HomeMy WebLinkAbout02.23.211685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 • WWW.CI.ANDOVER.MN.US
Andover Planning and Zoning Commission
Meeting Agenda
February 23, 2021
Andover City Hall
Council Chambers
7:00 p.m.
1. Call to Order
2. Pledge of Allegiance
3. Approval of Minutes — February 9, 2021 Regular Meeting
4. Public Hearing — Lot Split — 2225 167th Ave NW — Clint & Danica Sheifelbein
(Applicant)
5. Other Business
6. Adjournment
Please note:
Some or all members of the Andover Planning & Zoning Commission may participate in the February 23, 2021
meeting by telephone or video conference call rather than by being physically present at the Commission's
regular meeting place at the Andover City Hall, 1685 Crosstown Blvd NW, Andover, MN 55304.
Members of the public can watch the meeting live on the government access channel, web stream via QCTV.org
or physically attend at Andover City Hall. Please keep in mind that seating in the City Council Chambers is
currently very limited as appropriate social distancing will be practiced by the Commission and visitors. The
public can also participate in the public hearing remotely through the video conference call. A link to the call
will be available on the Planning Department website the day of the meeting.
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 — February 9, 2021 Regular Meeting
DATE: February 23, 2021
REQUEST
The Planning and Zoning Commission is requested to approve the February 9, 2021 Regular
meeting minutes.
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PLANNING AND ZONING COMMISSION REGULAR MEETING
FEBRUARY 9, 2021
The Regular Bi -Monthly Meeting of the Andover Planning and Zoning Commission was
called to order by Chairperson Bert Koehler IV on February 9, 2021, 7:00 p.m., at the
Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota.
Commissioners present: Karen Godfrey, Scott Hudson, Nick Loehlein, Mami Elias,
and Wes Volkenant (remote)
Commissioners absent: Mary VanderLaan
Also present: Community Development Director Joe Janish
Associate Planner Jake Griffiths
Others
PLEDGE OFALLEGL9NCE
OATH OF OFFICE
Chairperson Koehler administered the Oath of Office to Karen Godfrey and Nick
Loehlein.
APPOINTMENT OF CHAIRPERSONAND VICE CHAIRPERSON
Chairperson Koehler asked for nominations for Chairperson for 2021.
Commission Godfrey nominated Bert Koehler, IV for Chairperson.
There were no further nominations.
Roll call vote was taken to appoint Bert Koehler, IV for Chairperson of the City of Andover
Planning and Zoning Commission.
Godfrey - aye
Hudson - aye
Koehler - aye
Elias — aye
Loehlein - aye
Volkenant — aye
Motion carries unanimously.
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Regular Andover Planning and Zoning Commission Meeting
Minutes —February 9, 2021
Page 2
Chairperson Koehler asked for nominations for Vice Chairperson for 2021.
Commission Elias nominated Karen Godfrey for Vice Chairperson.
Chairperson Koehler nominated Nick Loehlein for Vice Chairperson.
There were no further nominations.
Roll call vote was taken to appoint Karen Godfrey or Nick Loehlein for Vice Chairperson
of the City of Andover Planning and Zoning Commission.
Godfrey - Godfrey
Hudson - Godfrey
Koehler - Loehlein
Elias — Godfrey
Loehlein - Godfrey
Volkenant - Godfrey
Motion carries 5 for Godfrey - 1 for Loehlein (Koehler) for Vice Chairperson of the City
of Andover Planning and Zoning Commission.
APPROVAL OFMINUTES
December 8, 2020 Regular Meeting
Motion by Hudson, seconded by Volkenant, to approve the December 8, 2020 Regular
Meeting Minutes as presented. Motion was taken by roll call:
Godfrey - aye
Hudson - aye
Koehler - aye
Elias — aye
Loehlein - aye
Volkenant — aye
Motion carries unanimously.
PUBLIC HEARING: SKETCH PLAN REVIEW — 1326 AND 1346 MIST AVENUE
NORTHWEST — TAMARACK LAND DEVELOPMENT, LLC (APPLICANT)
Associate Planner Griffiths stated the Commission is asked to review a sketch plan for a
22 -lot development located at 1326 and 1346 161' Avenue NW. Mr. Griffiths identified
the location on a map and explained the definition and purpose of a sketch plan. Mr.
Griffiths explained the property is within MUSA boundaries, will need to be rezoned from
R-1 (Single Family Rural) to R-4 (Single Family Urban), will need a variance to increase
the length of the cul-de-sac, and will need a review of density at the time of preliminary
plat.
Mr. Griffiths stated there are four proposed access points that connect to existing streets
Regular Andover Planning and Zoning Commission Meeting
Minutes —February 9, 2021
Page 3
1 surrounding the neighborhood. Mr. Griffiths reviewed the lot sizes, utilities, and wetland/
2 floodplain issues. He stated the housing product will be similar to the existing
3 neighborhood. Mr. Griffith stated one existing home will be retained on its own lot. Mr.
4 Griffiths stated the site is zoned Urban Residential Low (URL) with a guided density of
5 2.4-4 units per acre. He explained the site will have challenges meeting the density
6 requirements due to sewer capacity issues, significant floodplain/wetlands, need for
7 extreme amount of fill needed to add lots, and the characteristics of the surrounding area.
9 Mr. Griffiths stated the Parks and Recreation Commission recommended cash in lieu of
to land for Park Dedication requirements noting there is a park adjacent to the property. Mr.
11 Griffiths explained the next steps to provide feedback to the developer from the public and
12 the Commission to see if the developer would like to move forward with the project.
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14 Commissioner Elias asked if the existing homeowner is going to live on that site and what
15 is preventing the street from going through. Mr. Griffiths replied there is nothing
16 preventing the street from going through other than the area to the west is not developed.
17 He did not know if the existing landowner was going to remain in the house.
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19 Commissioner Volkenant asked if he was correctly reading the plan that the end of the cul -
20 de -sac is located in the correct position in relation to the home on the undeveloped property
21 to the west. Mr. Griffiths stated he does not have access to the exact location of the home
22 on the adjacent property at this time, however, staff will look at the alignment when the
23 property owner to the west decides to develop their land.
