HomeMy WebLinkAbout04-25-231685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100
FAX (763) 755-8923 • WWW.ANDOVERMN.GOV
Andover Planning and Zoning Commission
Meeting Agenda
April 25, 2023
Andover City Hall
Council Chambers
7:00 p.m.
1. Call to Order
2. Pledge of Allegiance
3. Approval of Minutes —March 28, 2023 Regular Meeting
4. Public Hearing: Variance Request— Lot 9 Block 7 Lakeridge; PID# 20-32-24-14-0006 —Ed
Fields and Sons (Applicants)
5. Public Hearing_ Consider City Code Amendment — City Code 12-11: Commercial/Industrial
Permitted, Permitted Accessory, Conditional, Interim and Prohibited Uses — Liquor Sales in
Neighborhood Business Zoning District — City of Andover (Applicant)
6. Other Business
7. Adjournment
1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 • (763) 755-5100
FAX (763) 755-8923 • WWW.ANDOVERMN.GOV
TO: Planning and Zoning Commissioners
FROM: Jake Griffiths, Associate Planner
SUBJECT: Approval of Minutes
DATE: April 25, 2023
ACTION REOUESTED
The Planning & Zoning Commission is requested to approve the March 28, 2023 regular meeting
minutes.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
PLANNING AND ZONING COMMISSIONMEETING —MARCH 28, 2023
The Regular Bi -Monthly Meeting of the Andover Planning and Zoning Commission was
called to order by Chairperson Karen Godfrey on March 28, 2023, 7:00 p.m., at the
Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota.
Commissioners present: Scott Hudson, Bert Koehler IV, Nick Loehlein, Jonathan
Shafto, and Ryan Winge
Commissioners absent: Patrick Shuman, Jr.
Also present: Planner Peter Hellegers
Others
PLEDGE OFALLEGL4NCE
APPROVAL OF MINUTES
March 14, 2023 Regular Meeting Minutes
City Planner Hellegers requested the following correction:
Page 2, Line 22: Currently reads, "property being discussed and that the variance is
requesting a lot split". Change to, "property being discussed and that the applicant is
requesting a variance for a lot split that would otherwise not meet City Code."
Motion by Commissioner Loehlein, seconded by Commissioner Hudson, to approve the
minutes as amended. Motion carried on a 5 -ayes, 0 -nays, 1 -present (Shafto), 1 -absent
(Shuman) vote.
PUBLIC HEARING: Conditional Use Permit (CUP) Amendment for the placement of
additional antennas onto the existing water tower on the property located at 1685
Crosstown Blvd NW, (PID#. 22.32.24.41.0006) submitted by New Cingular Wireless,
PCS, LLC clo Steve Ward (Applicant)
The Planning & Zoning Commission is requested to hold a public hearing and make a
recommendation to the City Council on a Conditional Use Permit (CUP) requested by
Steve Ward, representing Cingular Wireless, PCS, LLC, to place six antennas onto water
tower #2 on property located at 1685 Crosstown Boulevard NW. City Planner Hellegers
noted the purpose of this item is to hold a public hearing and take input on this CUP request
Regular Andover Planning and Zoning Commission Meeting
Minutes — March 28, 2023
Page 2
1 by New Cingular Wireless, PCS, LLC. He displayed a map of the subject site and noted
2 the water tower currently has antennas. A CUP is required to locate an antenna above 35
3 feet in height. The water tower top is 169 feet tall and this proposal would have an antenna
4 tip height of 176 feet 5 inches. He noted the current height of equipment on water tower
5 #2 is 184 feet.
7 Mr. Hellegers reviewed the proposed CUP with the Commission and asked them to look
8 over the stipulations in City Code regarding Conditional Uses to make sure the applicant
9 meets the criteria for granting a CUP, and that the effect won't have negative impacts on
10 health, safety, morals, or general welfare. He then opened the discussion to questions from
11 the Commission.
12
13 Commissioner Winge asked if there are restrictions on the height of the antennas. Mr.
14 Hellegers shared under City Code, there are no restrictions for height.
15
16 Motion: Chair Godfrey assumed a motion to open the Public Hearing at 7:04 p.m. Motion
17 carried by unanimous consent.
