HomeMy WebLinkAbout03-09-21AN66W -----A
1685 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
March 9, 2021
Andover City Hall
Council Chambers
7:00 a.m.
1. Call to Order
2. Pledge of Allegiance
3. Approval of Minutes—2/23/21 Workshop and 2/23/21 Regular meeting
4. Public Hearing — Conditional Use Permit — Accessory Dwelling Unit — 4815 159th Ave
NW — Margaret Kliber (Applicant)
5. Public Hearing — Comprehensive Plan Amendment — Future Land Use Map — Capstone
Homes (Applicant)
6. Public Hearing — City Code Amendment — City Code Title 12, Chapter 12 — City of
Andover (Applicant)
7. Other Business
8. Adjournment
Please note:
Some or all members of the Andover Planning & Zoning Commission may participate in the March 9, 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.
C I T Y O F
NDOVE
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 23, 2021 Work Session and February 23, 2021
Regular Meeting minutes
DATE: March 9, 2021
REQUEST
The Planning and Zoning Commission is requested to approve the February 23, 2021 Work
Session and February 23, 2021 Regular meeting minutes.
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PLANNING AND ZONING COMMISSION WORKSHOP MEETING
FEBRUARY23, 2021
The Workshop Meeting of the Andover Planning and Zoning Commission was called to
order by Chairperson Bert Koehler IV on February 23, 2021, 6:00 p.m., at the Andover
City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota.
Commissioners present: Karen Godfrey, Mary VanderLaan, Scott Hudson, Nick
Loehlein (remote), and Wes Volkenant
Commissioners absent: Marni Elias
Also present: City Planner Peter Hellegers
Associate Planner Jake Griffiths
Others
PLANNING AND ZONING COMMISSION PROCESS AND PROCEDURES
City Planner Hellegers stated tonight the Planning and Zoning Commission will be
reviewing the Planning Commission Process and Procedures. The Planning and Zoning
Commission makes recommendations to the City Council. Mr. Hellegers asked
Commissioners to let staff know when they will miss a meeting so staff can ensure a
quorum will be present.
Mr. Hellegers stated the Commission is making recommendations to establish law or apply
law. Mr. Hellegers referred to the Pyramid of Discretion and stated the City has the most
discretion when they are creating law (for example comprehensive planning, developing
City Code, zoning amendments, and rezoning). There is some discretion when they are
acting in a judicial capacity such as Conditional Use Permits and variances. The City has
the least discretion when acting in an administrative capacity such as when reviewing site
plans and issuing building permits.
Mr. Hellegers reviewed the definition of terms under the umbrellas of establishing law and
applying law. The City establishes law through the Comprehensive Plan, Comprehensive
Plan Amendments, Zoning Ordinance, Zoning Amendments, and Rezoning. The City
applies laws through lot splits, sketch plans, ghost plats, Preliminary Plat, Conditional Use
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Andover Planning and Zoning Workshop Meeting
Minutes —February 23, 2021
Page 2
Permits (CUP), Interim Use Permits (IUP), variances, and Planned Unit Developments
(PUD).
Mr. Hellegers described the public hearing process and the open meeting law.
Commissioner VanderLaan stated that Commissioners will discuss things after the meeting
or in the parking lot. She asked for guidance on this relating to the open meeting law. Mr.
Hellegers replied the Commission needs to be cautious discussing items together outside
of the public meeting process. He stated chance or social gatherings are acceptable,
however, intentionally meeting to discuss items in small groups as a way of circumventing
the public process is prohibited.
Chairperson Koehler asked if anything prohibits the Commission from secret ballots. Mr.
Hellegers replied secret ballots are acceptable however when there is a member
participating remotely, it is not possible and the results of the ballot must be made public
immediately following the vote.
Commissioner Volkenant asked if voting by ballot requires a motion. Mr. Hellegers stated
open meeting laws do not prohibit it but there could be procedures set in place by the
Commission to require a motion.
Commissioner Volkenant asked if there is a difference between discussing official business
and discussing what occurred during the meeting. Mr. Hellegers stated if the
Commissioners aren't discussing content of the meeting the topic is acceptable. Mr.
Hellegers stated the term official business refers to items that come or came before the
Commission. Mr. Hellegers recommended that Commissioners bring questions or concerns
to staff and staff can present it to the Commission.
Commissioner Volkenant asked if it is acceptable for four Commissioners to attend a
Council meeting where the Council is discussing an item that came before the Commission.
Mr. Hellegers replied the Commission can attend the meeting as long as they are not
discussing Commission business while there.
Mr. Griffiths stated the open meeting law does not take away the Commissioners' rights to
attend public meetings. The intention of open meeting law is to make sure decisions and
discussions occur in the Council Chambers with the public able to attend instead of other
places.
Commissioner Hudson asked if the Commission already voted on something, is it
considered dead and not an item that comes before the Commission. Mr. Hellegers stated
it can be considered that, but there may be a follow up or additional situations may apply
so the Commission should still be cautious.
Chairperson Koehler explained Roberts Rule of Order says vote can be reversed at anytime
so items are not officially dead and once it goes to City Council, it can be returned to
Andover Planning and Zoning Workshop Meeting
Minutes — February 23, 2021
Page 3
1 Planning and Zoning. He recommended not discussing any official business that the
2 Commission has acted on until after the City Council makes their final decision.
4 Mr. Griffiths stated there are items that return to the Commission, such as sketch plans
5 coming back as Preliminary and Final Plats.
7 MEETING CADENCE
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9 Chairperson Koehler reviewed the meeting cadence with the Commission. He stated
to public hearings are intended to gather input from staff, the public, applicants, and
11 Commissioners prior to the Commission making a recommendation to the City Council.
12 He stressed the importance of gathering fact in lieu of opinions at meetings.
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14 Chairperson Koehler reviewed the meeting process item by item and the appropriate time
15 for Commissioners to ask questions of staff, the applicant, and the public. He stated the
16 time for Commission discussion and opinion is after the public meeting closes.