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25 Motion by Loehlein, seconded by Godfrey to open the public hearing at 7:23 p.m.
26 Motion was taken by roll call:
27 Godfrey - aye
28 Hudson - aye
29 Koehler - aye
30 Elias — aye
31 Loehlein - aye
32 Volkenant — aye
33 Motion carries unanimously.
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35 Brian Theis, Tamarack Land Development, came forward and stated staff did a good job
36 of presenting the project and Mr. Theis is available to respond to questions the public and
37 Commissioners may have.
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39 Seth Rust, 15782 1615 Avenue NW, came forward and requested trees be preserved as
40 much as possible.
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42 Clark Honzik, 15897 Avocet Street NW, came forward and asked to take the houses on the
43 cul-de-sac on 158[6 Lane, rotate them clockwise, and put an outlot to buffer his house. He
44 asked what type of houses will be put in.
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Regular Andover Planning and Zoning Commission Meeting
Minutes — February 9, 2021
Page 4
1 Molly Anderson, 15907 Avocet Street NW, came forward and would like the mature trees
2 preserved. She asked about the size and style of homes.
4 Dean Willenbring, President of Dean Allen Homes, 2677 Bunker Lake Boulevard, came
5 forward and stated he will be the builder of the development. He stated the houses may be
6 four -level and will stay away from traditional split-level homes. He stated the homes to
7 the north cannot have full basements due to the water table. He stated the homes to the
8 south can have full basements and he may have ramblers and two-story homes. Mr.
9 Willenbring had pictures of sample homes. He stated the price point will be over $400,000
10 and most will have three car garages.
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12 John Vukelich, 15826 Avocet Street NW, came forward and was concerned about the trees,
13 size of houses, price of houses, and the water pressure. He stated there is little water
14 pressure in the mornings.
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16 Chairperson Koehler announced the Commission received an email from Bill and Christy
17 Malonel333 156th Lane NW, stating their backyard is open space and it's why they moved
18 here. They are concerned about the loss of open space in Andover. She stated their lack
19 of attendance is not lack of concern.
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21 Chairperson Koehler asked Mr. Theis if he has plans to preserve anything. Mr. Theis
22 replied they have just started the initial grading plans and will take a look at heritage trees
23 and do what they can to save them. They will save trees along the property line if possible.
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25 Chairperson Koehler asked Mr. Theis if there is anything he can do to ensure water pressure
26 does not get any worse for existing properties and is reasonable for new homes. Mr. Theis
27 stated he will explore the issue with City Engineering staff.
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29 Chairperson Koehler asked if the houses on 1581h Lane cul-de-sac can be moved. Mr. Theis
30 stated he is willing to explore it and most of the land that is the current outlot is wetland.
31 He stated they are constrained by the wetland and may be able to shift it a bit. He stated
32 the lots could be widened instead of creating a new outlot.
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34 Seth Rust, 15782 161' Avenue NW, came forward and stated the land has been
35 undeveloped and is a nice open space and is a shame to lose it.
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37 Clark Honzik, 15897 Avocet Street NW, came forward and stated he is speaking for his
38 neighbor as well who would like to see the houses on the cul-de-sac shifted.
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40 Motion by Loehlein, seconded by Volkenant, to close the public hearing at 8:15 p.m.
41 Motion was taken by roll call:
42 Godfrey - aye
43 Hudson - aye
44 Koehler - aye
45 Elias — aye
Regular Andover Planning and Zoning Commission Meeting
Minutes — February 9, 2021
Page 5
I Loehlein - aye
2 Volkenant — aye
3 Motion carries unanimously.
5 Commissioner Volkenant referred to the email from the Malones and would like them to
6 know they are going to be less impacted by the development than those to the north. He
7 explained the wetland is remaining. Commissioner Volkenant stated this is his
8 neighborhood too. He stated when the houses on Avocet were built, it caused an impact
9 on the wetland and ponds. He stated he suspects there can be an effect on the homes and
10 adjacent neighborhoods. Commissioner Volkenant stated he is on a neighborhood
11 Facebook group and homes to the north had concerns about increased traffic on their road.
12 Commissioner Volkenant stated he has a concern about the closeness of home 13 to the
13 existing home next to Oakview Park. He supports a better buffer between existing homes
14 and the new homes.
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16 Commissioner Loehlein asked if the existing street stubs have the signs stating they are
17 temporary until the land develops. Mr. Griffiths replied signs are in place.
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19 Chairperson Koehler asked Mr. Griffiths to respond to the question about water pressure.
20 Mr. Griffiths stated the City's engineers reviewed the water pressure in this area and
21 concluded the development could sustain 28 new homes without impacting the pressure.
22 Chairperson Koehler asked if the City could measure water pressure prior to and after
23 construction. Mr. Griffiths replied the City Engineer could respond to that question.
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25 Chairperson Koehler asked Mr. Griffiths if he knows the zoning of the land. Mr. Griffiths
26 replied the area has been rural single family residential since the 1970s. He explained the
27 surrounding properties have been redeveloped and rezoned to single residential urban.
28 Chairperson Koehler asked if this property has always been designated for houses. Mr.
29 Griffiths replied it has been designated for houses.
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31 Commissioner Godfrey stated Oakview Park is scheduled for improvements to the
32 irrigation system and she wonders if the addition of the homes will impact the project at
33 Oakview. Mr. Griffiths stated he will refer the issue to the Parks Maintenance Department.
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35 Commissioner Hudson stated a development like this is required to keep water on-site. Mr.
36 Griffiths stated they are required to mitigate water within the property. Mr. Griffiths stated
37 as the plan comes forward, the developer will bring drainage and stormwater plans to the
38 City and it will be reviewed by City staff and other agencies.
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40 Chairperson Koehler asked Mr. Griffiths what the standard rear setback of a house in this
41 area is. Mr. Griffiths replied it is 30-35 feet from the property line. Chairperson Koehler
42 asked if any of the lots are non -conforming. Mr. Griffiths replied none of them are non -
43 conforming. Chairperson Koehler stated he is looking at two houses on Avocet that will be
44 adjacent to the development and asked what the setback would be. Mr. Griffiths replied the
45 setback will be 30-35 feet for the rear setback and 10 feet for the side yard setback.