18
19 Steve Ward, Ward Development, 15 Park Place, Swansea, Illinois, shared he was present
20 at the meeting representing AT&T. He explained this project is similar to other installations
21 on the tank. They plan to take over a former Sprint location, so the new antennas will be
22 similar to what was there before the tank was painted. He shared a benefit of using a prior
23 Sprint location is that all the penetrations, electrical and conduit runs are in place.
24
25 Commissioner Koehler asked if Mr. Ward is looking at any sites other than the Crosstown
26 Boulevard location. Mr. Ward stated they are not, unless the City wants to build another
27 tower. The applicant approached the City to see if they would like to build another cell
28 tower at a park or near the business area, and the City said they would prefer to have things
29 added to existing structures. If water tower #2 works for the City, it works for the
30 applicant's engineering and they would be happy to co -locate in Andover.
31
32 Chair Godfrey asked what the anticipated time of construction is. Mr. Ward shared it is
33 pending a successful lease, a process which they have begun but still need to make sure
34 zoning is in place. Mr. Ward expects the leasing process to take 6-8 weeks, and hopes to
35 have a building permit within 3-4 months. He would like to get the antennas added before
36 cold weather comes again.
37
38 Motion: Chair Godfrey assumed a motion to close the Public Hearing at 7:07 p.m. Motion
39 carried by unanimous consent.
40
41 Motion by Commissioner Loehlein, seconded by Commissioner Shafto, to recommend to
42 the City Council approval of the Conditional Use Permit requested by Steve Ward,
43 representing Cingular Wireless, PCS, LLC, to place six additional antennas onto water
44 tower #2 on property located at 1685 Crosstown Boulevard NW, subject to the five
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Regular Andover Planning and Zoning Commission Meeting
Minutes — March 28, 2023
Page 3
conditions detailed in the draft resolution. Motion carried on a 6 -ayes, 0 -nays, 1 -absent
(Shuman) vote.
Mr. Hellegers stated that this item would go before the Council at an upcoming City
Council meeting. He stated the specific date would be shared later.
OTHER BUSINESS
City Planner Hellegers shared updates from previous meetings. Two meetings ago, the
Commission looked at a Conditional Use Permit for a religious institution, which went
forward to Council on March 21, 2023 and was approved with an additional condition for
the drop off area's driveway on 136th Lane NW. At the last meeting, the Commission
considered a variance for a proposed lot width and size, but that application was withdrawn
and did not go before Council. A Code amendment for fence height was approved by
Council on March 21, 2023.
ADJOURNMENT
Motion by Commissioner Hudson, seconded by Commissioner Koehler, to adjourn the
meeting at 7:10 p.m. Motion carried by unanimous consent.
Respectfully Submitted,
Kristina Haas, 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
FROM: Joe Janish, Community Development Director
SUBJECT: Public Hearing: Variance Request — Lot 9 Block 7 LakeRidge; PID# 20-32-24-
14-0006 — Ed Fields and Sons (Applicants)
DATE: April 25, 2023
BACKGROUND
A variance is a way that cities may allow for an exception to part of an ordinance for a specific
property. A variance is generally for dimensional standards such as setbacks or height limits and
allows the landowner to deviate from a dimensional rule that would otherwise apply. Minnesota
State Statute and City Code provide specific review criteria the City must consider when reviewing
a variance request, this criteria is included later in this report. If a variance is approved it becomes
a property right which runs with the land.
DISCUSSION
The applicant is requesting a variance to City Code 12-3-5: Minimum District Requirements;
variance to the minimum lot size. The subject property is located within the R-1: Single Family
Rural Residential district and City Code 12-3-5 establishes a minimum lot size of 2.5 acres. The
table below compares the City Code requirements to the variance request.
Review Criteria
City Code 12-15-9 establishes review criteria for considering a variance request and states that
variances shall only be permitted when they are in harmony with the general purposes and intent
of the official control and when the variances are consistent with the comprehensive plan.
Variances may be granted when the applicant for the variance establishes that there are practical
difficulties in complying with the official control. "Practical difficulties" as used in connection
with the granting of a variance, means:
1. The property owner proposes to the use the property in a reasonable manner not permitted
by an official control.
2. The plight of the landowner is due to circumstances unique to their property not created by
the landowner.
