HomeMy WebLinkAboutCC April 18, 2000
"- CITY of ANDOVER
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1685 CROSSTOWN BOULEVARD N.w. . ANDOVER, MINNESOTA 55304 . (612) 755-5100
Regular City Council Meeting - Tuesday, April 18, 2000 agenda
Call to Order - 7:00 PM
Resident Forum Bookmark
Agenda Approval Name
Consent Agenda
Approval of Minutes minutes
Discussion Items
1. Anoka County Sheriff Monthly Report sheriff
2. Public Hearing/98-11/Jay Street NW ph9811
3. Public HearingNacation of Easement/Ed Fields and Sons phvfield
4. Public HearinglInterim Ordinance Establishing a Moratorium/Multi-family Housing phmorato
5. Sketch Plan Review/Brooke Crossing PUD/Laurent Companies skplaur
6. Sketch Plan ReviewIWoodland WoodslWoodland Development skpwood
7. Discuss Ordinance 109/Snowmobiles ordlO9
8. Consider Variance Request (V AR 00-10)/2621 Bunker Lake Blvd. NW varOOlO
9. Reconsider Request/Street Lights/Langfeld's Oakridge Estates strlight
<J Staff, Committees, Commissions
10. City Bus Tour & Soil Boring DiscussionlOO-18lExtension of Andover Boulevard NW meetingOO18
Non-Discussion/Consent Items
11. Approve Lot Split/Variance(LSN AR 00-05)/17138 Aztec Street NW/Norton and Elfelt IsvOOO5
12. Approve Variance(V AR 00-02)/Side Yard Setback!3547 133rd Lane NWlHolte varOOO2
13. Approve Variance(V AR 00-03)/Lots & Ag Preserve/NE 1/4 of Section 28IEveland varOOO3
14. Approve V ariance(V AR 00-04 )/Rear Yard Setback! 143 xx Butternut Street NW /Semler Const. varOOO4
15. Approve Variance(V AR 00-05)/RoofPitch/14122 Prairie Road/Menth . varOOO5
16. Approve V ariance(V AR 00-06)/Rear Yard Setback4472 I 49th A venue NW!Donlin varOOO6
17. Accept Feasibility Report/OO-14/142XX Round Lake Blvd acptOO14
18. Award Bid/99-18/Shadowbrook 6th Addition bid9918
19. Accept Petition/00-20/24XX - 139th Avenue NW/WM petOO20
20. Approve 2000 Mowing Contract/City PropertieslWeed Abatement mowing
21. Vehicle Committee Recommendation vehicle
22. Approve Hiring/Summer Building Intem intern
Mayor/Council Input
Payment of Claims
Adjournment
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
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.J DATE: Aoril 18. 2000
AGENDA SECTION ORIGINATING DEPARTMENT
Approval of Minutes City Clerk )l;
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ITEM NO. U.
Approval of Minutes
The City Council is requested to approve the following minutes:
April 4, 2000 Regular Meeting (Orttel absent)
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CITY OF ANDOVER
REQUEST FOR COUNCil ACTION
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) DATE: April 18, 2000
AGENDA SECTION ORIGINATING DEPARTMENT
Discussion Administration
Richard Fursman
ITEM NO.
Anoka County Sheriff Monthly Report
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BACKGROUND:
Captain Larry Klink from the Anoka County Sheriffs Department will be present to provide the Council
and the citizens of Andover an update on happenings around the City.
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<5) CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
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) DATE: April 18. 2000
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AGENDA SECTION ORIGINATING DEPARTMENT
Discussion Item Scott Erickson,~l
ITEM NO,
Engineering
J~bliC Hearing/98-11/Jay Street NW
The City Council is requested to hold a public hearing at 7:00 PM for Project 98-11, for
watermain and sanitary sewer in the area of Jay Street NW.
Attached are the following:
-Resolution ordering improvement
-Letters to property owners with property owner's names
-Public Hearing Notice
This public hearing will be for improvements of watermain and sanitary sewer. A public
hearing was previously held for the street and storm sewer improvements (see attached
information). The project improvements have previously been completed for this project.
) Please note that trunk area and connection charges have not been included with the utility
assessments and will need to be collected at the time building permits would be issued.
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CITY OF ANDOVER
COUNTY OF ANOKA
, STATE OF MINNESOTA
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RES. NO.
MOTION by Councilmember to adopt the following:
A RESOLUTION ORDERING THE IMPROVEMENT AND APPROVING FINAL
PLANS AND SPECIFICAITONS FOR PROJECT NO. 98-11. JAY STREET NW .
WHEREAS, Resolution No. 070A-00 of the City Council adopted on the 21st
day of March ,2000, fixed a date for a public hearing; and
WHEREAS, pursuant to the required published and mailed notice such
hearing was held on the 18th day of April , 2000 ; and
WHEREAS, all persons desiring to be heard were given such opportunity for
same; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Andover to hereby order improvement and approving final plans and specifications
for Project No. 98-11
, MOTION seconded by Councilmember and adopted by the City
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Council at a reqular meeting this 18th day of April ,2000 , with
Councilmembers voting in
favor of the resolution, and Councilmembers voting
against, whereupon said resolution was declared passed.
CITY OF ANDOVER
ATTEST:
J.E. McKelvey - Mayor
Victoria Volk - City Clerk
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. JAY STREETNW ..
ANDOVER, MINNESOTA
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.' The:constfuctionwillutilii~ the TaxJncrem,eniFinanclngCfIF) funds,assess benefiting proRertieS'l3l1duse
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At thispointthe~stimated tcital'projectco,st is appr9ximate'IY$1,043,97LOci~' . ,. '. . . . .. . '
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The e~timated assessable costs .areapproximateIY$22,602.18 for yourpar6el(PJN '#34-32-24-41-0(08) .for,,~
. ."watermairfand'sClr]itary, sev;er.Thiscost can be a'sses;sedover,a :10 yea~'period'at ab~ut 7%.iritere~t or',.'
, the assessmentmay be' paid illfuHwithin 30 days, of the a'ssessnient hearing ,with nointerest.:. .'<:: ".,..
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," 'If.you would like to meet prior to the public hearing to discuss the project or assessments, please call to
schedule a meeting." ", , . ,,', ,
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. If y~'u have a~y '~uesti~~s', feel fr~e't~ contact 'me or Todd at 755-51 Dei'o'r Tom pr~w (TKDA) at (651 )292-
4400. ",' ,", ' ' . . .,'
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. ,'He:' installation of City Utilities Along Jay Street NW between CornmerciaLBoulevard'NWandBunl<erLake
.' . Boulevard NWlpcated in Wate's ~arden j\6re$forthe':rrnproV~meritof saflita,y s~wedProJect98-11
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De~'rpropertyOWner:'""
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A feasibilitY reportlias~beenprepared t"determine
mentionedabove/.' . . , . ,. '
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The cOrystructior will utilize .the ,Ta)(lncrement financir9 (TIF) ,fu[1ds, assess benefiting propertie$~ndLise, .
MunicipaIState'Aidfunds.." ..' . '. . . , .,., .', .
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Atlhis point thE;lestimatedtotalproject cost is approximately $1 ;043,971 ,00; . "
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....:; The estimated assessable costs are approxiniately $7,547 ,29foryour parcel(PIN#34~32-2441-001 O).for,
" .sanitarysewer.J,This cost can be assessed over a1 0 ye~r perlodatabout70/0 interest orthe.assessment
" \ , may be paid in full withiri 30 {j~rys of the,assessment hearing with :Jiointerest' '. '
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If you woUld )ike to meet prior to the public healing' to. discuss theprolectorassessments.. please call to
'9ched~lea~eeti,~~'( :.. ....<;,::..'.;<:':, . .':"';;..~;'''; ",.",'.,i;' .....,,',.,
'JfYOLJ;h~ve~ny' qyesti~ns', feei fre~ to ~oritact me~rToddii55-51 ODor Tom, er~vJ(TKDA)at (651)292-,
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:I , CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
- - DATE: AUQust 4, 1998
AGENDA SECTION ORIGINA TING DEPARTMENT
Discussion Item Scott Erickson,~
ITEM NO.
Engineering
\ ~UbIiC Hearing/98-11/Jay Street NW, Continued
The City Council is requested to continue the public hearing at 7:00 PM for Project 98-11, Jay
Street NW. The public hearing was tabled at the July 21, 1998 City Council meeting in order
for additional information to be provided for the Council's review.
The assessments for Jay Street, as presented in the feasibility report, were structured similarly
to the assessments for the Bunker Lake Boulevard Service Road (Project 93-30) which was
constructed in 1994, The way the assessments were structured for the Bunker Lake
Boulevard Service Road, a reduced assessment was provided to the adjacent properties.
Essentially, instead of the adjacent property owners paying for Y2 of the cost of the street and
utility construction, the assessment was reduced to Y4 of the street and utility construction (or a
- . 50% reduction in their assessments). The TIF district funded the balance.
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After revi~wing the meeting minutes for Project 93-30 (Bunker Lake Boulevard Service Road),
it is not Well documented as to the logic for this "modified" assessment. I have discussed this
with individuals here at the time the modified assessment was established and it appears it
may have been structured to facilitate the re-development of this area as this was a city
initiated project.
If the assessment "philosophy" for this area has changed since that time, it would be
necessary to restructure the assessment and modify the feasibility report for this project. A
separate hearing would then need to be held for the modified assessments.
Depending on the "philosophy" of the Council the following actions could be taken at this time:
1. Approve the assessment as proposed and order the project.
2, Direct that the assessments be adjusted to "not" include any reductions. Order an
amended feasibility report, (It should be noted that a new public hearing will need to be
ordered and held. This would delay the project and most likely not allow completion of the
project until next year.)
Approve the street and stormsewer portion of the assessment as proposed and order the
" ../ project. Order an amended feasibility report for the watermain and sanitary sewer portions
of the project and hold a new public hearing for these portions of the project. The project
would then continue on track for fall construction,
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CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
MdJIOI)! by Councilmember to adopt the following:
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A RESOLUTION ORDERING THE IMPROVEMENT OF PROJECT NO. 98-11. IN
THE JAY STREET NW AREA AND DIRECTING PREPARATION OF FINAL PLANS
AND SPECIFICATIONS,
WHEREAS, Resolution No. 145-98 of the City Council adopted on the 7th
day of ~, 19 98 . fixed a date for a public hearing; and
WHEREAS, pursuant to the required published and mailed notice such
hearing was held on the 21st day of Julv ,19~; and
WHEREAS, all persons desiring to be heard were given such opportunity for
same; and
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NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Andover to hereby order improvement Project No. 98-11
BE IT FURTHER RESOLVED by the City Council of the City of Andover to
hereby designate TKDA as the Engineer for this improvement arid they are
directed to prepare plans and specifications for such improvements.
MOTION seconded by Councilmember and adopted by the
City Council at a reqular meeting this 4th day of Auqust ,19~, with
Councilmembers voting in favor of the
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resolution, and Councilmembers voting
against, whereupon said resolution was declared passed.
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CITY OF ANDOVER
ATTEST:
'- / J.E. McKelvey - Mayor
Victoria Volk - City Clerk
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Regular Andover City Council Meeting
Minutes - August -I, 1998
Page 3
(Consent Agenda, Continued)
Item 24 Update of AgreementslIP97 -43/Hills of Bunker Lake Trail
Item 25 Update of No Parking!Gr~en Acres Park
Item 26 Approve Sale of All Used City Equipment'Vehicle, Old Office Equipment,
Etc.
Item 27 Approve Final PaymentlIP97-14 and IP96-27/Prairie Road/Bunker Lake
Boulevard and Oak View Middle School TraillHanson Boulevard (Resolution
R155-98)
Item 28 Approve Kennel License Renewal (Blue Collar St. Bernards)
Motion by Knight, Seconded by Dehn,. to approve the Consent Agenda. Motion carried
unanimously.
APPROVAL OF MINUTES
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, J July 2!, 1998. Regular A-feeting: Correct as written.
July 21, 1998, Special Meeting: Correct as written.
Motion by Knight. Seconded by Kunza, for approval. Motion carried on a 4-Yes, I-Present (Dehn)
vote.
PUBLIC HEARING: IP98-11/JA Y STREET NW/CONTINUED
7:47p.m. Mr. Erickson reviewed the concern of the COWlcil at the July 21 meeting over the amount
of assessments against the properties along Jay Street. The percentage of cost being assessed was
based on the same policy used in the Bunker Lake Boulevard Service Road project in 1994. In
researching the logic for the modified assessment, he could find no policy; but it appears the
assessments may have been structured to facilitate the redevelopment of the area as it was a City-
initiated project. rv1r. Erickson stated if the assessment philosophy for this area has changed since
then, it would be necessary to restructure the assessment and modify the feasibility report for this
project. A separate hearing would then need to be held for the modified assessments. He reviewed
three options for the COWlcil as outlined in the agenda material.
Councilmember Orttel felt the City needs to be very cautious about reducing the assessment in this
area. If it is done here, why shouldn't it be done for everyone else as well? He recommended going
. / ahead with the Jay Street project for the street and storm sewer portion of the assessment as proposed
but order an amended feasibility report for the watermain and sanitary sewer portions, holding a new
public hearing for those portions of the project. Mr. Erickson stated that way the project will stay
on track for fall construction. The other Councilmembers also agreed with Option 3.
Mayor McKelvey opened the hearing for public testimony. There was none.
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Regular Andover City Council Meeting
Minutes - August 4, 1998
Page -I
(Public Hearing: IP98-11/Jay Street NW, Continued)
Motion by KWlZa, Seconded by Dehn, to close the public hearing. Moti<m carried unanimously. 7:56
p.m.
Motion by Knight, Seconded by Kunza, that we go with Option 3, approving the street and storm
sewer portion and order an amended feasibility report for the water main and sanitary sewer portion.
(Resolution RI56-98) Motion carried on'a 4-Yes, I-No (Oehn) vote. Councilmember Oehn felt this
is changing the policy after the fact, and she had a problem with not being consistent.
Councilmember Orttel pointed out the assessment for the service road is not going to be changed,
but he did not think the policy used in that project should apply to this one unless it can be justified.
APPROVE PLANS AND SPECSIIP98-11/JA Y STREET
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, J Motion by Knight, Seconded by Orttel, to so move. (Resolution R157-98 approving fmal plans and
specs and ordering advertisement for bids for Project 98-11) Motion carried unanimously.
PUBLIC HEARING: IP98-I3A1FOX MEADOWS
8:00 p.m. Mr, Erickson reviewed the proposal to improve Fox Street NW which would be
incorporated with the project being done to improve the other streets in the neighborhood. The
petition is five of the seven residential lots in favor, one against and one unavailable. Two of the lots
are City park. Mayor McKelvey opened the public hearing.
Brad Siebold. 15801 Fox Street - is in favor of the project. He asked if it would be possible to pave
the parking lot in the Fox Meadows park in conjunction with this project. Mr. Erickson stated that
has not been factored into the project; but the Park and Recreation Commission should be
approached. There could be a savings by doing it with this project. The Council suggested the Park
Board consider paving the parking lot of the park with the project at this time as there would be a
savings in cost and it would eliminate the dust that would still be blowing in the area.
Mr. Siebold - asked the procedure for getting the 35-mph speed limit signs and children-at-play
signs. Mr. Erickson stated Staff will look at the speed limit signs and children-at-play signs in
, conjunction with the project. Council member Orttel suggested installing "No through traffic" signs
. /' on either end of the road to discourage cut-through traffic.
Motion by Kunza, Seconded by Oehn, to close the public hearing. Motion carried unanimously.
8:07 p.m.
./ CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE: April 18, 2000
AGENDA SECTION ORIGINATING DEPARTMENT
Discussion Item Planning
ITEM NO.
Public Hearing: John Hinzman
Vacation of Easement 00-01 City Planner
S. Swallow and Uplander Streets
North Valley Ridge
Request
The City Council is asked to hold a public hearing to vacate the "Swallow Street" and
"Uplander Street" road and utility easements as part of the preliminary plat of North
Valley Ridge. Please see the attached map and resolution for specific details.
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Staff Review
Swallow Street
The existing easement along Swallow Street was dedicated to the city to provide access
for an existing home. Public right-of-way dedication during the platting of North Valley
Ridge would eliminate the need for the easement.
Uplander Street
The extension ofthe Uplander Street temporary cul-de-sac during the platting of North
Valley Ridge renders the extra easement for turn-around purposes unnecessary.
Staff Recommendation
Staff recommends approval of the vacation of easement.
Attachments
. Resolution for approval
. Area location map
. Site location map
, . Vacation of easement application
) . Notice of public hearing
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
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.I RES. NO. R -00
A RESOLUTION GRANTING THE VACATION OF EASEMENT REQUEST OF ED
FIELDS AND SONS TO VACATE PORTIONS OF A ROAD AND UTILITY
EASEMENT ALSO KNOWN AS "SWALLOW STREET NW" AND "UPLANDER
STREETNW" IN THE SOUTHWEST QUARTER OF SECTION 15 AS PART OF
THE PRELIMINARY PLAT OF NORTH V ALLEY RIDGE.
WHEREAS, Ed Fields and Sons has requested to vacate the following road and utility
easements in the Southwest Quarter of Section 15 as part of the Preliminary Plat of North
Valley Ridge:
Swallow Street NW
The West 66 feet of the North 699.51 feet of the East 354.76 feet as measured
along the East and North lines respectively, of the Southwest Quarter of the
Southwest Quarter of Section 15, Township 32, Range 24, Anoka County,
Minnesota. And that part of said Southwest Quarter of the Southwest Quarter that
lies within the arc of a circle radius of 66 feet, the vertex point of which is at the
intersection of a line parallel with and distant 458.44 feet South of the North line
of said Southwest Quarter of Southwest Quarter, as measured along the East line
thereof, and a line parallel with and distant 288.76 feet West of the East line of
'. / said Southwest Quarter of Southwest Quarter, as measured along the north line
thereof.
Uplander Street NW
The south 100 feet of the west 17 feet of the east 289.99 feet ofthe West Half of
the Northwest Quarter of the Southwest Quarter of Section 15, Township 32,
Range 24, Anoka County, Minnesota, as measured parallel with the east and north
lines thereof, and the south 100 feet ofthe west 17 feet of the east 372.99 feet of
said West Half of the Northwest Quarter ofthe Southwest Quarter as measured
parallel with the east and north lines thereof.
WHEREAS, the City Council finds the request would not have a detrimental effect upon
the health, safety, moral, and general welfare of the City of Andover; and
WHEREAS, a public hearing was held and there was no opposition to the request.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover
hereby grants the vacation of the drainage and utility easement as requested subject to the
following conditions:
1) Public dedication ofright of way with the recording of the Final Plat of North
, , Valley Ridge to eliminate the need for said vacated road and utility easements as
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determined by the City Engineer.
. ~ ~ City of Vacation of Easement
Andover Swallow Street
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CITY of ANDOVER , .. , ,
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16BS CROSSTOWN BOULevARD N.W. · ANDOVER, MINNESOTA 55304.. (61,2) 755~5109.
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Property.Address--158th Avenue' '& Swa1.low:St:('eet. "',' ' ;,.: ,<':.., :. . .
. '. ',' . . . :, .': 4,: , - .:. ~ .~'.. :... ,... ,';..".,.: ,;.... ;<;.:' >. ~. ~~.: ." '.' ..~. .,':.:. I.:..~ \> ~:...~ ~~ :' .c::=:,:: .~~ .:. :':1. ;r'~' I .....>::.'.)>.'~.--.>~.~;.~:;~.~:~ ~:... .
Legal pescription qfProperty:' (FiiIin whichever is -appf~p'riate)'" :,::' ':,:, , <',~ "" "..:'
Lot Block.'Additiort" ," .,,:' ,:~.'.,~','o
. .. 'PIN:,:':"E~j;-2~"733:o:oli~ ..::,,-' ....~~~'~,~,:: ,:::,'~::,;.:~::.2:>::.o "': .;': :'-;:"':;'~\:'~:':; ;}:-\:~?i:,:~":;;;:-ij.>.:,
(If metes and bounds, attach the complete legid description) , ., '
Is the property Abstract or Torrens: (To v~rity rbis' call the Anoka 'cdunty offic~ at 323~5400 with
the property PIN number)
Abstract X T oerens
--
,
Reason for Request _ ,_
Realigning roads for residential subdivision ___________
.- -"---
Current Zoning R-1 (Urban Service Area) ..._ _____
.... .....---.. - ._-_.----..--....
Name of Applicant _ Edward,.xields_~,Sons, I?c.,__________________
Address -li42l....liQ.un_cL.1!'lke Bou,levar.<L...A.ndover, MN __553_Q~_,_,,,_
Home Phone --.iL~-1540 ___ Business Phone 422-154,0___ Fax 421-0173
't~ D"'~OC
03 . 00 17: 05'FR~~ITY OF ANDOVER ' v, ..
".. ;-,._-. -:.'
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V ACA TION OF EASE:MENT
PAGE 2
Property Owner (Fee Owner) Edward Fields & Sons, Inc.
(If different from above)
Address 15421 Round Lake Boulevard, Andover, MN 55304
Home Phone 422-1540 Business Phone 422-1540 Fax 421-0173
SjgDArure/~4 f'/:k~&7) Date /~~zSO
......... !7 - "
The following information shall be submitted prior to review by the City of Andover:
1. Signed application and scaled drawing showing the following:
a. Scale
, , b. North arrow
,
I c. Dimensions of the property and structures
d. Front, side, and rear yard building setbacks
e. Adjacent streets
f. Location and use of existing structures within 100 feet
Application Fee: $200.00
Anob COUnty Recording Fee:
Abstract property $25.00
Torrens property $40,00
Date Paid Receipt #
rcvis~d: 8/26/99
g:/ daca/stw/m bame ttlv aco fcas,doc
, /
NOTICE OF PUBLIC HEARING
, ,
The City Cmmcil of the City of Andover will hoid a public hearing at7:00 p.m.,ora$ ,
soon thereafter as can be heard, on Tuesday, April) 8, 2000 at Andover City Hall, 1685
" Crosstown Boulevard NW, Andov:er,', Minnesota to review request of Eel Fields and Sons
to vacat~ the following ro ad and utllityeasements also known as "Swallow Street" and
"Uplander Street" aspartofthe preliminary plat of North Valley Ridge, legally described
as follows:
Swallow Street N\y', ,'.' '" ',', " ",
The West 66feetqfthe North69~,5Ueet of the East 354,76 feet as measured along the East and
North Imes respectively, of the Southwest Quarter of the Southwest Quartet of Section 15, ,
Township 32, Range 24, Anoka CountY, Mimlesota. And that part of said Southwest Quarter of
theSouthwestQuart~r that lies within the arc ofacrrcle radius of 66 feet, the vertex point of " '
which is atthe intersection of ,dine paralIel with and distant 458.44 feet South of the, North line of .'
said SouthwestQUllrter of SouthwestQlIarter, as measured along the East line thereof, and a line,
paralIelwith anddistant 288.76 feet West of the E~st line of said SouthwestQuarter of Southwest
Quarter, as measured along the north line thereof,' '
, Uplander Street NW
The south 100 feet of the westl 7feet of the east 289.99 feet of the West Halrofthe Northwest'
Quarter of the Southwest Quarter of Section 15, Township 32, Range 24,Anoka County,
Minnesota,as measured paralIel with the east and north lines thereof, and the south 100 feet ofthe
west 17 feetofthe east372.99 feet of saidWest Half of the Northwest Quarter of the Southwest
Quarteras measured parallel ~ith the east and north lines thereof.
PIN 163224410001.0 PIN 153224320048.0 PIN 153224320008.0
HAUGLID RONALD D & E K BRICHACEK WAYNE L & SUSAN M SCOTT ALAN G & NANCY C
OR CURRENT RESIDENT OR CURRENT RESIDENT 3841122ND AVE NW
- -~ 161ST AVE 15944 UPLANDER ST COON RAPIDS, MN 55433
. 00VER, MN 55304 ANDOVER, MN 55304
PIN 153224320034,0 PIN 153224320035.0 PIN 153224320007.0
FRANCE JERRY S & JANELLE R WANOUS GARY D DUFFY SHAWN L & DEBRA J
OR CURRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT
15934 SWALLOW ST 15951 SWALLOW ST 15935 UPLANDER ST
ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304
PIN 153224320042.0 PIN 153224310021.0 PIN 153224310022,0
, KUDUK GERALD W & H R BOWERS MICHAEL D FOX DUANE A & JILL M
OR CURRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT
2204 159TH LN 2158 159TH LN 2144 159TH LN
ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304
PIN 153224310023,0 PIN 153224320038,0 PIN 153224320047,0
LUND DARRELL J MERCHLEWICZ JOSEPH L & P M KABAT JERENE K
OR CURRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT
2128 159TH LN 15920 SWALLOW ST 15924 UPLANDER ST
ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304
PIN 153224320028,0 PIN 153224320040,0 PIN 153224320027.0
SCHEMPF JAY C & PEGGY A FRITZ CHRISTOPHER J VANGSTAD TIMOTHY J
OR CURRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT
15921 UPLANDER ST 15921 SWALLOW ST 15914 UPLANDER ST
ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304
, ''',
, I
PIN 153224320036.0 PIN 223224220006.0 PIN 153224330003.0
HANSON WARREN L BENNINGTON DANIEL W JR & C R FIELDS GARY F & DIANE M
OR CURRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT
15914 SWALLOW ST 15638RAVENST 15884 UPLANDER ST
ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304
PIN 153224330001.0 PIN 223224210010,0 PIN 223224210011.0
ED FIELDS & SONS INC DICKISON KEVIN C & KIMBERLY K FLUTH BRIAN AND HEIDI
15421 ROUND LAKE BLVDNW OR CURRENT RESIDENT OR CURRENT RESIDENT
ANDOVER, MN 55304 15629 RAVEN ST 15667 RAVEN ST
ANDOVER, MN 55304 ANDOVER, MN 55304
PIN 153224340014,0 PIN 153224330005,0 PIN 2232,24220005.0
NIGHTINGALE PARmERS HMOWR FIELDS JOHN A & JAMES E WHEELER JEFFERY A & KARI A
ASN OR CURRENT RESIDENT OR CURRENT RESIDENT
840 WBROADWAY AVE 15787 SWALLOWST 15670 RAVEN ST
FOREST LAKE, MN 55025 ANDOVER, MN 55304 ANDOVER, MN 55304
PIN 153224340013.0 PIN 153224340011.0 PIN 153224340012.0
MORTON DAVID D & VICKI L SWANSON THOMAS C & T AMM:IE A W ALZ MICHAEL A & ALIDA L
OR CURRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT
2161157TH LN 2146 157TH LN 2176 157TH LN
ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304
, ,
. )
CuRRENT RESIDENT
15859 SWALLOW ST
ANDOVER, MN 55304
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
/ DATE: April 18. 2000
AGENDA SECTION ORIGINATING DEPARTMENT
Discussion Planning
ITEM NO. ~, David L. Carlberg
Community Development Director
Public Hearing - Ordinance No. 255
An Ordinance Establishing a One Year Moratorium
on Multi-family Housing
The City Council is asked to hold a public hearing on the attached ordinance which establishes a one
year moratorium on all multi-family housing in excess of two units per building. Also, no multi-family
housing development will be allowed at a density of more than four units per acre.
