Planning and Zoning Commission Meeting
Minutes —November 12, 2019
Page 3
1 any loopholes and strict interpretations. Chairperson Koehler stated that this proposed
2 use is an Impound Lot, not a junkyard.
3
4 Commissioner Daninger expressed support for both changes.
5
6 Commissioner Sims asked that since this is an ordinance, was there a need for a CUP.
7 Mr. Griffiths stated it is a requirement for an Interim Use Permit (IUP) which gives the
8 City greater control He stated the IUP is good for a maximum of 5 years and there are
9 several conditions that can cause revocation.
10
11 Chairperson Koehler asked if there was a maximum number of times an IUP could be
12 renewed. Mr. Griffiths stated there was not, but it never becomes a property right. There
13 are restrictions for how many times the applicant can re -apply after a denial.
14
15 Mr. Griffiths further explained that staff looked at adjacent communities and reviewed
16 their policies regarding impound lots. He explained what other cities do, provided
17 information from the applicant, and stated that the Fire Chief would like to see access
18 lanes within the lot. Mr. Griffiths stated that staff is looking for recommendations and
19 input on the regulation of parking within the use. He explained the City requirements for
20 commercial parking lots and compared it to the parking the applicant is requesting which
21 is front to back parking without access lanes.
22
23 Commissioner VanderLaan stated that residents are recalling previous problems and the
24 restrictive way the City has dealt with it. She understands that residents are concerned
25 that junkyards are going to happen allover again. Commissioner VanderLaan stated that
26 she doesn't agree with that assessment because of the attention the City is putting in the
27 code. She is, however, concerned about the parking and doesn't think it is wise to go
28 against the Fire Chief's recommendation.
29
30 Commissioner Sims asked which type of parking other cities allow. Mr. Griffiths stated
31 that Crystal and Fridley allow end to end parking.
32
33 Commissioner Godfrey asked why the draft was limited to 1 acre. Mr. Griffiths replied
34 that the limit of 1 acre keeps it from appearing to be a junk yard. Commissioner Godfrey
35 stated the importance of taking the Fire Chief s opinion as well as the amount of risk and
36 probability of risk.
37
38 Chairperson Koehler asked if the Commission is attempting to define a parking lot for an
39 impound lot or define a parking lot. Mr. Griffiths replied that the Commission is defining
40 a lot for an impound lot. He stated a Commercial Site Plan would make the applicant
41 conform to a standard commercial parking lot. He stated the Commission could allow
42 flexibility with end to end parking but would limit that flexibility to impound lots.
43
Regular Andover Planning and Zoning Commission Meeting
Minutes —November 12, 2019
Page 4
1 Chairperson Koehler asked staff if the Fire Chief recommended access lanes for
2 equipment or for firefighters with fu11 gear. Mr. Griffiths was not sure of the meaning of
3 access lanes and would seek clarification from the Fire Chief.
4
5 Commissioner Loehlein stated that current commercial parking is not adequate for the
6 use and may pose difficulties for the business. He would like to see a middle ground
7 which allows maximization of property and allows for safety.
8
9 Commissioner Daninger asked why staff used an aerial photo from 4-1-2015. Mr.
io Griffiths stated that was the best photo he could find to show the Commission what
11 parking would look like.
12
13 Motion by Daninger, seconded by Sims, to open the public hearing at 7:39 p.m. Motion
14 carried on a 6 -ayes, 0 -nays, 1 -absent (Hudson) vote.
15
16 Steven Schmit, Schmit Towing, 5238 108th Avenue No., Brooklyn Park, came forward
17 and stated that the main risk the Fire Chief had is a fire starting. Mr. Schmit stated that it
18 is very rare for a parked car to start on fire by itself. He explained that the vehicles stored
19 on this property would be in working condition and were no more at risk for fire than a
20 car sitting in a Target parking lot. He explained that using a traditional lot for an
21 impound lot is a waste of space. He stated that his company will work with the Fire
22 Chief to ensure access.
23
24 Chairperson Koehler asked the applicant how it would affect the business if it had to
25 conform to traditional parking lot standards. Mr. Schmit replied that it could comply, but
26 it wouldn't be very cost effective or an efficient use of space.
27
28 Commissioner VanderLaan asked Mr. Schmit how he has worked with other Cities
29 regarding fire lane access. Mr. Schmit replied that he has been in Fridley for 14 years
30 and has not had any issues. He is inspected annually and complies with the Fire
31 Department's policies. He stated that the City of Crystal required enough room to pull a
32 fire truck into the lot and keep fire lanes and exits clear.
33
34 Chairperson Koehler asked if he had any emergency calls to the storage lots in Crystal or
35 Fridley and Mr. Schmit stated he had not. Chairperson Koehler asked if Mr. Schmit had
36 any issues with the Fire Department flying drones over his property to inspect for safety
37 and Mr. Schmit said he did not.
38
39 Commissioner Daninger asked why staff limited the size to one acre and asked the
40 property owner if they and more than one acre to lease.
41
42 Tom Rossmeisl, property owner, 3256 139th Avenue NW, stated he is the property owner
43 and has 4.4 acres. He stated he would like to rent 2 acres to the impound lot but with the
44 City's regulations and his desire to move forward, they proposed 1 acre. He indicated
45 that ideally, he would like to lease 1.5 acres.