3. The variance, if granted, will not alter the essential character of the locality.
4. Economic considerations alone do not constitute practical difficulties.
As practical difficulties must be established by the applicant, a letter submitted on behalf of the
applicants is attached for review as well as a sketch of the roadway alignment through the parcel.
City Code Requirements
Variance Re uest
Difference
Min. Lot Size
1 2.5 Acres
1.62 Acres
I - 0.88 Acres
Review Criteria
City Code 12-15-9 establishes review criteria for considering a variance request and states that
variances shall only be permitted when they are in harmony with the general purposes and intent
of the official control and when the variances are consistent with the comprehensive plan.
Variances may be granted when the applicant for the variance establishes that there are practical
difficulties in complying with the official control. "Practical difficulties" as used in connection
with the granting of a variance, means:
1. The property owner proposes to the use the property in a reasonable manner not permitted
by an official control.
2. The plight of the landowner is due to circumstances unique to their property not created by
the landowner.
3. The variance, if granted, will not alter the essential character of the locality.
4. Economic considerations alone do not constitute practical difficulties.
As practical difficulties must be established by the applicant, a letter submitted on behalf of the
applicants is attached for review as well as a sketch of the roadway alignment through the parcel.
The City Council may also impose reasonable conditions on the granting of a variance request. A
condition must be directly related to and must bear a rough proportionality to the impact created
by the variance.
Historic & Existing Conditions
LakeRidge Plat was approved and accepted by the City Council of Andover at regular meeting on
November 20, 1979. The property does not have an address and has not had a home built on the
property. The lot currently meets the minimum standards for the R-1 zoning district, therefore the
lot could have a home built.
Anoka County Highway Department (ACHD) is in the process of a widening and safety
improvement project that would require a portion of the said lot for drainage/ponding and for the
realignment of 154th Lane. The ACHD project will start at approximately 149th Lane NW and
extend to 157th Ave NW. This project will provide for median separations, access reductions, trail
and an additional lane of travel. The realignment of the roadway will allow for a full access
intersection.
The property owner of Lot 9, Block 7 LakeRidge has been negotiating with ACHD on acquisition
of land for the roadway improvement project, however the applicant is concerned that the
acquisition will not allow for a home to be constructed as a result of the project.
Analysis of Variance Requests
City Code 12-3-5 requires a minimum lot size of 2.5 acres, and the applicant is requesting a
variance to allow a minimum lot size of 1.62 acres. The subject property is currently 2.5 acres in
size. With land acquired by ACHD to realign the roadway the lot will be reduced to 1.62 acres in
size.
Variances may be granted when the applicant for the variance establishes that there are practical
difficulties in complying with the official control. "Practical difficulties" as used in connection
with the granting of a variance, means:
1. The property owner proposes to the use the property in a reasonable manner not permitted
by an official control.
The applicant desires to be able to have a home built on the property after the road
improvement project. The roadway improvement project causes the need for the variance
as the additional right of way will reduce the lots size.
2. The plight of the landowner is due to circumstances unique to their property not created by
the landowner.
Anoka County Highway Department approached the landowner about the land acquisition
and would allow for a safer location as part of the widening and safety improvement
project. The new location of the roadway will allow for a full access intersection that will
benefit the entire neighborhood andproperties on both sides of Round Lake Blvd. The road
improvement project will be beneficial for the entire community.
3. The variance, if granted, will not alter the essential character of the locality.
The lot currently could have a home on the property and the applicant is requesting to
maintain the ability to have a home on the property. Anoka County Highway Department
could have pursued Eminent Domain to acquire the property as the realignment has a
public benefit, even if a home existed today.
4. Economic considerations alone do not constitute practical difficulties.
While the applicant will receive economic incentives to negotiate a transaction with Anoka
County Highway Department, many properties and the general public will benefit from the
roadway improvement project. The property owner did not initiate the project. Anoka
County Highway Department is realigning the roadway creating the hardship to the
property owner. The new alignment will benefit to the safety of vehicles traveling Round
Lake Blvd. and will allow for a full access to the neighborhood.
ACTION REQUESTED
The Planning & Zoning Commission is requested to hold a public hearing on the variance request,
compare the variance request with the review criteria of City Code 12-15-9, and make a
recommendation based on findings of fact to the City Council.