The moratorium is being considered to allow the City the time to prepare the necessary policies and
ordinances to regulate multi-family housing in light of the recent adoption of housing goals for the City
and the resulting integration and implementation of these goals in the Andover Comprehensive Plan and
official controls (ordinances).
" Attached please find a request from Dave Harris to exempt his project from the moratorium
J
/
/
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO. 255
AN INTERIM ORDINANCE REGULATING THE USE AND DEVELOPMENT
OF LAND WITHIN THE CITY OF ANDOVER FOR THE PURPOSE OF
PROTECTING THE PLANNING PROCESS AND THE HEALTH, SAFETY
AND WELFARE OF THE CITY.
The City Council of the City of Andover does hereby ordain:
Section 1. Legislative Findin!!s of Fact.
The City of Andover, Minnesota, a predominantly residential community has
sustained considerable urban residential development. On March 6, 2000, the City
Council adopted housing goals for the City of Andover as required by the
" Metropolitan Council as a part of the updating of the Andover Comprehensive Plan.
, ) The housing goals provide for a substantial increase in the number of multi-family
housing units within the City over the next ten years. The City Council of the City of
Andover has committed to the integration and implementation of the housing goals
within the Andover Comprehensive Plan. Based on this commitment, the City
Council deems it necessary to study, prepare and recommend for hearing and adoption
new and amended ordinances, policies and regulations which are necessary measures
for effectuating the Comprehensive Plan. The City finds that unless reasonable
measures are taken for a reasonable interim period to protect the public interest by
preserving the integrity of said plan until the appropriate amendments to ordinances,
policies and regulations are adopted it will destroy the integrity of the Comprehensive
Plan and its basic purpose, need and effect.
Section 2. Le!!islative Intent.
It is the intention of the City Council to protect the Comprehensive Plan, proposed
amendments thereto, and their implementation by hereby adopting, pursuant to the
authority vested in the Council by Minnesota Statutes, Section 462.355 an interim
ordinance for a reasonable time during consideration of the aforementioned
Comprehensive Plan, proposed amendments, ordinances, policies and regulations for
the City, to protect the public health, safety and welfare ofthe community.
,
./
/
Page Two
Interim Ordinance
April 18, 2000
Section 3. Affected Area: sUDersedes.
This Ordinance shall apply to and govern all lands within the City for the purpose of
protecting the planning process and the health, safety and welfare of the City for a
period of one year from the date of adoption. Those properties in which preliminary
plats have been approved by the City Council that provide for multi-family housing
units shall be allowed to develop and shall be exempt from the moratorium provided
the preliminary plat was approved prior to April 18, 2000. This ordinance, during its
effective period, shall replace and supersede provisions in all other ordinances and
regulations applicable to the City of Andover which are in conflict or inconsistent
with the provisions herein. All ordinances and provisions therein which are not in
conflict with the terms and conditions of this ordinance shall continue in full force and
effect.
, '.
, I
Section 4. Scope of Control.
Except as hereinafter provided in this ordinance, during the period of April 18. 2000
through April 18. 2001:
Neither the Planning and Zoning Commission of the City of Andover or the City
Council shall review sketch plans or grant any preliminary plat approval to a
subdivision of multi-family housing in excess of two units per building. Nor shall
said Commission or Council review sketch plans or grant any preliminary plat
approval to a subdivision of multi- family housing that exceeds a density of four
units per acre.
Section 5. Penalties.
Any person, firm, entity, or corporation who violates any provisions of this ordinance
shall be subject to the penalties and enforcement provisions set forth in Ordinance No.
10, Section 18 of the City of Andover.
\
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/
Page Three
Interim Ordinance
April 18, 2000
Section 6. Validitv.
The validity of any word, sentence, section, clause, paragraph, part or provision of
this ordinance shall not affect the validity of any other part of this ordinance which
can be given effect without such invalid part or parts.
Section 7. Effective Date.
This ordinance shall take effect upon adoption and publication as required by law.
Adopted by the City Council of the City of Andover on this 18th day of April, 2000.
CITY OF ANDOVER
"
/
ATTEST: J.E. McKelvey, Mayor
Victoria V olk, City Clerk
\
/
; April 10, 2000
/ I RECEIVED
APR 1 1 2000
Hon. Mayor Jack McKelvey
% City of Andover CITY OF ANDOVER
1685 Crosstown Blvd. NW
Andover, MN 55304
Dear Mayor McKelvey,
I respectively request that you do not place my Town House Project lots in you
moratorium. A considerable effort has been made in preparing plans and
specifications to enable me to present this proposal to your Planning Commission
and Council. To the best of my knowledge I have met to date all the requests of
your staff. As you aware, considerable costs have been incurred in preparing plans
and specifications for this proposed project.
As I have indicated at both Council Meeting presentations I am willing to work with
your staff and planning department to develop this property. I was under the
impression that we were talking about a few weeks to resolve any questions about
\ this plan before proceeding with a preliminary plat. I am prepared to present this
/ proposed plat anytime at your request. It certainly was my understanding that your
staff and consultants would have a report and recommendations with in a short
period of time and certainly not require a years building moratorium. For all these
reasons it seem very unfair to delay this project for one year.
I believe that the project I have planned will compliment any development plans the
City will have for this area. The value of this project exceeds one million dollars
and will provide a strong focus in improving the surrounding properties.
I wish to thank you in advance for your consideration of this request.
SincllY
It !JJJ~
4avid Harris
,
/
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
J DATE: April 18. 2000
AGENDA SECTION ORIGINATING DEPARTMENT
Discussion Community Development
ITEM NO. 6, David L. Carlberg
Community Development Director
Sketch Plan - Brooke Crossing
Planned Unit Development - Section 3
Laurent Companies
Request
The City Council is requested to review and comment on the sketch plan of the Planned Unit
Development of Brooke Crossing located in Section 3 as being proposed by Laurent
Development Companies. The sketch plan consists of 60 single family rural residential lots on
138.57 acres ofland.
\ Planning and Zoning Commission Review
. )
The Planning and Zoning Commission reviewed the sketch plan on March 28, 2000. The
Commission was divided on whether or not the PUD was appropriate in this situation. The
Commission was concerned with the density and size oflots being proposed. The Commission
also indicated that 177th Avenue NW and the MSA status needs to be discussed by the Council.
Attached is the staff report presented to the Commission for background information. Also
attached is the minutes from the meeting.
Neighborhood Meeting
Tery Forbord of Laurent Development Companies held a neighborhood meeting on the project at City
Hall on Wednesday, April 12, 2000. As a result of the meeting, the developer has submitted Plan B for
Council discussion. Mr. Forbord will be presenting the project to the Council at the meeting.
Park and Recreation Commission Review
The Park and Recreation Commission reviewed the sketch plan at their April 6, 2000 meeting.
The Commission is recommending the acceptance of cash in lieu of land.
/
'J ~ City of Brooke Crossing
Andover Sketch Plan
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-
CITY OF ANDOVER
REQUEST FOR PLANNING COMMISSION Affi~
. . MarcIi 000 .
,
DATE
AGENDA ITEM ORIGINA TING DEPARTMENT APPROVED FOR
4. Public Hearing: Sketch Plan Community Development AGENDA
Brooke Crossing - PUD David 1. Carlberg
Laurent Companies Community Development Director
BY: BY:
Request
The Planning and Zoning Commission is requested to review the proposed sketch
plan of the Brooke Crossing Planned Unit Development located in Section 3 as
presented by Laurent Companies.
General Comments
\ * The proposed sketch plan consists of 60 single family rural residential lots on
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138.57 acres.
* The proposed sketch plan is located in an R-l, Single Family Rural Zoning
District. The minimum lot size standard in an R-l District is 2.5 acres. Ordinance
No. 112, Regulating Planned Unit Developments allows lots below the minimum
lot size provided the overall gross density does not exceed the distri,ct requirement.
Ordinance No. 112 also allows up to a 20% density increase (see attached).
* A Special Use Permit will be required in accordance with Ordinance No. 112 to
develop a PUD.
* The property is currently enrolled in the Agricultural Preserve Program. The
property~il1 be decertified on September 9,2000.
* A Comprehensive plan amendment will be required to change the land use
designation from A, Agricultural Preserve to RR, Rural Residential.
* All lots shall be required to meet the provisions of Ordinance No. 10, Section
\ 9.06a(3) which relates to buildability requirements.
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* The Water Resource Management Plan shall be implemented with the
development.
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Page Two
Sketch Plan - Brooke Crossing PUD
Section 3
Laurent Companies
Planning and Zoning Commission Meeting
March 28, 2000
* The 1, 10 & 100 year flood elevations shall be identified on the preliminary plat.
In addition drainage and utility easements are required for the 100 year flood
elevations:
* The developer and/or owner is responsible to obtain all necessary permits
(Minnesota Department of Natural Resources, U.S. Army Corp of Engineers,
Lower Rum River Watershed Management Organization (LRRWMO), Minnesota
Pollution Control Agency, LGU and any other agency that may have an interest in
'\ the site). Initial contact shall be made with the City Engineering Department
, j regarding this item.
* Wetlands within the proposed development must be delineated by agencies and
indicated on the preliminary plat. The Local Government Unit is the Lower Rum
River Watershed Management Organization (LRRWMO). The LRRWMO will
verify and approve the wetland delineation. The developer shall contact the
LRRWMO to discuss the 1991 Wetland Conservation Act that is in effect.
* The developer is required to meet the following City Ordinances and all other
applicable ordinances:
Ordinance No.8, the Zoning Ordinance
Ordinance No. 10, the Platting and Subdividing Ordinance
Ordinance No. 112, Planned Unit Developments
Ordinance No. 114, Wetland Buffer Ordinance
Ordinance No. 214, Diseased Shade Tree Ord. & Tree Preservation Policy
Park and Recreation Commission Review
The Commission will be reviewing the sketch plan at their April 6, 2000 meeting.
'\ The Commission will most likely be recommending the acceptance of cash in lieu
'. ) of land.
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Page Three
Sketch Plan - Brooke Crossing PUD
Section 3
Laurent Companies
Planning and Zoning Commission Meeting
March 28, 2000
Andover Review Committee Comments
The Andover Review Committee (ARC) met on Thursday, March 16,2000 to
discuss the sketch plan. Comments from the meeting are as follows:
* Street names do not match city grid.
* Street right-of-way width in an rural area is 60' not 50' as proposed.
\
, ) * Connect cul-de-sac street labeled Northcross Way to the west to 180th Avenue
NW.
* Eliminate street connection of Mahoney Brook Drive to Hanson. Access to
Hanson should be made via 177th Avenue NW. Southcross Way or Oakwood
Court needs to be extended to 177th Avenue NW to accomplish this connection.
* A discussion will be needed on the designation of 177th Avenue NW as a
Municipal State Aid (MSA) road. The roadway is currently gravel. Two lots (1 &
2, Block 1) front onto this road. Direct access to an MSA road is generally not
permitted to allow the street to function as a collector street.
* ARC recommends the developer sketch the property to the west of 177th
Avenue NW in accordance with Ordinance No: 10, Section 6.04.
* Eliminate bulb or bubble cul-de-sac on Field Cress Pass serving Lots 3-4, Block
8.
* Trails along 181 st Avenue NW and Hanson need to be examined.
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Page Four
Sketch Plan - Brooke Crossing PUD
Section 3
Laurent Companies
Planning and Zoning Commission Meeting
March 28, 2000
* Trails within the development need to be identified as public or private as a part
ofthe association documents. ARC recommends a 10' wide trail constructed of
bituminous.
* Setbacks for an R-1 District are not being met. The front yard and side yard
setbacks from a street are 40' and 25' is proposed. Rear yard setback is 50' and
30' is proposed. Deviations from these setbacks can be granted as a part of the
PUD.
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, * Buildability oflots will need to be examined. Ordinance No. 10, requires a
150'x150' building pad (22,500 s.f.) plus two 5,000 s.f. septic areas.
It should be noted that some of the above listed items will need to be addressed as
a part of the sketch plan review and some of the items will need to be addressed as
a part of the preliminary plat application and review. The ARC is listing these
items at this time for discussion purposes.
The Planning and Zoning Commission should remember that this item has not
been studied by staff in detail as most of the detail will be reviewed as a part of the
preliminary plat.
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f3(;)()'r-e CfiJS5/llj lot- l
PIN 23224220007,0 PIN 33224110001.0 PIN 33224120002.0
IfThlTZE HAROLD G & SHARON CURRENT RESIDENT KOWALSKI EDWARD J JR
/UIqlliNT RESIDENT 1.610 181E1T A Vf. OR CURRENT RESIDENT
i990 181Si' AVE "
',' L " 181ST AVE , ANDOVER, MN 55304
r.
ANDOVER, MN 55304 ANDOVER, MN 55304
PIN 33224210005,0 PIN 33224210004,0 PIN 23224220003,0
ALMENDINGER KIMBAL & CAROL BURK WILLIAM C & BEVERLY A SKWAREKDANIEL A & JANET B
OR CURRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT
18041 OSAGE ST 18040 OSAGE ST 18017 HANSON BLVD
ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304
PIN 33224210009,0 PIN 33224210006,0 PIN 23224220004,0
SCHLEGEL GLEN M & REBECCA JOHNSON ROBERT C & BRENDA L BRAY DALE D & LILLY J
OR CURRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT
17976 OSAGE CT . 17975 OSAGE CT 17947 HANSON BLVD
ANDOVER, MN 55304 ANDOVER,MN 55304 ANDOVER, MN55304' ,..
PIN 33224210007.0 PIN 23224220005,0 PIN 33224240006,0
SCHNEBERGER JOSEPH & LEILA PRYOR REGINALD A & JEANNINA A LEMKE GARY D & NANCY L
OR CURRENT RESIDENT 3551 OWASSO ST #107 OR CURRENT RESIDENT
17953 OSAGE CT SHOREVIEW, MN 55126 2135177THLN
ANDOVER, MN 55304 ANDOVER, MN 55304
PIN 33224110001.0 PIN 23224230008,0 PIN 23224230002,0
TONY EMMERlCH CONSTRUCTION ARP GARY E & LAURA A M MUTIEL PETER T & ANNETIE L
10738 HANSON BLVD NW OR CURRENT RESIDENT 1 MAE LANE
r ,)N RAPIDS, MN 55433 17845 HANSON BLVD TOPSHAM, ME 04086
, / ANDOVER, MN 55304
PIN 23224230007.0 PIN 33224140005,0 PIN 23224230002.0
ARNTZEN W ALTER L & PHYLLIS SNYDER LEE A & SUE E MUTIEL PETER T & ANNETTE L
OR CURRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT
178] 7 HANSON BLVD 17802 HANSON BLVD 17745 HANSON BLVD
ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304
PIN 33224140006,0 PIN 33224140007.0 PIN 33224310009,0
ORR KENNETH L & IRENE C TKHORUK NIKOLA Y & MARlY A BAUM DAVID T & DEBORAH J
OR CURRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT
17734 HANSON BLVD 1755177THAVE 17679 PARTRIDGE ST
ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304
PIN 33224120003,0 PIN 33224410001.0 PIN 33224410002.0
EMMERlCHPAUL A & LISA K GLATI JAMES J & BARBARA ANN GRAY WILLIAM R & SUSAN K
OR CURRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT
1814181ST AVE 1750 177THAVE 1700 177THAVE
ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304
PIN 33224410005,0 PIN 33224310010,0
SABA RODNEY P & JACKIE A BAUER LISA A SAM LUCAST
OR CURRENT RESIDENT OR CURRENT RESIDENT CITY OF OAK GROVE
1640 177THAVE 17641 PARTRIDGE ST 19900 NIGHTINGALE ST
ANDOVER, MN 55304 ANDOVER, MN 55304 CEDAR, MN 5501 1
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WAYNE LEE MICHAEL & DEANNA MALAMEN
170] 181sT AVE 18549 FLAMINGO ST
CEDAR, MN 55011 CEDAR, MN 55011
7. Staging of Public and Common Open Space. When a PUD provides
for common or public open space and is planned as a staged
development over a period of time, the total area of common or
public open space or land escrow security in any stage of
development shall, at a minimum, bear the same relationship to the
total open space to be provided in the entire PUD as the stages or
units completed or under development bear to the entire PUD.
~~ensitv. The density of a PUD shall conform to the regulations of
, the zoning district in which,the land and project are located and .shall
be based on the net buildable area (exclude streets), except that
density increases of up to five (5%) percent (20% maximum total)
may be allowed for each category listed below at the discretion of the
City Council, as an incentive for the developer to include the
following features hereby determined to be a benefit to the public.
a. Significant undeveloped common open space.
r " ~ b. Significant improved common open space.
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( ,. c. Distinctiveness and excellence in setting design and landscaping.
d. Architectural sty Ie and overall appearance, and compatibility of
individual buildings to other site elements or to surrounding
development
9. Staging of Development. Whenever a PUD is to be developed in
stages, the density of the stages when totalled shall not exceed the
proposed residential density of the entire PUD. The City may
require a developer to record a restrictive covenant in favor of the . ~
City to insure that all stages or phases will be developed within the
overall density for the entire PUD.
10. Utilities. All utilities shall conform to the design standards of
Ordinance No.10, the Subdividing and Platting Ordinance and other
applicable design standards on file with the City. All utilities,
including, but not limited to, telephone, electricity, gas, and
, telecable shall be installed underground.
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11. City Utilities. All city utilities including water, sanitary sewer,
( storm sewer and streets shall be designed, installed and maintained
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Regular Andover Planning and Zoning Commission Meeting
, Minutes - March 28, 2000
- ) Page 2
Community Development Director, Dave Carlberg called on a representative from Laurent
Companies who in turn called on his business partner, Terry Forebord to present the Sketch Plan
of the proposed Brooke Crossing Planned Unit Development.
Mr. Forebord began his presentation by giving a brief history of the company and explaining that
most oftheir developments have been in the western suburbs and consisted of special projects.
He stated that they like to avoid subdividing property, since it typically results in slicing up the
land. Mr, Forebord explained that they will go through the neighborhood taking a look at the
land and space available to determine the best plan for the City and community. His presentation
consisted of numerous drawings and maps to give a detailed picture of what the people could
expect of the development. Some of the amenities the development will include are a bridge
over a culvert, trails, enhanced street lighting, tot lot, groupings of mailboxes, and a stonewall
located at the main entrances. He mentioned that the development would also have an
Association where the homeowners would pay a montWy fee to maintain the tot lot and the main
entrances to the development. Mr. Forebord explained that it is possible to provide these
amenities because the development is a POO. He also stated that by developing a PUD with the
homes closer together it is possible to maintain the rural atmosphere since the homeowners will
look out onto wetlands and wildlife, whereas if the land is subdivided these opportunities are not
) available.
PUBLIC HEARING: SKETCH PLAN BROOKE CROSSING - PLANNED UNIT
DEVELOPMENT - LAURENT COMPANIES - 60 LOTS ON 138.57 ACRES.
Mr. Carlberg provided an overview of the proposed development. He explained that the
proposed sketch plan consists of 60 single-farmly rural residential lots on 138.57 acres. The
proposed sketch plan is located in an R-l, single-family rural zoning district. The minimum lot
size standard in an R-l district is 2.5 acres. Ordinance No. 112, regulating plaImed unit
developments allows lots below the minimum lot size provided the overall gross density does not
exceed the district requirement Ordinance No. 112 also allows up to a 20% density increase,
which was further explained in the staff report.
Mr. Carlberg stated that a special use permit will be required in accordance with ordinance No.
112 to develop a PUD. He further mentioned that the property is currently emolled in the
'agricultural preserve program. The property will be decertified on September 9, 2000. Mr.
Carlberg explained that a comprehensive plan amendment will be required to change the land use
designation from A, Agricultural preserve to RR, Rural Residential. Furthermore, all lots shall
be required to meet the provisions of ordinance No. 10, section 9.06a(3) that relates to buildablity
requirements.
Mr. Carlberg mentioned that the Water Resource Management plan shall be implemented with
/ the development, and the 1, 10, and laO-year flood elevations shall be identified on the
preliminary plat. In addition drainage and utility easements are required for the lOa-year flood
Regular Andover Planning and Zoning Commission Meeting
\ Minutes - March 28, 2000
, Page 3
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elevations. He also explained that the developer and/or owner is responsible to obtain all
necessary permits prior to ani development
Mr. Carlberg stated that the wetlands within the proposed development must be delineated by
agencies and indicated on the preliminary plat. The Local Government Unit is the Lower Rum
River Watershed Management Organization (LRRWMO). The LRRWMO will verify and
approve the wetland delineation.
Mr. Carlberg stated that the developer is required to meet a number of City Ordinances in order
to be approved for the site. He also explained that the Park and Recreation Commission would
be reviewing the sketch plan at their April 6, 2000 meeting. It was mentioned that the
Commission would most likely be recommending the acceptance of cash in lieu of land.
Mr. Carlberg explained that the Andover Review Committee met on March 16,2000 to discuss
the sketch plan. Some of the comments from the meeting are as follows: street names do not
match City grid, street right-of-way width in an rural area is 60' not 50' as proposed, connect
cul-de-sac street labeled Northcross Way to the west to 180th Avenue NW. Another comment
was to eliminate the street connection of Mahoney Brook Drive to Hanson, and instead access to
Hanson should be made via 177th Avenue NW. In order to make this connection possible
\ Southcross Way or Oakwood Court would need to extend to 177th Avenue NW. Another
, J comment was that discussion would be needed on the designation of 177th Avenue NW as a
Municipal State Aid Road, Some other comments were: to recommend the developer sketch the
property to the west of 177th Avenue NW, eliminate bulb or bubble cul-de-sac on Field Cress
Pass serving lots 3-4 block 8, trails along 181st Avenue NW and Hanson need to be examined,
trails need to be identified as a public or private, setbacks for an R-l District are not being met
and deviations from these setbacks can be granted as a part of the PUD, and buildability of lots
will need to be examined. He mentioned that some of the items listed will need to be addressed
as a part of the sketch plan review and some of the items will need to be addressed as part of the
preliminary plat application and review.
Motion by Kirchoff, seconded by Daninger, to open the public hearing at 7:55 p.m. Motion
carried on a 4-ayes, O-nays, 3-absent vote.
Richard Jenkins, 171h Lane NW, stated concerns regarding the size o~the lots. He believes the
PUD development sounds great, however is concerned with the access to Hanson via 1 77th Lane
NW. He mentioned that with all the small children in the neighborhood and with his child
having special developmental needs, it becomes a concern for safety.
Lauren Homenson, 17111 Lane NW, stated the development looks great if you're a developer.
She mentioned that her concern is with 177t11 Lane NW connecting with Hanson Boulevard. Her
'\ reasoning for the concern is due to the increase in speed and level of traffic.
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Regular Andover Planning and Zoning Commission Meeting
Minutes - March 28, 2000
I Page 4
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Dave Sawlers, 180'h Avenue, questioned as to why the City doesn't stick to the Ordinances that
already exist, because when he moved to his current property it was a requirement to have a 2.5-
acre lot. He spoke concerns regarding a number of issues such as: increased street lighting,
increased housing density, and the future possibility of City water and sewer, Mr. Sawlers
expressed that the appearance of a culvert is a rural amenity and the people in our community
appreciate the rural appearance. He stated that a development like this affects a lot of people due
to the increase in traffic levels, future developments, and future water and sewer. Mr. Sawlers
stated that they ended up here by choice buying 2.5 acres lots, and. therefore doesn't want the
higher density homes adjacent to our homes. He referred to the developer's statement regarding
the new PUD development having a wholistic look, however he believes there is nothing more
wholistic then the farm adjacent to his property.
Lisa Kowalski, 1990 181S! A ve1tue, stated concerns with 1 80th Lane since it is located in her
backyard, Furthermore, she questioned whether or not the tot lot and trails would be available to
the children in the adjoining neighborhoods since they are also affected by the development.
Also mentioned was that the schools may need to be notified since the increase in homes will
increase the future numbers for the School District.
, Dave Jazurski, 180'h Avenue, mentioned concerns regarding the future look of the development.
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/ He stated that concerns with neighborhood having a residential look instead of a rural community
atmosphere. Furthermore, he questioned why the City of Andover is not complying with the
Ordinances that already exist.
Lily Grant, , expressed concern about the neighborhood not maintaining the look
of a rural community if there is an increase in streetlights. She was also concerned with the
preservation ofthe wetlands and wildlife, which is what so many people enjoy and find relaxing.
Furthermore, she mentioned that putting in a drainage system would only destroy these wetlands
and take away what most people enjoy most about their property. Other concerns she had been:
the grading of roads, the amount of dirt need to develop the road, the septic systems, and the
future quality of water.
,Gary Lunthia, 2125 17"f!' Lane, stated he owns the property to the west of the development and
is concerned with the future trails, since their property is adjacent to the trails and people often
tend to wander off the trails. He was also concerned with l77th Lane being a through street,
since he has a child that would be riding his bike in the area, in addition to tlle road possibly
running through his property. Mr. Lunthia explained that the increase in traffic on 1 77th Lane
would impact their neighborhood greatly due to the large amount of children. His only other
concern was with the Association Dues, and how the amount of dues would be estab lished per
property ovmer.
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Regular Andover Planning and Zoning Commission Meeting
Minutes - March 28,2000
, ,
) Page 5
Miles Lubrant, 171h Lane, stated he lives right across the street from Gary Lunthia. He
mentioned concerns with 177th Lane possibly being a through street and what the implications it
will cause due to an increase in traffic levels.
Louie Gray, 17'f1' Lane NW, made comments regarding the decrease in minimum lot size in
comparison to when they moved to Andover. He explained that it used to be a requirement to
have a 2.5-acre lot in order to build within their community; the large lots were partly the reason
they decided to move to Andover. Mr. Gray also mentioned concern with the storm ponds,
wells, and septic due to the increase in density of homes being proposed in the development. He
stated concern about the engineering plan of the ponds, since the ponds are a critical part of the
wildlife habitat and if not developed and preserved correctly we will loose the wildlife. Finally,
he questioned as to who would pay for the installation of 177th Lane connecting to Hanson
Boulevard, and in turn the increase in speed the road will cause since it would be, a through
street.