Regular Andover Planning and Zoning Commission Meeting
Minutes —November 12, 2019
Page 5
2 Joe Buck, general manager of Schmit Towing, 4498 102 Lane Northeast, Blaine,
3 Minnesota 55014, came forward and described the logistics of the impound lot. He stated
4 there is room for a fire truck to enter the back lot and room for a firefighter to go through
5 rows. He stated that the only time the lot is full is after a snowstorm. He assured the
6 Commission that an impound lot is not a junkyard and that cars will be removed if not
7 claimed within 45 days. He showed the Commission two access points to the back lot.
8 He stated the point of the business is to have a quick turnover and not have cars sitting for
9 long.
10
11 Commissioner Godfrey asked Mr. Buck if he could explain how someone would claim
12 their car. Mr. Buck stated that if the car is blocked in, staff moves cars and brings it to
13 the owner in the front. He explained that if the car is not blocked in, the owner is
14 escorted to their car by a staff member and the owner can drive their own car out. Mr.
15 Buck states that the lot is rotated every week. Old cars are moved off the lot and it is
16 organized by the length of time a car has been on the lot.
17
18 Mr. Griffiths stated that he received no written public input but had received three phone
19 calls opposed to the code change. Chairperson Koehler asked if these same people were
20 opposed prior to the last meeting and Mr. Griffiths stated they were not.
21
22 Motion by Daninger, seconded by Loehlein, to close the public hearing at 7:57 p.m.
23 Motion carried on a 6 -ayes, 0 -nays, 1 -absent (Hudson) vote.
24
25 Commissioner Sims stated his opinion that an impound lot is not a parking lot and can be
26 used at the best interest of the business owner.
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28 Chairperson Koehler asked the Commission to consider if it is enforcing the commercial
29 parking lot code or establishing an impound lot condition.
30
31 Commissioner Daninger asked Mr. Griffiths why it is limited to one acre and how many
32 cars can fit on that size. He stated he would like to see a commercial site plan with 2
33 acres to accommodate the same number of cars. Mr. Griffiths replied that approximately
34 240 cars can fit into one acre with back to front parking.
35
36 Chairperson Koehler stated that the Commission is recommending an ordinance that
37 affects the entire City and not just the business at hand. He stated that the Commission
38 needs to be cautious about what is decided to make sure it fits across the board.
39
40 Commissioner Daninger stated he is trying to find a path for the applicant to be
41 successful, ensure safety, and still follow code. He stated if more acreage is given, the
42 applicant will still need to provide screening.
43
44 Mr. Griffiths explained the process of an IUP and that the applicant can ask for further
45 exceptions using Interim Performance Standards (IPS).
Regular Andover Planning and Zoning Commission Meeting
Minutes —November 12, 2019
Page 6
2 Commissioner Loehlein asked for clarification on the process. Mr. Griffiths explained
3 that if the code is approved with the language requiring the Commercial Site Plan, the
4 ordinance states IPS cannot be changed for the parking lot, however, all other aspects
5 (curbing, landscaping) can be requested. Mr. Griffiths stated staff recommends keeping
6 that language in there if the Commission wants to go the Commercial Site Plan route.
7
8 Commissioner Loehlein stated that a different parking arrangement is appropriate here
9 and would like to develop a path for them. Mr. Griffiths replied that the Commission can
10 establish a different standard for parking lots for an impound lot and staff is using
I l regulations that are currently in place to regulate parking lots.
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13 Chairperson Koehler asked if this is a parking lot or not. He stated that people aren't
14 coming and going and they aren't parking or leaving on their own. He is having a hard
15 time saying it is a parking lot.
16
17 Commissioner Loehlein commented that making the area larger and treating it like a
18 parking lot takes away use of land for another purpose and adds cost for the business.
19
20 Commissioner VanderLaan asked if the Fire Chief's concerns would go away if the
21 property is increased to 1.5 acres and the applicant parks the vehicles further apart.
22
23 Commissioner Daninger stated he supported increasing the acreage and using the
24 Commercial Site Plan parking standards because it is better for appearance and safety. If
25 an IUP is used, the process is controlled.
26
27 Commissioner Godfrey would like clarification on safety and asked if it would be
28 prudent to define a parking area somewhere in between impound lot and commercial
29 parking site. Mr. Griffiths summarized the Commission's discussion stating there are
30 three options: 1) expand the area from 1 to 2 acres and keep the Commercial Site Plan in
31 place; 2) keep the area the same size (1 acre) and allow them to park as they want; or 3)
32 keep standards the same and allow applicants to seek IPS for parking, which allows
33 decisions on a case by case basis.
34
35 Commissioner Loehlein asked if striking the last sentence of item F would be a solution.
36 Mr. Griffiths replied that then the rest of the city code would fall into place and govern
37 the process.
38
39 Chairperson Koehler stated that it would be taking the decision and kicking it down the
40 road and making it the applicant's responsibility to apply for IPS.
41
42 Commissioner Godfrey proposed eliminating the last sentence in Item F and move
43 forward in approving the code. She stated this would then be handled by an IUP and IPS.
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Regular Andover Planning and Zoning Commission Meeting
Minutes — November 12, 2019
Page 7
1 Commissioner Loehlein concurred and would like it brought back with support from the
2 Fire Chief.
3
4 Mr. Griffiths stated that this decision would lead to 2 permits, 2 public hearings, and 2
5 agenda items.
6
7 Commissioner Godfrey asked if the property owner can begin using property and then
8 come back later to ask for an IUP for parking. Mr. Griffiths replied that use cannot begin
9 before the permits and processes are complete.
10
11 Commissioner Loehlein asked if it was possible to table the item and come back with
12 another approach after all information has been updated. Chairperson Koehler stated that
13 it can be tabled, but it is not recommended. He informed the Commission that 1 acre
14 would hold around 240 vehicles impound style or 120 vehicles commercial site plan
15 style.