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18 Chairperson Koehler stated the Commission then approves or denies the item in front of
19 them and makes the recommendation to Council. The Commission is not to approve the
20 language in a Resolution. Chairperson Koehler stated the Commission's purpose is to
21 provide a recommendation and if the recommendation is denial, the Commission must
22 provide reasons for the denial.
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24 Commissioner Godfrey stated in addition to approval or denial, the Commission can also
25 table the item. She said it is not used often and may not be advisable, but it is an option.
26 Chairperson Koehler concurred that tabling is an option, and the item can be returned to
27 the dais at any time. He explained the Commission can also postpone an item.
28 Chairperson Koehler stated if the Commission decides to table or postpone, there needs
29 to be a good reason to do that since the Commission's purpose is to provide a
30 recommendation.
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32 Commissioner Godfrey stated the Commission can approve an item with encouragement
33 to include something additional for the Council to consider.
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35 Commissioner VanderLaan stated when making a motion the Commission tends to
36 shorten the motion stating, "motion to approve" or "motion to deny" and asked if
37 Chairperson Koehler preferred the short version or preferred the motion to be fully read.
38 Chairperson Koehler replied it can be short such as stating, "motion to approve/deny as
39 written" or "motion to approve/deny with changes".
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41 Commissioner Loehlein complemented Chairperson Koehler for providing the meeting
42 cadence. He asked for clarification if the Commission is recommending approval of the
43 item or approval of the resolution. Chairperson Koehler stated it depends as how the
44 Commission wants to present it to City Council as long as the recommendation is clear.
45 Mr. Griffiths replied the Commission can provide a simple recommendation if they
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Andover Planning and Zoning Workshop Meeting
Minutes —February 23, 2021
Page 4
desire. He stated historically, the Commission has requested copies of the resolution with
conditions.
Chairperson Koehler stated the discussion is as important as the recommendation. He
explained the City Council looks at the discussion that led to the recommendation and
uses it for their decision making.
Commissioner Godfrey stated she looks at the write-up from staff and what decision staff
is requesting of the Commission.
OTHER BUSINESS
No additional business was discussed.
ADJOURNMENT
Motion by Volkenant, seconded by VanderLaan, to adjourn the meeting at 6:45 p.m.
Motion was taken by roll call:
Godfrey - aye
Hudson - aye
Koehler - aye
VanderLaan - aye
Volkenant — aye
Loehlein — aye
Motion carries unanimously.
Respectfully Submitted,
Shan Kunza, Recording Secretary
TimeSaver Off Site Secretarial, Inc.
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PLANNING AND ZONING COMMISSION REGULAR MEETING
FEBRUARY23, 2021
The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was
called to order by Chairperson Bert Koehler IV on February 23, 2021, 7:00 p.m., at the
Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota.
Commissioners present: Karen Godfrey, Mary VanderLaan, Scott Hudson, Nick
Loehlein (remote), and Wes Volkenant
Commissioners absent: Marni Elias
Also present: City Planner Peter Hellegers
Associate Planner Jake Griffiths
Others
PLEDGE OFALLEGIANCE
APPROVAL OF MINUTES
February 9, 2021 Regular Meeting
Chairperson Koehler requested a change to page 3, line 11 — "The next steps are to
provide feedback..."
Motion by Hudson, seconded by Godfrey, to approve the February 9, 2021 Regular
Meeting minutes as amended. Motion was taken by roll call:
Godfrey - aye
Hudson - aye
Koehler - aye
VanderLaan - present
Volkenant — aye
Loehlein — aye
Elias — absent
Motion carries 5 ayes, 1 present (VanderLaan), 1 absent (Elias).
PUBLIC HEARING: LOT SPLIT — 2225 167 h AVE NW —CLINT AND DANICA
SHEIFELBEIN (APPLICANT)
Regular Andover Planning and Zoning Commission Meeting
Minutes —February 23, 2021
Page 2
1 City Planner Hellegers introduced the item and stated the Planning Commission is asked
2 to hold a public hearing and provide a recommendation of approval to the City Council
3 regarding a lot split at 2225 167" Avenue NW. He stated the property is roughly 20 acres
4 and the property owners would like to split a 2.5 acres piece at the southeast comer to
5 create a second home site. The proposed lot split would break the existing home site off
6 from the pole barn and the rest of the property. The pole barn cannot be left on the lot on
7 its own without a principal structure on the lot and the property owners would have a year
8 to build a principal structure.
1 o Commissioner Volkenant noted there are two driveway entrances and asked if the intent is
11 to have a driveway to the future home site off of 167`h. Mr. Hellegers stated Commissioner
12 Volkenant is correct and the driveway will be extended to service the new home and pole
13 barn.
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15 Chairperson Koehler noted one condition of the Resolution states the property owners can
16 apply for a Conditional Use Permit in lieu of tearing down the pole barn or building a
17 principal structure. Chairperson Koehler asked if the applicant could request an Interim
18 Use Permit to give them more time to build a house. Mr. Hellegers stated City Code
19 requires a Conditional Use Permit with a limitation built in but recommended the
20 Commission look at changing the Code to make it an Interim Use Permit.
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22 Commissioner VanderLaan stated the applicants have been assessed the Park Dedication
23 and Trail Fee and asked if the applicant agrees with this. Mr. Hellegers stated the fee would
24 not be assessed until they apply for a building permit. Mr. Hellegers stated the rates are
25 the 2021 rates the property owner must pay.
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27 Motion by VanderLaan, seconded by Godfrey to open the public hearing at 7:08 p.m.
28 Motion was taken by roll call:
29 Godfrey - aye
30 Hudson - aye
31 Koehler - aye
32 VanderLaan - aye
33 Volkenant — aye
34 Loehlein — aye
35 Motion carries unanimously.
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37 Commissioner Volkenant asked how long the existing home has been on the property.
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39 Danica Sheifelbein, 2225 1671h Avenue NW, came forward and replied the existing home
40 was built in 1986.
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42 Commissioner Hudson asked if the applicants intended to build on the new lot and sell off
43 the old one. Ms. Sheifelbein stated they will build on Parcel A and have not yet determined
44 what they will do with Parcel B.