R fully ubmi ted,
Joe J ish -9
Community Development Director
Attachments
Draft Resolution of Approval
Draft Resolution of Denial
Site Location Map
Applicant's Materials
CC: Chuck Fields, email
Susan Anderson, email
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
A RESOLUTION APPROVING A VARIANCE FOR THE PROPERTY LOCATED AT PID#
20-32-24-14-0006 LEGALLY DESCRIBED AS FOLLOWS:
LAKERIDGE LOT 9 BLK 7 LAKERIDGE EASE TO CNTY OF ANOKA FOR RT OF ACCESS TO HWY NO
9(SUB] TO EASE AS SHOWN ON PLAT)
WHEREAS, Ed Field and Sons are the owners of a parcel of land with Parcel ID Number 20-32-
24-14-0006; and,
WHEREAS, Ed Fields and Sons have applied to the City for a variance for lot size of said
property; and,
WHEREAS, the proposal would vary from City Code 12-3-5: Minimum District Requirements
in that it would decrease the minimum lot size from 2.5 acres to 1.62 acres; and,
WHEREAS, the Andover Review Committee has reviewed the variance requests; and,
WHEREAS, pursuant to published and mailed notice thereof, the Planning and Zoning
Commission held a public hearing on April 25, 2023;
WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of
the variance request; and,
WHEREAS, the City Council completed a review of the variance request along with the
recommendation of the Planning and Zoning Commission; and,
WHEREAS, the City Council agrees with the recommendation of the Planning and Zoning
Commission and approves the variance request to decrease the minimum lot size from 2.5 acres
to 1.62 acres; and,
WHEREAS, based on the criteria for granting a variance under City Code 12-15-9, the City
Council finds the following findings of fact to support the approval of the variance requests:
1. The property owner proposes to the use the property in a reasonable manner not permitted
by an official control.
The applicant desires to be able to have a home built on the property after the road
improvement project. The roadway improvement project causes the need for the variance
as the additional right of way will reduce the lots size.
2. The plight of the landowner is due to circumstances unique to their property not created by
the landowner.
Anoka County Highway Department approached the landowner about the land acquisition
and would allow for a safer location as part of the widening and safety improvement
project. The new location of the roadway will allow for a full access intersection that will
benefit the entire neighborhood and properties on both sides of Round Lake Blvd. The road
improvement project will be beneficial for the entire community.
3. The variance, if granted, will not alter the essential character of the locality.
The lot currently could have a home on the property and the applicant is requesting to
maintain the ability to have a home on the property. Anoka County Highway Department
could have pursued Eminent Domain to acquire the property as the realignment has a
public benefit, even if a home existed today.
4. Economic considerations alone do not constitute practical difficulties.
While the applicant will receive economic incentives to negotiate a transaction with Anoka
County Highway Department, many properties and the general public will benefitfrom the
roadway improvement project. The property owner did not initiate the project. Anoka
County Highway Department is realigning the roadway creating the hardship to the
property owner. The new alignment will benefit to the safety of vehicles traveling Round
Lake Blvd. and will allow for a full access to the neighborhood.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby
approves the variance request with the following conditions:
1. Pursuant to City Code 12-15-9-E-6, if the City Council determines that no significant
progress has been made within the first twelve (12) months after the approval of the
variance, the variance will be null and void. Progress shall be determined by the creation
of the 1.62 acre lot.
Adopted by the City Council of the City of Andover this 2nd of May, 2023.