16
17 Motion by Loehlein, seconded by Godfrey, to recommend to the City Council approval
18 of an Ordinance Amending City Code Titles 12-2-2, 12-12 and Adding Title 12-16-4
19 with the following changes: Item B — specify street level or ground level screening; Item
20 C — change from 1 acre to 2 acres; Item F - take out final sentence; Item H - genericize
21 who staffs facility.
22
23 Further discussion:
24
25 Commissioner Daninger stated his purpose of suggesting 2 acres was based on requiring
26 a Commercial Site Plan and if that was not necessary, he preferred it be kept at 1 acre.
27 Chairperson Koehler stated with 2 acres, the business could potentially put 480 cars in
28 that lot.
29
30 Commissioner Sims asked if removing the final sentence in Item F implies the need for a
31 second permit. Chairperson Koehler explained that the applicant would have to apply for
32 a Conditional Use Permit (CUP) for Interim Performance Standards. Commissioner Sims
33 stated that he doesn't believe it is a parking lot and thought the Commission should pass
34 what it would want to see an impound lot look like.
35
36 Mr. Griffiths reminded the Commission that if the code stated an IUP, then the process
37 defaults to a Commercial Site Plan. He informed the Commission that the code will
38 explicitly need to state the lot doesn't need to go through the Commercial Site Plan. He
39 asked the Commission if they wanted to allow impound lots in Andover, and if so, how
40 does the Commission want the parking lots to look like. Mr. Griffiths summarized the
41 options before the Commission: Option A) Commercial Site Plan using Interim
42 Performance Standards; and Option B) explicitly state parking is up to business owner
43 and then IPS are not needed.
44
45 Commissioner Sims stated he liked Option B.
Regular Andover Planning and Zoning Commission Meeting
Minutes — November 12, 2019
Page 8
2 Motion failed on a 3 -ayes, 3 -nays, 1 -absent (Hudson) vote.
3
4 Motion by Daninger, seconded by VanderLaan, to recommend to the City Council
5 approval of an Ordinance Amending City Code Titles 12-2-2, 12-12 and Adding Title 12-
6 16-4 with the following changes: Item C — change from 1 acre to 2 acres; Item B — add
7 street level or ground level screening;
8
9 Commissioner Godfrey offered a friendly amendment to add a change to Item H to state
to facility designates staffing.
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12 Commissioner Daninger accepted the Friendly Amendment.
13
14 Motion as amended failed on a 3 -ayes, 3 -nays, 1 -absent (Hudson) vote.
15
16 Motion by VanderLaan to recommend to the City Council approval of an Ordinance
17 Amending City Code Titles 12-2-2, 12-12 and Adding Title 12-16-4 as Written.
18
19 Motion withdrawn.
20
21 Commissioner Sims suggested adding a condition that an impound lot can park how they
22 want with approval from the Fire Chief. Mr. Griffiths replied that this would add another
23 process.
24
25 Commissioner Daninger suggested making a motion to direct staff to define what an
26 impound lot looks like.
27
28 Chairperson Koehler stated the Planning and Zoning Commission would not be able to
29 review it prior to the item going to Council.
30
31 Commissioner Daninger stated he was comfortable with that and had confidence that
32 staff will do their research and come up with a satisfactory definition.
33
34 Mr. Griffiths reiterated the Commission had consensus on the following items: Item B —
35 state street level screening and Item H — state the owner designates staffing. He stated the
36 final question is Item F with three options: A) Commercial Site Plan not allowing Interim
37 Performance Standards for parking; B) Commercial Site Plan allowing Interim
38 Performance Standards for parking; or C) Creating a new definition for impound parking
39 lot.
40
41 Commissioner Godfrey asked if it would be prudent for the Commission to go with
42 Option B which gives more flexibility and control by the City.
43
44 Motion by Loehlein, seconded by VanderLaan, to recommend to the City Council
45 approval of an Ordinance Amending City Code Titles 12-2-2, 12-12 and Adding Title 12-
Regular Andover Planning and Zoning Commission Meeting
Minutes — November 12, 2019
Page 9
1 16-4 with the following changes: Item B — specify street level or ground level screening;
2 Item F - take out final sentence; Item H - genericize who staffs facility.
3
4 Further discussion:
5 Commissioner Godfrey stated the motion does not fulfill the Commission's
6 responsibility. She felt the Commission should make an effort to try to define what they
7 want on an impound parking lot.
8
9 Commissioner Godfrey offered a Friendly Amendment for Item F — "impound lots shall
10 not be required to meet the City code standard parking lot requirements but shall maintain
I 1 access lanes for fire emergency".
12
13 Commissioner Loehlein accepted the Friendly Amendment.
14
15 Commissioner Godfrey offered another Friendly Amendment to Item A stating "All
16 necessary permits, including commercial site plan with the exception of those listed in
17 Item F..."
18
19 Commissioner Sims seconded the Friendly Amendments.
20
21 Commissioner Loehlein stated he would entertain a Friendly Amendment increasing the
22 size of the impound lot from 1 to 2 acres.
23
24 Commissioner Sims offered a Friendly Amendment changing Item C from 1 to 2 acres.
25 Seconded by Commissioner Godfrey.
26
27 Motion as amended failed on a 3 -ayes, 3 -nays, 1 -absent (Hudson) vote.
28
29 Motion by Koehler, seconded by Loehlein, to recommend to the City Council approval of
30 an Ordinance Amending City Code Titles 12-2-2, 12-12 and Adding Title 12-16-4 with
31 the following changes: Item A - "All necessary permits, including commercial site plan
32 with the exception of those listed in Item F,..."; Item B — Locations where impounded
33 vehicles are to be parked shall be adequately screened at the street level ..."; Item F —
34 "Impound lots shall not be required to meet the City code standard parking lot
35 requirements but shall maintain access lanes for fire emergency", . Item H "During
36 all operating hours ...the facility shall be staffed by a representative designated by the
37 property owner".