Regular Andover Planning and Zoning Commission Meeting
Minutes — February 9, 2021
Page 6
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2 Community Development Director Janish stated stormwater requirement drives the
3 removal of trees. He explained there will be tree removal to ensure effective infiltration
4 and stormwater ponding. Mr. Janish stated the requirements have become stricter, so the
5 new development has more requirements to follow.
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7 Commissioner Volkenant asked Mr. Griffiths to explain what is happening with the
8 existing home, shed, and how the driveway will change. Mr. Griffiths identified the
9 existing home and pole barn. He stated the pole barn will be removed as part of the
10 development. Mr. Griffiths said the existing driveway will be removed and replaced with
11 a new driveway similar to the surrounding lots.
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13 Commissioner Volkenant asked Mr. Griffiths to explain how the existing homes on the
14 south end will be impacted by the creation of the cul-de-sac and new homes. Mr. Griffiths
15 replied the developer will demolish the south cul-de-sac, extend the street, and create a new
16 cul-de-sac. He stated the adjacent homes will acquire the land from the cul-de-sac and it
17 will be sodded to look like front yard.
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19 Chairperson Koehler urged Mr. Theis to take the comments given at the meeting into
20 consideration and return with a plan that responds to the concerns.
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22 Mr. Griffiths announced the sketch plan will be presented to Council on Tuesday, February
23 16.
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25 PUBLICHEARING: COMPREHENSIVEPLANAMENDMENT—PID#24-32-24-43-
26 OOOI — CITY OFANDOVER (APPLICANT)
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28 Community Development Director Janish stated the Commission is asked to review a
29 Comprehensive Plan Amendment for an unaddressed 1.9 -acre parcel to change the future
30 land designation from Rural Residential to Transitional Residential and to move the MUSA
31 (Metropolitan Urban Service Area) boundary line from the west border to the east border
32 of the property. He stated the parcel cannot meet the standards for current land use
33 guidance.
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35 Mr. Janish stated the Commission is asked to hold a public hearing and provide a
36 recommendation to the City Council. He stated the item will go to the City Council on
37 February 16, 2021 and then to the Met Council.
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39 Commissioner Hudson asked if this was purely a housekeeping issue that needs to be done
40 regardless of what development occurs. Mr. Janish replied that is how staff is looking at
41 this, that it makes sense to add it to MUSA.
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43 Motion by Godfrey, seconded by Volkenant, to open the public hearing at 8:09 p.m.
44 Motion was taken by roll call:
45 Godfrey - aye
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Regular Andover Planning and Zoning Commission Meeting
Minutes —February 9, 2021
Page 7
Hudson - aye
Koehler - aye
Elias — aye
Loehlein - aye
Volkenant — aye
Motion carries unanimously.
No one appeared before the Commission.
Motion by Hudson, seconded by Elias, to close the public hearing at 8:10 p.m.
Motion was taken by roll call:
Godfrey - aye
Hudson - aye
Koehler - aye
Elias — aye
Loehlein - aye
Volkenant — aye
Motion carries unanimously.
Commissioner Elias asked if this change creates any financial problems for the current
landowner. Mr. Janish replied it is not expected to create any financial impacts on the
existing landowner.
Motion by Volkenant, seconded by Godfrey, to recommend approval of a Resolution
amending the Comprehensive Land Use Plan of the City of Andover to include the
following: move the MUSA boundary to include the parcel and change the land use
designation from RR -Rural Residential to TR -Transitional Residential for the following
parcel: PID#24-32-24-43-0001.
Motion was taken by roll call:
Godfrey - aye
Hudson - aye
Koehler - aye
Elias — aye
Loehlein - aye
Volkenant — aye
Motion carries unanimously.
PUBLIC HEARING: COMPREHENSIVE PLAN TEXT AMENDMENT — CITY OF
ANDOVER (APPLICANT)
Associate Planner Griffiths stated the Commission is asked to hold a public hearing on a
Comprehensive Plan Text Amendment. Mr. Griffiths explained the background of the
Comprehensive Plan and the density goal of 3 units per acre. Mr. Griffiths stated
developers have experienced difficulties meeting the City's minimum of 2.4 units per acre
due to no fault of their own. He stated the reasons include wetlands, floodplain, sewer
Regular Andover Planning and Zoning Commission Meeting
Minutes — February 9, 2021
Page 8
1 capacity issues, etc. This means the development cannot occur as the Comp Plan is
2 currently written and will require a Comprehensive Plan Amendment.
4 Mr. Griffiths stated staff is recommending the solution be written in the Comprehensive
5 Plan giving the City Council a tool by which to approve development of certain properties
6 below 2.4 units per acre provided that certain criteria are met, and the City continues to
7 meet the density and affordable housing goals as required by the Met Council. Mr. Griffiths
8 explained the property must be guided Transitional Residential or Urban Residential Low,
9 must be at least 1.75 units per acre, meet at least three qualifying criteria, have the density
10 reallocated to another property within MUSA, and report to the Met Council through the
11 Plat -Monitoring Program.
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13 Mr. Griffiths noted staff has explored other solutions with the Met Council and feels this
14 is the best option. Mr. Griffiths stated the City did not receive any comments from the
15 public.
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17 Commissioner Godfrey stated four of the five criteria are objective fact and the fifth one
18 appears to be a judgment call. She asked who makes that judgment and on what basis. Mr.
19 Griffiths replied the City Council will make the determination on a case-by-case basis.
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21 Commissioner Godfrey stated this is a creative and practical way of resolving the issue.
22 She asked if there are any other communities that have used this approach. Mr. Griffiths
23 replied there are none. Commissioner Godfrey asked how the discussions are going. Mr.
24 Griffiths stated the Met Council is hesitant, but staff believes it meets the Met Council's
25 goals.