CITY OF ANDOVER CITY OF ANDOVER
Michelle Harter, City Clerk Sheri Bukkila, Mayor
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
A RESOLUTION DENYING A VARIANCE FOR THE PROPERTY LOCATED AT PID# 20-
32-24-14-0006 LEGALLY DESCRIBED AS FOLLOWS:
LAKERIDGE LOT 9 BLK 7 LAKERIDGE EASE TO CNTY OF ANOKA FOR RT OF ACCESS TO HWY NO
9(SUBI TO EASE AS SHOWN ON PLAT)
WHEREAS, Ed Field and Sons are the owners of a parcel of land with Parcel ID Number 20-32-
24-14-0006; and,
WHEREAS, Ed Fields and Sons have applied to the City for a variance for lot size of said
property; and
WHEREAS, the proposal would vary from City Code 12-3-5: Minimum District Requirements
in that it would decrease the minimum lot size from 2.5 acres to 1.62 acres; and,
WHEREAS, the Andover Review Committee has reviewed the variance requests; and,
WHEREAS, pursuant to published and mailed notice thereof, the Planning and Zoning
Commission held a public hearing on April 25, 2023;
WHEREAS, the Planning and Zoning Commission recommends to the City Council denial of the
variance request; and,
WHEREAS, the City Council completed a review of the variance request along with the
recommendation of the Planning and Zoning Commission; and,
WHEREAS, the City Council agrees with the recommendation of the Planning and Zoning
Commission and denies the variance request to decrease the minimum lot size from 2.5 acres to
1.62 acres; and,
WHEREAS, based on the criteria for granting a variance under City Code 12-15-9, the City
Council finds the following findings of fact to support the denial of the variance requests:
1.
2.
3.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby
denies the variance request to decrease the minimum lot width and minimum lot size on the
subject property.
Adopted by the City Council of the City of Andover this 2"a day of May, 2023.
CITY OF ANDOVER CITY OF ANDOVER
Michelle Harter, City Clerk Sheri Bukkila, Mayor
SITE LOCATION MAP
Applicants
�Q Property
N
In response to the review criteria of City code 12-15-9, section B 1 & 2
The purpose of the variance is to keep said lot as an R-1 single family rural residential zoned lot that can
be constructed upon in the manor and character of the surrounding homes.
The requested variance being applied for is due to a County Hwy widening and safety improvement
project that would require a portion of the said lot for drainage / ponding. An additional portion of this
property will be used for the re -alignment of 154th Ln and the new 154th Ln City of Andover right of way
to facilitate the re -alignment. This re -alignment is due to the Round Lake Blvd project safety
improvement project. As a result of this, the said lot would be decreased from the minimum 2.50 -acre
lot size to 1.62 -acres.
The remaining home site would meet requirements for a buildable site, including property line, well and
septic setback requirements.
In addition to the said variance, it is requested to extend the length of the terms of the variance from
the normal (1) year time frame to a (5-10) year time frame. This will allow a sufficient amount of time
for a residential house to be constructed as a condition of the variance.
•
NO
oil] Nva MM TATI
50079
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: Consider City Code Amendment — City Code 12-11:
Commercial/Industrial Permitted, Permitted Accessory, Conditional, Interim
and Prohibited Uses — Liquor Sales in Neighborhood Business Zoning District
— City of Andover (Applicant)
DATE: April 25, 2023
DISCUSSION
City Code 12-11 currently prohibits liquor licenses and off -sale liquor stores within the NB —
Neighborhood Business zoning district. The proposed amendment to City Code 12-11, if
approved, would allow liquor licenses and off -sale liquor stores as a conditional use within NB —
Neighborhood Business zoning districts that are contiguous and at least 5 -acres in size.
Adding liquor licenses and off -sale liquor stores as a conditional use would be consistent with
the requirements of other commercial and industrial zoning districts within the City and would
allow the Planning & Zoning Commission and City Council the ability to review potential
locations for these uses through a conditional use permit process. Since NB — Neighborhood
Business districts can sometimes be located in close proximity to residential neighborhoods, the
inclusion of the 5 -acre minimum district size would help to limit locations for liquor licenses and
off -sale liquor stores to those districts which may be large enough to accommodate the uses and
still consider their impact on adjacent residential properties. Liquor licenses and off -sale liquor
stores would also still have to comply with the requirements of City Code 3-1: Liquor Control
and Minnesota State Statutes. A copy of the City of Andover Zoning Map is attached for review.
ACTION REQUESTED
The Planning & Zoning Commission is requested to hold a public hearing on the proposed City
Code amendment and make a recommendation to the City Council.