38
39 Motion carried on a 5 -ayes (Godfrey, VanderLaan, Koehler, Loehlein, Sims), 1 -nay
40 (Daninger), 1 -absent (Hudson) vote.
41
42 Associate City Planner Griffiths stated that this item would be before the Council at the
43 first meeting in December.
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Regular Andover Planning and Zoning Commission Meeting
Minutes —November 12, 2019
Page 10
Chairperson Koehler asked Mr. Griffiths to provide the Commission with the Council
copy of the Resolution.
OTHER BUSINESS
Mr. Griffiths welcomed Peter Hellegers as the new City Planner.
ADJOURNMENT
Motion by Daninger, seconded by VanderLaan, to adjourn the meeting at 9:11 p.m.
Motion carried on a 6 -ayes, 0 -nays, 1 -absent (Hudson) vote.
Respectfully Submitted,
Shari Kunza, Recording Secretary
TimeSaver Off Site Secretarial, Inc.
ND O:
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: Peter Hellegers, City Planner
SUBJECT: PUBLIC HEARING: Conditional Use Permit (CUP) — 2384 S. Coon Creek Dr.
NW — Accessory structure on a lot without a principal structure — Thomas and
Susan Hughes
DATE: December 10, 2019
INTRODUCTION
The applicant has applied for a Conditional Use Permit (CUP) for an accessory building on a lot
without a principal structure. Accessory buildings prior to the construction of a principal structure
may only be allowed as a Conditional use in the R-4 Single Family -Urban zoning district (City
Code Section 12-6-2).
DISCUSSION
The applicants previously owned both the subject parcel (2384 South Coon Creek Drive NW) and
the adjacent parcel at 2356 South Coon Creek Drive NW. The two lots were created by a split of
the 2356 parcel in December of 2017. The lot split included conditions that the applicants pay
defined park dedication and trail fees as well as enter into an assessment agreement to maintain the
existing detached garage without a principal structure on the newly created lot for a defined period
of one year.
Background - Lot Split Process and Land Use Agreement
The subject property was part of a 1.6 -acre parcel that included a house with an attached garage
and the detached garage that is the subject of this request. The applicants requested to split that
parcel into two lots; one lot with the house and the detached garage on the other lot. The City
Council approved the proposed lot split on December 19, 2017, subject to certain conditions
including that the property owner enter into a Land Use Agreement. The Land Use Agreement,
executed on January 8, 2018, stated that the owner would have one year to accomplish one of the
following: removal of the accessory structure, make application and be granted a Conditional Use
Permit to allow the accessory structure to remain, or apply for a building permit to build a
principal structure on the lot containing the accessory structure. On October 23, 2019 the City sent
written notice to the applicant that the one year had lapsed without one of the agreed upon actions
and reminding the applicant of the requirements of the agreement. A copy of the Planning
Commission minutes from the lot split have been attached.
Building Permit
The 720 square foot detached garage was built in 1971 with an approved building permit (Grow
Township Building Permit #239) when the subject property was still part of the parcel addressed
2356 South Coon Creek Drive NW.
Park / Trail Dedication
The City researched historical park dedication and found that the property had paid park dedication
at the time of the original plat and therefore no new park dedication fee was required. Trail
dedication fees were still required, and those fees were paid by the applicant.
City Code References — Accessory Structures
• City Code 12-3-5: Minimum District Standards: Zoning — R-4: Single Family - Urban
o Minimum required garage area: 440 s.£. (appx. 20' x 22')
• City Code 12-6-2: States that no accessory structure shall be permitted on a lot prior to the
principal structure except by Conditional Use Permit (CUP).
• City Code 12-6-4 A. La: Accessory structures in R-4 zoning and less than 1 acre in size:
o Accessory structures NTE 50% of principal structure foundation (not including
attached garage).
■ A new principal structure (not including the attached garage) would need to
be at least 1, 440 sf for the existing accessory structure to comply.
o Attached and Detached Garages NTE 1,200 s.f. combined
Note: If the existing garage remains on the property a future owner would
still have the ability to build an attached garage along with the new house
(principal structure), however the attached garage would be limited to 480
sf. (appx. 20'x 24'— which would be on the smaller end for a modern 2 -car
garage [typically 576 sf.J and is smaller than the typical 3 -car attached
garage that is being built in most new residential development in Andover
[typically 864 sf.]).
City Code 12-6-4 C: Accessory structures must be architecturally compatible with the
principal structure, use and neighborhood.
Comprehensive Plan
Subject property guided URL: Urban Residential Low. This land use district provides
areas for neighborhoods of single-family detached housing within the MUSA and access to
municipal sewer and water. These residential lots are sized to allow efficient utilization of
municipal infrastructure as well as providing an area large enough to accommodate housing
market demands.
• The minimum lot size is 11,400 square feet and the density ranges from 1.5 to 3.6 units per
acre.
Review Criteria — Conditional Use Permits
12-14-6 B: Criteria for Granting Conditional Use Permits:
1. In granting a Conditional Use Permit, the City Council shall consider the advice and
recommendation of the Planning and Zoning Commission and:
a. The effect of the proposed use upon the health, safety, morals, and general welfare
of occupants of surrounding lands.