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27 Commissioner Volkenant asked what if the Met Council rejects the City's proposal and
28 how does it affect development. Mr. Griffiths replied if the Met Council rejected the City's
29 proposal, the City would have to go through the Comp Plan Amendment with each
30 development that does not meet the Comp Plan guidance. In addition, the City would have
31 to come up with a new land use defining developments 1.75-2.4 units per acre and then
32 reassign the density to another part of the City.
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34 Commissioner Volkenant asked for an example of what would qualify for Criteria E and
35 stated if someone wanted to build an apartment building in a residential cul-de-sac would
36 it trigger Criteria E. Community Development Director Janish confirmed that is what the
37 City is looking at. He stated the goal is to blend neighborhoods without stark differences.
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39 Commissioner Loehlein asked staff to identify what areas of the City it impacts. Mr.
40 Griffiths stated the main areas included are the small infill type developments and circled
41 three areas within the City that may be impacted. Mr. Janish stated he believes staff has a
42 good plan. He explained they have a way to report it, track it, and it's meeting the
43 intentions.
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Regular Andover Planning and Zoning Commission Meeting
Minutes — February 9, 2021
Page 9
1 Commissioner Hudson asked how moving density from one person's property to another
2 person's property impacts the receiving property owners. Mr. Griffiths replied the transfer
3 would be applied to a larger parcel that already has a plan to meet a higher density
4 requirement. He explained it will be a minimal transfer, such as 3-4 units. Mr. Janish
5 stated any development that came over the 2.4 units per acre would create a housing bank
6 which can be used to make up for future development that is below the minimum.
8 Commissioner Elias asked how likely it will be to prove this process works and if any other
9 cities have tried it. Mr. Janish stated no other cities have tried it. He stated the Met Council
to is aware that the City is proposing this.
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12 Mr. Griffiths stated this process will be used sparingly.
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14 Chairperson Koehler asked why the Commission does not have the Amendment language
15 to review. Mr. Griffiths stated it is in the packet in the staff report. Chairperson Koehler
16 asked if there was a Resolution. Mr. Griffiths stated a Resolution has not been prepared
17 due to ongoing conversations with the Met Council. He explained the Resolution will go
18 before Council at their next meeting with the feedback from the Planning Commission.
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20 Motion by Godfrey, seconded by Volkenant to open the public hearing at 8:35 p.m.
21 Motion was taken by roll call:
22 Godfrey - aye
23 Hudson - aye
24 Koehler - aye
25 Elias — aye
26 Loehlein - aye
27 Volkenant — aye
28 Motion carries unanimously.
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30 No one appeared before the Commission.
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32 Motion by Hudson, seconded by Elias, to close the public hearing at 8:35 p.m.
33 Motion was taken by roll call:
34 Godfrey - aye
35 Hudson - aye
36 Koehler - aye
37 Elias — aye
38 Loehlein - aye
39 Volkenant — aye
40 Motion carries unanimously.
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42 Commissioner Godfrey commended staff for developing a practical procedural tool with
43 guiding standards of application that allows the City to provide consistent adjustments to
44 the Comprehensive Plan. She stated it is a breakthrough and can see it being a model for
45 other cities.
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Regular Andover Planning and Zoning Commission Meeting
Minutes —February 9, 2021
Page 10
Chairperson Koehler asked if the process can be used by a developer to shrink the density
knowing it can be transferred somewhere else. Mr. Janish stated the City Council has the
final decision-making power. Mr. Janish stated the City wants to meet the requirements
and a developer would have to demonstrate why they cannot meet minimum density. He
explained a developer can request to be lower, but staff will ask why, and Council will
deem if it is applicable.
Commissioner Loehlein asked why a developer would want less density. Chairperson
Koehler stated he is concerned there is a side effect. He explained a developer could come
in and play with the numbers knowing it would become someone else's problem.
Commissioner Hudson stated the City normally encounters the opposite, where developers
want more units, and the City prefers fewer.
Mr. Griffiths replied the review by City Council should mitigate that issue along with the
City's sewer capacity analysis. He stated staff will red flag issues that come forward.
Chairperson Koehler stated there are safeguards in place, however, the possibility is there.
He said you only have to meet two objective and one subjective criteria.
Motion by Loehlein, seconded by Hudson, to recommend approval of the Comprehensive
Plan Text Amendment.
Motion was taken by roll call:
Godfrey - aye
Hudson - aye
Koehler - nay
Elias — aye
Loehlein - aye
Volkenant — nay
Motion carries 4 ayes, 2 nays (Koehler and Volkenant).
OTHER BUSINESS
Mr. Griffiths stated there will be a Commission meeting and workshop on Tuesday,
February 23, 2021. He updated the Commission on Council actions since the
Commission's last meeting.
Mr. Griffiths stated Council Chambers will be upgraded to have better use of Zoom and
video.
ADJOURNMENT
Motion by Hudson, seconded by Elias, to adjourn the meeting at 8:43 p.m. Motion was
taken by roll call:
Regular Andover Planning and Zoning Commission Meeting
Minutes — February 9, 2021
Page 11
1 Godfrey - aye
2 Hudson - aye
3 Koehler - aye
4 Elias — aye
5 Loehlein - aye
6 Volkenant — aye
7 Motion carries unanimously.
9 Respectfully Submitted,
10
11 Shari Kunza, Recording Secretary
12 TimeSaver Off Site Secretarial, Inc.
C I T Y 0 Fk*,
1ADOVE
1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100
FAX (763) 755-8923 • WWW.ANDOVERMN.GOV
TO: Planning and Zoning Commissioners
COPY: Joe Janish, Community Development Director`
FROM: Peter Hellegers, City Planner
SUBJECT: PUBLIC HEARING: Lot Split — 2225 167`1i Avenue Northwest — Clint
and Danica Schiefelbein
DATE: February 23, 2021
INTRODUCTION
The property owners propose to split the 19.56 -acre parcel to create two (2) conforming
rural lots.