Respectfully submitted,
Jake Griffith`s�
Associate Planner
Attachments
Draft Resolution of Approval
Draft Summary Ordinance for Publication
Zoning Map
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 11: COMMERCIAL/INDUSTRIAL PERMITTED, PERMITTED
ACCESSORY, CONDITIONAL, INTERIM AND PROHIBITED USES
CHAPTER 11
COMMERCIALIINDUSTRIAL PERMITTED, PERMITTED ACCESSORY, CONDITIONAL, INTERIM
AND PROHIBITED USES
P — Permitted Use
NB — Neighborhood Business
PW— Permitted Accessory Use
SC — Shopping Center
C — Conditional Use'
GB — General Business
F— Interim Use
I - Industrial
PUD — Planned Unit Development
NB
X — Prohibited Use
GB
If Use Not Specifically Listed or Provided for Elsewhere in the C
Code It Is Prohibited
Uses
ZoningDistricts
AUTO RELATED USES
NB
SC
GB
I
Automobile service stations in com Bance with Ci Code 12-8-4
C3
C2
C
C
Car wash automated
X
C
X
X
Car wash self service
X
X
P
P
Car wash, accesso to automobile service station
}{
p
p
p
School bus terminal
X
X
X
P
Transportation terminals or motor freight terminals
X
X
X
X
Vehicle sales new in Compliance with City Code 3-8
X
X
C
C
Vehicle sales used in Compliance with City Code 3-8
X
X
C
C
LIQUOR
NB
SC
GB
I
Liquor licenses in compliance with City Code 3-1
X C6
C
C
C
Liquor License, On -Sale Wine in compliance with Cily Code 3-1
C
C
C
Li uor stores, off -sale in compliance with City Code 3-1
X C6
C
C
C
X
RETAIL TRADE AND SERVICES
NB
Sc
GB
I
Adult use business as defined in Title 3, '-----7 of theCity Code
X
X
C
Barbersho s and beau salons
P
P
P
C
X
Cam ounds un clubs and ran es, arch ran es, racetracks
X
X
X
X
Christmas tree sales
I
I
I
Commercial recreation, indoors
p
p
p
I
Commercial recreation outdoors
C
C
C
p
C
Commercial ridin stables
X
X
X
X
Crematorium in compliance with definition under City Code 12-2
X
X
C
C
Da care centers Commercial
p
p
p
p
Da care centers(drop in
PA
PA
PA
PA
Drive in businesses or businesses with a drive throw h window
C
C
Dry Cleaning Processing (Amended Ord 323, 2-7-2006) in compliance with definition
C
C
under City Code 12-2
X
X
C
C
Financial institutions
P
P
P
P
Hotels and motels
C
C
C
C
Lumberyard
X
X
X
C
Medical and dental clinics
P
P
P
P
Medical clinic - continuous operation
C
C
C
C
Mortuaries and funeral homes without crematorium
P
P
P
P
Pawnbrokers- as defined in Title 3, Chapter 4 of the City Code
X
C
C
C
Precious metal dealers -as defined in City Code 34
X
C
C
C
Professional studios
P
P
P
P
Recreational vehicle, boat, and marine equipment sales
X
P
P
P
Rental businesses (Equipment)
I
I
P
P
Repair services as defined in City Code 12-2
P
P
P
P
Resorts
X
X
X
X
Restaurants/cafes
P
P
P
P
Restaurant with live entertainment
X
C
C
X
Retail trade and services
P
P
P
C
Secondhand goods dealers as defined in Title 3, Chapter 4 of this code
X
C
C
C
Theaters Indoors
X
P
P
P
Theaters Outdoors
X
X
X
X
Veterinary clinics no outside pens or animal storage)
C
C
P
P
SCHOOLS
NB
SC
GB
I
K-12
X
X
X
X
Post -Secondary Schools
C
C
C
C
Schools exceeding height maximum up to 45 feet in height
C
C
C
C
STORAGE
NB
SC
GB
I
Bulk fuel storage (tanks greater than 1,000 -gallon storage capacity) in compliance with
City Code 12-8-2
C
C
C
C
Highway construction materials (temporary processing and storage) in compliance
with City Code 12-16 compliance
I
I
I
I
Mini storage indoor storage only)
X
X
C
C
Outdoor display, storage, and sales
C
C
C
C
Outdoor display, storage, and sales- during operating hours only
C
C
C
C
Tires - Exterior stom a of waste tires
X
X
X
X
Tires - Interior storage of more than eight 8 waste tires
C
C
C
C
Toxic waste storage
X
X
X
X
UTILITIES
NB
SC
GB
I
Private utilities as, electric, phone, cable, etc. in Compliance with City Code 8-2
P
P
P
P
Private utility structures and/or uses electrical transmission lines, gas pipelines, etc.