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Regular Andover Planning and Zoning Commission Meeting
Minutes — February 23, 2021
Page 3
Commissioner Hudson asked if the applicants were ok with the Land Use Agreement as
written. Ms. Sheifelbein replied they were.
Chairperson Koehler asked if a year was enough time for the applicant to get started on
building a house. Ms. Sheifelbein stated they are somewhat concerned, but they have plans
ready to present to a builder with the hopes of being in the new home in a year. Chairperson
Koehler stated he wanted to make sure they have enough time and wouldn't have to come
back for an extension.
Motion by Volkenant, seconded by Godfrey, to close the public hearing at 7:12 p.m.
Motion was taken by roll call:
Godfrey - aye
Hudson - aye
Koehler - aye
VanderLaan - aye
Volkenant — aye
Loehlein — aye
Motion carries unanimously.
Commissioner Volkenant asked Chairperson Koehler if the Planning and Zoning
Commission had the ability to extend the time frame required to build the principal
structure. Chairperson Koehler responded the Planning and Zoning Commission could
recommend to Council a longer period of time for the applicant to build a principal
structure and allow the pole barn to remain during that same time period.
Commissioner VanderLaan recommended allowing three years because she sees no
detriment to health or safety to having a pole barn on the property without a principal
structure.
Commissioner Loehlein stated he would like to hear staff's opinion on setting a longer time
frame. Mr. Hellegers stated one year is in Code because the City runs the risk of nothing
happening. He stated 18 months doesn't seem unreasonable, however, the longer the time
period, the more risk of the property changing hands, or the structure not being built. He
stated pulling the building permit fulfills the agreement.
Associate Planner Griffiths noted the last time a similar agreement was made, the timeline
expired, and staff worked to amend the agreement for 90 days without needing to go to the
Commission for approval.
Chairperson Koehler explained the City has been in this position before where they gave
the property owner a one-year timeline and after three years, they were back in front of the
Commission without having built a principal structure. He stated he is against a
Conditional Use Permit but supports giving the applicant additional time.
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Regular Andover Planning and Zoning Commission Meeting
Minutes — February 23, 2021
Page 4
Motion by Hudson, seconded by Loehlein, to recommend approval of a Resolution for a
lot split request to subdivide into two parcels in the R-1 Single Family Rural District for
the property located at 2225 167`h Avenue Northwest, PIN 10-32-24-32-0007.
Chairperson Koehler stated he feels they should approve it but would like to give the
applicant additional time.
Commissioner Volkenant stated he would like to add an extension to the timeline and asked
how the Commission can get that into the Resolution. Chairperson Koehler responded the
Commission can approve the Resolution as is and count on the City Council to listen to the
Commission's discussion or the Commission can propose an amendment to the current
motion to recommend approval with additional time.
Commissioner VanderLaan proposed an amendment to the motion to extend the period of
time from one year to three years for the applicants to build a principal structure.
Commissioner Hudson did not agree to the amendment.
Motion was taken by roll call:
Godfrey — aye — with a request to City Council that staff has the ability to extend up to 90
days.
Hudson - aye
Koehler - nay
VanderLaan — aye — commenting that the applicant should be given more time.
Volkenant — nay — stated a one-year period is not sufficient and the City Council should
consider 18 months at a minimum and up to three years.
Loehlein — aye
Motion carries 4 — 2 (Koehler and Volkenant).
Chairperson Koehler stated this item will go to City Council on March 2, 2021. He stated
the City Council will make the final recommendation and if they listened to the
Commission's discussion, they may award a longer time period to build the principal
structure.
OTHER BUSINESS
Mr. Griffiths updated the Commission on items they have sent to the City Council. He
stated the City Council had similar comments on the sketch plan presented at the February
9, 2021 meeting.
Mr. Griffiths stated the Comprehensive Plan changes were also approved by the City
Council and will now be submitted to the Met Council.
Mr. Griffiths stated there will be a Planning and Zoning Commission meeting on March 9
for Conditional Use Permits.
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Regular Andover Planning and Zoning Commission Meeting
Minutes —February 23, 2021
Page 5
Mr. Griffiths stated there is an Environmental Assessment Worksheet (EAW) on the City's
website pertaining to the Fields of Winslow Cove.
Mr. Griffiths noted discussion earlier in the meeting from Commissioners around a possible
change from a Conditional Use Permit to an Interim Use Permit for allowing an accessory
building on a property without a principal structure and asked if the Commission would
like to review this portion of the Code. The Commission was in favor of reviewing the
Code for this change.
Commissioner Volkenant asked if the Commission is only meeting once in March. Mr.
Griffiths replied staff will inform the Commission if they need to meet a second time in
March at their next meeting.
Commissioner Volkenant stated he appreciates the official cadence presented in the
workshop and asked if it should be updated to include which motions require roll call votes.
Chairperson Koehler stated roll call votes are required when there is a member participating
remotely.
Chairperson Koehler asked staff to keep the Commission updated on how things go with
the Met Council and the density proposal.
Commissioner Godfrey asked when the Met Council is required to return an answer to the
City. Mr. Griffiths replied the Met Council has 15 days to determine if the application is
complete and additional 90-120 days to complete their review.
F.FOV1111AY JAONA
Motion by Volkenant, seconded by VanderLaan, to adjourn the meeting at 7:29 p.m.
Motion was taken by roll call:
Godfrey - aye
Hudson - aye
Koehler - aye
VanderLaan - aye
Volkenant — aye
Loehlein — aye
Motion carries unanimously.
Respectfully Submitted,
Shari Kunza, Recording Secretary
TimeSaver Off Site Secretarial, Inc.
1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 • (763) 755-5100
FAX (763) 755-8923 . WWW.ANDOVERMN.GOV
TO: Planning & Zoning Commissioners
CC: Joe Janish, Community Development Director$
FROM: Jake Griffiths, Associate Planner
SUBJECT: Public Hearing — Conditional Use Permit — Accessory Dwelling Unit — 4815
159th Ave NW - Margaret Kliber (Applicant)
DATE: March 9, 2021
INTRODUCTION
The applicant is requesting a Conditional Use Permit (CUP) to construct an Accessory Dwelling
Unit (ADU) on their property located at 4815 — 159th Ave NW. A map showing the site location
is attached for your review. The requirements for ADUs were adopted into the City Code in
2016, and since that time this is the first application for such a request. Accordingly, a brief
discussion on ADUs is included below for the Commission's review.