Bill Wagner, 17750 Swallow Circle, stated there was no notification to the communities in the
area, He stated that the development directly involves the communities in the surrounding areas
and therefore neighboring developments need to be infonned of any public hearings concerning
\ the development. Finally, he explained that there is nothing that will benefit the surrounding
, ) communities as a whole since there will be a dramatic increase in traffic in the area and with all
the young children it will only pose as a safety hazard.
Nancy Lemke, 2135 171h Lane, expressed concern as to how the two lots on 177th Lane will be
integrated into the plan,
Martita Stumright, 171h Lane, expressed concern regarding the size of lots they are proposing
when in prior years it was mandatory to have a minimum 2,5-acre lot in order to build, Other
concerns were the proposal of 177th Lane being a through street, and the future quality of water
in the area since there will be an increase in septic systems in the area due to increased housing
density.
Rodney Saba, 1640 171h Avenue, stated his concern regarding the proposed lot sizes in the
development, and the condition of the road adjacent to a farmer at .the end of the street. He
mentioned that the road would require a minimum of a ton road since the farmer has large
equipment necessary for his lifestyle; furthennore the increase in traffic will be too much for the
street to even handle.
Rick Rosar, 1800 Vale Street, explained that he is located beyond the boundaries of the
notification area but feels the area concerns a much larger area, He stated concern with the size
, of lots, since they would be inconsistent with neighboring areas and would decrease the property
, ) value for the current property owners,
Regular Andover Planning and Zoning Commission Meeting
, Minutes - March 28, 2000
\ Page 6
I
Mr. Carlberg explained that state regulations require everyone within 350 feet of the property
line to be informed of any public hearings. However, the City is looking at expanding that
notification rule since it is becoming a problem in our rural community.
Mr. Sawlers stated that this development is being proposed in a rural area and since it is much
more urbanized it doesn't belong in our area.
Ms. Kowalski stated her concern with the urbanized development going up in a rural area, in
addition to the proposal of 180th Avenue being a through street since it is on two sides of her
property.
Sitar Henski, 181'1 Street, stated it is important that the board base their decision based on what
it is best for the community, the City and the property owners, since all are directly affected.
Todd Karaft, 1718 Uplander Street, stated they decided to move to Andover to a 2.5-acre lot
since they had children and enjoyed the rural community, however the proposed development is
like an urban island trying to fit in a rural area.
\ Ai Mogenson, 17th Lane, stated in the past he had created a petition to convince the City that a
, ) speed limit sign was necessary on 177th Lane, however it fell through and all that was offered
was a "watch for children sign". He mentioned that the level of speed would only increase on
I 77th Lane if it becomes a through street. Finally, he raised concern on the impact the additional
60 homes will have on the School District in future years.
Joe Snaber, 1795 Osage Street, questioned the developer on the prices of the lots, and the type
of homes proposed for the development. He also stated concern with the size of lots since it use
to be mandatory to build on a 2.5 acre lot, and what the increased density of homes will do to the
quality of water in the area.
Mary Saxon, , challenged the developer to visit their neighborhood to witness the
welcome feel received while the neighbors all converse, and the children play.
Linda Gray, , questioned the developer as to how many trees will be taken down in
order to create the new development. She explained that the trees are what make a neighborhood
and if the oak trees, etc. are taken down in the development the new trees take 15-20 years to fill
out, as a result giving the development a "new" look for years.
Richard , 17J'1' Lane, stated his concern with the route into the neighborhood is via
Hanson Boulevard and 181 st, which will directly affect the property owners in the surrounding
areas. He stated that the people who already live there like things they way they are; however
/ with the recommendation the City Staff is making will only increase the problem of traffic
control.
Regular Andover Planning and Zoning Commission Meeting
Minutes - March 28, 2000
, / Page 7
Mr. Forebord explained that the area proposed for the development has no interior access from
the parcel to the Upland area. He stated that it would not be environmentally sound to do so,
however the City does plan to extend the road someday. It was mentioned that the staff report
states there would be state aid in the extension of the road, however it is important that the whole
area doesn't get developed at one time. Due to the location of those lots the City has not
decided those issues and when the lots are developed that is when the decisions will be made.
Mr. Forebord responded to the questions and concems of the audience. He explained that what is
more important than the size of lots developed is the feeling one gets when walking through a
neighborhood, Also mentioned was that the objective of using a PUD is to have more open
space surrounding the development, which gives the area a more open feeling. He stated that by
offering a variety of amenities the not only will the development gain but so will the City, Mr.
Forebord explained that the price of homes in the development will start at $300,000 and will be
single-family homes.
Mr. Forebord stated that they don't believe it is necessary to have lights everywhere, but also feel
that there are locations that street lights can be a plus and act as an enhancement. He explained
\ that they are proposing the lighting chosen sheds light downward and not upward, and if the City
, ) decides not to have lighting that is also acceptable. Mr. Forebord explained that the septic
systems design has evolved immensely in recent years; therefore the systems installed far surpass
the quality of any system older than five years.
Mr. Forebord explained that a PUD is a perfect solution to protect the wetlands. He explained
that by keeping the lots closer together allows the housing to keep further from the wetlands. It
was stressed that every commitment is being made to the City to protect the wetlands, sewers,
and quality of water.
Mr. Forebord stated the rural nature is important to them, and the intent is not to make it urban
however if one were to drive two minutes from the site the community looks very rural. He
mentioned that it is a possibility to sit down with the City and discuss the possibilities of making
the,development have a more rural look. He brought up that the community of Andover and the
City's Zoning Code allows the changes in Ordinances to take place. Mr. Forebord mentioned
that if the City Council, Planning Commission, and Park Board feel it is better not to have a
Homeowners Association, we would be willing to discuss other options. It is important to
understand the reason for a Homeowners Association is to have the funds to maintain areas of the
development the City would not, for example the main entrances and the tot lot.
Mr. Forebord stated they are open to discussing whether or not the trails would be public or
private.
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Regular Andover Planning and Zoning Commission Meeting
Minutes - March 28, 2000
j Page 8
Chair Squires questioned if the association maintains the tot lot and trails would members be the
only people allowed utilizing the tot lot and walkways. Mr. Forebord explained if the
Association maintains the tot lot and trails, then people from other neighborhoods will not be
welcomed and encouraged to utilize these features.
Mr. Forebord explained he couldn't respond to any questions regarding the School District, since
it does not involve him as a developer. He stated that the amount of grading of roads will be kept
to a minimum, but explained that it is impossible at this time to know the extent of grading that
will be necessary. Mr. Forebord mentioned the ponds would require a treatment for the amount
of storm water. The pond flow and rate will be managed, and the City will mandate those
regulations. Their goal is to make the pond an amenity since it is a necessary to have one, but
they do not plan to affect the water table in any way.
Mr. Forebord explained the reason the trails lacked detail in his presentation is because this is
only a sketch plan, and as the plans become more detailed so will the trails. He stated that trails
can be a benefit if people use them, however they can be a negative if they are too close to
property or invade privacy of other property owners. These issues will all be addressed as the
plan is perfected. It was also mentioned they plan to preserve as many trees as possible in the
\ development, but don't have the details as to exactly how many trees will need to be taken down
, ) in the process of developing.
Sharon Hense, , questioned who would be paying the Association for the use of the
tot lot and trails. In addition she asked who would be responsible for plowing the streets in the
winter. Mr. Forebord explained that the streets are City streets therefore the City would be
responsible for plowing.
Mr. Jenkins stated he hopes the conununication lines to the public continues to improve since it
is necessary for surrounding neighborhoods to know when meetings take place.
Mr. Carlberg explained the process when a new development is proposed. He stated that the City
of Andover involves the residents in a very early stage of the planning process. The City
requires input from the public, which is not always common in other cities, He stressed that tlllS ,
is only the beginning of the process and the next step will be discussed at the April 18, 2000 City
Council meeting,
Ms, Kowalski questioned if it was necessary to put all this money into tlle amenities of the
development, and suggested instead of putting the money into the School Districts.
Gary Lemke, 2135 177th Lane, stated his concerns regarding a traffic issue on Round Lake
Boulevard. Mr. Carlberg explained that the City doesn't have engineers currently available to
/ respond to the issue on Round Lake Boulevard. He stated that 177th Lane does show going
further west on the map, and that he would take his comments to the City Staff and City Council.
Regular Andover Planning and Zoning Commission Meeting
Minutes - March 28, 2000
! Page 9
j
Mr. Sawlers stated his complaint is with the City since it used to be mandatory to build on a
minimum lot size of 2.5 acres, and now those ordinances are being ammended. He urged the
Commission to recommend to the Council to maintain and enforce the 2.5-acre minimum lot size
regulation.
There was no further public input.
Motion by Hedin, seconded by Daninger, to close the public hearing at 9:34 p.m. Motion carried
on a 4-ayes, O-nays, 3-absent vote.
Commissioner Daninger questioned the proposal of 177th Lane being a through street, and when
it plans to be addressed to City Council.
Mr, Carlberg explained that l77th Lane will need to be address if it will remain as a state aid
road and if so the City Council will need to give direction at the next City Council meeting on
April 18, 2000, Therefore, any recommendations the Commission has should be forwarded to
the ne},,'i Council meeting.
\
, " Commissioner Daninger questioned what the PUD not meeting the Metropolitan Council's
regulations means.
Mr, Carlberg explained the regulations of the Metropolitan Council, and stated that this
development does not meet the density requirements since they are based on a 1 for 10 rule.
However, it is important to understand that 10 years ago Andover wasn't complying 'VIith the 1
for 10 rule.
Chair Squires questioned if the project requires approval from the Metropolitan Council. Mr.
Carlberg stated that the project itself doesn't require approval, however, the land change issues
will require their approval.
Chair Squires questioned if it is necessary the Metropolitan Council be informed. Mr _ Carlberg
stated that he doesn't feel it is required to inform the Metropolitan Council of the specifics, but
states we usually do give them an update,
Commissioner Hedin questioned what the 1 for 10 rule represents, if for example 60 units are
equivalent to 600 acres and if it is a request of the Metropolitan Council. Mr, Carlberg stated he
was correct.
Commissioner Daninger questioned if there is currently a PUD next to a 2.5-acre development
, / within the Andover City limits. Mr. Carlberg mentioned that Timber River Estates is a PUD
adjacent to a rural development.
Regular Andover Planning and Zoning Commission Meeting
\ Minutes - March 28, 2000
/ Page 10
Commissioner Daninger questioned if the Park Board will review the park related concerns, Mr.
Carlberg stated that the Park Board will be involved in the park concerns.
Commissioner Daninger questioned why the staff recommended to extend the streets. Mr.
Carlberg explained that typically when there is a cul-de-sac created, it is usually with the intent
to extend it at some point in the future.
Commissioner Daninger suggested another possibility to look at would be to utilize Oakwood
Court as an extension through to Hanson Boulevard instead of 177th Lane.
Commissioner Daninger questioned when it will be available to know whether or not the 150
x150 building pad will be required. Mr. Carlberg stated that the number oflots may go down to
50, but at this time we don't have the details to determine the outcome.
Commissioner Kirchoff questioned if 180th A venue was not a through street, and then would
there be a cul-de-sac, Mr. Carlberg explained that it is whole different issue, however there is
not a plan for a cul-de-sac at this time.
'I
, J Commissioner Hedin stated concerns with the development creating a cramped feeling, which is
,exactly what the community doesn't want for the City. Furthermore, he was concerned with the
septic systems being so close together and will this cause future problems. It was also mentioned
the possibilities of conflicts that may arise with 177th Lane being a through street.
Commissioner Daninger questioned what steps need to be taken. Mr. Carlberg explained that the
developers plan need to be recommended to the City Council if the Planning Commission so
decides. In addition it is necessary for the Commission to state any concerns or comments
regarding the 177th Lane connection, therefore the Council will have direction.
Chair Squires questioned if the Commission believes the standards and PUD ordinances have
been met on the developer's behalf.
Chair Squires made a special exception to open the public hearing once again for one specific
individual to make a comment.
Mr. Forebord explained that the only alternative to a PUD is a subdivision. The benefit of a
PUD is that lot lines can be extended into the area where there aren't any lots, wh.ich would
allow for larger lots. However, since property owners like to have flexibility in what they do on
their property, the City would need to put restrictions on those areas for environmental reasons.
"- This is the key to a PUD, since extending the lots it helps to protect those areas to ma.intain the
. I wetlands. Mr. Forebord believes that enviromnentaUy it is better to have smaller lots.
Regular Andover Planning and Zoning Commission Meeting
Minutes - March 28, 2000
) Page 11
Commissioner Daninger stated that he is comfortable with the PUD with the number of lots
between 35-60 lots, however he has a number of concerns,
Chair Squires stated that to preserve the existing wetlands would be a definite argument to
support the project. He explained that if a developer can propose smaller lots in a POO in order
to preserve and maintain the wetlands, they would have a selling point to the public.
Commissioner Hedin mentioned that tlle PUD plan is beautiful, however would be better served
in MUSA lots since the reason why people move out of the City is for larger lots.
Commissioner Kirchoff stated that something is going to develop out in these areas eventually.
It is important to remember that the developer is proposing an agriculture preserve which will
maintain a portion of the wetlands.
Commissioner Hedin questioned how many buildable lots are possible on this site. He also
mentioned if it wouldn't be possible to take the amount of acres available and divide it into as
many 2.5-acre lots that there is land available.
! Chair Squires stated that the developer will not see Commissioner Hedin's suggestion as
J economically feasible.
Commissioner Hedin stated so because it isn't economically feasible lets put in a PUD and
increase the density, even though the communities surrounding the site are opposed.
Commissioner Daninger questioned if the developer created a plan using 2.5 acres lots, which
would give the board something to compare the plan against.
Mr, Forebord stated that they did not create a plan using 2.5-acre lots, however he did present
proposal using 52 lots instead of 60, It was mentioned that 52 lots would be a minimum number
of lots proposed.
Commissioner Daninger recommended that 177th Lane needs to be further look at as possible
through street.
Commissioner Kirchoff explained that something is going to develop there and ultimately l77th
Lane will be a through street. He also mentioned that the comments and concerns of the public
need to be discussed further and taken into consideration, however he recommended the proposal
is brought before the City Council.
Commissioner Hedin stated tllat he is uncomfortable with the increase in density, and therefore
I was unsure iftlle PUD proposed is the best solution for the site discussed. It was also stated that
/
Regular Andover Planning and Zoning Commission Meeting
Minutes - March 28, 2000
\ Page 12
,
the PUD may be a good solution if there were some changes in the roads, setbacks, andlevel of
density .
Commissioner Daninger stated that it is a beautiful PUD, however, the more he hears and the
more it is discussed the more opposed he is becoming.
Chair Squires focused his comments on the MSA rule. He stated that he encourages the City
Council to look into another east/west through street, also determine if even two streets are
necessary and if not then eliminate from the plan. Furthermore, he questioned whether or not
now is the appropriate time to put 177th through as a street at this time.
Mr. Carlberg explained that the City Council needs to consider the need for 177th Lane as a
through street, and if so figure out the finances and timeline for the road.
Chair Squires summarized that the Planning Commission had no majority recommendation to the
Council. He stated that the Commission is divided on whether or not the PUD is a good solution
in this situation. He reviewed some of the Commission's main concerns are the size of lots
proposed and 177th Lane being recommended by staff as a through street.
, \
, I Mr. Carlberg stated that staff will tie some of the "loose ends" together that were discussed prior
to the City Council meeting on April 18, 2000.
Mr, Forebord thanked the Commission and the audience for their time. He also asked them to
consider the proposal and reminded them the plan is only a sketch plan and revisions are
possible.
Chair Squires called a recess at 10:25 p.m.
Chair Squires reconvened the meeting 10:35 p.m.
PRESENTATION: WOODLAND WOODS - 73 LOT, SINGLE FAMILY URBAN
RESIDENTIAL LOTS - PRESENTATION BY WOODLAND DEVELOPMENT INe.
Mr. Carlberg called on Byron Westlund, a representative from Woodland Development
Company to present the proposed sketch plan of "Woodland Woods" to the Planning
Commission.
Mr. Westlund presented a brief overview of the proposed sketch plan for the Woodland Woods
development.
I
, J Chair Squires questioned if the substreet lines up with 159th Avenue, as it exists today. Mr.
Carlberg pointed out tlle location of the site on the map, answering Chair Squires question.
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
\ DATE: April 18. 2000
J
AGENDA SECTION ORIGINA TING DEPARTMENT
Discussion Community Development
ITEM NO. David L. Carlberg
U/, Community Development Director
Sketch Plan - Woodland Woods
Section 14
Woodland Development
The City Council is requested to review and comment on the sketch plan of Woodland Woods
located in Section 14 as being proposed by Woodland Development. The sketch plan consists
of73 single family urban lots on 39.84 acres.
Planning and Zoning Commission Review
The Planning and Zoning Commission reviewed the sketch plan on March 28, 2000. The
, '\ Commission generally agreed with the recommendations and comments from the Andover
/ Review Committee. The two main concerns of the Commission were the MSA street
designation from 161st Avenue NW to Crosstown Blvd. NW, and the temporary cul-de-sac of
156th Lane NW to the south in the Chesterton Commons Third Addition plat. Attached is the
staff report presented to the Commission for background information. Also attached is the
minutes from the meeting.
Park and Recreation Commission Review
The Park and Recreation Commission reviewed the sketch plan at their April 6, 2000 meeting.
The Commission is recommending the acceptance of cash in lieu of land.
I
- ./
, ~ City of Woodland Woods
. Andover Sketch Plan
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LEG END ~~';t l(,~ N Sources:
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, .. ~ /- Andover GIS
O 350 M.,hng Bound.", "A A k C I GIS
\ I I~ -1--' JI'.. no a ouny
- '" CITJ Properties Not~ied Site Lo~tion.,'7;"P" . c; t ~ ~ ~ ~
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~ Map Date: March 13, 2000
.
"
CITY OF ANDOVER
REQUEST FOR PLANNING COMMISSION ACTI~
' March 2, 000
DATE
AGENDA 'ITEM ORIGINATING DEPARTMENT APPROVED FOR
6. Public Hearing: Sketch Plan Community Development AGENDA.
Woodland Woods David 1. Carlberg ,
Woodland Development, Inc. Community Development Director
BY: ' BY:
Request
The Planning and Zoning Comrrllssion is requested to review the proposed sketch
plan of Woodland Woods located in Section 14 as presented by Woodland
Development, Inc.
General Comments
\ * The proposed sketch plan consists of73 single family urban residential lots on
) 39.84 acres.
: The proposed sketch plan is located it). an R-l, Single Family Rural Zoning
District. The property will need to be rezoned to R-4, Single Family Urban, In an
R-4 District, the minimum lot size is 11,400 square feet.
* The proposed sketch plan is not consistent with the Existing Andover
Comprehensive Plan Land Use Plan as the propertY is designated as RR,
Residential Rural and is located outside the Metropolitan Urban Service Area
(MUSA), However, the Draft Comprehensive Plan currently before the
Metropolitan Council shows the sketch plan to be consistent with the Land Use
Plan, RU, Residential Urban Single Family and is located in the MUSA (2000-
2005 time frame).
* The property will be required to develop in accordance with the Development
Policy Guideline.
* All lots shall be required to meet the provisions of Ordinance No. 10, Section
9.06a(1) which relates to buiIdabiIity requirements. In addition, the front 100 feet
of each lot must be buildable which is a standard the City uses for lots developed
/ with municipal sewer and water.
)
Page Two
Sketch Plan - Woodland Vi oods
Section 14
Woodland Development, Inc.
Planning and Zoning Commission Meeting
March 28, 2000
* The Water Resource Management Plan shall be implemented with the
development.
* The 1, 10 & 100 year flood elevations shall be identified on the preliminary plat.
In addition drainage and utility easements are required for the 100 year flood
, elevations.
* The developer and/or owner is responsible to obtain all necessary permits
(Minnesota Department of Natural Resources, U.S. Army Corp of Engineers, Coon
\ Creek Watershed District, Minnesota Pollution Control Agency, LGU and any
\. ) other agency that may have an interest in the site). Initial contact shall be made
with the City Engineering Department regarding this item.
* Wetlands within the proposed development must be delineated by agencies and
indicated on the preliminary plat. The Local Government Unit (LGU) is the Coon
Creek Watershed District (CCWD) who will need to verify the wetland
delineation, The developer shall contact the CCWD to discuss the 1991 Wetland
Conservation Act that is in effect.
* The developer is required to meet the following City Ordinances and all other
applicable ordinances:
Ordinance No.8, the Zoning Ordinance
Ordinance No. 10, the Platting and Subdividing Ordinance
Ordinance No. 114, Wetland Buffer Ordinance
Ordinance No. 214, Diseased Shade Tree Ord. & Tree Preservation Policy
Park and Recreation Commission Review
"- The Commission will be reviewing the sketch plan at their April 6, 2000 meeting.
)
,
)
Page Three
Sketch Plan - Woodland Woods
Section 14
Woodland Development, Inc.
Planning and Zoning Commission Meeting
March 28, 2000
Andover Review Committee Comments
The Andover Review Committee (ARC) met on Thursday, March 16,2000 to
discuss the sketch plan. Comments from the meeting are as follows:
* The review committee recommends that the developer sketch adjacent lands as
provided in Ordinance 10, Section 6.04.
, * Concern with the street extension in the center of the plan to the west to Hanson.
, ) Creates a long straight street to Hanson creating a potential safety issue (speed).
* The extension of 156th Lane NW out of the Chesterton Commons Third
Addition to the south needs to be discussed with the Commission.
* The existing house and accessory structures located on Lot 7, Block 6 will need
to conform to the setbacks for an R-4, Single Family Urban District. Existing
septic and wells will need to be abandoned in compliance with all applicable
codes and procedures. In addition, the shed on lot 4, Block 6 will need to be
removed.
* A Municipal State Aid road designation exists to the east of the plan from 161 st
Avenue NW (County Road No. 20) to Crosstown Blvd, NW (County Road No.
18).
* A trail is planned along 161st Avenue NW (Co. RD. 20).
* Neighborhood park may be needed to serve this area. Park Commission will
need to evaluate.
J
,
\
J
Page Four
Sketch Plan - Woodland Woods
Section 14
Woodland Development, Inc.
Planning and Zoning Commission Meeting
March 28, 2000
It should be noted that some of the above listed items will need to be addressed as
a part of the sketch plan review and some of the items will need to be addressed as
a part of the preliminary plat application and review. The ARC is listing these
items at this time for discussion purposes,
The Planning and Zoning Commission should remember that this item has not
been studied by staff in detail as most of the detail will be reviewed as a part of the
preliminary plat.
\
,
,
J
PIN 143224120004.0 PIN 143224240002.0 PIN 143224130002.0
BOYUM LOREITA MARY * EMMERICH LAWRENCE F & KAREN DAVIS RICKY A & JOAN M
()~ CURRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT
, /161ST AVE. 1341 161ST AVE 1177161ST AVE
f. JOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304
PIN 143224310003.0 PIN 233224120001.0 PIN 143224310002,0
PETERSON DONALD H KOZLOWSKI ESTATE HORST DAVID E & GERALDINE M
OR CURRENT RESIDENT 22770 320TH ST OR CURRENT RESIDENT
1374161ST AVE RED WING, MN 55066 1292 161ST AVE
ANDOVER, MN 55304 ANDOVER, MN 55304
PIN 143224420005,0 PIN 233224210053.0 PIN 233224120001.0
SAGVOLD DURWOOD H & LORNA J ASHFORD DEVELOP CORP INC KOZLOWSKI SOPHIE
OR CURRENT RESIDENT 3640 152ND LANE OR CURRENT RESIDENT
1092 161ST AVE ANDOVER, MN 55304 1021 CROSSTOWN BLVD
ANDOVER, MN 55304 ANDOVER, MN 55304
STEVE SWENSON DUANE MATZEK SW WOLD CONSTRUCTION
COUNSELOR REALTY COUNSELOR REALTY 901 WHWY 10
13601 80TH CIR N 3200 MAIN ST NW SUITE 107
MAPLE GROVE, MN 55369 SUITE 240 ANOKA,MN 55303
COON RAPIDS, MN 55448
HAMPTON HOMES TRADITION HOMES PIN 143224340001
15670 RAVEN ST NW 3745 1521\'0 LN LASHINSKl JAMES M & JANET L
1326 161sT AVENW
J.lWOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304
/
MARY MCCAR1NEY
10460 PALM STNW
COON RAPIDS, MN 55433
/
Regular Andover Planning and Zoning Commission Meeting
) Minutes - March 28,2000
, Page 12
the PUD may be a good solution if there were some changes in the roads, setbacks, andlevel of
density.
Commissioner Daninger stated that it is a beautiful PUD, however, the more he hears and the'
more it is discussed the more opposed he is becoming.
Chair Squires focused his comments on the MSA rule. He stated that he encourages the City
Council to look into another east/west through street, also determine if even two streets are
necessary and if not then eliminate from the plan. Furthermore, he questioned whether or not
now is the appropriate time to put 177tl1 through as a street at this time.
Mr. Carlberg explained that the City Council needs to consider the need for 177th Lane as a
through street, and if so figure out the finances and timeline for the road.
Chair Squires summarized that the Planning Commission had no majority recommendation to the
Council. He stated that the Commission is divided on whether or not the PUD is a good solution
in this situation. He reviewed some of the Commission's main concerns are the size of lots
proposed and 177th Lane being recommended by staff as a through street.
'\
)
Mr. Carlberg stated that staff will tie some of the "loose ends" together that were discussed prior
to the City Council meeting on April 18, 2000.
Mr. Forebord thanked the Commission and the audience for their time. He also asked them to
consider the proposal and reminded them the plan is only a sketch plan and revisions are
possible.
Chair Squires called a recess at 10:25 p.m.
Chair Squires reconvened the meeting 10:35 p.m.
PRESENTATION: WOODLAND WOODS - 73 LOT, SINGLE FAMILY URBAN
RESIDENTIAL LOTS - PRESENTATION BY WOODLAND DEVELOPMENT INC.
Mr. Carlberg called on Byron Westlund, a representative from Woodland Development
Company to present the proposed sketch plan of "Woodland Woods" to the Planning
Commission.
Mr. Westlund presented a brief overview of the proposed sketch plan for the Woodland Woods
development.
'.
, / Chair Squires questioned if the sub street lines up with 159th Avenue, as it exists today. Mr.
Carlberg pointed out the location of the site on the map, answering Chair Squires questi on.
Regular Andover Planning and Zoning Commission Meeting
Minutes - March 28, 2000
\ Page 13
/
Mr. Westlund stated they have received comments from the Andover Review Committee. He
pointed out the wetland locations on the site, and explained they hope to preserve them as much
as possible.