BACKGROUND
A building permit for the house on the property was issued in 1986 and is on private well
and septic service. In 2013, a building permit was issued for the 5,200 square foot pole
barn. The applicants purchased the property in 2019 on Contract for Deed and the
Warranty Deed for the property was recorded in their names in June of 2020.
The property is generally located: south of 1691h Lane NW, west of Hanson Boulevard
NW, north of 167th Avenue NW, and east of Verdin Street NW.
DISCUSSION
The applicants are proposing to split the nearly 20 -acre property to create a second home
site. The property is approximately 650 feet wide by 1,300 feet deep but much of the
westerly and northerly portion of the property is drainage area or wetland. The proposed
lot split would break the existing home site off from the pole barn and the rest of the
property.
The pole barn (accessory building) cannot be left on the lot on its own without a principal
structure on the lot. However, the City has in the past allowed an accessory structure to
remain on a lot for up to one year with a Land Use Agreement when there are plans to
build a principal structure on that lot within one year.
The proposed lot split meets the R-1 Single Family - Rural requirements and is in
compliance with the Comprehensive Plan and meets the minimum lot requirements for
the district.
Comparison
City Code Minimum Parcel A
Parcel B
Lot Area
2.5 acres 17.06 acres
108, 900 s 743,134 s
2.5 acres
108, 900 s
Lot Width at ROW
50 ft 297 ft
351 ft
Lot Width at Setback
300 ft 313 ft
334 ft
Lot Depth
150 ft 1300 ft
360 ft
Site Suitability
A geotechnical/soils report, soil borings, and septic report were submitted with the
application. The Engineering Department reviewed the report and determined that the
new lot is buildable. The existing survey shows two (2) septic drain fields that are only
which comply with City Code requirements.
Land Use Agreement
The property owners are proposing to allow the existing pole building to remain on the
newly created Parcel A. This is an option through an Assessment Agreement (Land Use
Agreement) that must be executed and filed with Anoka County at the time the lot split is
recorded. With the assistance of the City Attorney, staff will draft the Agreement. The
Agreement will allow the pole building to remain on the property without a principal
structure for one (1) year following the execution of the Agreement. If a principal
structure is not constructed within one (1) year, the City may tear down the structure and
assess the costs to the property.
Park Dedication and Trail Fees
One new lot is created by the lot split process. A park dedication fee and a trail fee will
be required to be paid for at the time of the recording of the lot split. The park and trail
fees will be based on the 2021 fee schedule: Park Dedication Fee $4,400.00 and Trail
Fee $900.00
ACTION REQUESTED
The Planning Commission is asked to hold a public hearing and provide a recommendation
of approval to the City Council regarding the lot split request.
Respecfsu
1 b i d,
Peter H e s, i e
Attachments
Resolution for Lot Split
Assessment Agreement
Location Map
Aerial photograph of the site
Survey
Cc: Clint and Danica Schiefelbein, 2225 1671h Avenue NW, Andover, MN 55304
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
I7ol=1411
A RESOLUTION APPROVING A LOT SPLIT REQUEST TO SUBDIVIDE INTO
TWO PARCELS IN THE R-1 SINGLE FAMILY RURAL DISTRICT FOR THE
PROPERTY LOCATED AT 2225 167TH AVENUE NORTHWEST, PIN 10-32-24-32-
0007, LEGALLY DESCRIBED AS:
PARCEL l:
The East Half of the Southeast Quarter of the Northwest Quarter of the Southwest
Quarter of Section 10, Township 32, Range 24, Anoka County, Minnesota.
PARCEL 2:
The Northeast Quarter of the Northwest Quarter of the Southwest Quarter and the
West Half of the Southeast Quarter of the Northwest Quarter of the Southwest
Quarter, Section 10, Township 32, Range 24, Anoka County, Minnesota.
WHEREAS, the property, described above, is currently one tax parcel, and the property
owners have requested approval of a lot split to subdivide property, and;
WHEREAS, the lot split creates two (2) conforming rural lots that are in compliance with
City Code regulations and the Andover Comprehensive Plan, and;
WHEREAS, the Planning and Zoning Commission finds the request would not have a
detrimental effect upon the health, safety, morals and general welfare of the City of
Andover, and;
WHEREAS, a public hearing was held pursuant to state statutes, and;
WHEREAS, the Planning and Zoning Commission recommends to the City Council
approve the lot split, as shown on Exhibit A.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover
hereby agrees with the recommendation of the Planning and Zoning Commission and
approves the lot split on said property with the following conditions:
1. The applicant shall be required to pay a park dedication fee for the new lot in the
amount of $4,400 and a trail fee in the amount of $900 prior to the recording of
the lot split with Anoka County.
2. A grading and erosion control plan must be submitted to the City at the time of
building permit submittal.
3. All required permits must be obtained from the Lower Rum River Watershed
Management Organization and the Anoka County Transportation Department
prior to the issuance of a building permit.
4. An Assessment Agreement is required to maintain the existing accessory building
(pole building) without a principal structure on the newly created Parcel A. The
Agreement must be executed and filed with Anoka County. Failure to execute an
Agreement will require the removal of the existing accessory building (pole
building).
5. The lot split is subject to a sunset clause as defined in Ordinance No. 40, Section
III(E).
Adopted by the City Council of the City of Andover on this nd day of 2021.
ATTEST:
Michelle Hartner, Deputy City Clerk
CITY OF ANDOVER:
Sheri Bukkila, Mayor
EXHIBIT A
EXISTING PROPERTY DESCRIPTION (per Document No. 2266949.005)
PARCEL 1:
The East Half of the Southeast Quarter of the Northwest Quarter of the Southwest
Quarter of Section 10, Township 32, Range 24, Anoka County, Minnesota.
PARCEL 2:
The Northeast Quarter of the Northwest Quarter of the Southwest Quarter and the West
Half of the Southeast Quarter of the Northwest Quarter of the Southwest Quarter, Section
10, Township 32, Range 24, Anoka County, Minnesota.