What is an Accessory Dwelling Unit (ADU)?
City Code defines an ADU as a "subordinate habitable dwelling unit, which has its own basic
requirements for shelter, heating, cooking, and sanitation, accessory to a single-family dwelling".
In layman's terms, an ADU is essentially a second house constructed on a property that already
has a house on it. ADUs are commonly referred to as "Granny Flats" or "Mother -In -Law -
Suites".
The applicant is proposing to construct a 900 square foot ADU on their property which will be
utilized as their retirement home in the future. The applicant has submitted a letter outlining their
request which is attached for your review. At this time, the applicant does not have architectural
drawings of the home that is being proposed as they wanted to make sure they would get CUP
approval prior to creating construction plans. However, they have provided two example floor
plans which are attached for your review. The applicant plans on finishing the exterior with vinyl
siding.
ADU Performance Standards
City Code 12-8-5-B states that no property within a single-family residential district shall have
more than one dwelling unit, except an ADU may be permitted as a conditional use to a single-
family dwelling when all of the following conditions are met:
The primary residents must be located on a lot within an R-1: Single Family Rural zoning
district.
The subject property is located within an R-1: Single Family Rural Zoning District.
2. The property owner must reside in either the primary residence or the ADU as their
permanent residence according to State Law.
The applicant has indicated in their applicant letter that they plan to reside in the
existing principle dwelling until they retire and their family moves to the property, and
then move to the ADU at that time.
3. An ADU must not be subdivided or otherwise segregated in ownership from the primary
residence structure.
No subdivision application has been made to the City of Andover and staff is unaware of
any plans to subdivide or separate ownership of the ADU from the principle dwelling.
4. An ADUs total floor area shall be no more than 900 square feet and not less than 400
square feet.
The proposed ADU is 900 square feet and within the range specified by City Code. The
City of Andover Building Department will not approve building permits for any
application showing an ADU larger than 900 square feet.
5. The ADU shall be separated a minimum of twenty feet (20') from the primary residence.
The proposed ADU is located well beyond twenty feet (20 ) from the existing primary
residence.
6. The ADU shall meet the setback requirements for an accessory structure as specified by
City Code.
City Code requires accessory structures in the R-1: Single Family Rural zoning district to
meet setbacks of 10 feet from the side yard, 50 feet from the rear yard and 40 feet from
the front lot line. The proposed ADU appears to meet all setback requirements.
The ADU shall be designed and maintained as to be consistent with the architectural
design, style, appearance and character of the primary residence as a single-family
residence. An ADU shall not extend beyond the height of the primary residence.
City staff have informed the applicant of this requirement which will be verified by the
City of Andover Building Department at the time of building permit application. If the
Building Official deems the proposed ADU to not be architecturally consistent, then their
building permit application will not be approved. City Code allows for an appeals
process if this were to occur which would allow the City Council to review any
discrepancy.
8. Two off-street parking spaces shall be required for the ADU, in addition to the off-street
parking spaces required for the primary residence. An additional garage may be
constructed, provided it complies with all State and City regulations.
At this time the applicant has indicated to staff that a secondary driveway may be
constructed leading to the proposed ADU, subject to permit approval by the City of
Andover Engineering Department. Adequate parking facilities exist to accommodate the
ADU at this time.
9. No more than one ADU shall be permitted on a lot or parcel.
Only one ADU is being proposed as part of this application, and no ADU currently exists
on the property.
10. An ADU shall have a permanent foundation. Houses on wheels or trailers shall be
prohibited.
City staff have informed the applicant of this requirement which will be verified by the
City of Andover Building Department at the time of building permit application.
11. An ADU shall be constructed and maintained in accordance with all State laws, State
building, plumbing, electrical, mechanical, and fire code regulations and City Code
requirements.
City staff have informed the applicant of this requirement which will be verified by the
City of Andover Building Department at the time of building permit application.
12. The primary residence and ADU shall be constructed and maintained in compliance with
the property maintenance regulations set forth in the City Code.
City staff have informed the applicant of this requirement which will be verified by the
City of Andover Building Department at the time of building permit application. Code
enforcement could follow up in the future if maintenance is not adequately performed.
13. Rental of the accessory dwelling unit, or rental of the principal dwelling unit if the
property owner resides in the accessory dwelling unit, shall require a City rental license
pursuant to the City Code.
The applicant is planning to owner -occupy the ADU at this time. Rental of the ADU or
principal dwelling will require a single-family rental license.
Conditional Use Permit (CUP) Review Criteria
City Code 12-14-6-B provides the following general review criteria to consider when granting a CUP. In
granting a Conditional Use Permit, the City Council shall consider the recommendation of the Planning
and Zoning Commission and:
1. The effect of the proposed use on the health, safety, moral and general welfare of the occupants
of surrounding lands.
The proposed ADUapplication appears to meet all City Code requirements and will be verified
by the Andover Building Department at time of building permit application.
Existing and anticipated traffic conditions, including parking facilities on adjacent streets and
lands.
The property already has adequate parking facilities to accommodate the proposed ADU, and the
applicant has indicated they may construct a secondary driveway to the ADUsubject to permit
approval by the City of Andover Engineering Department.
3. The effect on values of property and scenic views in the surrounding area, and the effect of the
proposed use on the Comprehensive Plan.
The proposed ADU is in conformance with the provisions of the Rural Residential Land Use as
specified in the Comprehensive Plan. Staff believes the CUP will not have a negative
effect on scenic views or surroundingproperty values.
Building Department Review
The Building Department has reviewed the ADU request and has no comments regarding this
application. The Planning and Building Departments will work together to verify all City Code
requirements are being met at the time of building permit application.
ACTION REQUESTED
The Planning and Zoning Commission is asked to conduct a public hearing and make a
recommendation to the City Council regarding the CUP request.