An accessory structure on a lot prior to the construction of a principal structure
may only be allowed through a conditional use permit. The lot is in a single-family
residential setting and is located across from single-family homes.
b. Existing and anticipated traffic conditions, including parking facilities on adjacent
streets and land.
The applicant has a driveway that will allow for off street parking. It has been
determined by the City Engineer that the existing driveway would have to be used
as the driveway access for any future development of a new single-family home.
The current driveway could accommodate traffic to the existing garage or access to
a future home and attached garage.
c. The effect on values of property and scenic view in the surrounding area, and the
effect of the proposed use on the Comprehensive Plan.
As an R-4: Single Family -Urban property, the property can be used for a single-
family home (principal structure), a detached garage (accessory structure) may be
allowed as an accessory use.
ACTION REQUESTED
The Planning Commission is asked to hold a public hearing and provide a recommendation to the
City Council regarding the Conditional Use Permit request.
Attachments
• Location Maps
• City Resolution 2019-
• Code 12-6-1 —12-6-5, (from Chapter 6: Accessory Structures, Uses and Temporary Structures)
• Minutes from previous Planning Commission meeting
• Survey of Approved Lot Split
Respe llyAsed,
Pete a
City Planner
Copy: Thomas and Susan Hughes, 113 168th Avenue NE, Ham Lake, MN 55304
Figure l - Site Contest Map
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CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. R
A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR AN ACCESSORY
STRUCTURE TO BE LOCATED ON A PROPERTY THAT DOES NOT HAVE A PRINCIPAL
STRUCTURE ON THE PROPERTY LOCATED AT 2384 SOUTH COON CREEK DRIVE
NORTHWEST AND LEGALLY DESCRIBED AS FOLLOWS:
All That Part Of Lot 1, Block 3 Shady Knoll Addition, Anoka County, Minnesota, which
lies northwesterly of the following described line: Commencing at the southwest corner of
said Lot 1, Block 3; thence on an assumed bearing of North 00 degrees 24 minutes 53
seconds East, along the west line of said Lot 1, Block 3, a distance of 157.76 feet to the
point of beginning of the line to be described; thence North 58 degrees 54 minutes 26
seconds East a distance of 225.80 Feet to the southwesterly right of way line of South Coon
Creek Drive as platted in Shady Knoll Addition and said line there terminating, subject to a
public roadway easement per Document No. 651628.
WHEREAS, the applicant has requested approval of a conditional use permit for an accessory
structure to be located on a property that does not have a principal structure on the subject
property; and
WHEREAS, the Planning and Zoning Commission held a public hearing pursuant to City Code;
and
WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental
effect upon the health, safety, and general welfare of the City of Andover; and
WHEREAS, the Planning and Zoning Commission recommends to the City Council the approval
of this request.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover has
received the recommendation of the Planning and Zoning Commission and hereby approves the
conditional use permit for an accessory structure on a property prior to the construction of a
principal structure for the property located at 2384 South Coon Creek Drive Northwest subject to
the following conditions:
1. All aspects of the use shall conform to the requirements of City Code Title 12, Chapter
6 Accessory Structures, Uses and Temporary Structures.
Adopted by the City Council of the City of Andover on this day of December, 2019.
CITY OF ANDOVER
ATTEST:
Michelle Hartner, Deputy City Clerk
Julie Trude, Mayor
CHAPTER
ACCESSORY STRUCTURES, USES AND TEMPORARY STRUCTURES
SECTION:
12-6-1:
Definition
12-6-2:
Construction Prior To Principal Structure
12-6-3:
Accessory Structure Height
12-6-4:
Size And Construction Requirements
12-6-5:
Location And Setback Requirements
12-6-6:
Temporary Structures
12-6-1: DEFINITIONS:
A. Accessory Structure: For the purpose of this chapter, "accessory
structure" shall mean garages, sheds, utility buildings and structures, and
similar uses accessory to principal structures and uses.
B. Building Height: For the purposes of this section, building height shall
mean the vertical distance from the average of grade (the average
finished ground level adjoining the exterior of the building) to the average
height of the highest roof surface.
12-6-2: CONSTRUCTION PRIOR TO PRINCIPAL STRUCTURE: No
accessory structure shall be permitted on any lot prior to the principal structure
except by Conditional Use Permit.
12-6-3: ACCESSORY STRUCTURE HEIGHT: The maximum building
height of accessory structures shall be limited as follows:
A. Residential Districts: Except as provided by Section 12-3-5 of this Title,
no residential accessory structure shall exceed the building height of the
principal structure, and in the R-4 zoning district the maximum accessory
structure building height shall not exceed fifteen (15) feet.
B. Business or Industrial Districts: Maximum accessory structure height in a
commercial or industrial district shall be equal to the building height of the
principal structure, except by conditional use permit or except subject to
Section 12-3-5.
12-6-4: SIZE AND CONSTRUCTION REQUIREMENTS:
A. Residential Districts:
Accessory Structure Area: If an accessory structure or portion thereof
serves to satisfy the minimum garage size requirements of Section 12-3-5,
then that area, whether attached or detached, will not be deducted from
the maximum allowable area of accessory structures. The maximum
allowable area of residential accessory structures must not exceed the
area specified below:
a. Lots In The R-4 District and Lots Less Than 1 Acre — In the R-4 District
and in all other residential districts, on lots of less than one (1) acre the
maximum allowable area of accessory structures shall not exceed fifty
percent (50%) of the principal structure foundation area (excluding
attached garage); and the total combined area of attached garage and
accessory structures shall not exceed one thousand two hundred
(1,200) square feet, whichever is less.
b. Lots 1 Acre To Less Than 5 Acres -- In residential districts other than
the R-4 district, on lots of at least one (1) acre but less than five (5)
acres, the maximum allowable area of accessory structures shall not
exceed the principal structure foundation area (excluding attached
garage).
c. Lots 5 Acres And Larger -- In residential districts other than the R-4
district, on lots of five (5) acres and larger, the maximum allowable
area of accessory structures shall be limited only by the setbacks and
maximum impervious land coverage requirements of this code.