PROPOSED PARCEL A PROPERTY DESCRIPTION
That part of the East Half of the Northwest Quarter of the Southwest Quarter of Section
10, Township 32 North, Range 24 West, Anoka County, Minnesota, which lies westerly,
northerly, and northwesterly of the following described "Line A". "Line A" is described
as commencing at the southeast corner of said Northwest Quarter of the Southwest
Quarter; thence on an assumed bearing of North 88 degrees 42 minutes 58 seconds West
along the south line of said Northwest Quarter of the Southwest Quarter, a distance of
354.79 feet to the point of beginning of the line being described; thence North 13 degrees
09 minutes 44 seconds East, a distance of 360.80 feet; thence South 83 degrees 03
minutes 08 seconds East a distance of 202.89 feet; thence North 48 degrees 16 minutes
26 seconds East, a distance of 91.63 feet to the east line of said Northwest Quarter of the
Southwest Quarter and said "Line A" there terminating.
PROPOSED PARCEL B PROPERTY DESCRIPTION
That part of the East Half of the Northwest Quarter of the Southwest Quarter of Section
10, Township 32 North, Range 24 West, Anoka County, Minnesota, which lies easterly,
southerly, and southeasterly of the following described "Line A". "Line A" is described
as commencing at the southeast corner of said Northwest Quarter of the Southwest
Quarter; thence on an assumed bearing of North 88 degrees 42 minutes 58 seconds West
along the south line of said Northwest Quarter of the Southwest Quarter, a distance of
354.79 feet to the point of beginning of the line being described; thence North 13 degrees
09 minutes 44 seconds East, a distance of 360.80 feet; thence South 83 degrees 03
minutes 08 seconds East a distance of 202.89 feet; thence North 48 degrees 16 minutes
26 seconds East, a distance of 91.63 feet to the east line of said Northwest Quarter of the
Southwest Quarter and said "Line A" there terminating.
LAND USE AGREEMENT
This Land Use Agreement ("Agreement") is made by and between the City of
Andover, a municipal corporation, 1685 Crosstown Boulevard NW, Andover, Minnesota
55304 ("City"), and Clint Schiefelbein and Danica Schiefelbein, husband and wife, 2225
167'h Avenue NW, Andover, Minnesota 55304, ("Owner"), and is effective as of the date
last signed by a parry to this Agreement.
The Owner is the fee owner of certain real property located at 2225 167th Avenue
NW, Andover, Minnesota 55304 and legally described as:
PARCEL 1: The East Half of the Southeast Quarter of the Northwest Quarter
of the Southwest Quarter of Section 10, Township 32, Range 24, Anoka
County, Minnesota.
PARCEL 2: The Northeast Quarter of the Northwest Quarter of the Southwest
Quarter and the West Half of the Southeast Quarter of the Northwest Quarter
of the Southwest Quarter, Section 10, Township 32, Range 24, Anoka County,
Minnesota.
and is further described by Property Identification Tax Parcel Number [PID]
10-32-24-32-0007 ("Property").
The Owner has requested that a subdivision of the Property (lot split) be allowed by the
City of Andover subject to this Agreement, which, if allowed and agreed to, would further
affect and restrict the Property and any divisions or subdivisions thereof.
WHEREAS, the lot split would create a new lot with an existing accessory
structure located on it without a principal structure; and
WHEREAS, the owner requests that the accessory structure be allowed to remain
on the vacant lot without a principal structure for the duration of no more than one (1) year;
and
WHEREAS, pursuant to the Andover City Code, an accessory structure is not
permitted on a residential lot without a principal structure unless a Conditional Use Permit
is granted; and
WHEREAS, in such event, and pursuant to the Andover City Code, the City would
have the right to initiate immediate abatement proceedings against any such property to
have the accessory structure removed; and
WHEREAS, notwithstanding the foregoing, and if the Owner's Property
subdivision request is approved, the City and the Owner agree that the Owner shall have
one (1) year from the date of this Agreement to accomplish one of the following:
1. The owner shall have removed the accessory structure;
2. The owner shall make application and be granted a Conditional Use
Permit to allow the accessory structure to remain; or
3. The Owner shall have applied for a building permit to build the
principal structure.
WHEREAS, the Owner acknowledges that in addition to the City's right to initiate
criminal proceedings if the Owner fails to accomplish one of the options listed above, the
City further has the right to initiate abatement proceedings against the Property to abate the
accessory structure; and
WHEREAS, as a condition of the City agreeing to allow the requested lot split, the
City and Owner have agreed to enter into this Agreement to assure the Property will be
brought into compliance with the Andover City Code.
NOW, THEREFORE it is hereby agreed as follows:
1. If the Owner fails to accomplish one of the options listed above within the
specified time frame, the City shall immediately have full and unrestricted access to the
Property for the purpose of removing the accessory structure.
2. Notwithstanding any law to the contrary, Owner agrees that upon
completion of the removal of the accessory structure contemplated in this Agreement by
the City, the total of all such construction costs and expenses incurred by the City shall be
considered unpaid special charges which shall be immediately certified to the County
Auditor pursuant to Minn. Stat. §429.061, Subd. 3 for collection of real estate taxes due on
the Property in the year 2023.
3. Owner hereby agrees to pay in full all assessments attributable to the
improvements contemplated in this Agreement and performed by the City, and further does
hereby expressly waive any and all rights to object, dispute, contest, or appeal said
assessments against the Property attributable to the cost of said improvements and does
hereby waive any and all statutory or constitutional rights to object or appeal from any such
assessments.
4. The parties hereto represent, warrant and agree that each has been
represented by their own counsel, or has had the right to be so represented but declined any
such representation; that they have thoroughly read and understand the terms of this
Agreement; that they have conferred with their respective attorneys on any questions in
regard to this Agreement, or had the right to confer with an attorney but have declined to
do so; and have voluntarily entered into this Agreement.
5. The parties hereto acknowledge and agree that this Agreement represents
the full and complete agreement of the parties and that this Agreement supersedes and
replaces any prior agreements relating to the subject matter addressed herein, whether oral
or written, and any amendments or modifications of this Agreement must be in writing and
executed by all parties to be effective. The parties represent and warrant that there are no
covenants, promises, undertakings or understandings between the parties outside of this
Agreement except as specifically set forth herein.