C $e�pectfully submitted,
e Crriffiths
Associate Planner
Attachments
Draft Resolution of Approval
Draft Resolution of Denial
Site Location Map
Applicant Letter
Example Floor Plans
Applicant's Site Plan
CC: Margaret Kliber, 4815 — 159th Ave NW, Andover, MN 55304 (Applicant)
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. R
A RESOLUTION APPROVING THE CONDITIONAL USE PERMIT REQUEST FOR AN
ACCESSORY DWELLING UNIT, LOCATED AT 4815 159TH AVE NW, LEGALLY DESCRIBED
AS:
THE E 1/2, AS MEAS ALG THE N & S LINES OF THE S 712.40 FT OF THE E 1/2 OF THE NE 1/4
OF THE SE '/4; EX RD; SUBJ TO EAES OF REC
WHEREAS; Margaret Kliber has requested a conditional use permit for an accessory dwelling unit and is
the property owner as of the date of this resolution, and;
WHEREAS, the Planning and Zoning Commission held a Public Hearing on March 9, 2021 pursuant to
the requirements of City Code 12-14-8, and;
WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said
request meets the criteria of City Code, and;
WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect
on the health, safety, and general welfare of the City of Andover, and;
WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the
Conditional Use Permit request.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees
with the recommendation of the Planning and Zoning Commission and approves the conditional use
permit for an accessory dwelling unit located at 4815 159th Ave NW, subject to the following conditions:
1. Applicant must obtain a building permit from the City of Andover prior to construction, as well
as any other permits to obtain their desired outcome including but not limited to secondary
driveway/curb cut permit, watershed permits, etc.
2. The property owner must reside in either the primary residence or the ADU as their permanent
residence according to State Law.
3. The ADU must not be subdivided or otherwise segregated in ownership from the primary
residence structure.
4. The ADU's floor area shall be no more than 900 square feet and no less than 400 square feet.
5. The ADU shall be separated a minimum of twenty feet (20') from the primary residence.
6. The ADU shall meet the setback requirements for an accessory structure as specified by City
Code.
7. The ADU shall be designed and maintained as to be consistent with the architectural design,
style, appearance and character of the primary residence as a single-family residence as
determined by the Chief Building Official.
8. The ADU shall not extend beyond the height of the primary structure or the maximum height as
established by City Code for its respective zoning district, whichever is less.
9. The ADU shall have a permanent foundation.
10. The ADU shall be constructed and maintained in compliance with all State laws, State building
code and City Code requirements.
11. Rental of the ADU or the principal dwelling unit shall require a rental license prior to operation
pursuant to the City Code at the time of license application.
12. If the City Council determines that no significant progress has been made in the first twelve (12)
months after the approval of the Conditional Use Permit, the permit will be null and void.
Adopted by the City Council of the City of Andover on this day of 2021.
CITY OF ANDOVER
ATTEST:
Michelle Hartner, Deputy City Clerk
Sheri Bukkila, Mayor
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. R
A RESOLUTION DENYING T14E CONDITIONAL USE PERMIT REQUEST FOR AN ACCESSORY
DWELLING UNIT, LOCATED AT 4815 159TH AVE NW, LEGALLY DESCRIBED AS:
THE E 1/2, AS MEAS ALG THE N & S LINES OF THE S 712.40 FT OF THE E 1/2 OF THE NE 1/4
OF THE SE'/4; EX RD; SUBJ TO EAES OF REC
WHEREAS; Margaret Kliber has requested a conditional use permit for an accessory dwelling unit and is
the property owner as of the date of this resolution, and;
WHEREAS, the Planning and Zoning Commission held a Public Hearing on March 9, 2021 pursuant to
the requirements of City Code 12-14-8, and;
WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said
request does not meet the criteria of City Code, and;
WHEREAS, the Planning and Zoning Commission finds the request would have a detrimental effect on
the health, safety, and general welfare of the City of Andover, and;
WHEREAS, the Planning and Zoning Commission recommends to the City Council denial of the
Conditional Use Permit request.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees
with the recommendation of the Planning and Zoning Commission and denies the conditional use permit
for an accessory dwelling unit located at 4815 159th Ave NW, subject to the following conditions:
Adopted by the City Council of the City of Andover on this day of 2021.
CITY OF ANDOVER
ATTEST:
Michelle Hartner, Deputy City Clerk
Sheri Bukkila, Mayor
ANDOVER Site Location
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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: Joe Janish, Community Development Director
SUBJECT: PUBLIC HEARING: Comprehensive Plan Amendment (CPA) (21-02)
DATE: March 9, 2021
BACKGROUND
On February 16, 2021, the City of Andover received a comprehensive plan amendment request
from a developer looking to develop the property south of Bunker Lake Blvd. at the intersection
of Bunker Lake Blvd and 7`h Avenue. This property has been commonly referred to as the
"Sonsteby" property. At this time the developer has submitted a Planned Unit Development,
Preliminary Plat, Rezoning, and Comprehensive Plan Amendment for this property. The
developer is proposing 49 units over 8.3 acres and the net density (while still being calculated) is
expected to be 5 to 6 units per acre. The developer has also proposed the development name of
"Andover Village."
As our current Future Land Use map identifies the property as Urban Residential Medium (URM)
with a density of 8 to 12 units per acre. As proposed the 5 to 6 units per acre does not meet the
URM requirements and triggers the amendment request. The request is to drop the Future Land
Use to Urban Residential Medium Low (URML) which allows for 4 to 8 units per acre.
Gross Residential Density Range by Land Use
Lane Use Uensdy Rance
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Net Residential Density Range by Land Use
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Due to the density being above 3 units per acre staff is not necessarily concerned with our overall
density within the Metropolitan Urban Service Area (MUSA) dropping below 3, however this site
was expected to accommodate 60 units of "Affordable" housing. Therefore, we are looking to
make up these units.
The City Council discussed the "relocation" of the "Affordable" housing units at the City
Council Worksession on February 23, 2021. After reviewing several potential locations it was
determined that the intersection of Bunker Lake Blvd. and Hanson Blvd. would be a suitable
location.