PUBLIC HEARING: SKETCH PLAN - WOODLAND WOODS - 39.84 ACRES -
WOODLAND DEVELOPMENT, INC.
Mr. Carlberg presented the staff report. He began by reviewing the proposed sketch plan of
Woodland Woods located in Section 14. He stated that the proposed sketch plan consists of73
single-family urban residential lots on 39.84 acres. The proposed sketch plan is located in R-I,
Single Family Rural Zoning District. The property will need to be rezoned to R-4, Single Family
Urban. In R-4 district, the minimum lot size is 11,400 square feet. The proposed sketch plan is
not consistent with the existing Andover comprehensive plan as the property is designated as RR,
Residential Rural and is located outside the Metropolitan Urban Service Area (MUSA).
However, the draft comprehensive plan currently before the Metropolitan Council shows the
sketch plan to be consistent with the land use plan, RU, Residential Urban Single Family and is
located in the MUSA (2000-2005 time frame).
\
) Mr. Carlberg explained that the property will be required to develop in accordance with the
development policy guideline. All lots shall be required to meet the provisions of Ordinance No.
10, Section 9.06a(1) that relates to buildability requirements, In addition, the front 100 feet of
each lot must be buildable which is a standard the City ,uses for lots developed with municipal
sewer and water. He also stated that the water resource management plan shall be implemented
with the development, and the 1, 10, and 1 DO-year flood elevations shall be identified on the
preliminary plat. In addition drainage and utility easements are required for the 100-year flood
elevations.
Mr, Carlberg mentioned that the developer and/or owner are responsible to obtain all necessary
pemlits prior to any development. The wetlands within the proposed development must be
delineated by agencies and indicated on the preliminary plat. The Local Government Unit
(LGU) is the Coon Creek Watershed District (CC\VD) who will need to verify the, wetland
delineation. The developer shall contact the CC\VD to discuss the 1991 Wetland Conservation'
Act.
Mr, Carlberg stated that the developer will be required to meet a number of City Ordinances
prior to approval of the plan. He mentioned that the Park and Recreation Commission will be
reviewing the sketch plan at their April 6, 2000 meeting.
Mr. Carlberg stated that the Andover Review Committee met on Thursday, March 16,2000 to
. .J discuss the sketch plan, The comments from the meeting are as follows: the developer should
sketch adjacent lands as provided in Ordinance 10 - Section 6.04, concern with the street
Regular Andover Planning and Zoning Commission Meeting
, Minutes - March 28,2000
) Page 14
extension in the center of the plan to the west to Hanson Boulevard, the extension of 1 56th Lane
NW out of the Chesterton Commons Third Addition to the south needs to be discussed, the
existing house and accessory structures located on lot 7 - block 6 will need to conform to the
setbacks for an R-4, single-family urban district along with existing septic and wells will need to
be abandoned in compliance with all applicable codes and procedures, the shed on lot 4- block 6
will ne.ed to be removed, a Municipal State Aid road designation is being discussed to the east of
,the plan from 161st Avenue NW to Crosstovm Boulevard NW, a trail is planned along 161st
Avenue NW, and a neighborhood park may be needed to serve this area. Mr. Carlberg
mentioned that some of the items listed will need to be addressed as a part of the sketch plan
review and some will need to be addressed as part of the preliminary plat application and review.
Commissioner Hedin questioned what road would run through the development. Mr. Carlberg
explained that one of these will need to be extended into a through street.
Motion by Hedin, seconded by Daninger, to open the public hearing at 10:51 p.m. Motion
carried on a 4-ayes, O-nays, 3-absent vote.
Lawrence Emmerich, 1341 161st Avenue, stated he is uncomfortable with how they left the cul-
, \ de-sac and, therefore, questioned as to whom will be held responsible. He questioned the
'. j purpose of running a street through the middle of a wetland when it is only a one-mile stretch.
Mr, Emmerich stated that if the roads are connected properly throughout the development there
would be plenty of access in an out of the area,
Mr, Carlberg explained that the City is not neglecting 156th Lane, however, the need for the state
aid has nothing to do with those issues rather the importance to coordinate the effective access
throughout the development.
Mr. Westlund explained that he understands the concem of a state aid road, but noted there is
wetlands that do exist that are not pointed out on the map standing before us.
Mary McCartney, 10460 Palm Street NW, stated concerns on why 156th Avenue NW would
need to be routed on their property. She suggested that 156th Avenue NW remain as a cul-de-
sac, which helps to maintain the wetlands by not creating a through street. She questioned what
will be the next step in the approval process after tonight. Ms, McCartney also stated that they
are opposed to the idea of a state road,
Mr. Carlberg explained that the next meeting where the Woodland Woods development will be
discussed is at the City Council meeting on April 18, 2000. He mentione~ that the reason for
possibly extending l56th Avenue NW would not be to gain additional lots, but instead for
, providing good access into the development for fire and safety reasons,
J
There was no further public input.
Regular Andover Planning and Zoning Commission Meeting
, Minutes - March 28, 2000
\ Page 15
,
Motion by Daninger, seconded by Hedin, to close the public hearing at 11 :00 p,m. Motion
carried on a 4-ayes, O-nays, 3-absent vote.
Commissioner Kirchoff questioned if 156th Lane was extended, would it interfere with Ms.
McCartney's property. Mr. Carlberg explained that it would be on the corner and as a result her
lot would end up being a corner lot.
Commissioner Kirchoff questioned if the road would fringe on the wetlands adjacent to her
property, Mr. Carlberg explained that there would be some impact on the wetlands next to her
property. The developer mentioned that he does not wish to incur any costs as a result of the
wetland.
Commissioner Hedin questioned if there were standards for a Municipal State Aid road. Mr.
Carlberg stated he would have that information available for the upcoming meetings on April 4
and April 18, 2000.
Commissioner Hedin stated he doesn't see a need for another road going through that specific
, \ area. Mr. Carlberg explained the plan is in the early stages and, therefore, changes may be
, ) necessary after it has been thoroughly discussed.
Commissioner Daninger stated the Municipal State Aid road will be addressed, but the other
issue is the safety concerns that go along with having a long cul-de-sac. Other than the
comments the Andover Review Committee has made, these are the only two issues of concern.
Commissioner Hedin stated he doesn't feel that a 1,500-foot cul-de-sac would be necessary for
that development.
Commissioner Kirchoff questioned what is located at Lot 15 in the Woodland Woods
development. A member from the audience explained that Lot 15 consists ofwetIands.
Commissioner Hedin questioned if is there enough land for a road to cross through that area, Mr.
Carlberg is unsure if there is enol,lgh land available, however, he will research the possibilities
before tile next meeting.
Chair Squires recommended that staff come up with some more concrete alternatives prior to
going before the Council. Mr. Carlberg agreed that more information needs to be gathered prior
to making a recommendation to the City Council.
PUBLIC HEARING: LOT SPLITN ARlANCE (LS\V AR 00-05) -17138 AZTEC STREET
'_ J - DIVIDE A 1.28 ACRE PARCEL BETWEEN TWO ADJOINING PROPERITES - ALAN
NORTON\LARRY ELFEL T.
Regular Andover Planning and Zoning Commission Meeting
Minutes - March 28,2000
, Page 16
City Phumer John Hinzman presented the request of variance to the minimum lot size
requirements of Ordinance 8, Section 6.02 for the remnant parcel. A covenant would be filed to
combine the split parcel with the adjacent northern and southern properties owned by Larry Elfelt
and Alan Norton; respectively. The property is zoned R-2, single-family estate. The property is
at 17138 Aztec Street NW, legally described as Lot 1, Block 3, Valley View Estates 2nd
Addition.
Mr. Hinzman reviewed the Ordinances that apply to the request stated above. The applicant is
requesting to combine the properties for tax purposes, with Lot 1 being vacant and Lot 2
containing the applicant's home. Mr. Norton is proposing to divide Lot 1, retaining the southern
half and selling the northern half to adjacent property owned by Larry Elfelt at 17216 Aztec
Street. The vacant lot was created during the platting of Valley View Estates 2nd Addition in
1972. Changes in flood plain regulations have rendered the lot unbuildable, with the majority of
the lot lying within the 100 year-flood plain.
Mr. Hinzman explained that the City has granted variances in the past to minimum lot
requirements in order to rearrange property lines on platted lots with the stipulation that remnant
, \ parcels be combined with adjacent property to meet minimum lot requirements. Both lots would
j exceed the minimum size requirements of Ordinance 8, Section 6,02 upon execution of the
proposed lot split and combination. He mentioned that the temporary nature of the variance and
undue hardship created by replatting to rearrange property lines have been recognized as
acceptable hardship criteria in the past.
Mr, Hinzman stated staff recommends approval of the lot split variance with certain conditions
as listed in the staff report.
Commissioner Kirchoff questioned if there are 3 lots involved and they are requesting to
subdivide one in half.
Commissioner Hedin questioned if there is land to the west of Aztec Street. Mr. Hinzman stated
there is land just to the west of Aztec Street.
Larry Elfelt, the applicant, explained that there is some buildable land on site, which is where he
plans to build a garage.
Motion by Daninger, seconded by Kirchoff, to open the public hearing at 11:12 p,m. Motion
carried on a 4-ayes, O-nays, 3-absent vote.
There was no public input.
,
(5) CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
'\
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DATE: April 18. 2000
AGENDA SECTION ORIGINATING DEPARTMENT
Discussion Item Todd Haas,'
Engineering
ITEM NO.
Discuss Ordinance 109/Snowmobiles
'1.
The City Council is requested to discuss Ordinance 109 (Snowmobiles) and give some
direction as to what the City Council would like to do regarding snowmobiles for the 2001 snow
season.
Staff has contacted John Campbell of the Andover Snowmobile Trail Association. If the City
Council recalls, discussions regarding designating trails in the restricted area basically south of
161s1 Avenue NW were to begin in March or April. Due to the new high school being
constructed in the vicinity of one of the proposed trail routes, it may not be possible to do this,
\ which is a concern of the association.
J
Note: Attached is a letter sent to John Campbell of the Andover Snowmobile Trail Association
stating this is on the agenda for discussion.
, The CitY CoUncil will be discussing snowmobiles at the Tuesday ,April 18 , 2000
meeting, which begins at 7:00~M ~t AndoverCi~y Hall. Pleas~plan on attending.
'. ' . ',. . ; .:
~ .' . . .
" ObviOuslywith the new high school and new street extension west of Crosstown
, , Boulevard NW that will happen withinthe next couple years, discussions with the '
. . City will need to take place~ ,.If you recall, a trail was proposed along the north
side of C.oon,Creek in thevicinity of the new school and street..
, . - ,.
If you have any questions,feelfree to contact meat 767-5131.
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',-) CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE: April 18. 2000
AGENDA SECTION ORIGINATING DEPARTMENT
Discussion Item Planning,
ITEM NO.
Variance to Ord. 8, Section 6.02 John Hinzman,
Front Yard Setback, Major Arterial City Planner
2621 Bunker Lake Blvd.
~. Steven Orttel
Request
') The City Council is asked to review the request of Steven Orttel to vary +/- 14 feet from
the 50-foot front yard setback from a major arterial provision of Ordinance 8, Section
\ j
6.02. The variance is needed to reconstruct a fire-damaged building at its present
location.
The property is zoned M-2, Multiple Dwelling.
Planning Commission Review Waived
Ordinance 8, Section 5,04(f) allows the City Council to waive Planning Commission
review and take immediate action on emergency variance requests if time constraints
present severe hardship to the applicant. The applicant has inquired about reconstructing
the home after the March 2, 2000 fire. The city has delayed action on the permit to
consider purchasing the property as part of the proposed redevelopment ofthe Crosstown
Multiple Family Area. Consideration of the request through Planning and Zoning
Commission review would further delay the project until mid May.
Applicable Ordinances
Ordinance No.8, Section 6,02, establishes a 50-foot minimum front yard setback from a
major arterial in the M-2, Multiple Dwelling,
, ./
, Ordinance No.8, Section 5.04, establishes the variance procedure and process. Practical
/ difficulties or unnecessary hardships pertaining to the land, exclusive of the property
owner, must be present in granting a variance.
Background
The existing quad home was constructed in 1966. Anoka County has commenced
acquisition of additional right-of-way for the reconstruction of Bunker Lake Blvd. The
county's action has created a non-conforming structure. On March 2, 2000 a fire
destroyed over 50 percent to homes value, preventing reconstruction at the present
setback as stipulated in Ordinance 8, Section 4.03(E).
Mr. Orttel has indicated he would sell the property to the City for $200,000. At the April
4,2000 Economic Development Authority meeting, the commission directed staff to
research similar property sales and market values. An examination of seven recent sales
in the Crosstown Multiple Family Area has indicated a range of$137,000 to $150,000.
Staff Review
. The subject property is located within the Crosstown Multiple Family District The
district is identified in the draft Comprehensive Plan for redevelopment The Leonard
Parker Associates is currently developing a master plan for the area.
\
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. The remaining multiple family homes in the vicinity of Bunker Lake Blvd. are lawfully
existing, non-conforming uses. Any structural alteration would require a variance.
The City Council may want to consider granting a variance to the front yard setback
provision for all homes in the area.
. The acquisition of right-of-way for the Bunker Lake Boulevard reconstruction project
by Anoka County, compounded with the additional expense of reconstructing the
home at the minimum setback establishes a practical difficulty, not created by the
property owner and grounds for granting a variance.
Planning Commission Options
1. Recommend approval of the variance, finding it meet the requirements of
Ordinance No.8
2. Recommend denial of the variance, finding it does not meet the requirements of
Ordinance No.8. In recommending denial of the request, the Commission shall
state those reasons for doing so.
3. Table the request pending further information.
, /
Staff Recommendation
)
Staff recommends approval of the request ifthe City does not acquire the property.
Attachments
. Resolution for approval
. Area Location Map
. Lot Survey
. Site Pictures
. Copy of Variance Application
'.
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CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES, NO. R -00
A RESOLUTION APPROVING THE VARIANCE REQUEST STEVEN ORTTEL TO
VARY FROM THE FRONT YARD SETBACK FROM A MAJOR ARTERIAL
PROVISION OF ORDINANCE 8, SECTION 6.02 ON PROPERTY LOCATED AT
2621 BUNKER LAKE BLVD NW, LEGALLY (PIN 33-32-24-13-0043).
WHEREAS, Steven Ortte1 has petitioned to vary +/- 14 feet from the 50-foot front
yard setback from a major arterial provision of Ordinance 8, Section 6.02 for
property located at 2621 Bunker Lake Blvd. NW (PIN 33-32-24-13-0043) legally
described as follows:
The South 205 feet of that part oft the South Half of the Northeast Quarter of Section 33,
Township 32, Range 24, Anoka County, Minnesota described as follows: beginning at a
point on the South line of said South Half 1426 feet West from the Southeast corner of
said South Half; thence West along said South line 110 feet; thence North at right angles
227.64 feet; thence Northeasterly to point on a line drawn at right angles to said South
\ line from the point of beginning, said point being 291.15 feet north of the point of
" ) beginning; thence South along said line drawn at right angles 192.15 feet to the point of
beginning; except roads; subject to easements ofrecord,
WHEREAS, the City Council finds acquisition of right-of-way for the Bunker Lake
Boulevard reconstruction project by Anoka County, compounded with the additional
expense of reconstructing the home at the minimum setback establishes a practical
difficulty, not created by the property owner and grounds for granting a variance.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover
approves the proposed variance request
Adopted by the City Council of the City of Andover on this 18th day of April
2000.
CITY OF ANDOVER
ATTEST: J.E. McKelvey, Mayor
/ Victoria V olk, City Clerk
~ City of 2621 Bunker Lake Blvd
,
" ./ Andover Steve Ortlel
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LEGEND A Sources:
o 350' Mailing Bourdary Ardover Planning
Ardover GIS
_ Properties Notified Anoka County GIS
\ ./ N&Jbjed Property
1 inch = 990 feet RF - 1:11,883
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AND BIT, D/W, CONSTRUCT AOOITlONAL 15m
OF BIT, D/W BEYOND BIT, PATH, i
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EXISTlNG CURB AND GUTTER,
(j) CONSTRUCT PED, RAMP, SEE DETAIL X. L I
'1 @ CONSTRUCT MOUlm!BLE..CURB AND GUffiR ---- i
ON BOTH SlOES OF MEDIAN,
TRANSITlON IN AND OUT IN 3 m, I2Zl PAVEMENT CROSS SLOPE TRANSITlON
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~ ... I hereby cert1fy thot thl, plan wa. prepored by me or
~ DESIGN under my d...c:t aupervi.iotl cmd trial I am 0 duly
13 DRAWING Registered Professional Engineer under the 10wI of the
-;;; CHECKED stote of Mirll'le'oto.
DESIGN lEAM NO. BY DATE REVISIONS ITEM Dete: Reg. No. 18612 ...
2621 Bunker Lake Blvd
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CITY of ANDOVER
1611~ CROSSTOWN eOULEVA~O N W . ANDOVER. MINNFSOTA553C4 . (612) 755-5100
VAroANCEaEQUESTFORM
Propert;YAddress__~:)'1 . gUN k-- 'fA- t (;" . ,/?{vo{ I\J. t..-J.
-
Legal Description of p'roperty~ (FilUn Whichever is appr~pnate)
Lot__,. .- Block~___ Addition --~
PIN: (<13-1) d..t..( , 5, (;)0'-(3
"----- -.-.--
(I f Q1ele.~ iUld bounds., attach the complete.legal description)
Is the property Abstract or Torrens: ~To verify rhi; caB tbe ADok;) Couory Offk~ a! j?J.5.100 with
Ihe property PIN number)
Abstract y Torrens__
.
DescI1Plion of Requesl -.!!.':.4-$.~_._,~e..p,qtr s: ~"""G~-e(L,._!!_ c--(
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_.,-_.,----
-__a_. .' . , . , - ,. _h ~ __'4.
A hard~hip must be present in order for;!varian.ce to be granted.
, ' " . " . ,. . ,
' , ,
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Ordinance 8, Sech~r. 5.04 defines a hard~liip *s follows: "Where ftlere arc:; practical
difficulties or un.,ecessary hardships ii-i any way of carrying out the strict jertt-. of the
provisions of this Ordinance, an appeal may be made.and a variance granted. The '
hardships'or difficl1lties must have to do with the' ch~cteristjcs of the land itnd not the
property oWner. "
Specific Hardship. ~, A~"'~~Ihe;>r,/)(9p r. ~-Cp^r~/y
/YII/,.' 'r(;)#'\o ~-f "-';"d~ Du.e. ~Co ~d.'"t-
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VARIANCE REQUEST
PAGE 2
Sectiorl of Ordinance .- .-....__.-......~-,._- Current Zoning _., ,u__
U ~ .........,._._...._
CRlTERlA FOR GRANTING A V ARlANCE
In granting a variance, the City C ouneil shall consider the advice aud recommendation of
the Planning and lor.ing Commission and:
I If the! request is in keeping with the spirit and ir.t",nt of this Ordinance,
2. lfit finds that strict enforcement of this Ordinance wm cause undue hard~hiF'
because of circumstances unique to the individual property under consideration
3, [fit finds that denying thl." request doe.s not dl."I1Y l'e"sooable Ilse of Ihe property,
4, Economic considerations shall not constitute an undue hardship ifre01sonable use
, ofrhe property exists under the terms of the Ordinance,
J --.-...--- ------- ----..._--~......-.._---
Name 1)1' Apphc:Ult S'-;- r:~-.-_fS)...e...:r:IE:...z__ -.-__n___no '_._, .. "--
Addre~s .,.).2:.sJ~-9'-_.-/1-~fkt_.2 r: ____~"[~..~~'!.."''-/..l /~ ~ s.q:J 0
Home Phone _]~l:..:[{)..L~___ Business Phone ____,_. FilX __ .._ .~.._-
Signatllre~_.~__,___,__,_ Date --_9;1..'11 ~ 0. . "-...
-----.,...--- --------..-.....- ~----._."'--..... .........'........---
Propcn)' Owner (Fee O.....ncr) r$ ._~_.._--_... .... . ""'-' ..,.-,.
(If different from :1bove)
Address ---'" -.-.... --.--.... ~'--'-'_, .... _u__ ___.._.....___._. _.'.'............... . "" '.. -. .. .... ,--
Home "Phone -.----- Business Phone ---.---- Fax ..-----.., -- --.
Signature - __._ _ _.'_'0,. __u._______....____________.. naif' __..... '. '....---
, l
ZS9!-E:SL-Z,9 E:E::Z, m:mZ/p1/1113
Z0 39\1d G31IWIlNn 9NIINI~d
~ CI1Y OF ANDOVER
REQUEST FOR COUNCIL ACTION
I
DATE; April 18. 2000
AGENDA SECTION ORIGINATING DEPARTMENT
Discussion Item Todd Haas, ~
Engineering
ITEM NO. 9
Reconsider Request/Street Lights/Langfeld's Oakridge Estates
REQUEST:
The City Council is requested to table this at the request of Willis Langfeld until May 2, 2000.
Mr. Langfeld was injured recently and will not be able to make tonight's meeting.
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~ CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
,
J
DATE: April 18. 2000
AGENDA SECTION ORIGINATING DEPARTMENT
Discussion Item ~
Todd Haas,
Engineering
ITEM NO.
Reconsider Request/Street Lights/Langfeld's Oakridge Estates
<1,
Willis Langfeld, developer of Langfeld's Oakridge Estates and owner of Lot 1, Block 1 has
requested to be heard regarding street lights. Attached is Mr. Langfeld's letter.
" If the City Council recalls, this same issue was discussed on May 18, 1999. Attached are the
, / meeting minutes and backup information for your review.
If you have questions, feel free to contact me at 767-5131.
Note: Attached is a letter sent to Mr. Langfeld stating that this is on the agenda for
discussion.
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RECEIVED
MAR 2 4 2000
2207 -161 Avenue NW , !_-.------,-
Andover, MN 55304 . r ",.,. '.. ,-' '1 1"."',\'''' H
March 22, 2000 ( , ,- '~., :~,~.~~'~. ,: t:...____..1
"..."
City of Andover
1685 Crosstown Blvd. NW
Andover, MN 55304
RE: Street Light Dispute
Dear Sir or Madam:
If your will, please put my dispute on the next council meeting to be heard.
" , Thank you for your attention in this matter.
, /
Sincerely,
WWL/dm
cc: Babcock, Neilson, Mannella, LaFleur & Klint, PLLP
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CITY of ANDOVER
, ) 1685 CROSSTOWN BOULEVARD NW, . ANDOVER, MINNESOTA 55304 . (612) 755-5100 .
Willis Langfeld
2207 -161stAvenueNW
Andover, MN 55304
Re: Street Lighting/Langfeld's Oakridge Estates
\ If you have any questions,feel free to contact me at 767-5131.
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I..T1J'S t)~ w~~_
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Regular Ando\'er City Council ,\Jeering
Minllles - May 18. 1999
Page -I
(Public Hearing: Vacation of Easement/Hamilton, Continued)
Motion by Knight. Seconded by Johnson, the Resolution as presented. (Resolution R 117-99
granting the vacation of easement request of Edward anJ Lora Hamiiton to vacate a portion of Lot
1. Block 2, Hamilton Square) Motion carried unanimously.
~ ~. 'mrn,,"!;1JjFi;j'rn~"l. ''m'~., "B,C.,l;"_T. ."",... Ui[t;"lH,.. D D /'),...,D",,/ ',r.
J '~VM':!!.l;')~ -..'~.;ht,,-.. 'f6.q;JJiIJ!J';;1.J.if(fg'!J.~19:'/R;~ '~~1',~Y.!j~1;:,en~J~ft.\1T1tl"y.=!~'RW'[\
o)1i\~~:.!'if;.;~-.pt.~-\'i~,11 'l'I~'<~~Qr:;.v$rt~:.t.~\~'f3\,]~~qj,1.'J..'i-}'~~~i"',;X-"'~~~'1-~'.)-:rb~~~~'Mi'1r!';-~lm;J!~~!~i!j~:;~t'i".1fii~'~-!~~'W1!..:l/!
.. ,"u '.0l~~k.~YJJlt'>i1;~~t~t\~~:jKiti~lihj~b)~iy.~a~fi,%\,rffJZ;;.~:it..'lW.lj~;~:v
The Council review'ed the memorandum prepared by Todd Haas, Engineering, on the Street Lighting
Program which started in 1986. All new developments thereafter have been required to have street
lights. The developers are responsible to pay for the street light and installation and are responsible
to pay the on-going energy and maintenance until they sell the lot. at which time they would need
to contact Connexus Energy to tell them the new lot owner, The maintenance is amortized over five
years, The issue \vas raised at the last meeting by the developer of Langfeld's Oakridge Estates, as
, the developer's personal homestead was included in the development and the street lighting program.
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lvlr. !-bas showed a map of the development and the location of the street lights. It was noted that
the street light is on the comer of Mr. Langfeld's lot and is benefiting from it. As long as Mr.
Langfdd o\\us some of the other lots in the development, he will be billed quarterly for the on-going
energy and maintenance. The tirst bill included those costs for slightly more than a quarter.
Council member Jacobson stated his research determined the first bill included five-months' worth
of energy and maintenance.
~,lr. Langfeld, 2207 I 60th Avenue NW. stated the only light that benefits him is on the comer of
CoRd 20 and Raven. Those in back do not benefit him at all, and he didn't kno\v he was goi:1g to
get i1ssessed for them, He didn't want the lights. but they had to be put in with the plat. He spent
a lot of money and \vas then hit with an assessment. It doesn't seem right. Councilmember Jacobson
explained even if the existing house was not there, he would get billed as the developer for the
unsold lots until they are sold. Councilmember ante I understood he was being charged for the light
, that benetits him. not for the ones in the back. No Council action was taken.
A WARD SALE /999A T/F BOND
Tom Truzir:ski. Juran & Moody, reported five bids \vere received on the $ 1,500,000 General
Obligation Tax Increment Bond sale. In light of the economic news and pressures fdt in the stocks
'\ and bonds market. he is elated with the interest rates otfered on the bonds. He recommended the [ow
\ - ./ bid from Norwest Investment Services, Inc.. with MBIA insurance, of an effective interest rate of
~ -!-,549~l2..ercent. The bond is AAA rated,
,1-(otio" by ante!. Seconded by Jacobson. the Resolution accepting proposal on sale 01'$1,500,000
Cieneral Obligation Tax Increment Bonds of 1999, Providing for their issuance and pledging tax
increments for the payment thereot: as prepared. (Resolution R 118-99) Motion carried unanimously,
."