6. This Agreement shall not be construed more strictly against one party than
against any other party by virtue of the fact that the Agreement may have been drafted or
prepared by counsel for one of the parties, it being recognized that all parties to this
Agreement have contributed substantially and materially to the negotiations and/or
preparation of this Agreement.
7. This Agreement shall be construed, interpreted and enforced in accordance
with the laws of the State of Minnesota, irrespective of the domicile of the parties or other
conflict of law provisions.
8. The parties agree that the scope and terms of this Agreement are reasonable
and that it is the parties' intent and desire that this Agreement be enforced to the fullest
extent permissible under the laws and public policies applied in the jurisdiction in which
enforcement is sought. If any particular provision of this Agreement shall be adjudicated
to be invalid or unenforceable, the remaining provisions hereof shall remain in full force
and effect.
9. All notices required hereunder shall be given by depositing in the U.S. mail,
postage prepaid, certified mail, return receipt requested, to the addresses set forth in the
first paragraph of this Agreement (or such other addresses as either party may notify the
other).
CITY OF ANDOVER
Dated: 2021 By:
Jim Dickinson, City Administrator
STATE OF MINNESOTA )
) ss.
COUNTY OF ANOKA )
The foregoing instrument was acknowledged before me this day of
, 2021, by Jim Dickinson, City Administrator for the City of Andover, a
municipal corporation, on behalf of the municipal corporation.
(SEAL)
Notary Public
OWNER
Dated: 2021
Clint Schiefelbein
Dated: .2021
Danica Schiefelbein
STATE OF MINNESOTA )
ss.
COUNTY OF ANOKA )
The foregoing instrument was acknowledged before me this day of
, 2021, by Clint Schiefelbein and Danica Schiefelbein, husband and wife
and fee owners of certain real property located at 2225 167`h Avenue NW, Andover,
Minnesota 55304.
(SEAL)
Notary Public
As1 N V.R Lot Split — 2225 167"' Ave NW
Date Created: February 18, 2021 t
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�'Ub%`I?R 2225167 Ave NW — (Aerial)
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PROPOSED LOT SPLIT ~foor- CLINT AD DANICA
f- 2225167th Avenue N WHIEFELBEIN
NOTES
Fleld survey wee NM~ by E.G. RW and Said, Im on MVISVW.
atl,in9s shown are on Abuse Carty slogan.
Parcel 10 Number: 10 -32.24n -MV.
heal Parcel Arts: 19.56 Adm.
Pmany N 2oa6: angle Family RUM moderated (R -N
Pan mum Int Area: 230 bed or 100,900 s0. R
MMlmum IM WARM: 300 Peet
Minimum ON OepM: 1w Fee,
WII®n9 SMbeek Arc: a0 Feet Front Yard
10 Fest Me yam
N FM Poor Yang
Co.IN, thon. fmn M„Geo Lefora,sl sualereme6 by flak Imes.
Seaana High WateTANe detem,Med by NIo Enginemm,. S. report detect
Oe"mber 6. 2020.
100 Yar High Water level determined by Mews Ep6mMrp See mart dated
Nov 0012,2020.
GeoteMMal Report was prea:ed by pb En9l:erdim. S. repwl noted Nrande er ll,
2020.
Desloge and Wi ty Ummd dmolpaom to be pmvlded upon dW rtWes.
ThIs Bovey was prepared without Me be"Mt of title work AddlNona emanAmb,
rmMNmc and/or enwmGa:lae may �other Man dome
shown horn. Survey
suNe t m ,evYMn mon rtMlat da anent to. cmmlhrent Or An Nnni Me
Mulan.
PARCEL A 191MLE AREA
TOTAL PARCEL AREA:...............................34;255.5 SQ.Fr.
NS ARRA M WILOIRG EEE = AND BELOW 82.2 ELAWTION
(IN YEAR-100AY MOWMMT � aW.T MSL)
333.920E SD.Fr.
TOTAL BODDANE AREA. ...... ................. ..38,8353 GQ.FT.
PARCEL B RBBBABIE UFA
TOTAL PARCEL AREA: ........................... . .. 109,0111.6 6Q.Fr.
LESS AREA IN BUDDING SE MM AND OELOW 82.2 EFATION
(100 YEAR -30 MY SNOWTeLT � 892.3 MSL)
a2Aa8.6 ED Fr
TOTAL WILDMIE AREA......................_.......61.83.0 SQ.FT.
PROPOSED HOUSE
ELEVATIONS
(12000RSE ".00( WNL- WALKOUT el4MENl)
TDP OF BLOCK M.4
GARME FLOOk 902.1
LOWEST PLOGI� 1194:7
TOP OF FOo11NG9N.4
GRAPHIC SCALE
m »
E rtgca = w FdaT
VICINITY MAP
PART OF SEC. a TWP. 32, 2FG 24
AND" COUNTY. NMCSOTA
ONO SCALD
Andover, Minnesota 55304
EIOSTINO PROPERTY DESCRIPTION (per Document No. 2266949.005)
PARCEL 1:
The East Half of the Southeast Quarter a the Northwest Quarter of the SOuMwest Quarter of Secddn 10, Townshlp 32, Range 24,
Anoka County, Minnesota.
PARCEL 2:
The Northeast Quarter of the Northwest Quarter of the Southwest Quarter and the West Half of the Southeast Quarter of the
Northwest Quarter of the SNMwest Quarter, Section 10, Township 32, Range 24, Anoka County, Mlnneeots.
r fib iii wri 1l a sons. INC.
Professional Land Surveyors
wwWearud.Nm 6776 Lake Drive NE Suite 110
Lino Lakes, MN 55614
Tel. (651) 361.6200 Fax (651) 361.6701
•••_ •...—" me awl- M SK 10, T.32, R.24.