The preferred site is currently guided for "Public" and by placing 5 acres of Urban Residential
High Low (URHL) the density range would be expected in 12 to 20 units per acre. Andover's
Administration spoke with Anoka County and they are supportive with the adjustment. Staff
also indicted that City Code currently allows for "Publicly owned and operated property" as a
permitted use and will not create any non -conformities with this change.
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DISCUSSION
The Planning Commission is asked to review a comprehensive plan amendment for an
unaddressed property (part of PID#: 30.32.24.43.0001) to be changed from Urban Residential
Medium (URM- 8 to 12 units per acre) to Urban Residential Medium Low (URML- 4 to 8 units
per acre). This would reduce the total amount of housing units possible at this location. The
proposed amendment will also change a portion of the property (5 acres) at 1440 Bunker Lake
Blvd. NW (part of PID#: 35.32.24.32.0001) from Public to Urban Residential High Low (URHL
-12 to 20 units per acre). This would increase the total amount of housing units possible at this
location.
The proposed CPA includes:
1. Change the future land use designation from URM to URML on one parcel (part of PID#:
30.32.24.43.0001), and
2. Change the future land use designation from Public to URHL on another parcel (part of
PID#: 35.32.24.32.0001).
FACTS
Conformance with Local and Regional Plans and Ordinances
1. The City Council approved the 2018 Comprehensive Plan on December 15, 2020.
2. In December of 2020, the City reviewed a concept plan for this reduction parcel, all of
which was located within the Metropolitan Urban Service Area (MUSA) boundary.
3. One of the subject properties is currently guided as URM in the 2018 Comprehensive
Plan, the other Public.
4. The Comprehensive Plan will need to be amended, in order for the proposed development
to be consistent with the 2018 Comprehensive Plan.
5. One area will fall below the "affordable" category and these units will need to be
relocated in order to remain consistent with Met Council Housing Policy.
6. In order to remain consistent as part of this amendment the City is proposing the change
occur simultaneously.
Existing - Future Land Use Map
Part of PID#: 30.32.24.43.0001
Existing - Future Land Use Map
Part of PID#: 35.32.24.32.0001
Proposed - Future Land Use Map
Proposed - Future Land Use Map
PROCESS
Public Notice
In accordance with City Code public hearing notice is published in the Anoka County Union
Herald and mailed notice was provided to properties within 350 feet of the subject properties for
the areas located within the MUSA using GIS data provided by Anoka County. Any written
correspondence that staff has received regarding this application has been included as an
attachment.
Review Criteria
The Comprehensive Plan establishes criteria for review of amendment concerning a proposed
land use change. The Planning and Zoning Commission should consider the amendments based
on the following criteria:
1. Conditions have changed since the present land use designation was established such to
warrant the proposed amendment or the present land use designation is in error.
The City ofAndover reviewed a sketch plan and an application requesting the change in
density to allow for a detached townhome product on one of the properties. The new
guided land use would allow for the land owner to potentially create an equal number of
"affordable " units that had originally been planned for this property.
2. The proposed land use is compatible with surrounding land uses and with the goals,
objectives, and policies in the Comprehensive Plan.
The proposed area of increased density would allow for the same number of
"affordable" units to be constructed as what the "original" parcel had expected.
Overall due to the density of both proposals - it is expected the number of total units
constructed in the future to be higher than prior to the proposed amendment.
3. There is capacity of public systems, facilities, and service to serve the proposed land use
and capacity of these systems to serve other planned land uses is not adversely affected.
The proposed amendment would not have a negative impact on capacity of public
systems, facilities, and service to serve the proposed land use and capacity of these
systems to serve other planned land uses. It is actually expected to maximize the systems
as overall more units are possible.
4. Agreement can be reached for the applicant of the proposed land use to pay for any
increased capacity of public systems, facilities and services required to serve the
proposed land use.
As both areas develop the developers will enter into development agreements and provide
appropriate costs, fees, development improvements as required by the City ofAndover.
5. Potential impacts by the proposed land use on natural resources including vegetation,
wetlands, floodplain, and other natural features can be avoided or sufficiently mitigated
as determined by City Council.
It is expected any potential natural resource impacts proposed by the land use will be
sufficiently mitigated as part of the development review process.
6. To ensure a transition or buffer between urban and rural residential zoning districts.
The areas around both properties will not have an impact on the transition or buffer
between urban and rural residential zoning districts.
ACTIONS REQUESTED
The Planning Commission is asked to:
• Hold a public hearing and take public feedback on the proposed Comprehensive Plan
Amendment.
• Make a recommendation to the City Council.
Next Steps in CPA Process
The Planning Commission's recommendation would be forwarded to the City Council. Upon
recommendation to the City Council, the proposed amendment will be forwarded to appropriate
agencies for comment. If the City Council authorizes submittal of the Comprehensive Plan
Amendment, it would then be forwarded to the Metropolitan Council for their consideration. If
the Metropolitan Council recommends approval, then the amendment would return to the City
Council for their adoption of the amendment.
Attachments
1) Resolution
2) Location Map
3) Map of Existing and Proposed Future Land Use
4) Written Public Comments Received —(none as of 3/4/21)
qect y ub 'tted,
Joe Janish,
Community Development Director
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. R
A RESOLUTION AMENDING THE COMPREHENSIVE LAND USE PLAN OF THE
CITY OF ANDOVER TO INCLUDE THE FOLLOWING: CHANGE THE FUTURE LAND
USE DESIGNATION OF PART OF PID 30.32.24.43.0001 FROM URBAN RESIDENTIAL
MEDIUM (URM) TO URBAN RESIDENTIAL MEDIUM LOW (URML) AND CHANGE
THE FUTURE LAND USE DESIGNATION OF PART OF PID 35.32.24.32.0001 FROM
PUBLIC TO URBAN RESIDENTIAL HIGH LOW (URHL)
WHEREAS, the Future Land Use Map shows part of PID 30.32.24.43.0001 as URM and part of
PID 35.32.24.32.0001 as public, and;
WHEREAS, the City of Andover has received a request to reduce the density for part of PID
30.32.24.43.0001 from URM to URML; and
WHEREAS, the City proposes to amend the Future Land Use Map designation from URM to
URML for part of PID 30.32.24.43.0001, and;
WHEREAS, the City of Andover recognizes the need to meet future affordable housing
allocations, and
WHEREAS, the City of Andover desires to remain compliant with Metropolitan Council
affordable housing allocations, and
WHEREAS, the City of Andover desires to amend the Future Land Use Map designation from
Public to URHL for part of PID 35.32.24.32.0001, and
WHEREAS, a public hearing was held pursuant to state statutes, and;
WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of
the amendment as requested, and;
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 authorizes the
following amendment to be submitted for review to the Metropolitan Council:
1. Change the land use designation for part of PID 30.32.24.43.0001 from URM to URML.
2. Change the land use designation for part of PID 35.32.24.32.0001 (5 acres) from Public
to URHL.