C
C
C
C
Public utility uses for local service
P
P
P
P
OTHER
NB
SC
GB
I
Any incidental repair, processing, and storage necessary to conduct a permitted
commercial or industrial principal use but not to exceed thirty percent (30%) of the
floor areas ace of the principal building.
PA
PA
PA
PA
Antennas in excess of thirty-five feet (35') in height in compliance with City Code 9-
12
C
C
C
C
Buildings (Principal) exceeding height maximum subject to City Code 12-3-5
C
C
C
C
Contractors' Shops and Storage Yards'
CS
X
P
P
Religious Institution
X
C
C
X
Clubs and lodges
X
X
P
X
Continuous operation of a business
P
P
X°
X°
Excavation (Mining) greater than 400 cubic yards when no building permit has been
issued in compliance with City Code 12-13
I
I
I
I
Golf courses and driving ranges
X
X
X
X
Group Homes as regulated by State Statute
X
X
X
X
Junkyards
X
XX
X
Land Reclamation in compliance with Ci Code 12-13
I
I
I
I
Landfills
X
X
X
X
Manufacturin
X
X
P
P
Marinas
X
X
X
X
Offices
P
p
P
P
Publicly owned and operated property except as herein amended
P
P
P
p
Research laboratories
X
X
P
P
Swimming pools and recreation areas or structures
PA
PA
PA
PA
Uses which may be detrimental to the health, safety, and welfare of persons residing or
workingin the vicinity
X
X
X
X
Wholesale businesses
X
X
P
P
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
Solar Energy Systems and mounted
X
X
XX
Solar Energy Systems Lof mounted
PA
PA
PA
PA
Activities involving the storage, utilization or manufacture of materials or products
such as TNT or dynamite.
1
1
I
I
Notes:
I. 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 12-15-613 of this title.
2. 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.
3. 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.
4. Sec 12-2-2 for definitions of "Continuous Operation and Non -continuous Operation".
From November 15th to January I st continuous operation will be allowed in the General Business and
Industrial Zoning District.
5. Contractors' Shops and Storage Yards within NB — Neighborhood Business districts shall be located on
properties outside of the Metropolitan Urban Service Area (MUSA) boundary.
6. Provided the use is located within a contiguous NB -Neighborhood Business District that is at least
5 -acres in size.
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 2nd day of May 2023.
ATTEST:
Michelle Hartner, Deputy City Clerk
CITY OF ANDOVER:
Sheri Bukkila, Mayor
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO. XX SUMMARY
AN ORDINANCE ORDAINING AN AMENDMENT TO CITY CODE TITLE 12: ZONING
REGULATIONS, CHAPTER 11: COMMERCIAL/INDUSTRIAL PERMITTED,
PERMITTED ACCESSORY, CONDITIONAL, INTERIM AND PROHIBITED USES
STATUTORY AUTHORIZATION AND POLICY
Statutory Authorization
This ordinance amendment is adopted pursuant to the authorization and policies contained in
Minnesota Statute 412.
Policy
The purpose of the Ordinance is to protect the public health, safety, morals and welfare of residents
of the City of Andover. The amendment allows liquor licenses and off -sale liquor stores as a
conditional use within NB — Neighborhood Business zoning districts that are contiguous
and at least 5 -acres in size.
GENERAL PROVISIONS AND DEFINITIONS
Jurisdiction
The provisions of this ordinance shall apply to the City of Andover.
Enforcement
The City Administrator or his/her designee shall have the authority to enforce the provisions of
this ordinance.
Interpretation
Interpretation of the provisions of this ordinance shall be held to be the minimum requirements
and shall be liberally construed in the favor of the governing body.
A printed copy of this ordinance is available for inspection by any person during regular hours of
the City Clerk.
Adopted by the City Council of the City of Andover on this 2nd day of May 2023.
ATTEST: CITY OF ANDOVER
Michelle Hartner, Deputy City Clerk Sheri Bukkila, Mayor