B. All Districts: Accessory structures shall not occupy more than twenty five
percent (25%) of any required rear yard
C. Construction Requirements:
1. To preserve residential neighborhood aesthetics and property values,
accessory structures located:
• closer than the principal structure to a property line fronting on a
public right of way; or
• within the Metropolitan Urban Service Area [MUSA Boundary]; or,
• on any lot of less than two and a half (2.5) acres,
shall be located and designed to be architecturally compatible with the
principal structure, use and neighborhood.
Architectural compatibility shall be accomplished by integrating the
exterior design elements and finishes of the principal structure, use and
neighborhood into the residential accessory structure. Architectural
features may include:
• roof pitch (minimum 4:12 required), soffits, gables, dormers,
• fenestration (placement of windows/doors);
• exterior finish colors and textures consistent with or complementary
to the principal structure;
• decorative exterior finishes, siding, wainscot and veneers (brick,
stone, stucco, EFIS, etc.),
• decorative lighting, and
• landscaping.
2. Except as allowed by Section 12-6-5 C for Farm Animals/Livestock,
exterior roof and wall finishes of galvanized or unfinished metal panels
are not allowed on residential accessory structures.
3. Where a determination of architectural compatibility cannot be made by
the Building Official or Zoning Administrator, the determination must be
made in accordance with Title 9, Section 9-1-4.
12-6-5: LOCATION AND SETBACK REQUIREMENTS:
A. Setbacks:
1. Front Yard Setbacks:
a. In all districts accessory structures shall not be located nearer the front
lot line than the principal structure; except on residential lots with a lot
area of one (1) acre or more, the minimum front yard setback is sixty
feet (60').
b. In all districts, front yard setbacks for accessory structures are the
same as for principal structures (See Section 12-3-5); except as
specified below:
i. Accessory structures located on a corner lot adjacent to a lot that
fronts on a cul-de-sac, shall be setback at least as far as the
principal structure on the adjacent cul-de-sac lot.
ii. Where less than the minimum right-of-way required by City Code
Section 11-3-3 exists, accessory structure setbacks shall be
measured assuming the right-of-way width required by City Code
11-3-3.
iii. Accessory structures located in a yard adjacent to a county road
shall have a minimum setback of fifty (50) feet from the property
line; except in the R-4 district, where the minimum setback shall be
forty (40) feet.
iv. For lots abutting county roads or arterial streets, where less than
120 feet of right-of-way exists, the setback for accessory structures
shall be measured assuming a sixty -foot (60') right-of-way on each
side of the existing right-of-way centerline.
2. Side Yard and Rear Yard Setbacks
a. Residential Districts: In all residential districts, accessory structures
shall be setback at least five (5) feet from side and rear lot lines.
b. Business and Industrial Districts: In business and industrial districts,
accessory structures shall be setback at least ten feet (10') from side
and rear lot lines, subject to provisions for the abutting residential zone
provided herein.
B. Drainage and Utility Easements: Accessory structures and structures shall
not be constructed or placed in a drainage or utility easement.
C. Farm Animals/Live Stock: No enclosed accessory structure (barn or shed) in
which farm animals, pleasure/recreational animals or poultry are kept may be
located within one hundred (100) feet of a residential dwelling. No stationary
or moveable open animal shelter may be located within fifty (50) feet of an
adjacent residential lot unless the owner of the adjacent lot is the same party.
The City Council may order the owner of any farm animals to apply for and
obtain a Conditional Use Permit if it is deemed to be in the interest of the
public health, safety, or general welfare.
12-6-6: TEMPORARY STRUCTURES: Temporary structures shall be
allowed by either administrative approval or by Conditional Use Permit as
otherwise provided by this title.
A. Administrative Approval: Temporary structures allowed by administrative
review and approval by the city administrator include construction trailers,
shipping and storage containers and tents. 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.
Construction Trailers -- Construction trailers shall be allowed
administratively through the commercial site plan review process and
building permits. No trailers shall be allowed to be used as temporary
sales offices.
2. Tents -- Tents for private parties and promotional sales events shall be
allowed up to ten (10) calendar days per year. A tent permit must be
applied for by the property owner or their agent. The Fire Department
will review and approve or deny the application based on conformance
with the Minnesota State Fire Code.
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PLANNING AND ZONING COMMISSION MEETING — DECEMBER 12, 2017
Regular Bi -Monthly Meeting of the Andover Planning and Zoning Commission was
ovkto order by Chairperson Daninger on December 12, 2017, 7:00 p.m., at the
City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota.
present:
Commissioners
Also present:
CALL TO ORDER
Timothy Cleven, Bert Koehler IV, Nick Loehlein, and Kyle
Nemeth
Jeff Sims and Scott Hudson
City Planner Stephanie Hanson
PLEDGE OFALLEGL4NCE
APPROVAL OFMINUTES
November 14, 2017 Regular Meeting
There were no changes from staff.
Motion by Koehler, seconded by Loehlein, to approve the December 1
Meeting minutes as presented. Motion carried on a 4 -ayes, 1 -present,
(Sims and Hudson) vote.