Existing - Future Land Use Map
Part of PJD#: 30.3_' N 43 0001
Existing - Future Land Use Map
Part
Proposed - Future Land Use \lap
J . �.I� ;� RDUND�•_
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Proposed - Future Land Use Map
Adopted by the City Council of the City of Andover on this 16th day of March, 2021.
CITY OF ANDOVER
ATTEST:
Michelle Hartner, Deputy City Clerk
Sheri Bukkila, Mayor
F
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•
1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100
FAX (763) 755-8923 • WWW.ANDOVERMN.GOV
TO: Planning & Zoning Commissioners
CC: Joe Janish, Community Development Director
FROM: Jake Griffiths, Associate Planner
SUBJECT: City Code Amendment — City Code Title 12, Chapter 12 — City of Andover
(Applicant)
DATE: March 9, 2021
Staff was recently approached by an individual that was looking to open a Daycare Center within
a Religious Institution in our community. As staff started to research this item, it was discovered
that if the daycare is not directly associated with the Religious Institution, then it would be
prohibited by the current City Code.
Survey of Adjacent Communities
After discovering this, staff contacted some of our neighboring communities and found that most
allow for daycare facilities if the religious institution is legally conforming, strictly as a
permitted accessory use. A summary of neighboring city requirements is below for your review:
city
Requirements
Anoka
Has not yet responded to staff s inquiry.
Blaine
Commercial daycare accessory to a legal conforming church or school is
permitted.
Coon Rapids
Daycares with 13 or more children are a permitted use within hospitals,
religious institutions, and schools in all residential districts.
Ham Lake
Indicated that the City is not aware of this situation occurring in their schools
or religious institutions.
Ramsey
Da cares are permitted within religious institutions.
February 23, 2021 City Council Workshop Review
After reviewing the requirements of the adjacent communities listed above, staff proposed
similar language to the cities of Blaine and Coon Rapids to the City Council at their February 23,
2021 Workshop. Draft amendment language is attached for your review and would amend the
City Code to allow for daycare centers as a permitted accessory use within legally conforming
religious institutions and schools in all residential districts. After a brief discussion, the City
Council directed staff to begin the process of amending the City Code.
Discussion of Proposed Amendment
The advantages staff sees by allowing for daycare centers in religious institutions and schools is
that it will utilize what might be viewed as underutilized structures during the weekday and may
also allow income for religious institutions. The amendment could also increase the availability
of daycare options for our residents.
Please note that daycare centers are already a permitted use in commercial districts, and religious
institutions are currently permitted to have "nursery -type" opportunities during their operating
hours. Additionally, operating a daycare center in a religious institution would constitute a
change in occupancy for State Building Code requirements and would require permits from the
City of Andover Building Department and a new Certificate of Occupancy prior to operation.
ACTION REQUESTED
The Planning and Zoning Commission is asked to conduct a public hearing on the proposed City
Code Amendment and make a recommendation to the City Council.
R ectfully submitted
Jake Griffiths
Associate Planner
Attachments
Draft Resolution of Approval
Draft Resolution of Denial
Map of Possible Locations
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO. XX
THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAIN AS
FOLLOWS:
AN AMENDMENT TO CITY CODE TITLE 12: ZONING REGULATIONS,
CHAPTER 12: RESIDENTIAL PERMITTED, PERMITTED ACCESSORY,
CONDITIONAL, INTERIM AND PROHIBITED USES.
Chapter 12
RESIDENTIAL
PERMITTED, PERMITTED ACCESSORY, CONDITIONAL, INTERIM AND PROHIBITED USES?
P-Permitted Use
R-1- Single Family -Rural
M-2- Multiple Dwellin
PA- Permitted AccessoryUse
R-2- Single Family- Estate
Single Family Rural Reserve
C-Conditional Use SE FOOTNOTES
R-3- Single Family- Suburban
X- Prohibited Use
R-4- Single Family- Urban
PUD- Planned Unit Development
R-5- Manufactured Housing
I- Interim Use
M-1- Multiple Dwelling Low
Density
If Use Not Specifically Listed or Provided for Elsewhere in the City Code, It Is Prohibited
Permetted. Permitted Accessory- Conditional. Interim and Prohih*ted Uses
Znninp Diqtriet%
RR
R-I
R-2
R-3 r
R-4 a
R-5
M-1
M-2
Daycare Facility -Group Family
P
P
P
P
P
P
P
P
Farm Wineries subject to City Code 12-9-12
PA
PA
C
C
X
X
X
X
Group Homes as regulated by State Statute
C
P
P
P
P
P
P
P
Office in compliance with City Code 12-9
C
PA
PA
PA
PA
PA
PA
PA
Therapeutic massage establishment (as a home occupation offering on site
massage services as regulated b chapter 9 of this title and title 3, chapter 6
P
C
C
C
C
C
C
C
Schools
K-12 Schools
P
P
P
P
P
P
X
X
Post -secondary Schools
PA
C
C
C
C
C
X
X
Schools exceeding height maximum up to 45 feet in height
C
C
C
C
C
C
C
C
Subordinate Classroom Structures (when located on a licensed Primary
and/or Secondary school property)
C
I
I
I
I
I
I
1
Subordinate Classroom Structures (when located on a property where there is
a religious institution as the principal use
P
I
I
I
I
I
]
I
Utilities
Private utilities (gas, electric, phone, cable, etc) in Compliance with City
Code 8-2
P
P
P
P
P
P
P
P
Private utility structures and/or uses (electrical transmission lines, gas
pipelines, etc.