:i CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DA TE: Mav 18,1999
AGENDA SECTION ORIGINATING DEPARTMENT
Discussion Item Todd Haas, ~
Engineering
ITEM NO.
. , ,".~.""'[l'lmg~P"''''J'1f''''"'
" ," : 1-- _, ,~-.;:, rn" E::l,1; *,j.,~:. ~ r!j:rIt. ~;i ;,;;r~ <'1 ~;, iJm1..tt~'~iW
"f' f, 'Li -'': SIl.~il'1Jf~.Jm~~1':\:.itl~~~l~i,..~,;t:w;L",J1~r~A'I!t~~;';'
-~, .
The City Council is to be updated in regard to the Street Lighting Program as requested by the City
Council at the last Council meeting.
General Information
The street lighting program started back in 1986, All new developments (urban and rural) thereafter
are required to have street lights. In the urban area street lights are spaced approximately one every
300 feet. In the rural area street lights are spaced approximately one every 600 feet. Also, most
intersections within the developments themselves also have street lights.
" / Questions
1. Are the developers responsible to pay for street light and installation? Yes they are. The
developers are paying for about 35% of the cost up front. The remaining 65% is paid from the portion
of fees that are collected over time with the quarter billing which shows up in the maintenance and
energy charge which is sent to the property owner.
2. How do the developers know that they are responsible for paying for the street light and installation
of the lights? It is written into all development contracts (see attached page from Langfeld's Oakridge
Estates development contract).
3. Is it possible that the developer will pay for more than one lot for the ongoing energy and,
maintenance of the lot? Yes it is. The developer is responsible to pay this until they sell the lot at
which time they would need to contact Connexus Energy to tell them of the new lot owner.
4. ,Who paid for the street lights located at County road intersections? The City pays for the initial
installation and also the energy and ongoing maintenance at all lights located on a County road
intersection/City street intersection and also County road/County road intersections.
5. Are all the lights owner by Connexus Energy? No. There are a few street lights located on signals
that the City owns. If they are in need of repair, the City has an agreement with Connexus Energy to
repair them for a flat fee of $50.
" 6. How many street lights currently exist in the program? Currently about 1,000 (all lights)
/
7, Do all neighborhoods have street lights? No. There are a number of neighborhoods that were
deveJ.QI2_EfLPliQIJo 198,QJl1atdQ.I1P1.!JgjY..E...sJre,e.,LliBbt,~ ~ TherglJ.ff:ie_lJJ:l...ea.a.1e.w.-I:lejgbb.DJtI012dsJb.aLexist .. ..
prior to 1986 that have petitioned for and are paying for the installation and ongoing energy and
maintenance of the lights.
"
.
8. Has the City Council been consistent since 1986 that the neighborhood that have lights pay for the~ '.
) lights? Yes, The City Council has indicated that the benefit of street lights goes to the property owner
no different than if a neighborhood has municipal water and sanitary sewer.
Note: There was a question in regard to corners that have both frontage along a County road and City
street. Past practice on all developments has been if there are corner lots and are part of the
development, they will be responsible to pay for ongoing maintenance and energy of the lights,
There are numerous other developments very similar to this. '
If you have questions, feel free to contact me at 767-5131. I will also be at the meeting to answer any
other questions that the City Council may have.
'\
, )
, /
~ -~.
H. The Developer shall furnish street lights in accordance with the
City's Street Lighting Ordinance No. 86. The Developer shall
conform to Ordinance No. 86 in all respects. The City shall order
the street lights and Developer shall reimburse the City for such
cost.
General Requirements:
1. Street lighting shall be owned, installed, operated and
maintained by the electric utility company. City and electric
utility company shall enter into a contractual agreement on
the rate and maintenance of the street lighting system.
2. It shall be the responsibility of the Developer to:
a. Advise all lot purchasers of their responsibility for
street lighting operating charges.
b. Pay for street light charges for all lots owned by the
Developer.
I. The Developer shall dedicate and survey all storm water holding
\ ponds as required by the City. The Developer shall be responsible
\.~ for storm sewer cleaning and holding pond dredging, as required,
by the City prior to completion of the development.
J. The Developer shall be responsible for securing all necessary
approvals and permits from all appropriate Federal, State, Regional
and Local jurisdictions prior to the commencement of site grading
or construction and prior to the City awarding construction
contracts for public utilities.
K. The Developer shall make provision that all gas, telephone and
electric utilities shall be installed to serve the development.
L. Cost of Developer's Improvements, description and completion
dates are as follows:
Description of Improvements Estimated Cost Date to be
Completed
1. Site Grading and Erosion Control. $ ~o,o.::> "~+1>ber' 5"'; 1'T96
2. Street Maintenance. $ 2.51:l. co I
3. Street Construction. $ a5"'o, Of:?
\ 4. Storm Sewer Construction. $ :200,00
, )
5. Lot Stakes. $ .1(:;0,00 'V
-~
II
,
,
/
CrTY OF ~"iDOVER :.:...!..--
COWTY OF ~'\iOKA
STATEOF~~~SOTA -.
ORDINAl'J'CE NO. 252
-~- .. ~'~.~
An Ordinance repealing Ordinance No. 86 adopted May 3, 1988.
,.
.o\,N ORDINA:.'\iCE PROVIDING FOR THE ESTABLISHMENT OF A J\.fUNICIPAL
STREET LIGHTING SYSTEM; THE OPERATION AND MAINTENA.I.'\iCE OF A
STREET LIGHTING SYSTEM AND THE COLLECTION OF THE COSTS FOR
SUCH SERVICE PROVIDED BY THE MUNICIPALITY AS A SPECIAL
ASSESSMENT AGAINST THE PROPERTY BENEFITED AND PROVIDING
PENALTIES FOR VIOLATION.
The City Council of the City of Andover hereby ordains as follows:
Section 1. General Operation.
'\ The City of Andover does hereby make a provision for the establishment of a municipal
'. )
street lighting system. The areas to be served shall be determined and approved by the
City Council.
Section 2. Rates; Fees and Chare:es.
The City Council shall adopt a resolution which indicates a schedule of all rates, fees and
charges for all street lighting service provided to residents. This resolution may be
amended from time to time to indicate any necessary change in rates, fees and charges.
Section 3. Dama!!e to System.
No unauthorized person shall remove, damage, alter or tamper any structure or part of a
street lighting system.
Section 4. Efficiencv of Street Lie:htine: System.
The City shall not be liable for any deficiency or failure in supply oflight to residents,
\vhether occasioned by shuning off the system for the purpose of making repairs or
connections or from any other cause whatsoever.
/ Section 5. Payment of Chare:es.
~-===A:ny-pre'payment-ol'"OverpaYlm:nt of chargeS' maYBe retamecfbyffie City ana appTleCi on ---
subsequent quarterly charges.
,
;
/
Section 6. Penaltv for Late Pavment. (
Ir a quarterly service charge is not paid when due, a penalty of ten (l 0%) percent shaUbe
added thereto.
Section 7. Action to Collect Cbarnes.
On or before September 1st of each year, the City Clerk shall list the total unpaid charges
'for street lighting services against each separate lot or parcel to which they are
attributable under this Ordinance. After notice and hearing as provided in Minnesota
Statutes 429.061, the City Council may spread the charges against the benefited property
as a special assessment under Minnesota Statutes 429.101 and other pertinent statutes for
certification of the County Auditor and collection along with the current taxes the
following year.
Section 8. Enlrlneerine Department.
The Engineering Department shall assume and discharge the responsibilities imposed by
: ) this Ordinance, along ",ith such other duties as may be required or assigned to the
Degartment.
Section 9. VaIiditv. ~
- (
If any section, subsection, sentence, or phrase of this Ordinance is for' any reason held to
be invalid or unconstitutional by a court of competent jurisdiction, the remaining portions
of this Ordinance shall not be affected.
Section 10. Penalt\'.
Any person, firm or corporation \vho shall violate any provision of this Ordinance shall '
be guilty of a misdemeanor, and upon conviction thereof shall be punished as defmed by ,
State law.
Adopted by the City Council of the City of Andover on this 16th day of Februarv. 1999.
....
ATTEST: CITY OF ANDOVER
'\
j I- (4 :7.. f" N~tL~
.'
_~J#'. '.'A-' ,yrE.McRelvey, Mayor- -'-=:t
- Victarh,V"Otk';-ei ty-eterk -
l
(5) CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
-
/ DATE: April 18, 2000
AGENDA SECTION ORIGINATING DEP~~TMENT
Staff, Committees, Commissions Scott Erickson, l
Engineering
ITEM NO.
City Bus Tour & Soil Boring Discussion/00-18/
Extension of Andover Boulevard NW
\~.
The City Council is requested to choose a date to have a "bus tour" of City projects and after
the tour hold a special meeting to discuss the results of the soil borings associated with the
Andover Boulevard extension study. Possibly an evening during the week of April 24th would
work.
,
I
'- /
\
"'~
I I
\ CITY OF ANDOVER
)
REQUEST FOR CITY COUNCIL ACTION
DATE: April 18, 2000
AGENDA SECTION ORIGINATING DEPARTMENT
N on-Discussion Planning
ITEM NO.
Lot Split\ Variance 00-05 John Hinzman
17138 Aztec Street City Planner
\ \\ Alan Norton
Request
The City Council is asked to approve the lot split and variance request of Alan Norton to
split the north 0.64 acres from a 1.28 acre parcel located at 17138 Aztec Street NW,
legally described as Lot 1, Block 3, V ALLEY VIEW ESTATES 2ND ADDITION (PIN
\ 08-32-24-22-0031 ).
./
A variance is requested to the minimum lot size requirements of Ordinance 8, Section
6.02 for the remnant parcel. A covenant would be filed to combine the split parcel with
the adjacent northern and southern properties owned by Larry Elfelt and Alan Norton,
respectively.
The property is zoned R-2, Single Family Estate.
Background
The Planning and Zoning Commission voted 4-0 (3 absent) to approve the proposed
change at the March 28, 2000 meeting with limited discussion. Please see the attached
minutes for more information
Attachments
. Resolution for approval
. Planning and Zoning Commission Minutes - March 28, 2000
. Planning and Zoning Commission Staff Report - March 28,2000
I
1
,
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. R -00
A RESOLUTION GRANTING THE LOT SPLIT AND VARIANCE REQUEST OF
ALAN NORTON PURSUANT TO ORDINANCE NO. 40 AND VARYING FROM
THE PROVISIONS OF ORDINANCE NO.8, SECTION 6.02, MINIMUM LOT
REQUIREMENTS ON LOT 1, BLOCK 3, VALLEY VIEW ESTATES 2ND ADDITION
(PIN 08-32-24-22-0031).
WHEREAS, Alan Norton has requested to split the northern 110 feet pursuant to
Ordinance No. 40 and varying from the provisions of Ordinance No.8, Section 6.02,
Minimum Lot Size Requirements for property located at 17138 Aztec Street NW legally
described as Lot 1, Block 3, V ALLEY VIEW ESTATES 2ND ADDITION; and
WHEREAS, the Planning and Zoning Commission has reviewed the request and has
determined that said request meets the criteria of Ordinance No. 40; and
\ WHEREAS, the Planning and Zoning Commission have determined that the temporary
, J nature of the variance and undue hardship created by replatting to rearrange property lines
meets the hardship requirements of Ordinance 8, Section 5.04; 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
approval of the lot split\variance as requested.
'NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover
hereby agrees with the recommendation ofthe Planning and Zoning Commission and
approves the lot split\variance on said property with the following conditions:
1) That a covenant be filed to join that part of Lot 1, Block 3, V ALLEY VIEW
ESTATES 2ND ADDITION lying south of the north 110.00 feet with Lot 2, Block
3, V ALLEY VIEW ESTATES 2ND ADDITION so that it cannot be sold
separately.
,
City Council Resolution Page Two
Lot Split Lot I, Block 3, VALLEY VIEW ESTATES 2ND ADDmON April 18, 2000
1 2) That a covenant be filed to join the north 110 feet of Lot 1, Block 3, VALLEY,
J
VIEW ESTATES 2ND ADDITION with Lot 8, Block 2, V ALLEY VIEW
ESTATES so that it cannot be sold separately.
3) That the lot split be subject to a sunset clause as defined in Ordinance No. 40,
Section I1I(E).
Adopted by the City Council of the City of Andover on this 18th day of April
2000.
CITY OF ANDOVER
ATTEST: I.E. McKelvey, Mayor
\ Victoria Volk, City Clerk
\ J
0
Regular Andover Planning and Zoning Commission Meeting
Minutes - March 28, 2000
Page 15
Motion l:i Daninger, seconded by Hedin, to close the public hearing at 11 :00 p.m. Motion
carried on a -ayes, O-nays, 3-absent vote.
Commissioner . choff questioned if l56th Lane was extended, would it interfere with Ms.
McCartney's prop . Mr. Carlberg explained that it would be on the comer and as a result her
lot would end up bel a comer lot.
Commissioner Kirchof . uestioned if the road would fringe on the wetlands adjacent to her
property. Mr. Carlberg~' lained that there would be some impact on the wetlands next to her
property. The developer m tioned that he does not wish to incur any costs as a result of the
wetland,
Commissioner Hedin questioned " there were standards for a Municipal State Aid road. Mr.
Carlberg stated he would have that , ormation available for the upcoming meetings on April 4
and April 18, 2000. ,
~
Commissioner Hedin stated he doesn't se need for another road going through that specific
\ area. Mr. Carlberg explained the plan is I the early stages and, therefore, changes may be
, ./ ,
necessary after it has been thoroughly discusse
Commissioner Daninger stated the Municipal St~, Aid road will be addressed, but the other
issue is the safety concerns that go along with fl, ing a long cul-de-sac. Other than the
comments the Andover Review Committee has made, , \ se are the only two issues of concern.
"
Commissioner Hedin stated he doesn't feel that a 1,500-f6 t cul-de-sac would be necessary for
that development.
Commissioner Kirchoff questioned what is located at Lot' in the Woodland Woods
development. A member from the audience explained that Lot 15 sists of wetlands.
Commissioner Hedin questioned ifis there enough land for a road to c s through that area. Mr.
Carlberg is unsure' if there is enol,lgh land available, however, he will earch the possibilities
before the next meeting,
Chair Squires recommended that staff come up with some more concrete a1 natives prior to
going before the Council. Mr. Carlberg agreed that more information needs to b ath.ered prior
o making a recommendation t cil.
'\ PUBLIC HEARING: LOT SPLITN ARIANCE (LS\V AR 00-05) - 17138 AZTEC STREET
",j - DIVIDE A 1.28 ACRE PARCEL BETWEEN TWO ADJOINING PROPERITES - ALAN
NORTON\LARRY ELFELT.
Regular Andover Planning and Zoning Commission Meeting
Minutes - March 28, 2000
.J Page 16
City Planner John Hinzman presented the request of variance to the minimum lot size
requirements of Ordinance 8, Section 6.02 for the remnant parcel. A covenant would be filed to
combine the split parcel with the adjacent northern and southern properties owned by Larry Elfelt
and Alan Norton, respectively. The property is zoned R-2, single-family estate. The property is
at 17138 Aztec Street NW, legally described as Lot 1, Block 3, Valley View Estates 2nd
Addition.
Mr. Hinzman reviewed the Ordinances that apply to the request stated above. The applicant is
requesting to combine the properties for tax purposes, with Lot 1 being vacant and Lot 2
containing the applicant's home. Mr. Norton is proposing to divide Lot 1, retaining the southern
half and selling the northern half to adjacent property owned by Larry Elfelt at 17216 Aztec
Street. The vacant lot was created during the platting of Valley View Estates 2nd Addition in
1972, Changes in flood plain regulations have rendered the lot unbuiIdable, with the majority of
the lot lying within the 100 year-flood plain.
Mr. Hinzman explained that the City has granted variances in the past to minimum lot
, ) requirements in order to rearrange property lines on platted lots with the stipulation that remnant
parcels be combined with adjacent property to meet minimum lot requirements. Both lots would
exceed the minimum size requirements of Ordinance 8, Section 6,02 upon execution of the
proposed lot split and combination. He mentioned that the temporary nature of the variance and
undue hardship created by replatting to rearrange property lines have been reco gnized as
acceptable hardship criteria in the past.
Mr, Hinzman stated staff recommends approval of the lot split variance with certain conditions
as listed in the staff report.
Commissioner Kirchoff questioned if there are 3 lots involved and they are requesting to
subdivide one in half.
Commissioner Hedin questioned if there is land to the west of Aztec Street. Mr. Hinzman stated
there is land just to thewest of Aztec Street.
Larry Elfelt, the applicant, explained that there is some buildable land on site, which is where he
plans to build a garage.
Motion by Daninger, seconded by Kirchoff, to open the public hearing at 11:12 p,m. Motion
carried on a 4-ayes, O-nays, 3-absent vote.
'\ There was no public input.
)
Regular Andover Planning and Zoning Commission Meeting
) Minutes - March 28, 2000
Page 17
Motion by Hedin, seconded by Daninger, to close the public hearing at 11: 13 p.m. Motion
carried on a 4-ayes, O-nays, 3-absent vote.
Motion by Hedin, seconded by Kirchoff, to recommend to the City Council approval of the lot
split and variance with'the following conditions:
1. That a covenant be filed to_join that part of Lot 1, Block 3, V ALLEY VIEW
ESTATES 2ND ADDITION lying south of the north 110.00 feet with Lot 2, Block 3,
V ALLEY VIEW ESTATES 2ND ADDITION so that it cannot be sold separately.
2, That a covenant be filed to join the north 110 feet of Lot 1, Block 3, V ALLEY VIEW
ESTATES 2ND ADDITION with Lot 8, Block 2, V ALLEY VIEW ESTATES so that
it cannot be sold separately.
3. That the lot split be subject to a sunset clause as defined in Ordinance No. 40, Section
III(E).
Motion carried on a 4-ayes, O-nays, 3-absent vote.
\ Chair Squires stated this item would be considered at the April 18, 2000 City Council meeting.
\ )
VARIANCE - CONSTRUCT DECK ENCROACHING INTO SIDEY ARD
3547133RD LANE NW - CURT HOLTE
Zoning Administrator Jeff Johnson presented an overview of the vari e request of applicant
Curt Holte. He explained that Mr. Holte is requesting a variance t llow for the construction
and placement of a deck which will encroach into the ten foot si ard setback from the interior
lot line on the property located at 3547 133rd Lane NW, Ie y described as Lot 23, Block 3,
Woodland Terrace Fourth Addition. The property is zoned -4, Single-Family Urban.
Mr, Johnson mentioned the Ordinances that apply ihe particular request. He explained that
similar variances have been granted in the past decks that have encroached up to three feet
into the ten-foot sideyard setback from the int or lot line. In most cases, the variances that have
been granted in the past have allowed re deck space in order for the property owner to
functionally utilize their deck.
Commissioner Kirchoff questio a if this was the residence where there was a slab of cement
installed recently. Mr. Johns stated that that was another residence.
Mr. Holte stated that is knowledge there was a deck on the one side of the house at one time,
however, he is uns if it encroached the property line.
j Motion by inger, seconded by Hedin, to recommend approval to tlle City Council of the
variance request of Curt Holte to allow for the construction and placement of a deck vvhich will
,
) CITY OF ANDOVER
REQUEST FOR PLANNING COMMISSION ACTION
DATE: March 28,2000
ITEM NO. 7 ORIGINATING DEPARTMENT
Public Hearing: Planning
Lot Split\ Variance 00-05
17138 Aztec Street NW John Hinzman,
Alan Norton City Planner
Request
The Planning and Zoning Commission is asked to review the lot split and variance
request of Alan Norton to split the north 0.64 acres from a 1.28 acre parcel located at
17138 Aztec Street NW, legally described as Lot 1, Block 3, V ALLEY VIEW ESTATES
'\ 2ND ADDITION (PIN 08-32-24-22-0031).
\ )
A variance is requested to the minimum lot size requirements of Ordinance 8, Section
6.02 for the remnant parcel. A covenant would be filed to combine the split parcel with
the adjacent northern and southern properties owned by Larry Elfelt and Alan Norton,
respectively.
The property is zoned R-2, Single Family Estate.
Applicable Ordinances
Ordinance 40 regulates the division of lots. A lot split is defined as any division of a lot,
parcel or tract of land into not more than two (2) parcels when both divided parcels meet
or exceed the minimum requirements for a platted lot in the applicable zoning district.
Ordinance 8, Section 5,04 establishes the variance procedure. Practical difficulties or
unnecessary hardships in any way of carrying out the strict letter of the ordinance
provisions must be present in granting a variance.
Ordinance 8, Section 6,02 establishes the provision for minimum lot width, lot depth and
lot area for zoning districts. The minimum requirements in the R-2 district are as
follows:
/
Lot SplitlVariance 00-05 March 28, 2000 P & Z Report
17138 Aztec Street NW - Norton Page 2 aD
)
. Lot Width at Front Setback - 165 feet
. Lot Depth - 150 feet
. Lot Area -1 acre (43,560 d.)
Background
The applicant Alan Norton currently owns Lots 1 and 2. The properties are combined for
tax purposes, with Lot 1 being vacant and Lot 2 containing the applicant's home. Mr.
Norton proposes to divide Lot 1, retaining the southern half and selling the northern half
to adjacent property owned by Larry Elfelt at 17216 Aztec Street (Lot 8, Block 2
V ALLEY VIEW ESTATES).
The vacant lot was created during the platting of Valley View Estates 2nd Addition in
1972. Changes in flood plain regulations have rendered the lot unbuildable, with the
majority of the lot lying within the 1 DO-year flood plain.
General Review
The City has granted variances in the past to minimum lot requirements in order to re-
arrange property lines on platted lots with the stipulation that remnant parcels be
'\ combined with adjacent property to meet minimum lot requirements. Both lots would
, ) exceed the minimum size requirements of Ordinance 8, Section 6,02 upon execution of
the proposed lot split and combination.
Hardship
The temporary nature of the variance and undue hardship created by replatting to
rearrange property lines have been recognized as acceptable hardship criteria in the past.
Commission Options
The Planning and Zoning Commission may recommend one of the following options:
1) Recommend approval of the proposed Lot Split and Variance.
2) Recommend denial of the Lot Split and Variance, citing those reasons for
doing so.
3) Table the item pending additional information from staff or the applicant.
/
Lot SplitWariance 00-05 March 28, 2000 P & Z Report
17138 Aztec StreetNW - Norton Page 3 00
)
Recommendation
Staff recommends approval of the lot split and variance with the following conditions:
1) That a covenant be filed to join that part of Lot 1, Block 3, V ALLEY VIEW
ESTATES 2ND ADDITION lying south of the north 110.00 feet with Lot 2, Block
3, V ALLEY VIEW ESTATES 2ND ADDITION so that it cannot be sold
separately.
2) That a covenant be filed to join the north 110 feet of Lot 1, Block 3, VALLEY
VIEW ESTATES 2ND ADDITION with Lot 8, Block 2, V ALLEY VIEW
ESTATES so that it cannot be sold separately.
3) That the lot split be subject to a sunset clause as defined in Ordinance No. 40,
Section III(E).
Attachments
. Resolution for Approval
, . Location Map
I . Property Survey
. Site Pictures
. Application for Lot Split and Variance
. Notice of Public Hearing -
@ City of 17138 Aztec St
) Andover Lot Split\Variance 00-05
\: N I-
~ r 17410;:! 3884
~ ( ~ rL 3832 I- 17429 3694 I-
1~00 00
3953 3909 ~ 3855 \ ~ 3815 ~ ~ ~ 3735 \ 3725 \ ~ i i j 11-
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~ ~v '- 173RD LN .~~n'_
~ ~ 17300 3934 3866 3850 3824 $;'> 3660 I
.,ii C~4Ii\ 3931 3903 3649 3629 3609 3749 \ 3731 3709 3691 367
To Be Combined '
With Adjacent Property Ii C,I,:: 172NDLN
.c' "":i: ~Jj H"23(>,:/,,~:""",
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\ I "."", '.....,...>---i sse: ~( "',' 172ND AVE ~
I 1>:'" >>>/,:, "/', :>
I r,/,:"',,'i',,; ,) > 3706
. ,< r>>/ 17,:~' ~", 3854 3828 3808 3754 17142 3650 3
To Be Comblned:<<: 1/"<'
With Adjacent Property """" ".",\. 3823 '5~741 ') 17125
0" "'"," 1"7" " 3755 1
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,< """,.' .<,; $' 16958"\-
. ,'/,i 3945 3855 Q; 3818
: :" ~
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, :::( :,i, ( 169n-t LN 16955
:'"i.::."". (i'>,..,:.': / 16f=jTH
i.ii'<(: '"'.,,.: : 3864 16925
Ii,:.,.,::,:., 3952 3930 '/~832 3808
I'",: ""',"': / 3, ,
/ I I / I
LEG END ~ ~ 40 N Sources:
\ ". ~ Andover Engineering
/ 0" 350' Mailing Bounda')' I Site Location" ,,,", 'j: A Andover GIS
,- L:l. /I\. Anoka County GIS
ElJ1] Properties Notdied ",<""",,,c,,,,,,"_""', "",,' cI':" I" <
NSUbjectproperly b -.:;~~ III ittc linch~990feel RF,I:1I.883
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CITY of ANDOVER .. .. ..' "
1685 CROSSTOWN BOULEVARD NW. . ANDOVER.. MINNESOTA 55304 0(612) 755-5100. ' ." '.
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. .~ "'-~,.,,,,,.,, . ",.', . - ", ," ,"' "LOT SPLIT REQUEST-FORM ',"" '1"/",' - ",';"'"'".-.- -",-,.., . "",,17""'.
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Reason for Request PROPfEf( T'/ <' \JJ AJ 'fER. "10 TI-'E' JJO~T/f
WI ~I-f e:-S 'TO ~ {J..fH.14 A- Sf: NORTI+ H-A~F CJF
gA/() LOT'
Current Z6ning_12 - ~ ('.'
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Name of Applicant Al..A,0 ;\) 19 R. ,oA3
Address 17 13 R A"2-TEC- $-r'
Home Phone 7 S3 -:3 " I?O Business Phone 15?~ 34-;;4 Fax
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I has not been subdivided within the last three years.