PROPOSED PARCEL A PROPERTY DESCRIPTION
h
XWynFMa na3I, A.
mmuA Tax, au
Tine Net Of Me Fast Half of the Northwest Quarter of Me mutramet owner d Section 10, Tewnshlg 32 North,
Range 24 Wert, MOM CcunN. Minn.., whkh Ra w l,, northerly, and northwesterly Of Me falaMng
rewlbed'Une A'.'Unt A' Is described as mmmmdng M the southeast comer d old Northam, Quarter or Me
Swthwest QwMr; thmm on an assumed bosons of NOM 8 degrees 42 minutes 50 Banda bleat along the
sats One a mid Nathwea Quarter M the SouNweat Quarter, a dlYanm of 354.29 lets W Me Panto( bglonln9
of Me line being demma d; Meme North 13 degrees 09 minutes 44 favnds Ems, a dlsts.Of 360.8 ha;
Mesa South 8 degree 03 minutes 8 M 8 —no. Kua distance 202.ford; Mma North 48 degrees 16
.In. 26 acmM Emb, a der and of 91.63 ha W t Me see line a aid Northwest Quarter of Ne SauNwest
Quarts and sMd'Une A' Mere temnlredng.
PROPOSED PARCEL R PROPERTY DESCRIPTION
Thor part of Me East Half of Me NwMwed Quarter ofMe Southward Quarter of Seton 10, TownMlp 32 North,
Range 24 Wert, Anoka County, Min reach, y,Hch Was embory, southeM, anal smMeaateMy, of the IdKKWng
dmWbM'Une A'. 'Una A' 6 GmafbM as wmmendng at Me southeast Omerd old NOrtMrcst Quarter of the
SouMwet Quarte Mensa m an assumed bearing a North 88 dsormr 42 minutes se merom yNR along Me
south line of old NoNw,essQuarterQter d Me Southwest Quarter, a dttenre d 35x.39 kst m Me dint d tegMMy
aMe line bang dmcN Men" North 13 degrees 8 minutes M records EM, a dldante d60.
38 Fort;
Men. South 83 degrees 03 minutes 08 Records Eart a da m of 202,09 kit; Maus North 48 degrees 16
Minutes 261emnds EBR, A dktena a 96.63 feat to Me art line a min NortMast Quarter &Me SeW:wmt
Quarter and mid U e W them terminating.
I hereby o :"', Mor Mla away, p6 n
mport was poured by me or uMer
reirdared supervision end that am a
ashy Redsterm land Surveyor under
Me laws of Me Some of Minn...
ASON .RUO
Dak: September u. 2020 UCense No. 41578
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GRAPHIC SCALE
m »
E rtgca = w FdaT
VICINITY MAP
PART OF SEC. a TWP. 32, 2FG 24
AND" COUNTY. NMCSOTA
ONO SCALD
Andover, Minnesota 55304
EIOSTINO PROPERTY DESCRIPTION (per Document No. 2266949.005)
PARCEL 1:
The East Half of the Southeast Quarter a the Northwest Quarter of the SOuMwest Quarter of Secddn 10, Townshlp 32, Range 24,
Anoka County, Minnesota.
PARCEL 2:
The Northeast Quarter of the Northwest Quarter of the Southwest Quarter and the West Half of the Southeast Quarter of the
Northwest Quarter of the SNMwest Quarter, Section 10, Township 32, Range 24, Anoka County, Mlnneeots.
r fib iii wri 1l a sons. INC.
Professional Land Surveyors
wwWearud.Nm 6776 Lake Drive NE Suite 110
Lino Lakes, MN 55614
Tel. (651) 361.6200 Fax (651) 361.6701
•••_ •...—" me awl- M SK 10, T.32, R.24.
PROPOSED PARCEL A PROPERTY DESCRIPTION
h
XWynFMa na3I, A.
mmuA Tax, au
Tine Net Of Me Fast Half of the Northwest Quarter of Me mutramet owner d Section 10, Tewnshlg 32 North,
Range 24 Wert, MOM CcunN. Minn.., whkh Ra w l,, northerly, and northwesterly Of Me falaMng
rewlbed'Une A'.'Unt A' Is described as mmmmdng M the southeast comer d old Northam, Quarter or Me
Swthwest QwMr; thmm on an assumed bosons of NOM 8 degrees 42 minutes 50 Banda bleat along the
sats One a mid Nathwea Quarter M the SouNweat Quarter, a dlYanm of 354.29 lets W Me Panto( bglonln9
of Me line being demma d; Meme North 13 degrees 09 minutes 44 favnds Ems, a dlsts.Of 360.8 ha;
Mesa South 8 degree 03 minutes 8 M 8 —no. Kua distance 202.ford; Mma North 48 degrees 16
.In. 26 acmM Emb, a der and of 91.63 ha W t Me see line a aid Northwest Quarter of Ne SauNwest
Quarts and sMd'Une A' Mere temnlredng.
PROPOSED PARCEL R PROPERTY DESCRIPTION
Thor part of Me East Half of Me NwMwed Quarter ofMe Southward Quarter of Seton 10, TownMlp 32 North,
Range 24 Wert, Anoka County, Min reach, y,Hch Was embory, southeM, anal smMeaateMy, of the IdKKWng
dmWbM'Une A'. 'Una A' 6 GmafbM as wmmendng at Me southeast Omerd old NOrtMrcst Quarter of the
SouMwet Quarte Mensa m an assumed bearing a North 88 dsormr 42 minutes se merom yNR along Me
south line of old NoNw,essQuarterQter d Me Southwest Quarter, a dttenre d 35x.39 kst m Me dint d tegMMy
aMe line bang dmcN Men" North 13 degrees 8 minutes M records EM, a dldante d60.
38 Fort;
Men. South 83 degrees 03 minutes 08 Records Eart a da m of 202,09 kit; Maus North 48 degrees 16
Minutes 261emnds EBR, A dktena a 96.63 feat to Me art line a min NortMast Quarter &Me SeW:wmt
Quarter and mid U e W them terminating.
I hereby o :"', Mor Mla away, p6 n
mport was poured by me or uMer
reirdared supervision end that am a
ashy Redsterm land Surveyor under
Me laws of Me Some of Minn...
ASON .RUO
Dak: September u. 2020 UCense No. 41578