17 Regular
c.2 -absent
PUBLIC HEARING. Lot Split — 2356 South Coon Creek Drive NW — Tom and Sued
Hughes
The property owners propose to split the 1.62 -acre parcel to create two (2) conforming
urban lots.
Regular Andover Planning and Zoning Commission Meeting
Minutes —December 12, 2017
Page 2
1 During the 1988 South Coon Creek Drive road improvement project, municipal utilities
2 (sewer and water) were stubbed to the property to accommodate future subdivision of the
3 land. The proposed lot split meets the R4 Single Family Urban requirements and is in
4 compliance with the Comprehensive Plan.
6 The Engineering Department reviewed the report and determined that the new lot is
7 buildable.
8
9 The property owners are proposing to allow the existing detached garage to remain on the
10 newly created Parcel A. This is an option through an Assessment Agreement that must
11 be executed and filed with Anoka County at the time the lot split is recorded. With the
12 assistance of the City Attorney, staff will draft the Agreement. The Agreement will allow
13 the garage to remain on the property without a principal structure for one (1) year
14 following the execution of the Agreement. If a principal structure is not constructed
15 within one (1) year, the City may tear down the structure and assess the costs to the
16 property.
17
18 A park dedication fee and a trail fee will be required to be paid for at the time of the
19 recording of the lot split. The park and trail fees will be based on the 2017 fee schedule:
20 park fee $3,038.00 and trail fee $807.00.
21
22 Commissioner Koehler asked about the space designated as a park on the map which also
23 had a lot number near it. Ms. Hanson confirmed that it is Shady Knoll Park and would
24 remain so.
25
26 Chairperson Daninger asked where the proposed road/driveway would be for the new lot.
27 Ms. Hanson stated that the Engineering Department indicated that the existing driveway
28 would need to be used.
29
30 Motion by Koehler, seconded by Cleven, to open the public hearing at 7:08 p.m. Motion
31 carried on a 5 -ayes, 0 -nays, 2 -absent (Sims and Hudson) vote.
32
33 Tom Hughes, of 2356 South Coon Creek Drive N, came to the podium to answer
34 questions. Commissioner Koehler asked about the future intent of the lot. He indicated
35 that he had no plans at this time to develop it himself. They currently live in Ham Lake
36 and are renovating the existing home. They plan to sell the new lot and the home once the
37 renovations are complete.
38
39 Commissioner Nemeth asked about plans for the existing garage. Mr. Hughes responded
40 that if the buyer does not want the garage he will move it to his property. Commissioner
41 Koehler asked Mr. Hughes if he was clear about the one-year arrangement. He
42 confirmed that he was aware.
43
44 There was no one else in the audience to comment.
45
Regular Andover Planning and Zoning Commission Meeting
Minutes —December 12, 2017
Page 3
1 Motion by Koehler, seconded by Hudson to close the public hearing at 7:11 p.m. Motion
2 carried on a 5 -ayes, 0 -nays, 2 -absent (Sims and Hudson) vote.
3
4 Commissioner Koehler asked what would happen once the lot is sold. Ms. Hanson
5 confirmed that the cost of removal of the garage would be assessed to the property.
6
7 Commissioner Nemeth asked when the one year starts. Ms. Hanson responded when the
8 agreement is executed. The agreement has to be filed with the County as well and the
9 City Attorney also has to approve the agreement.
10
11 Motion by Nemeth, seconded by Cleven to approve the IUP lot split. Motion carried on a
12 5 -ayes, 0 -nays, 2 -absent (Sims and Hudson) vote.
13
14 This matter will be heard at the Tuesday, December 19, 2017 Council meeting at 7:00
L5 p.m.
16
17 \temporrary
R BUSINESS
18
19 vember meeting, the Planning and Zoning Commission recommended approval
20 im /storage IUP request for Dennis Kuiken, located on Hanson Blvd and 1671h
21 The Ci Council approved the IUP with conditions that included the route is only
22 Hanson ulevard and that the slope of the stock piles remain ata 3:1 ratio.
23
24 ards to City Co amendments proposed by the Commission, related to accessory
25 ngs and temporary ctures, the Council tabled action on this matter and the topic
26 g to the Council Wo hop for discussion on January 23.
27
28 is reviewing a commercial s plan for a 12,000 square foot commercial building
29 located east of Christian Brot s Automotive, along Bunker Lake Blvd. In
30 on, there are currently a couple o ge residential developments under review.
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Commissioner Nemeth asked Ms. Hanson to i*
Arbor Oaks. Ms. Hanson said she will get back
Commissioner Koehler wished everyone a happy
ADJOURNMENT
about the occupancy at the Estates at
e Commission with an answer.
Motion by Nemeth, seconded by Cleven, to adjourn the meeting
carried on a 5 -ayes, 0 -nays, 2 -absent (Sims and Hudson) vote.
Respectfully Submitted,
Marlene White, Recording Secretary
TimeSaver Off Site Secretarial, Inc.
16 p.m. Motion
CERTIFICATE OF SURVEY( RECEIVED
-for- TOM AND SUE HUGHES
-of� 2356 SOUTH COON CREEK DRIVE N.W.
ANDOVER, MN 55304 MAR 3 1 2017
EXISTING PROPERTY DESCRIPTION
[Per Anoka County Document No, 2028995.008.]
Lot 1, Black 3, SHADY KNOLL ADDITION. Anoka County, Minnesota.