Signature Date 3(7(00
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/7138' A2.-tec st. P.lo/-l
PIN 83224220006.0 PIN 73224110001.0 PIN 83224220007.0
HAGEN LAWRENCE J & JOAN M ANOKA lND GRAIN & FEED INC BURY STEVEN A & CAROLINE M
. ':::URRENT RESIDENT 23152l\'DAVENO OR CURRENT RESIDENT
:, ..1 172NDLN ANOKA, MN 55303 17230 AZTEC ST
ANDOVER, MN 55304 ANDOVER, MN 55304
PIN 83224220012.0 PIN 83224220013.0 PIN 83224220008.0
DURHAM GERALD E & CATHIE J SHUSTER JACK H & DAWN ELFEL T LAWRENCE W & CORINNE K
OR CURRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT
3902 172ND LN 3922 172ND LN 17216AZTECST
ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304
PIN 83224220017.0 PIN 83224220018.0 PIN 83224220031.0
JONES KENNETH R & CHERI L HUBERTY MICHAEL D & MELISSA A NORTON ALAN J
OR CURRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT
3903172NDAVE 17205 AZTEC ST 17138 AZTEC ST
ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304
PIN 83224220027,0 PIN 83224220028,0 PIN 83224220029,0
l\'ELSON HARVEY F & KAREN SUE FISHER JAMES A & JANICE E ODELL NICHOLAS J & MARY E
OR CURRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT
3906 172ND AVE 3922 172ND AVE 17117 AZTEC ST
ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304
PIN 83224220021.0 PIN 83224220030.0 PIN 83224230001.0
GOAR DONALD K & LAURIE L NELSON DANIEL A & ANNE MARIE LANE LON R & JULIE M
OR CURRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT
171.16 AZTEC ST 3844 171ST CIR 17056 AZTEC ST
" ,;\OVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304
PIN 83224230003.0
PRITCHETT MARLENE L
17047 AZTEC ST
ANDOVER, MN 55304
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
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-' DATE: April t 8. 2000
AGENDA SECTION ORIGINATING DEPARTMENT
Non-Discussion Planning
Jeff Johnson, Zoning Administrator
ITEM NO.
Approve Variance (00-02)
Construct Deck Encroaching into Sideyard Setback
3547 133rd Lane NW
l' ~o1te
Request
The City Council is asked to review and approve the variance request of Curt Holte to allow for
the construction and placement ofa deck to encroach three (3) feet into the ten (10) foot sideyard
setback from the interior lot line on the property located at 3547 133rd Lane NW.
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, ) Plannin2: and Zonin2: Commission Review
The Planning and Zoning Commission met on March 28, 2000 and voted unanimously to
recommend approval to the City Council of said variance request. The meeting minutes are
attached for your review.
Please review the attached resolution.
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I CITY OF ANDOVER
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COUNTY OF ANOKA
STATE OF MINNESOTA
RESOLUTION NO. -
A RESOLUTION GRANTING THE VARIANCE REQUEST OF CURT HOLTE TO
ORDINANCE NO.8, SECTION 6,02 WHICH REQUIRES A TEN (10) FOOT
SIDEY ARD SETBACK FROM THE INTERIOR LOT LINE AND TO ALLOW FOR
THE PLACEMENT OF A DECK ENCROACHING THREE (3) FEET INTO THE
SIDEY ARD SETBACK FROM THE INTERIOR LOT LINE ON THE PROPERTY
LOCATED AT 3547 133RD LANE NW, LEGALLY DESCRIBED AS LOT 23,
BLOCK 3, WOODLAND TERRACE FOURTH ADDITION.
WHEREAS, Curt Holte has requested a variance to Ordinance No.8, Section 6.02
which requires a ten (10) foot sideyard setback from the interior lot line and to allow for
the placement of a deck encroaching three (3) feet into the sideyard setback from the
interior lot line on the property located at 3547 133rd Lane NW, legally described as Lot
23, Block 3, Woodland Terrace Fourth Addition.
, WHEREAS, the Planning and Zoning Commission has reviewed the request and
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has determined that said request meets the criteria of Ordinance No.8, Section 5.04; and
WHEREAS, the Planning and Zoning Commission recommends to the City
Council approval of the variance requested.
NOW, THEREFORE, BE IT RESOLVED that the City Council ofthe City of
Andover hereby agrees with the recommendation ofthe Planning and Zoning
Commission and hereby approves the variance requested by Curt Holte to Ordinance No,
8, Section 6,02 which requires a ten (10) foot sideyard setback from the interior lot line
and to allow the placement of a deck encroaching three (3) feet into the sideyard setback
from the interior lot line on the property located at 3547 133rd Lane NW, legally
described above.
Adopted by the City Council ofthe City of Andover on this _ day of ,2000.
ATTEST: CITY OF ANDOVER
, Victoria V olk, City Clerk J. E, McKelvey, Mayor
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We are the neighbors to the west of the home on "3547 133rd
Lane N.W. Andover, MN 55304. We do not have any objection
to the proposed deck of 11' x 28 1/2 feet.
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Regular Andover Planning and Zoning Commission Meeting
\ Minutes - March 28, 2000
/ Page 17
Motion by Hedin, seconded by Daninger, to close the public heari
carried on a 4-ayes, O-nays, 3-absent vote,
Motion by Hedin, seconded by Kirchoff, to recomme o the City Council approval of the lot
split and variance with 'the following conditions:
L That a covenant be filed to n that part of Lot 1, Block 3, VALLEY VIEW
ESTATES 2ND ADDITIO Tying south of the north 110.00 feet with Lot 2, Block 3,
V ALLEY VIEW EST S 2ND ADDITION so that it cannot be sold separately.
2. That a covenant be ed to join the north 110 feet of Lot 1, Block 3, V ALLEY VIEW
ESTATES 2N DDITION with Lot 8, Block 2, V ALLEY VIEW ESTATES so that
it cannot be Id separately,
3. That th ot split be subject to a sunset clause as defined in Ordinance No, 40, Section
III
arried on a 4-ayes, O-nays, 3-absent vote.
'\ lair Squires stated this item would be considered at the April 18, 2000 City Council meeting,
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VARIANCE _ CONSTRUCT DECK ENCROACHING INTO SIDEYARD SETBACK-
3547 133RD LANE NW - CURT HOLTE
Zoning Administrator Jeff Jolmson presented an overview of the variance request of applicant
Curt Holte. He explained that Mr. Holte is requesting a variance to allow for the construction
and placement of a deck which will encroach into the ten foot sideyard setback from the interior
lot line on the property located at 3547 133rd Lane NW, legally described as Lot 23, Block 3,
Woodland Terrace Fourth Addition, The property is zoned R-4, Single-Family Urban.
Mr. Johnson mentioned the Ordinances that apply to the particular request. He explained that
similar variances have been granted in the past for decks that have encroached up to three feet
into the ten-foot sideyard setback from the interior lot line, In most cases, the variances that have
been granted in the past have allowed more deck space in order for the property owner to
functionally utilize their deck.
Commissioner Kirchoff questioned if this was the residence where there was a slab of cement
installed recently. Mr. Johnson stated that that was another residence.
Mr. Holte stated that to his knowledge there was a deck on the one side of the house at one time,
however, he is unsure if it encroached the property line.
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/ Motion by Daninger, seconded by Hedin, to recommend approval to the City Coun.cil of the
variance request of Curt Holte to allow for the construction and placement of a deck vvhich will
Regular Andover Planning and Zoning Commission Meeting
\ Minutes - March 28, 2000
. . Page 18
encroach into the ten foot sideyard setback from the interior lot line on the property located at
3547 133rd Lane NW, legally described as Lot 23, Block 3, Woodland Terrace Fourth Addition.
Motion carried on a 4-ayes, O-nays, 3-absent vote,
Chair Squires stated this item would be considered at the April 18, 2000 City Council meeting.
V ARlANCE TO ORDINANCE 57 & 8 - SECTION 4.04 NE 1/4 OF SECTION 2 -
DONALD EVELAND
Mr. Hinzman presented an overview of the request submitted by the applicant Do d Eveland.
The subject property is approximately 64.2 acres and is zoned R-l, Single Fm 'y RuraL The
applicant is requesting to vary from the one unit per qumier section maxim density and 300
foot frontage provision of Ordinance 57, Section 4B, and to vary from the ildable lot provision
requiring street frontage of Ordinance 8, Section 4.04.
Mr. Hinzman listed the applicable Ordinances pertaining to the a icant's request. Mr. Eveland
owns and farms approximately 144 acres west of Crosstown oulevard in Sections 27 and 28,
\ Independent School District No. 11 has selected the eastern acres owned by the applicant for a
\ / High School Site. The School District construction p ns would require the removal of two
homes and accessory buildings owned by the Evelan family. The applicant desires to relocate
his operation, by constructing two homes and acc sory buildings to the western landlocked 64
acres of land.
Mr. Hinzmml reported the staff review reg aing agricultural density. First, the City Council has
not entertained or granted a variance Ordinance 57, Agricultural Preserve since its 1982
adoption. Second, the School Distri intends to condemn the eastern 80 acres for the school.'
Third, the applicant filed for Agr hural Preserve termination in 1997 for expiration in 2005,
Fourth, the Metropolitan Urban ervice Area (MUSA) expansion is planned for the western 64
acres during the 2005-2010 me frame. Finally, the condemnation of the Evelmld property
would create a "practical ' ficulty or unnecessary hardship not created by the property owner"
meeting the requirement necessary to grant a variance as defined in Ordinance 57.
Mr. Hinzman also ported the minimum street frontage provisions., First, the City of Andover
has agreed to co struct a roadway between Round Lake Boulevard and Crosstown Boulevard as
required by School District. Second, placement of the two homes and accessOlY buildings
could be d 19ned to comply with minimum street fTontage and lot requirements of Ordinance 8
mld 57 o. ce the roadway is constructed - causing the variances to be temporary in nature. Third,
conde nation of the eastern 80 acres eliminates all road frontage to the remaining acreage
cre ing a "practical difficulty or unnecessary hm'dship not created by the property owner"
\ eeting the requirements necessary to grant a variance as defined in Ordinance 8 and 57.
'- / Fourth, the applicant would need to secure a temporary ingress and egress easement across the
eastern 80 acres until a permanent road is constructed to the property.
'. CITY OF ANDOVER
REQUEST FOR PLANNING COMMISSION ACTION
DATE March 28, 2000
AGENDA ITEM ORIGINATING DEPARTMENT APPROVED FOR
AGENDA
, 8, Variance - Construct Deck
Encroaching into Sideyard Setba( <: Planning
3547 133rd Lane NW BY: JeffJohnson BY:
~ n .,
REOUEST
The Planning and Zoning Commission is asked,to review the variance request of Curt
Holte to allow for the construction and placement of a ,deck which will encroach into the
ten (10) foot sideyard setback from the interior lot line on the property located at 3547
133rd Lane NW, legally described as Lot 23, Block 3, Woodland Terrace Fourth
'~', Addition.
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'- j The property is zoned R-4, Single Family Urban.
APPLICABLE ORDINANCES
Ordinance No.8. Section 6.02 - Minimum Lot ReQuirements.
Ordinance No 8, Section 6,02 establishes the minimum lot requirements, This Section
requires a ten (10) foot sideyard setback from the interior lot line.
Ordinance No. 8. Section 5.04 - Variances.
Ordinance No.8, Section 5,04 establishes the variance process. Variances may be ~ .','
granted where there are practical difficulties or unnecessary hardships in any way of
carrying out the strict letter of the provisions ofthe Zoning Ordinance. The hardships or
difficulties must have to do \vith the characteristics ofthe land and not the property
owner.
GENERALBACKGOUND
The applicant is requesting the variance to construct a deck (11' x 28,5') which will
\ encroach three (3) feet into the ten (10) foot sideyard setback from the interior property
,,/ line. The deck footings would be placed six (7) feet from the side property line (see
attached plans and survey for proposed location of deck), The applicant plans to
cantilever the deck two (2) feet. No portion of this cantilever will be located in the
sideyard easement.
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Variance (00-02)
Holte - 3547 133rd Lane NW
Historv
Similar variances have been granted in the past for decks that have encroached up to three
(3) feet into the ten (10) foot sideyard setback from the interior lot line. In most cases,
the variances that have been granted in the past have allowed more deck space in order
for the property owner to functionally utilize their deck.
COMMISSION OPTIONS
1. Approval. The Planning and Zoning Commission may recommend approval
to the City Council of said request finding that the request meets
the conditions established in Ordinance No.8, Section 5.04,
2. Denial. The Planning and Zoning Commission may recommend denial to
the City Council of said request. The Commission finds that no
\ hardship exists due to the unique shape or topography of the parcel
, ) and that the land owner would not be precluded reas'onable use of
the property.
3. Table. The Plmming and Zoning Commission may table the item pending
further information from staff or the applicant.
A resolution is attached for your review.
ST AFF RECOMMEDATlON
Staff recommends approval of said variance,
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CITY of ANDOVER
1685 CROSSTOWN BOULEVARD N.W. - ANDOVER, MINNESOTA 55304 -(612) 75?-S100
. VARIANCE REQUEST FO:R:'M:' -'" .~,;.:.:,<.._,::,..::;..'.,.~.
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, Is the property Abstract or Torrens: (To verify this call the Anoka Co~ty Office at 323~54do'~ith:
... the property PIN number) , ..-
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Abstract /"-.. Torrens , 1/
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A hardship must be present in order for a variance to be granted.
Ordinance 8, Section 5.04 defines a hardship as follows: "Where there are practical
~. difficulties or unnecessary hardships in any way of carrying out the strict letter of the
provisions of this Ordinance, an appeal may be made and a variance granted. The
hardships or difficulties must have to do with the characteristics of the land and not the
property owner. "
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) VARIANCE REQUEST
PAGE 2
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SectlOn of Ordmance ./ ! ",'.7 ,cr",r- Current Zomng I? I
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CRITERIA FOR GRANTING A VARIANCE
In granting a variance, the City Council shall consider the advice and recommendation of
the Planning and Zoning Commission and:
1. If the request is in keeping with the spirit and intent ofthis Ordinance.
2, If it finds that strict enforcement of this Ordinance will cause undue hardship
because of circumstances unique to the individual property under consideration.
3, If it finds that denying the request does not deny reasonable use of the property.
4. Economic considerations shall not constitute an undue hardship if reasonable use
\, ) of the property exists under the terms of the Ordinance,
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Address ? .q; 'I I ',;77 A /1/' / ~ 11-/'
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Home Phone'z",.... -; 6?,;'; / /Business PhoI}e..,;<tr '7 y;:/,O Fax /:? r /' /' /
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(If different from above)
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VARIANCE REQUEST
PAGE 3
The following information shall be submitted prior to review by the City of Andover:
1. Signed application and scaled drawing showing the following:
a. Scale
b. North arrow
c. Dimensions of the property and structures
d. Front, side, and rear yard building setbacks
e. Adjacent streets
f. Location and use of existing structures within 100 feet
Application Fee: ~
Single Family fleJ) dY
Other Requests $175.00
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\, j Anoka County Recording F~
' Abstract property 25
Torrens property $40,00
Date Paid D/tJ/RiXO Receipt # 00QQ9
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Variance Process
. A Public Hearing Notice will be sent out to all property owners and residents within
350' feet of the applicants proposed property.
. A sign stating "Proposed Land Use Change" is placed on the applicants property to
inform interested residents of the public hearing (For Public Hearing information
please call the informational hotline at 767-5126).
. City staff will conduct an on site inspection which includes taking pictures of the
property for the Planning and Zoning meeting.
. A staff report is prepared on the Friday before the Planning and Zoning Commission
meeting. This report can be obtained by calling City Hall (755-5100). It is
important that the applicant attend the Planning and Zoning meeting.
. Questions may be addressed to the applicant from the public or commission members.
. The Planning and Zoning Commission will vote to forward the item to the City
\ Council with a recommendation of approval or denial. The Commission may also
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table the item in order to obtain further information.
. A hardship must be present in order for the Planning and Zoning Commission to
recommend approval.
. The variance item is placed on the City Council Agenda as either a non-discussion or
discussion item.
. A Resolution by the City Council is filed at Anoka County Office.
revised 10/29/99 g:/datalstafflmbarnett/variance,doc
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CRITERIA FOR GRANTING A VARIANCE
In granting a variance, the City Council shall consider the advice and recommendation of
the Planning and Zoning Commission and:
1. If the request is in keeping with the spirit and intent of this Ordinance.
2. If it finds that strict enforcement of this Ordinance will cause undue hardship
because of circumstances unique to the individual property under consideration.
3, Ifit fmds that denying the request does not deny reasonable use of the property.
4. Economic considerations shall not constitute an undue hardship if reasonable use
of the property exists under the terms of the Ordinance.
Variance Process
. City staff will conduct an on site inspection which includes taking pictures of the
r '\ property for the Planning and Zoning meeting,
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. A staff report is prepared on the Friday before the Planning and Zoning Commission
meeting. This report can be obtained by calling City Hall (755-5100), It is
important that the applicant attend the Planning and Zoning meeting.
. Questions may be addressed to the applicant from the public and commission
members.
. The Planning and Zoning Commission will vote to forward the item to the City
Council with a recommendation of approval or denial. The Commission may also '
table the item in order to obtain further information.
. A hardship must be present in order for the Planning and Zoning Commission to
recommend approval.
. The variance item is placed on the City Council Agenda as either a non-discussion or
discussion item.
. A Resolution by the City Council is filed at Anoka County Office.
'\ revised: 8/26/99 g:/data/staff/mbarnett/variance,doc
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'. '.. 110 Hakanson Certificate of Survey
Anderson
1 Assoc.,lnc.
Engineers, Surveyors &. l.andscape Architects
Z22 Monroe Street. Anoka. M1nnesot.1 SS303
6121427.5860
Survey for: Boen Construction ~ .s 89.4~ '47",E
DESCRIPTION: 1 1"~ 80.00 ~
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Lot 23, Block 3, ---
WOODLAND TERRACE FOURTH ADDITION,
Anoka County, Minnesota.
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Book /80 Page Z9-30
See. T. R. 4/6k7 /374.14 Reg,No,
Date lob No,
\ CITY OF ANDOVER
)
REQUEST FOR CITY COUNCIL ACTION
DATE: April 18, 2000
AGENDA SECTION ORIGINATING DEPARTMENT
Non-Discussion Planning
ITEM NO.
Variance 00-03 John Hinzman
NE Y4 of Section 28 City Planner
l1l. Donald Eveland
Request
The City Council is asked to approve the following variance request of Donald Eveland
on property located in the NE Y4 of Section 28 (PIN 28-32-24-11-0001; -14-0001)
generally located west of the applicants current residence at 14722 Crosstown Blvd NW:
\
, ) I) Vary from the one unit per quarter quarter section (40 acre) maximum density and
300 foot frontage provision of Ordinance 57, Section 4B(5)
2) Vary from the buildable lot provision requiring street frontage of Ordinance 8,
Section 4.04(A).
The subject property is approximately 64.2 acres and is zoned R-1, Single Family Rural
(Agriculture Preserve).
Background
The Planning and Zoning Commission voted 4-0 (3 absent) to approve the proposed
change at the March 28, 2000 meeting with limited discussion. Please see the attached
minutes for more information
Attachments
. Resolution for approval
. Planning and Zoning Commission Minutes - March 28, 2000
. Planning and Zoning Commission Staff Report - March 28,2000
'/
\
)
CITY OF ANDOVER
COUNTYOFANOKA
STATE OF MINNESOTA
RES. NO. R -00
A RESOLUTION APPROVING THE V ARlANCE REQUEST OF DONALD
EVELAND TO ORDINANCE NO.8 AND 57 FOR THE CONSTRUCTION OF TWO
HOMES AND ACCESSORY BUILDINGS ON PROPERTY LOCATED IN THE
NORTHEAST QUARTER OF SECTION 28 (pIN 28-32-24-11-0001; -14-0001).
WHEREAS, Donald Eveland is the owner of the following legally described
parcels located in the Northeast Quarter of Section 28:
The Northeast Quarter of the Northeast Quarter of Section 28, Township 32, Range 24,
Anoka County, Minnesota.
AND
The Southeast Quarter of the Northeast Quarter of Section 28, Township 32, Range 24,
\ Anoka County Minnesota lying north of County Ditch No, 57 (Coon Creek),
\, )
WHEREAS, Donald Eveland has requested the following variances to Ordinance No.8
and 57:
1) Vary from Ordinance 8, Section 4,04(A) requiring street frontage on a publicly
owned and maintained street right-of-way.
2) Vary from Ordinance No, 57, Section 4B(5) requiring a one unit per 40 acre
maximum density requirement for properties in the Agriculture Preserve District.
3) Vary from Ordinance No. 57, Section 4B(5) requiring 300 feet offrontage along a
publicly accepted and maintained road requirement for properties in the
Agriculture Preserve District.
WHEREAS, the Planning and Zoning Commission has reviewed said requests and has
determined they meet the requirements of Ordinance Number 8 and 57; and
WHEREAS, the Planning and Zoning Commission finds the condemnation of adjacent
land by Independent School District No, 11 creates a practical difficulty and unnecessary
hardship upon the remaining acreage meeting the requirements to grant a variance of
Ordinance No.8 and 57; and
/
Regular Andover Planning and Zoning Commission Meeting
'\ Minutes - March 28, 2000
j Page 18
encroach into the ten foot sideyard setback from . terior lot line on the property located at
3547 133rd Lane NW, legally described as Lot 23, Bloc ,,,,Woodland Terrace Fourth Addition.
Motion carried on a 4-ayes, O-nays, 3-absent vote. "
Chair Squires stated this item would be considered at the April 18, 20 'ty Council meeting,
VARIANCE TO ORDINANCE 57 & 8 - SECTION 4.04 NE 1/4 OF SECTION 28 -
DONALD EVELAND
Mr, Hinzman presented an overview of the request submitted by the applicant Donald Eveland.
The subject property is approximately 64.2 acres and is zoned R-l, Single Family Rural. The
applicant is requesting to vary from the one unit per quarter section maximum density and 300
foot frontage provision of Ordinance 57, Section 4B, and to vary from the buildable lot provision
requiring street frontage of Ordinance 8, Section 4.04.
Mr. Hinzman listed the applicable Ordinances pertaining to the applicant's request. Mr. Eveland
owns and farms approximately 144 acres west of Crosstown Boulevard in Sections 27 and 28.
Independent School District No, 11 has selected the eastern 80 acres owned by the applicant for a
'\ High School Site. The School District construction plans would require the removal of two
, - )
homes and accessory buildings owned by the Eveland family. The applicant desires to relocate
his operation, by constructing two homes and accessory buildings to the western landlocked 64
acres ofland.
Mr, Hinzman reported the staff review regarding agricultural density. First, the City Council has
not entertained or granted a variance to Ordinance 57, Agricultural Preserve since its 1982
adoption. Second, the School District intends to condemn the eastern 80 acres for the school:
Third, the applicant filed for Agricultural Preserve termination in 1997 for expiration in 2005.
Fourth, the Metropolitan Urban Service Area (MUSA) expansion is planned for the western 64
acres during the 2005-2010 time frame. Finally, the condemnation of the Eveland property
would create a "practical difficulty or unnecessary hardship not created by the property owner"
meeting the requirements necessary to grant a variance as defined in Ordinance 57.
Mr. Hinzman also reported the minimum street frontage provisions., First, the City of Andover
has agreed to construct a roadway between Round Lake Boulevard and Crosstown Boulevard as
required by the School District. Second, placement of the two homes and accessOlY buildings
could be designed to comply with minimum street frontage and lot requirements of Ordinance 8
and 57 once the roadway is constructed - causing the variances to be temporary in nature. Third,
condemnation of the eastern 80 acres eliminates all road frontage to the remaining acreage
creating a "practical difficulty or unnecessary hardship not created by the property owner"
" meeting the requirements necessary to grant a variance as defined in Ordinance 8 and 57.
J Fourth, the applicant would need to secure a temporary ingress and egress easement across the
eastern 80 acres until a permanent road is constructed to the property.
Regular Andover Planning and Zoning Commission Meeting
'\ Minutes - March 28, 2000
,
/ Page 19
Commissioner Hedin questioned how there can be a setback determined if we don't know how
the road will be routed, Mr. Hinzman explained in greater detail the specifics of the two roads,
and that it is not being figured from an MSA standpoint.
Commissioner Hedin questioned if the School District has decided if they want 80 or 180 acres.
Mr, Carlberg explained the School District is unsure at this time as to the amount of acres
desired.
Commissioner Hedin questioned if the amount of acres the School District desires, will impact
the decision made tonight in regard to the variance request.
Mr, Hinzman stated that the City of Andover has committed to building a Municipal State Aid
road.
Commissioner Kirchoff questioned if the only reason they are moving the building is to build the
road.
\ Motion by Kirchoff, seconded by the Planning Commission, to recommend approval to the City
\,) Council for the following variance requests:
1. Vary from the one unit per quarter secti?n (40 acre) maximum density and 300 foot
frontage provision of Ordinance 57, Section 4B(5).
2. Vary from the buildable lot provision requiring street frontage of Ordinance 8,
Section4.04(A).
Motion carried on a 4-ayes, O-nays, 3-absent vote.
Chair Squires stated this item would be considered at the Aprill8, 2000 City Council meeting.
VARIANCE - REAR YARD SETBACK-143XX BUTTERNUT ST - SEMLER
CONSTRUCTION INC. ~pJ..p'
,-
,
Mr. Johnson presented an overview of the variance request emler Construction In~. The are
requesting to allow for the construction and placem .,&; of a single family home which will
/'
encroach into the rearyard setback on the prop~' cated at 143XX Butternut Street NW. The
property is zoned R-I, Single Family Rural.~'
/
Mr. Johnson listed the applicable Ord;, ces pertaining to the applicant's request. The applicant
is requesting to construct a single. lily home, which will encroach 34,5 feet into the fifty-foot
rearyard setback. The lot c ntly fronts onto Butternut Street NW, and according to the
, .J Comprehensive Sewer E ion Plan will be served 2005-20 I O. The applicant wants to place
,
,
CITY OF ANDOVER
REQUEST FOR PLANNING COMMISSION ACTION
DATE: March 28, 2000
ITEM NO. 9 ORIGINATING DEPARTMENT
V AR 00-03 Planning
Variance to Ordinance 57 (Ag Preserve)
& 8, Section 4.04 (Lots) John Hinzman
NE V4 of Section 28 City Planner
Donald Eveland
Request
The Planning and Zoning Commission is asked to review the following variance request
of Donald Eveland on property located in the NE V4 of Section 28 (pIN 28-32-24-11-
0001; -14-0001) generally located west of the applicants current residence at 14722
'\ Crosstown Blvd NW:
\ /
1) Vary from the one unit per quarter quarter section (40 acre) maximum density and
300 foot frontage provision of Ordinance 57, Section 4B(5)
2) Vary from the buildable lot provision requiring street frontage of Ordinance 8,
Section 4.04(A).