C
C
C
C
C
C
C
C
Public utilityuses for local services
P
P
P
P
P
P
P
P
Other
Agricultural uses- rural outside MUSA bound only)
P
P
P
P
X
X
X
X
Agricultural uses- urban
P
P
P
P
P
P
P
P
Antennas in excess of thirty-five feet (35') in height in compliance with City
Code 9-12
C
C
C
C
C
C
C
C
Buildings (Principal) exceeding height maximum subject to City Code 12-3-5
C
C
C
C
C
C
C
C
Bulk fuel storage (tanks greater than 1,000 gallon storage capacity) in
compliance with City Code 12-8-5
C
C
X
X
X
X
X
X
Campgrounds, n clubs and ranges, archery ran es racetracks
C
C
X
X
X
X
X
X
Cemeteries
P
C
C
C
C
C
C
C
Daycare centers within legally conforming religious institutions and schools.
PA
PA
PA
PA
PA
PA
PA
PA
Religious Institution
C
C
C
C
C
C
X
X
Clubs and lodges
C
C
C
C
C
C
C
C
Crafts and antique businesses in buildings designated as historical sites by a
county, state or nationally recognized historical organization
X
X
X
X
X
X
X
C
Garages and Accessory Structures in compliance liance with City Code 12-6
PA
PA
PA
PA
PA
PA
PA
PA
Golf courses and driving ranges
C
C
C
C
C
C
C
C
Highwayf[ighway construction materials (temporary rocessin and storage)
I
I
I
I
I
I
I
I
Marinas
C
C
C
C
C
C
C
C
Publicly owned and operated property except as herein amended
P
P
P
P
P
P
P
P
Resorts
C
C
C
C
X
X
X
X
Solar Energy Systems(ground mounted subject to City Code 9-15
PA
PA
X
X
X
X
X
X
Solar Energy Systems roof mounted subject to City Code 9-15
PA
PA
PA
PA
PA
PA
PA
PA
Swimming pools and recreation areas or structures
PA
PA
PA
PA
PA
PA
PA
PA
Uses which may be detrimental to the health, safety, and welfare of persons
residing or working in the vicinity
X
X
X
X
X
X
X
X
Wind Energy Conversion Systems (WECS)-as defined in and in compliance
with Title 9, Chapter 13 of this code. WECS are prohibited on WDE site.
C
C
C
C
C
C
C
C
(Amended Ord. 8, 10-21-1970; amd. Ord. 8JJJJJJ, 7-18-2002; Ord. 8000000, 8-5-2002; Ord.S000QQQ, 10-1-
2002; Ord. 8RRRRRR, 10-1-
2002; and. Ord. 8AAAAAAA, 4-15-2003; amd. 2003 Code; amd. Ord. 314 10-4-2005; amd. Ord. 385 7-21-09;
amd. Ord. 388 10-20-09; amd. Ord. 3903-16-10; amd. Ord. 397 8-17-10; Amd. Ord. 404, 1-18-11; Amd. Ord.
436, 4-15-14; Amd. Ord. 463, 6-21-16; Amd. Ord. 468, 6-6-17; Amd. Ord. 480, 3-20-18)
1 Conditional use permits for uses not listed herein shall not be granted except where the city council determines that
said uses are similar in character to those listed herein. Within any of the following districts, no land or structure shall
be used for the following uses by districts except by conditional use permit and in accordance with the criteria as
stated in subsection 12-15-6D of this title.
2 Private sewer and water systems shall only be permitted on every other lot, or no more frequently than one private
system for each forty thousand (40,000) square feet where large lots are established. This shall not apply to lots of
record at the time this title is adopted. On each new plat, the lots are to be developed in accordance with this chapter
and shall be so designated.
3 Private sewer and water systems shall only be permitted to replace systems on existing lots when municipal
sewer and water is not available. (Amended Ord. 314, 10-4-2005)
4 Provided a minimum of twenty five thousand (25,000) square feet of retail floor space is constructed, except as
otherwise approved as part of a
Planned Unit Development.
5 Loading berths prohibited in the LB district.
6 After a minimum of two thousand (2,000) square feet of retail floor space is constructed, provided the site is two (2)
acres or larger.
7 See subsection 13-2-4 of this code for permitted, conditional, and prohibited uses in the AgP district.
8 Farm operations in existence on April 18, 2006 are exempt from this provision. See also City Code 12-4-4.
9 Sec 12-2-2 for definitions of "Continuous Operation and Non -continuous Operation". (Amended Ord. 421, 10-2-12)
10 From November 15th to January 1st continuous operation will be allowed in the General Business and Industrial
Zoning District. (Amended Ord.
424, I1-7-12)
All other Titles, Chapters and Sections of the City Code shall remain as written
and adopted by the Andover City Council.
Adopted by the City Council of the City of Andover this 16th day of March 2021.
/_II011*111
CITY OF ANDOVER:
Michelle Hartner, City Clerk Sheri Bukkila, Mayor
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES NO.
A RESOLUTION DENYING THE CITY CODE AMENDMENT TO TITLE 12: ZONING
REGULATIONS, CHAPTER 12: RESIDENTIAL PERMITTED, PERMITTED ACCESSORY,
CONDITIONAL, INTERIM AND PROHIBITED USES.
WHEREAS, the Planning and Zoning Commission held a Public Hearing pursuant to the
requirements of City Code 12-14-6, and;
WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined
that said request does meet the criteria of the Comprehensive Plan, and;
WHEREAS, the Planning and Zoning Commission finds the request would have a detrimental
effect on the health, safety, and general welfare of the City of Andover, and;
WHEREAS, the Planning and Zoning Commission recommends to the City Council denial of the
City Code Amendment request.
WHEREAS, the City Council of the City of Andover agrees with the Planning and Zoning
Commission, and;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby
denies the city code amendment request; for the following reasons:
1.
2.
3.
4.
Adopted by the City Council of the City of Andover on this 16th day of March 2021.
ATTEST:
Michelle Hartner, City Clerk
CITY OF ANDOVER:
Sheri Bukkila, Mayor
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