PROPOSED DESCRIPTION FOR PARCEL A
All that part of Lot i, Block 3, SHADY KNOLL ADDITION, Anoka County, Minnesota, which
lies northwesterly of the following described fine:
Commencing at the southwest comer of said Lot 1 Block 3; thence on on assumed
bearing of North 00di degrees 24 minutes 53 second East, along the west line of said
Lot 1, Block e e distance of green feet to the point of beginning di the line to be
225,80efe thence North w degrees 54 minutes 26 seconds East a distance of
225.60 feet to the southwesterly right of way line of South Coon Creek Drive as
platted in said SHADY KNOLL ADDITION and said line there terminating.
Subject to a public roadway easement per Document No. 651628
PROPOSED DESCRIPTION FOR PARCEL B
All that port of Lot 1, Block 3, SHADY KNOLL ADDITION, Anoka County, Minnesota, which
lies southeasterly of the following described line:
Commencing at the southwest comer of said Lot 1, Block 3; thence on an assumed
bearing of North 00 degrees 24 minutes 53 second East, along the west line of said
Lot 1, Block 3, a distance of 157.76 feet to the point of beginning of the line to be
described; thence North 58 degrees 54 minutes 26 seconds East o distance of
225.80 feet to the southwesterly right of way line of South Coon Creek Drive as
platted in sold SHADY KNOLL ADDITION and said line there terminating.
'NOTES
-Feld survey was'eompleted by E.G. Rud and Sons, Inc on 02/27/17.
- Bearings shown ore on Anoka County datum.
- Curb shots ore taken at the top and bock of curb.
- This survey was based upon Title Commitment File No. 120047, prepared by Westcor Land
Title Insurance Company, doted March 5th. 2012.
- Location of utilities existing on or serving the surveyed property determined by.
- Observed evidence collected.
Recorddrawings provided 's e ' ri
va e p ed by the City of Andover ngisur ng o loco a un
- Excavations were not mode during the process of this survey to locate underground
utilities and/or structures The location of underground utilities and/or structures may
wry from locations shown hereon and additional underground utilities and/or structures
may be encountered. Contact Gopher State One Call Notification Center at (651)
454-0002 for verification of utility type and field location, prior to excavation. Utility
Quality Level is 0 per CI/ASCE 38-02.
- Fee ownership is vested in Act Now Realty, LLC Parcel 10 Number. 27-32-24-32-0021.
- Address of the surveyed promises: 2356 South Coon Creek Drive N.W.. Andover, MN 55304.
- Surveyed premises shown on this survey mop is in Flood Zone X (Areas determined to be
outside the 0.22 annual chance floodplain.). according to Flood Insurance Rate Mop
Number 27003CD302E Community Na. 270689 Panel No. 0302 Suffix E by the Federal
Emergency Management Agency, effective date December 16, 2015.
ANOKA COUNTY BENCHMARK NO. 2071
ELEVATION - 873.338 (NAVD88)
"TT""T Professional 'Land Surveyors
rwW.egrud.aam 6776 Lake Drive NE Suite 110
Lino Lakes, MN 55614
Tel. (651) 361-8200 Pax (651) 361-6701
I hereby certify that this survey, plan
or report was prepared by me or under
my direct supervision and that I am
a duly Registered Land Surveyor under
the laws of the State of Minnesota.
JASON`GRND '
Gats: 03-31-17 License No. 41578
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I CURRENT ZONING IS R-4 (SINGLE FAMILY -URBAN)
FRONT SETBACK 35 FEET
HOUSE SIDE SETBACK (INTERIOR) 10 FEET
GARAGE SIDE SETBACK a FEET
REAR SETBACK 30 FEET
CORNER SIDE YARD SETBACK 25 FEET
WETLAND BUFFER 16.5 FEET
DEVELOPMENT REQUIREMENTS FOR ZONE Rt (SINGLEFAMILY URBAN)
MINIMUM LOT AREA 11.400 S.F.
MINIMUM LOT WIDTH 80 FEET AT SETBACK LINE
MINIMUM LOT DEPTH 130 FEET
LOT COVERAGE 302 MAX OF STRUCTURES
VICINITY MAP
PART OF SEC. 27, TWP. 32, RNG. 24
ANOKA COUNTY, MNNESOTA
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CITY OF -t
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1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100
FAX (763) 755-8923 • WWW.ANDOVERMN.GOV
TO: Planning and Zoning Commissioners
FROM: Peter Hellegers, City Planner
SUBJECT: Supplemental Agenda Items for 12/10 Planning and Zoning Commission
Meeting
DATE: December 10, 2019
The Planning and Zoning Commission is requested to receive the following supplemental
information.
Discussion Items
Agenda Item#: 4. Conditional Use Permit for 2384 South Coon Creek Drive NW—additional public
hearing correspondence-email received December 2,2019
Res.-I tfully itted,
/0 I
P fi g-rs io
City Planner
Peter Hellegers
From: Marlyn & Nancy Steinberger <luvcrzn@gmail.com>
Sent: Monday, December 2, 2019 1:23 PM
To: Peter Hellegers
Subject: Notice of Public Hearing - Conditional Use Permit
EXTERNAL EMAIL ALERT:This message originated from outside the City of Andover email system. Use Caution when
clicking hyperlinks, downloading pictures or opening attachments.
Upon receipt of the Notice of Public Hearing (Nov. 29, 2019) from Peter Hellegers, City Planner:
We do not support a new Conditional Use Permit for the property located at 2384 South Coon
Creek Drive NW, Andover, MN. There seems to be several different vehicles parked in front of
the garage throughout the year.
Marlyn & Nancy Steinberger
2328 145th Ave NW
Andover, MN 55304
1