The subject property is approximately 64.2 acres and is zoned R-1, Single Family Rural
(Agriculture Preserve),
Applicable Ordinances
Minnesota State Statutes Chapter 473H, Metropolitan Agricultural Preserves, defines
eligible agricultural preserve land as having a maxImum density of one unit per 40 acres
and enumerates certification of agriCultural preserve land to local metropolitan
municipalities.
Ordinance 57, Agricultural Preserve, Section 4B(5) prohibits single family dwellings
exceeding a density of one unit per quarter quarter (40 acres) and requires single family
dwelling parcels to have at least 300 feet of frontage along a road accepted and
maintained by the city.
,
,
/
Lot SplitlVariance 00,05 March 28, 2000 P & Z Report
17138 Aztec StreetNW - Norton Page 2 of3
, )
Ordinance 57, Agricultural Preserve, Section 41 establishes the variance procedure,
stating "where there are practical difficulties or unnecessary hardships in any way of
carrying out the strict letter of the provisions oftbis ordinance, an appeal may be made
and a variance granted. The hardships or difficulties must have to do with the
characteristics of the land and not the property owner."
Ordinance 8, Section 4.04(A), Zoning Ordinance - Lot Provisions states, "A lot or parcel
of land.., may be deemed a buildable lot provided it has frontage on a public street right-
of-way which has been accepted and is currently maintained by the City."
Ordinance 8, Section 5.04, Zoning Ordinance - Variance Procedure states, "Where there
are practical difficulties or unnecessary hardships in any way of carrying out the strict
letter ofthe provisions of this Ordinance, an appeal may be made and a variance granted.
The hardships or difficulties must have to do with the characteristics of the land and not
the property owner."
Background
The applicant, Donald Eveland, owns and farms approximately 144 acres west of
\ Crosstown Boulevard in Sections 27 and 28. Independent School District No. 11
) (Anoka-Hennepin) has selected the eastern 80 acres owned by the applicant for a High
School Site. The school district construction plans would require the removal of two
homes and accessory buildings owned by the Eveland family. The applicant desires to
relocate his operation, by constructing two homes and accessory buildings to the western,
landlocked 64 acres of land.
Staff Review
Agricultural Density ,
. The City Council has not entertained or granted a variance to Ordinance 57,
Agricultural Preserve since its 1982 adoption.
. The School District intends to condemn the eastern 80 acres for the school.
., The applicant filed for Agricultural Preserve termination in 1997 for expiration in
2005.
. Metropolitan Urban Service Area (MUSA) expansion is planned for the western 64
acres during the 2005-2010 time frame.
. Condemnation of the Eveland property would create a "practical difficulty or
unnecessary hardship not created by the property owner" meeting the requirements
necessary to grant a variance as defmed in Ordinance 57.
,
, J
Lot SplitlVariance 00,05 March 28, 2000 P & Z Report
17138 Aztec Street NW - Norton Page 3 00
) Minimum Street Frontage Provisions
. The City of Andover has agreed to construct a roadway between Round Lake Blvd. and
Crosstown Blvd, as required by the School District.
. Placement of the two homes and accessory buildings could be designed to comply with
minimum street frontage and lot requirements of Ordinance 8 and 57 once the roadway
is constructed - causing the variances to be temporary in nature.
. Condemnation of the eastern 80 acres eliminates all road frontage to the remaining
acreage creating a "practical difficulty or unnecessary hardship not created by the
property owner" meeting the requirements necessary to grant a variance as defmed in
Ordinance 8 and 57.
. The applicant would need to secure a temporary ingress and egress easement across
the eastern 80 acres until a permanent road is constructed to the property,
Planning Commission Options
1. Recommend approval of the variances, finding it meet the requirements of
Ordinance No.8 and 57
2. Recommend denial of the variance, finding it does not meet the requirements of
Ordinance No.8 and 57. In recommending denial of the request, the Commission
shall state those reasons for doing so,
\
/ 3. Table the request pending further information,
Staff Recommendation
Staff recommends approval of the proposed variances. Please see the attached resolution.
Attachments
. Resolution for approval
. Area Location Map
. Copy of Ordinance No. 57
. Copy of Variance Application
,
~ City of Variance Request
Andover Donald Eveland
~I '"'' I
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LEG END ~'!; "(,~ N Sources:
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, .
'\ CITY OF ANDOVER
) COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO. 57
THE AGRICULTURAL PRESERVATION ORDINANCE, PROMOTING THE
HEALTH, SAFETY AND GENERAL WELFARE OF THE CITIZENS OF THE CITY
OF ANDOVER, COUNTY OF ANOKA, STATE OF MINNESOTA.
Section 1. Legislative Intent and Findings of Fact.
The governing body does hereby find that the land in the City of Andover for
which the logical and proper use is agriculture is threatened by rapid expanding growth
and urban development. The governing body further fmds that urban development must
be accommodated in a logical and orderly fashion in order to minimize the conflicts
between urban and agricultural uses. The governing body further finds that the
development and urbanization of high quality agricultural land is detrimental to the long
range development plan of the City of Andover.
It is the purpose of this Ordinance to identify and classify such lands in the City of
/ '\ Andover for which the logical and proper long term use is agriculture and to preserve and
\,~) protect said agricultural uses pursuant to Minnesota Statute 473H. (57A,1O-l9-82)
Section 2. Definitions.
A. Accessory Structure: A structure or portion of a structure
subordinate to and serving the principal use or structure on the same lot and customarily
incidental thereto.
B. Building: any structure having a roof which may provide shelter or
enclosure of persons, animals or cattle and when said structures are divided by party
walls without openings, any portion of such building so separated shall be deemed a
separate building.
C. Capital Improvement Program: An itemized program for a five (5)
year prospective period, subject to at least biennial review, setting forth the schedule,
timing and details of specific contemplated public improvements by year, together with
their estimated cost, the need for each improvement, financial sources, and the financial
impact that the improvements will have on the local governmental unit.
D. Commercial Agriculture: The use ofland for the growing and/or
, production of field crops. livestock, and livestock products for the production of income
/ including but not limited to the following:
I .
\ (I) Field crops, including: Barley, soy beans, com, hay, oats, potatoes, r-
I sorghum and sunflowers and vegetables.
J
(2) Livestock, including: Dairy and beef cattle, goats, horses, sheep,
hogs, poultry, game birds and other animals including ponies, deer,
rabbits, and mink.
(3) Livestock products, including: milk, butter, cheese, eggs, meat, fur
and honey. .
E. Comprehensive Sewer Policy Plan: A plan adopted by a local
governmental unit describing, designating and scheduling the areas to be sewered by the
public system, the existing and planned capacities of the public system, the standards and
conditions under which the installation of private sewer systems will be permitted, and to
the extent practicable, the areas not suitable for public or private systems because of
public health, safety and welfare considerations.
F. Drainage System: Any natural or artificial feature or structure used for
the conveyance, drainage, or storage of surface and/or underground water, including, but
not limited to, streams, rivers, creeks, ditches, channels, conduits, gulleys, ravines,
washes, lakes or ponds and structures such as culverts, drainage tile, dams, bridges and
\ water storage basins.
\, ) A private road or path for vehicle access to a publIC road,
G. Driveways:
which is wholly located on the parcel which is afforded access.
H. Dwelling Unit: A residential building or portion thereof intended
for occupancy by a family but not including, hotels, motels, boarding or rooming houses,
tourist homes or trailers.
1. Farm: Real property used for commercial agriculture or horticulture
comprising at least forth (40) acres of either contiguous or non-contiguous acreage, all of
which is owned and operated by a single family, family corporation, individual or
corporation, Separate parcels must meet the minimum size requirements set out in
Minnesota Statutes, 473H.03, Subdivision 2, i.e., ten (10 a,) acres.
J. Farm Building: Any building or accessory structure other than a
farm or non-fann dwelling which is used in a fanning operation, including, but not
limited to, a barn, granary, silo, fann implement storage building or milk house,
K. Feedlot: An area where fifteen (15) or more non-domestic animals
are confined,
\ L. Historic Site: Structure or area ofland or water of historic,
J
archeological, paleontological or archite~n'r3.! value wnich has I-,ee~ desig:led 25 an
2 .
, historic site in the Federal Register of historical landmarks, the Minnesota Historical
j Society, or by local governmental unit.
M. Home Occupation: Any gainful occupation or profession engaged in by
the occupant of a dwelling at or from the dwelling when carried on within a dwelling unit
and not in an accessory building provided that no signs other than those normally utilized
in residential districts are present, no stock in trade is stored on the premises, over-the-
counter retail sales are not involved, and entrance to the home occupation is gained from
within the structure.
N. Horticulture: The use ofland for the growing or production for income of
fruits, vegetables, flowers, nursery stock, including ornamental plants and trees, and
cultured sod.
O. Irrigation System: Any structure or equipment, mechanized or other,
used to supply water for commercial agriculture or horticulture, including, but not limited
to, wells, pumps, motors, pipes, culverts, gates, dams, ditches, tanks, ponds, and
reservoirs.
P. Parcel: A separate area of land, including a lot, having specific
boundaries and capable of being conveyed and recorded,
\ Q. Quarter Quarter Section: The northeast, northwest, southwest or
, )
southeast quarter of a quarter section delineated by the United States Government system
ofland survey and which is exactly or nearly forth (40 a,) acres in size.
R. Relatives: Father, mother, spouse, brother, sister, son, daughter, son-
in-law, daughter-in-law.
S. Road: A public thoroughfare, including without limitation streets,
highways, freeways, parkways, thoroughfares, roads, avenues, boulevards, lanes, or
places, however described: but not including private driveways or routes.
T. Structure: Any erected, the use of which requires more or less
penn anent location on the ground, or attached to something having a pennanent location
on the ground. This shall include signs.
U. all other definitions contained in the Andover City Zoning Ordinance shall
also be applicable to this Ordinance.
Section 3. Designation and Establishment of District.
A. The following zoning district together with the applicable requirements
"- contained herein is hereby established as a part of the Zoning Ordinance of the City of
j
Andover:
3 .
,
) AgP Agricultural Preservation District
B. The locations and boundaries of the district established by this ordinance
shall be set forth on the zoning map of this City and said may is hereby made a part of
this Ordinance., Said map consisting on sheets, and all notations, references and data
sho'Ml thereon is hereby incorporated by reference into this Ordinance and shall be made
as much a part of it as if all were full described herein. The zoning map shall be kept on
file in the Zoning Administrator's office.
Section 4. AgP Agriculture Preservation District.
A. Intent. This district is intended to contain those areas of Andover where it
is necessary and desirable, because of the high quality of the soils, availability of water,
and/or higWy productive agricultural capability to preserve, promote, maintain, and
enhance the use of the land for agricultural purposes and to protect such land from
encroachment by non-agricultural uses, structures, or activities. It is also intended that
those areas within the Metropolitan Urban Service Area boundary which are determined
by the City Council to be unfeasible because of soils and other geological factors fro
residential, commercial or industrial purposes be allowed the same protection. (57A, 10-
19-82)
\, B. Permitted Use and Structures. The following uses shall be
, )
, , permitted by right:
(I) Commercial agriculture and horticulture
(2) Farm buildings
(3) Farm drainage and irrigation systems
(4) Forestry
(5) Permanent single family dwelling units which do not exceed a
density of one (1) per quarter quarter section
(a) The single family dwelling unit shall be located on a
separate parcel which is at least two and one-half (2 !4 a.)
acres in size.
(b) The parcel on which the single family dwelling unit is
located must have at least three hundred (300') feet of
" frontage along a road which has been accepted and is
; maintained by the City.
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4
, (c) The driveway serving the parcel shall be separated from
J adjacent driveways on the same side of the road by the
, ,
following distances depending upon road types.
Local Road 100 feet
Collector Road 300 feet
Minor Arterial 500 feet
Minimum distance from
intersection of two (2) or
more of the above 100 feet
(d) The single family dwelling unit shall be set back at least
seventy-five (75') feet from the road right-of-way.
(6) Historic sites
C. Permitted Accessory Uses and Structures, The following accessory uses
and structures shall be permitted:
(1) Uses and structures which are customarily accessory and clearly
incidental and subordinate to permitted uses and structures,
, including:
J
(a) Private garages.
(b) Playhouses, swimming pools, and storage buildings
appurtenant to single family dwelling,
(c) Landscaping items.
(d) Dwelling units which are temporarily occupied by seasonal
workers who are employed on the agricultural property
where they are located. Such dwelling units shall not be
occupied during the time that the agricultural property is
not being actively farmed.
D, Special Uses, The following Special Uses may be approved by the city of
Andover in the AgP Agricultural Preservation District provided that the provisions and
requirements of Section 4.E (Standards for Granting Special Use Permits) of the Zoning
Ordinance are fulfilled:
(1) Feedlot and poultry facilities.
(2) Agricultural service establishments primarily engaged in
\ performing agricultural animal husbandry or horticultural services
I
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on a fee or cl'"t~act basis induc!ing but not Hr'1ited tl', C:"l"!
.
5
, shelling, hay baling and threshing; sorting, grading and packing
} fruits and vegetables for the grower; agricultural produce milling
and processing; horticultural services; crop dusting; fruit picking;
grain cleaning; land grading; harvesting and plowing; farm
equipment service and repair; veterinary structures for the sale of ,
agricultural produce grown on the site.
(3) Public utility and public service structures including electric
transmission and distribution lines, substations, gas regulator
stations, communications equipment buildings, pumping stations
and reservoirs.
(4) Home occupations.
E, Standards for Grantin~ Special Use Permits. No special use permit shall
be issued by the City of Andover unless following review and written findings it
determines that the proposed use satisfies the following conditions:
(1) The use shall not be one to which the noise, odor, dust, or chemical
residues of commercial agriculture or horticulture might result in
creation or establishment of a nuisance or trespass.
\ (2) All agricultural service establishments shall be located at least
" J
three hundred (300') feet from any driveway affording access to a
farm dwelling and at least five hundred (500') feet from any single
family dwelling.
(3) All agricultural service establishments may require screening from
the public view on the perimeter the establishment by a solid fence,
wall, or natural vegetation of not less than eight (8') feet in height.
(4) An agricultural service establishment shall be incidental and
necessary to the conduct of agriculture within the district.
(5) Public utility and service structures shall be located and
construction at such places and in such manner that they will
minimize segmenting land of anyone farm and will not interfere
with the conduct of agriculture by limiting or interfering with the
access to fields or the effectiveness and efficiency of the farmer
and farm equipment including crop spraying aircraft.
F. Prohibited Uses and Structures. All other uses and structures which
are not specifically permitted by right or by special use permit shall be prohibited in the
, AgP Agricultural Preservation District.
6
, G. Minimum Lot Sizes. Yard Requirements and Structure Spacings. Shall
i be set as forth for the R-I zoning district under the Andover City Zoning Ordinance.
H. Whenever property is zoned for AgP within the Scenic River District, the
most restrictive provisions of Ordinance 57 and Ordinance 52 shall apply.
1. V ariances and Appeals. Where there are practical difficulties or
unnecessary hardships in any way of carrying out the strict letter of the provisions of this
ordinance, an appeal may be made and a variance granted. The hardships or difficulties
must have to do with the characteristics of the land and not the property owner. The
procedure for granting variances is as follows:
(1) A person desiring a variance shall fill out and submit to the City
Clerk, a "Request for Variance" from together with a fee as
established by City Council Resolution. All other request$ shall
have a fee as set by City Council resolution.
(2) The application shall be referred to the Planning Commission
which shall submit a report to the City Council.
(3) The petitioner shall appear before the Planning Commission in
. order to answer questions.
,
, J
(4) The City Council may grant the variance if it finds that a hardship
has been created by the shape or condition of the parcel in
question; granting the variance is necessary to the reasonable use'
of the land and granting the variance will not adversely affect the
existing or potential use of adjacent land.
(5) The petitioner, if appealing an interpretation of this Ordinance by
an employee of the city shall not be subject to the required fee. ,
J. Enforcement Officer and Penalty. Any person, firm, corporation or
voluntary association which violated or refuses to comply with any of the provisions of
this Ordinance shall be guilty of a misdemeanor, and upon conviction thereof shall be
punished as defined by State Law.
K. Effective Date. This Ordinance shall become effective upon its
adoption and publication according to law.
Adopted by the City Council of the City of Andover this 2nd day of February,
1982.
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,
CITY OF ANDOVER
JERRY WINDSCHITL
Mayor
ATTEST:
PATRICIAK. LINDQUIST
City Clerk
57A,10-19-82
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/ CITY of ANDOVER ' ' " "
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1685 CROSSTOWN BOULEVARD N,W, . ANDOVER, MINNESOTA 55304.' (612)755-5100
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A hardship must be present in order for a variance to be gra_nted.
Ordinance 8, Section 5.04 defines a hardship as follows: "Where there are practical
, difficulties or unnecessary hardships ill any way of carrying out the strict letter of the
I . _".
provisions of this Ordinance, an appeal may be made and a variance granted. 1)1e
hardships or difficulties must have to do with the characteristics of the land and not the
property owner. "
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Specific Hardship
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7114--/
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
, DATE: April 18. 2000
AGENDA SECTION ORIGINATING DEPARTMENT
Non-Discussion Planning
Jeff Johnson, Zoning Administrator
ITEM NO.
Approve Variance (00-04)
Rear Yard Setback (Principal Structure)
I43XX Butternut Street NW
Semler Construction Inc.
14.
Request
The City Council is asked to review and approve the variance request of Semler Construction
Inc. to allow for the construction and placement of a single family home to encroach 34.5 feet
into the fifty (50) foot rear yard on the property located at I43XX Butternut Street NW.
The lot is currently zoned R-I, Single Family Rural. The applicant wants to place the new home
on the lot in a location that is easily accessible for future urban services when the land is
developed.
Plannin~ and Zonin!! Commission Review
The Planning and Zoning Commission met on March 28, 2000 and voted unanimously to
recommend approval to the City Council of said variance request. The meeting minutes are
attached for your review.
Please review the attached resolution.
/
'\ CITY OF ANDOVER
I
/ COUNTYOFANOKA
STATE OF MINNESOTA
RESOLUTION NO,
-
A RESOLUTION GRANTING THE VARIANCE REQUEST OF SEMLER
CONSTRUCTION INC. TO ORDINANCE NO.8, SECTION 6,02 WHICH REQUIRES
A FIFTY (50) FOOT REARYARD SETBACK FROM THE REAR PROPERTY LINE
AND ALLOW FOR THE CONTSRUCTION OF A SINGLE F AMIL Y HOME TO
ENCROACH THIRTY FOUR AND ONE-HALF (34.5) FEET INTO THE REARY ARD
SETBACK FROM REAR LOT LINE ON THE PROPERTY LOCATED AT 143XX
BUTTERNUT STREET NW, LEGALLY DESCRIBED AS FOLLOWS:
The West Half of the East Half of the East Half of the Southeast Quarter, Section 25,
Township 32, Range 24, Anoka County, Minnesota, lying north of the following
described line: Beginning at a point on the east line of said West Half of the East Half of
the East Half of the Southeast Quarter distant 1257.33 feet south along said east line from
the northeast comer of said West Half of the East Half of the East Half of the Southeast
Quarter to a point on the west line of said West Half of the East Half of the East Half of
"- the Southeast Quarter distant 1357.17 feet north along said west line from the southwest
) comer of said West Half of the East Half of the East Half of the Southeast Quarter and
said line there terminating. Except the North 673.01 feet thereof. Also known as part of
Lot 8, Auditor's Subdivision No, 141.
WHEREAS, Semler Construction Inc. has requested a variance to Ordinance No.
8, Section 6,02 which requires a fifty (50) foot setback from the rear lot line and to allow
for the construction and placement of a single family home to encroach 34.5 feet into the
rearyard setback from the rear lot line on the property located at 143XX Butternut St.
NW, legally described above.
WHEREAS, the Planning and Zoning Commission has reviewed the request and
has determined that said request meets the criteria of Ordinance No, 8, Section 5,04; and
WHEREAS, the Planning and Zoning Commission recommends to the City
Counc:il approval of the variance requested.
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 hereby approves the variance requested by Semler Construction Inc, to
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\ Page Two
) Resolution
Semler Construction Inc.
Ordinance No, 8, Section 6.02 which requires a fifty (50) foot setback from the rear lot
line and to allow the construction and placement of a single family home to encroach 34.5
feet into the rearyard setback from the rear lot line on the property located at 143XX
Butternut Street NW, legally described above with the following conditions:
1. If the property is subdivided or platte4 the single family home shall meet the
minimum setback requirements as stated in the Zoning Ordinance.
Adopted by the City Council of the City of Andover on this _ day of ,2000.
ATTEST: CITY OF ANDOVER
'. Victoria V olk, City Clerk J, E, McKelvey, Mayor
)
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Regular Andover Planning and Zoning Commission Meeting
Minutes - March 28, 2000
Page 19
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Commissioner Hedin questioned how there can be a setback determined if we don't know ow
the road will be routed. Mr. Hinzman explained in greater detail the specifics of the tw roads,
and that it is not being figured from an MSA standpoint.
Commissioner Hedin questioned if the School District has decided if they wa o or 180 acres.
Mr. Carlberg explained the School District is unsure at this time as to e amount of acres
desired.
Commissioner Hedin questioned if the amount of acres the Sc
the decision made tonight in regard to the variance request.
Mr, Hinzman stated that the City of Andover has c mitted to building a Municipal State Aid
road.
Commissioner Kirchoff questioned if the y reason they are moving the building is to build the
road.
, Motion by Kirchoff, seconded the Planning Commission, to recommend approval to the City
" ) Council for the following v ance requests:
1. Vary fro he one unit per quarter section (40 acre) maximum density and 300 foot
fronta provision of Ordinance 57, Section 4B(5),
2, V from the buildable lot provision requiring street frontage of Ordinance 8,
ection 4.04(A).
arried on a 4-ayes, O-nays, 3-absent vote.
lair Squires stated this item would be considered at the April 18, 2000 City Council meeting.
VARIANCE - REAR YARD SETBACK- 143XX BUTTERNUT STREET NW - SEMLER
CONSTRUCTION INe.
Mr. Johnson presented an overview of the variance request of Semler Construction In~, The are
requesting to allow for the construction and placement of a single family home which will
encroach into the rearyard setback on the property located at 143XX Butternut Street NW. The
property is zoned R-1, Single Family Rural.
Mr, Johnson listed the applicable Ordinances pertaining to the applicant's request. The applicant
is requesting to construct a single-fanlily home, which will encroach 34,5 feet into the fifty-foot
rearyard setback. The lot currently fronts onto Butternut Street NW, and according to the
" Comprehensive Sewer Extension Plan will be served 2005-2010, The applicant wants to place
,
Regular Andover Planning and Zoning Commission Meeting
Minutes - March 28, 2000
\ Page 20
)
the new home on the lot in a location that is easily accessible for future urban services when the ,
land is developed.
Chair Squires questioned the developer as to why they are selecting to build on this particular lot.
Mike Quigley of Semler Construction supported their reasoning for selecting this specific lot.
Chair Squires questioned the developer if they were expecting a subdivision to be developed in
the future. Mr. Hinzman explained by referring to the map what could be developed in future
years.
Commissioner Kirchoff questioned what will be the width of the proposed lot. The developer
stated the width will be 100 feet.
Mr. Hinzman stated that under the R-l rule it does not meet the standards, but under the R-4 rule
with construction of the road as sketched it would meet the minimum standards. Chair Squires
questioned if these standards are in regard to a street. The developer stated that indeed these
standard are for a street.
'" ) Commissioner Kirchoff questioned if the street is going to be constructed prior to the house, Mr.
Hinzman explained there have been no formal intentions from the developer at this time; also he
was unsure of the time frame projected.
Mr. Carlberg supported reasoning that would resolve the issue as to whether or not a future road
is necessary. Mr. Hinzman explained the location of the road and lot while referring to a City
map, per Chair Squires' request.
Commissioner Hedin questioned if variance requests have been honored in the past due to
hardship. Mr. Hinzman explained that they look at it as a temporary hardship, and we have
granted temporary variances in the past.
Commissioner Daninger questioned if today you need a variance for a hardship, what is the
definition of a hardship. The developer stated that he wouldn't necessarily consider it as a
hardship.
Commissioner Hedin questioned what the criteria are for granting this variance if this isn't a
hardship. Mr. Hinzman explained that there have been temporary variances granted in the past.
Commissioner Hedin questioned as to what grounds temporary variances have been granted in
the past. Mr. Hinzman stated it is the Commission's responsibility to evaluate the reasoning
behind the temporary variance.
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Regular Andover Planning and Zoning Commission Meeting
Minutes - March 28, 2000
\ Page 23
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door to the garage. Two, the proposed porch would not encroach any further into the rear yard
setback than the existing deck.
Mr. Hinzman stated the points of concern the staff has reviewed, One, the reconfiguring or
reducing the proposed porch could allow the addition to meet all setback requirements. Two, the
existing deck has already violated the rear yard setback provision. Three, an 11' rear yard
setback variance was granted to construct the neighboring home at 4428 149th Avenue in 1987.
Four, similar variances have been granted in the past on homes inadvertently permitted
encroaching homes, provided the addition did not encroach further than the original structure.
Five, granting the 150' lot depth variance in 1983 compounded with the 40 foot front yard and
50 rear yard setbacks reduces the area to be developed to 45' in depth.
Commissioner Kirchoff questioned if there has been any local objection. Mr, Hinzman stated
that he has heard of no objections from surrounding property owners,
Motion by Kirchoff, seconded by Daninger, to recommend to the City Council approval of the
variance request for Robert and Rosemarie Donlin at 4472 149th Avenue NW, finding it meets
the requirements of Ordinance No, 8, Motion carried on a 4-ayes, O-nays, 3-absent vote.
, Chair Squires stated this item would be considered at the April 18, 2000 City Council meeting,
,
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OTHER BUSINESS
Mr, Hinzman stated that Item 13 has been postponed to the next P
on April 11, 2000,
Mr, Hinzman briefed the Planning Commission on t outcome of the issues that were pending
with the City Council. He also gave a brief ove . ew of items that will be up for discussion at
the next Planning Commission meeting,
Mr, Hinzman congratulated Doug Fal and his family as they announce the birth of a new baby
girl, Gabrielle,
ADJOURNMENT
Motion by Daning , seconded by Hedin, to adjourn. Motion carried on 4-ayes, O-nays, 3-absent
vote. The meet" g was adjourned at II :59 p.m.
I
CITY OF ANDOVER
REQUEST FOR PLANNING COMMISSION ACTION
DATE March 28, 2000
AGENDA ITEM ORIGINATING DEPARTMENT APPROVED FOR
10, Variance - Rear Yard Setback AGENDA
143XX Butternut St. NW Planning
Semler Construction Inc, BY: Jeff Johnson
BY:
~
REOUEST
The Planning and Zoning Commission is asked to review the variance request of Semler
Construction Inc. to allow for the construction and placement of a single family home
which will encroach into the rearyard setback on the property located at 143XX Butternut
Street NW, legally described as follows:
The West Half of the East Half of the East Half of the Southeast Quarter, Se<.::tion 25,
"- Township 32, Range 24, Anoka County, Minnesota, lying north of the following
) described line: Beginning at apoint on the east line of said West Half of the East Half of
the East Half of the Southeast Quarter distant 1257.33 feet south along said east line from
the northeast comer of said West Half of the East Half of the East Half of the Southeast
Quarter to a point on the west line of said West Half of the East Half of the East Half of
the Southeast Quarter distant 1357.17 feet north along said west line from the southwest
comer of said West Half of the East Half of the East Half of the Southeast Quarter and
said line there terminating. Except the North 673,01 feet thereof. Also known as part of
Lot 8, Auditor's Subdivision No. 141.
The property is zoned R-1, Single Family Rural.
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APPLICABLE ORDINANCES
Ordinance No.8. Section 6.02 - Minimum Lot ReQuirements.
Ordinance No 8, Section 6.02 establishes the minimum lot requirements. This Section
requires a fifty (50) foot setback from the rear property line.
Ordinance No.8. Section 5.04 - Variances.
'\ Ordinance No.8, Section 5.04 establishes the variance process. Variances may be
) granted where there are practical difficulties or Unnecessary hardships in any way of
carrying out the strict letter of the provisions of the Zoning Ordinance, The hardships or
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'\ Page Two
) Variance (00-04)
Semler Construction Inc. - 143XX Butternut Street NW
difficulties must have to do with the characteristics of the land and not the property
owner.
GENERALBACKGOUND
The applicant is requesting to construct a single family home which will encroach 34,5
feet into the fifty (50) foot rearyard setback (please see attached survey). The lot
currently fronts onto Butternut Street NW, and according to the Comprehensive Sewer
Extension Plan will be served 2005-2010. The applicant wants to place the new home on
the lot in a location that is easily accessible for future urban services when the land is
developed,
COMMISSION OPTIONS
1. Approval. The Planning and Zoning Commission may recommend approval
'\ to the City Council of said request finding that the request meets
) the conditions established in Ordinance No.8, Section 5,04.
2, Denial. The Planning and Zoning Commission may recommend denial to
the City Council of said request. The Commission finds that no
hardship exists due to the unique shape or topography of the parcel
and that the land owner would not be precluded reasonable use of
the property.
3. Table, The Planning and Zoning Commission may table the item pending
further information from staff or the applicant.
A resolution is attached for your review.
STAFF RECOMMEDATION
Staff recommends approval of said variance.
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1685 CROSSTOWN, BOULEVARD N.W,. ANDOVER, MI~NESOTA 55304 ~(6f2): 75~~.5"p:O "
, " "'VARiANCE REQuEST'FOliM::;' "..::,: '.'" " :::~,;:LJ:}~~.::,;::-:~, '.
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The West Half of the East Half of the East Half of the Southeast Quarter, Section 25, Town-
ship 32,Ran~e 24, Anoka,County, Minnesota, lying north of the following described line:
, Beginning"at a point on the east line of said West Half of the East Half of the East Half
of the Southeast Quarter distant 1257.33 feet south along said east line from the north-
east corner of said West Half of the East Half of the East Half of the Southeast Quarter
to a point on the west line of said West Half of the East Half of the East Half of the
Southeast Quarter distant 1357.17 feet north along said west line from the southwest
corner of said West Half of the East Half of the East Half of the Southeast Quarter and
said line there terminating. Except the No~th 673.01 feet thereof.
Also known as part of Lot 8, AUDITOR'S SUBDIVISION No. 141.
( if more space is needed, continue on back)
together with all hereditaments and appurtenances belonging thereto, subject to the following exceptions:
except any restrictions, reservations or easements of record, if any.
) ...... /l
\.
A hardship must be present inorderfor a variance to be granted.
Ordinance 8, Section 5.04 defines a hardship as follows: "Where there are pnictical
, difficulties or unnecessary hardships in any way of carrying out the strict letter of the "
I provisions of this Ordinance, an appeal may be made and a variance granted. The '
hardships or difficulties must have to do with the characteristics of the land and not the
property o-wner. "
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\ ) VARIANCE REQUEST
PAGE 2
Section of Ordinance Current Zoning
CRITERIA FOR GRANTING A VARIANCE
In granting a variance, the City Council shall consider the advice and recommendation of
the Planning and Zoning Commission and:
1. If the request is in keeping with the spirit and intent oftbis Ordinance.
2. If it finds that strict enforcement oftbis Ordinance will cause undue hardship
because of circumstances unique to the individual property under consideration.
3. Ifit finds that denying the request does not deny reasonable use of the property.
4. Economic considerations shall not constitute an undue hardship if reasonable use
\ of the property exists under the terms of the Ordinance.
) ...-rr...... r .,. .....".. r ............... r r ...................-.,..
Name of Applicant $~~ M~ e tV/~ ~ ~~
Address /07~J? 1~/9t.<74/ ..6 /,vd. Ce.~A.; ~?d.s
Home Phone -?5:})-~~cr Business Phone 75J:-6>c;</ Fax 9~~.3i/
Signature /9f Date 311~/t::'6
........ ... ......-.... ........ ... r ........".. r
Property Owner (Fee Owner) C! "1......-z.e
(I f different from above)
Address
Home Phone Business Phone Fax
Signature Date
,
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, VARIANCE REQUEST
PAGE 3
The following information shall be submitted prior to review by the City of Andover:
1. Signed application and scaled drawing showing the following:
a. Scale
b. North arrow
c. Dimensions of the property and structures
d. Front, side, and rear yard building setbacks
e. Adjacent streets
f. Location and use of existing structures within 100 feet
Application Fee:
Single Family $150.00
Other Requests $175.00
) Anoka County Recording Fee:
, Abstract property $25.00
Torrens property $40.00
Date Paid '6/21/00 Receipt # &113& / ~IJLjO
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Variance Process
. A Public Hearing Notice will be sent out to all property owners and residents within
350' feet of the applicants proposed property.
. A sign stating "Proposed Land Use Change" is placed on the applicants property to
inform interested residents of the public hearing (For Public Hearing information
please call the informational hotline at 767-5126).
. City staff will conduct an on site inspection which includes taking pictures of the
property for the Planning and Zoning meeting.
. A staff report is prepared on the Friday before the Planning and Zoning Commission
meeting. This report can be obtained by calling City Hall (755-5100). It is
important that the applicant attend the Planning and Zoning meeting.
. Questions may be addressed to the applicant from the public or commission members.
. The Planning and Zoning Commission will vote to forward the item to the City
" Council with a recommendation of approval or denial. The Commission may also
) table the item in order to obtain further information,
. A hardship must be present in order for the Planning and Zoning Commission to
recommend approval.
. The variance item is placed on the City Council Agenda as either a non-discussion or
discussion item.
. A Resolution by the City Council is filed at Anoka County Office.
revised 10/29/99 g:/data/staffi'mbamett/variance.doc
"
)
) CRITERIA FOR GRANTING A VARIANCE
"
In granting a variance, the City Council shall consider the advice and recommendation of
the Planning and Zoning Commission and:
1. If the request is in keeping with the spirit and intent of this Ordinance.
2. If it finds that strict enforcement of this Ordinance will cause undue hardship
because of circumstances unique to the individual property under consideration.
3. If it finds that denying the request does not deny reasonable use of the property.
4, Economic considerations shall not constitute an undue hardship if reasonable use
of the property exists under the terms of the Ordinance.
Variance Process
. City staff will conduct an on site inspection which includes taking pictures of the
property for the Planning and Zoning meeting.
"
" / . A staff report is prepared on the Friday before the Planning and Zoning Commission
meeting. This report can be obtained by calling City Hall (755-5100). It is
important that the applicant attend the Planning and Zoning meeting.
. Questions may be addressed to the applicant from the public and commission
members.
. The Planning and Zoning Commission will vote to forward the item to the City
Council with a recommendation of approval or denial. The Commission may also
table the item in order to obtain further information.
. ' A hardship must be present in order for the Planning and Zoning Commission to
recommend approval.
. The variance item is placed on the City Council Agenda as either a non-discussion or
discussion item.
. A Resolution by the City Council is filed at Anoka County Office.
revised: 8/26/99 g:/data/stafli'mbarnett/variance,doc
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
\
. ) DATE: April 18. 2000
AGENDA SECTION ORIGINATING DEPARTMENT
Non-Discussion Planning
Jeff Johnson, Zoning Administrator
ITEM NO.
Approve Variance (00-05
Roof Pitch
14122 Prairie Road NW
~~rk Menth
I .
Request
The City Council is asked to review and approve the variance request of Mark Menth to allow
for the construction of an attached garage which will not meet the minimum roof pitch of 4/12 as
per Ordinance No.8, Section 8.23 - Residential Building Standards, on the property located at
14122 Prairie Road NW.
\
, )
Planning and Zoning Commission Review
The Planning and Zoning Commission met on March 28, 2000 and voted unanimously to
recommend approval to the City Council of said variance request. The meeting minutes, Staff
report and resolution are attached for your review.
~ )
) CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RESOLUTION NO. -
A RESOLUTION GRANTING THE VARIANCE REQUEST OF MARK MENTH TO
ORDINANCE NO.8, SECTIONS 4,03 AND 8.23 TO ALLOW FOR THE
CONSTRUCTION OF AN ATTACHED GARAGE WITH A ROOF PITCH LESS
THAN 4/12 ON THE PROPERTY LOCATED AT 14122 PRAIRIE ROAD NW,
LEGALLY DESCRIBED AS FOLLOWS:
That part of the south 340 feet of the SW Y4 of Section 25, Township 32, Range 24,
Anoka County, Minnesota, lying east of the west 855,56 feet, thereof, any lying westerly
of the centerline of Prairie Road, excluding roads, subject to easements of record.
WHEREAS, Mark Menth has requested a variance to Ordinance No.8, Sections
4.03 and 8.23 to allow for the construction of an attached garage with a roof pitch less
than 4/12 on the property located at 14122 Prairie Road NW, legally described above.
.: ) WHEREAS, the Planning and Zoning Commission has reviewed the request and
has determined that said request meets the criteria of Ordinance No, 8, Section 5,04; and
WHEREAS, the Planning and Zoning Commission recommends to the City
Council approval of the variance requested.
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 hereby approves the variance requested by Mark Menth to
Ordinance No.8, Sections 4.03 and 8.23 to allow for the construction of an attached
garage with a roof pitch less than 4/12 on the property located at 14122 Prairie Road NW,
legally described above.
Adopted by the City Council of the City of Andover on this day of ,2000.
, -
ATTEST: CITY OF ANDOVER
Victoria V olk, City Clerk J. E. McKelvey, Mayor
. ...
/
Regular Andover Planning and Zoning Commission Meeting
Minutes - March 28, 2000
\ ) Page 21
Commissioner Hedin questioned Mr. Hinzman if he could elaborate on examples of tempora.r-x
variances in past years. Mr, Carlberg explained that there have been unique situations in the st
where it made sense for the developer to do it, however, it is difficult to remember the xact
details,
Commissioner Hedin questioned the developer and the staff as to how they are a ed that the
developer does indeed build even if a road never goes through. Mr. Hinzman ted there is no
sure way of knowing what will happen, but it is very likely the road will go ugh,
Chair Squires stated if one looks at the criteria for a variance in the p. ket, he believes it is a
stretch, however, he agreed that there is a state law that states a var' ce can be granted where
there are practical difficulties. He suggested granting the vari lce on grounds of practical
difficulties andJor hardship.
Commissioner Daninger stated that based on the way the quest is written, and since there is no
hardship, he would deny the request.
TIle developer explained that this is the most pr tical way to build the home. Mr. Hinzman
) questioned ifit would be possible to construct a orne on one of the other ghost plats in the area.
\ The developer explained that the home has r trictions on where it can be placed and, therefore,
the variance request is the most simplified ay to handle the problem.
Commissioner Hedin stated that he s ports the request of the variance, however, is concerned
about the time frame since the Co ission is unsure at this time as to when the street would go
through the area.
Commissioner Hedin state he sees where there could be practical difficulty with the
development. Chair Squi s explained that there would be major difficulty if it was necessary to
pick up the house and r ocate.
Mr, Hinzman read oud Ordinance No.8, Section 5,04.
Motion by K' choff, seconded by,Daninger, to recommend to the City Council approval the
vanance re est of Semler Construction Inc. to allow for the construction and placement of a
single f: y home which will encroach into the rearyard setback on the property located at
143XX uttemut Street NW for reasons of possible future hardship. Motion carried on a 3-ayes,
1-na Daninger), 3-absent vote,
lair Squires stated this item would be considered at the April 18, 2000 City Council meeting,
"
. ./ VARIANCE - ROOF PITCH -14122 PRAIRIE ROAD NW - MARK ME NTH
Regular Andover Planning and Zoning Commission Meeting
:J ' Minutes - March 28, 2000
Page 22
Mr. Johnson presented an overview of the applicant's request of a variance to allow for the
construction of an attached garage, which will not meet the minimum roof pitch requirements on
the property located at 14122 Prairie Road NW. He mentioned that the property is zoned R-1,
Single Family Rural.
Mr. Johnson listed all applicable Ordinances pertaining to the request of this variance. He
explained that the applicant is requesting to construct a garage to be attached to the single-family
home. The home has a roof pitch less than 3/12 and was constructed in 1959. The applicant
would like to tie the existing roofline of the home in with the new garage. The result is a
structure that appears to be more desirable from an architectural standpoint. Mr. Jolmson stated
that the applicant, Mark Menth, is out of the country and will be unable to speak on his behalf.
Commissioner Kirchoff if the applicants plan to have another access onto Prairie Road. Mr.
Johnson explained that they are working to remove the curb in order to widen the current
driveway.
Motion by Daninger, seconded by Hedin, to recommend to the City Council approval of the
'\ variance request of Mark Menth to allow for the construction of an attached garage, which will
, / not meet the minimum roof pitch requirements on the property, located at 14122 Prairie Road
NW. Motion carried on a 4-ayes, O-nays, 3-absent vote.
Chair Squires stated this item would be considered at the April 18, 2000 City Council meeting.
VARIANCE TO ORDINANCE 8, SECTION 6.02 - REAR YARD SETBA
ENCROACHMENT - 4472 149TH AVENUE NW - ROBERT & ROSEMARIE D IN
Mr, Hinzman presented an overview of the request for a variance pertaini
of a 14' X 18' screen porch on property located at 4472 149th Aven W. He explained that
the property is approximately 39,050 square feet and is zoned R- , ingle Family Estate.
Mr. Hinzman listed all Ordinances pertaining to the v ance request for the listed property. He
mentioned that a IS' variance was granted from t 150' minimum lot depth requirement during
the plat ofIvywood Estates in 1983. The ex' ng home was constructed in 1987. The applicant
has indicated the existing deck was co cted at the time the home was built. The City does
not have a copy of the approved bu' mg plans, however, the applicant's copy shows footings for
a deck. Footings placement own on new construction plans are considered as p art of the
overall permit for new struction. It appears that the City permitted the existing deck
encroachment.
, Mr. Hinz stated the applicant has listed the following hardships: One, the inability to
)
e the porch to meet minimum setback requirements due to the location or a service
CITY OF ANDOVER
REQUEST FOR PLANNING COMMISSION ACTION
March 28, 2000'
DATE
AGENDA ITEM ORIGINATING DEPARTMENT APPROVED FOR
11. Variance - Roof Pitch AGENDA
14122 Prairie Road NW Planning
Mark Menth Jeff Johnson
BY: BY:
.
REQUEST
The Planning and Zoning Commission is asked to review the variance request of Mark
Menth to allow for the construction of an attached garage which will not meet the
minimum roof pitch requirements on the property located at 14122 Prairie Road NW,
legally described as follows:
'\ That part of the south 340 feet of the SW Y4 of Section 25, Township 32, Range 24,
\_/ Anoka County, Minnesota, lying east of the west 855.56 feet, thereof, any lying westerly
of the centerline of Prairie Road, exc.luding roads, subject to easements of record.
The property is zoned R-l, Single Family Rural.
APPLICABLE ORDINANCES
Ordinance No.8. Section 8.23 - Residential Buildinl!: Standards.
Ordinance No 8, Section 8.23(C) establishes residential building standards. This Section
requires that all single family dwellings have a minimum roof pitch of 4/12,
".~
Ordinance No.8. Section 4.03 - Non Conforminl!: Structures.
Ordinance No.8, Section 4.03 states any structure lawfully existing upon the effective
date of the Zoning Ordinance (10/21/70) may be continued at the size and manner of
operation existing upon such date. No structural alterations shall be made.
Ordinance No.8. Section 5.04 - Variances.
, Ordinance No.8, Section 5,04 establishes the variance process. Variances may be
J granted where there are practical difficulties or unnecessary hardships in any way of
carrying out the strict letter of the provisions of the Zoning Ordinance. The hardships or
(
, , Page Two
, - J Variance (00-05)
Mark Menth - 14122 Prairie Road NW
difficulties must have to do with the characteristics of the land and not the property
owner.
GENERALBACKGOUND
The applicant is requesting to construct a garage (approximately 24' x 36') to be attached
to the single family home (please see attached plans and pictures). The single family
home has a roof pitch less than 3/12 and was constructed in 1959. The applicant would
like to tie the existing roof line of the home in with the new garage. The result is a
structure that appears to be more desirable from an architectural standpoint.
COMMISSION OPTIONS
1. Approval. The Planning and Zoning Commission may recommend approval
to the City Council of said request finding that the request meets
, '. the conditions established in Ordinance No.8, Section 5,04.
, )
~
2. Denial. The Planning and Zoning Commission may recommend denial to
the City Council of said request. The Commission finds that no
hardship exists due to the unique shape or topography of the parcel
and that the land owner would not be precluded reasonable use of
the property.
3. Table, The Planning and Zoning Commission may table the item pending
further information from staff or the applicant.
A resolution is attached for your review.
STAFF RECOMMEDATION
Staff recommends approval of said variance.
"-
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"
, CITY OF ANDOVER
~
REQUEST FOR CITY COUNCIL ACTION
DATE: April 18, 2000
AGENDA SECTION ORIGINATING DEPARTMENT
Non-Discussion Planning
ITEM NO.
Variance 00-06 John Hinzman
4472 149th Ave City Planner
\~. Robert and Rosemarie Donlin
Request
The City Council is asked to approve the following variance request of Robert and
Rosemarie Donlin pertaining to the construction of a 14' x 18' screen porch on property
located at 4472 149th Avenue NW, legally described as Lot 2, Block 3, IVYWOOD
'\ ESTATES (PIN 19-32-24-34-0015):
\ j
1) Vary 2.35 feet from the 50-foot rear yard setback provision of Ordinance 8,
Section 6.02 in order to construct a screen porch.
2) Vary +/- 13 feet from the 50-foot rear yard setback provision of Ordinance 8,
Section 6.02 for an existing deck.
The subject property is approximately 39,050 square feet and is zoned R-2, Single Family
Estate.
Back~round
The Planning and Zoning Commission voted 4-0 (3 absent) to approve the proposed
change at the March 28, 2000 meeting with limited discussion. Please see the attached
minutes for more information
Attachments
. Resolution for approval
. Planning and Zoning Commission Minutes - March 28, 2000
\ . Planning and Zoning Commission Staff Report - March 28, 2000
,~
\
) CITY OF ANDOVER
COUNTYOFANOKA
STATE OF MINNESOTA
RES. NO. R -00
A RESOLUTION APPROVING THE VARIANCE REQUEST OF ROBERT AND
ROSEMARY DONLIN TO VARY FROM THE REAR YARD SETBACK PROVISION
OF ORDINANCE 8, SECTION 6.02 ON PROPERTY LOCATED AT 4472 149TH
AVENUE NW, LEGALLY DESCRIBED AS LOT 2, BLOCK 3, IVYWOOD ESTATES
(PIN 19-32-24-34-0015),
WHEREAS, Robert and Rosemarie Donlin have petitioned for the following
variances to the 50 foot rear yard setback provision of the R-2, Single Family
Estate Zoning District pursuant to Ordinance 8, Section 6,02 on property located
at 4472 149th Avenue NW, legally described as Lot 2, Block 3, IVYWOOD
ESTATES:
1) Vary +/- 13 feet for an existing deck.
2) Vary 2,35 feet for a proposed porch,
\
J WHEREAS, the Planning and Zoning Commission finds apparent city permission to
construct the existing deck and the approval of lot depth variances on the preliminary plat
ofIvywood Estates as practical difficulties and unnecessary hardships not created by the
property owner and grounds for a variance; and
WHEREAS, the Planning and Zoning Commission recommends to the City Council
approval of the requested variances.
NOW, THEREFORE, BE IT RESOLVED, that the City Council ofthe City of Andover
hereby agrees with the recommendation of the Planning and Zoning Commission and
approves the proposed variance requests
Adopted by the City Council of the City of Andover on this 18th day of April,
2000.
CITY OF ANDOVER
ATTEST: lE. McKelvey, Mayor
'.
) Victoria V olk, City Clerk
Regular Andover Planning and Zoning Commission Meeting
\ Minutes - March 28,2000
, ) Page 22
Mr. Johnson p , l?nted an overview of the applicant's request of a variance to allow for the
construction of an ched garage, which will not meet the minimum roof pitch requirements on
tI:e prope~ located a ',2 Prairie Road NW. He mentioned that the property is zoned R-l,
Smgle Fmmly Rural. "'"
~.,
Mr. Johnson listed all applic~~"Ordinances pertaining to the request of this variance. He
explained that the applicant is requ~i1).g to construct a garage to be attached to the single-family
home. The home has a roof pitch le~~~~an 3/12 and was constructed in 1959. The applicant
would like to tie the existing roofline 0 ''tb,~ home in with the new garage. The result is a
structure that appears to be more desirable ~~ an architectural standpoint. Mr, Johnson stated
<hat thoappli,,"~ Mmk Month, [, out of tho ""~ will b, unabl, to 'P""' on hi, behalf
Commissioner Kirchoff if the applicants plan to '~:v' ~other access onto Prairie Road. Mr.
Johnson explained that they are working to remove tli'e'~~urb in order to widen the current
driveway. .,
Motion by Daninger, seconded by Hedin, to recommend to the "':1 Council approval of the
varim1ce request of Mark Menth to allow for the construction of an a', hed garage, which will
'\ "
J not meet the minimum roof pitch requirements on the property, located 14122 Prairie Road
NW. Motion carried on a 4-ayes, O-nays, 3-absent vote.
Chair Squires stated this item would be considered at the April 18, 2000 City Coun '
VARIANCE TO ORDINA.J.~CE 8, SECTION 6,02 - REAR YARD SETBACK
ENCROACHMENT - 4472 149TH AVENUE NW - ROBERT & ROSEMARIE DONLIN
Mr. Hinzman presented an overview of the request for a variance pertaining to the construction
of a 14' X 18' screen porch on property located at 4472 149th Avenue NW, He explained that
the property is approximately 39,050 square feet and is zoned R-2, Single Family Estate.
Mr. Hinzman listed all Ordinm1ces pertaining to the variance request for the listed property. He
mentioned that a 15' variance was granted from the 150' minimum lot depth requirement during
the plat ofIvywood Estates in 1983. The existing home was constructed in 1987. The applicant
has indicated the existing deck was constructed at the time the home was built. The City does
not have a copy of the approved building plans, however, the applicant's copy shows footings for
a deck. Footings placement shown on new construction plans are considered as part of the
overall pem1it for new construction. It appears that the City permitted the existing deck
encroachment.
'I Mr, Hinzman stated the applicant has listed the following hardships: One, the inability to
.I reconfigure the porch to meet minimum setback requirements due to the location of a service
Regular Andover Planning and Zoning Commission Meeting
" Minutes - March 28,2000
) Page 23
door to the garage. Two, the proposed porch would not encroach any further into the rear yard
setback than the existing deck.
Mr. Hinzman stated the points of concern the staff has reviewed. One, the reconfiguring or
reducing the proposed porch could allow the addition to meet all setback requirements. Two, the
existing deck has already violated the rear yard setback provision. Three, an 11' rear yard
setback variance was granted to construct the neighboring home at 4428 149th Avenue in 1987.
Four, similar variances have been granted in the past on homes inadvertently permitted
encroaching homes, provided the addition did not encroach further than the original structure.
Five, granting the 150' lot depth variance in 1983 compounded with the 40 foot front yard and
50 rear yard setbacks reduces the area to be developed to 45' in depth.
Commissioner Kirchoff questioned if there has been any local objection, Mr, Hinzman stated
that he has heard of no objections from surrounding property owners.
Motion by Kirchoff, seconded by Daninger, to recommend to the City Council approval of the
variance request for Robert and Rosemarie Donlin at 4472 149th Avenue NW, fmding it meets
the requirements of Ordinance No.8. Motion carried on a 4-ayes, O-nays, 3-absent vote.
"
, J
Chair Squires stated this item would be considered at the April 18, 2000 City Council meeting.
OTHER BUSIN
Mr. Hinzman stated that Item 13 has been postponed to ' ext Planning Commission meeting
on April 11, 2000,
,,--
Mr. Hinzman briefed the Planning Commission ~the outcome of the issues that were pending
with the City Council. He also gave a brief Qirview of items that will be up for discussion at
~"
the next Planning Commission meeting.#'
/..I,p
Ap'6'
Mr. Hinzman congratulated Doug Fa.E>',lYand his family as they announce the birth of a new baby
girl, Gabrielle. I '
i '
ADJOURNMENT "
~di
/fji
Motion by Daninger, se~ed by Hedin, to adjourn. Motion carried on 4-ayes, O-nays, 3-absent
vote. The meeting wa, 'djourned at 11 :59 p.m.
'iff
, , ~f
/ ,
Respectfully s mitted,
, .
- )
CITY OF ANDOVER
REQUEST FOR PLANNING COMMISSION ACTION
DATE: March 28,2000
ITEM NO. 12 ORIGINATING DEPARTMENT
V AR 00-06 Planning
Variance to Ordinance 8, Sect 6.02
Rear Yard Setback Encroachment John Hinzman
4472 149th Avenue NW City Planner
Robert & Rosemarie Donlin
Request
The Planning and Zoning Commission is asked to review the following variance request-
of Robert and Rosemarie Donlin pertaining to the construction ofa 14' x 18' screen
porch on property located at 4472 149th Avenue NW, legally described as Lot 2, Block 3,
'1 IVYWOOD ESTATES (PIN 19-32-24-34-0015):
J
I) Vary 2.35 feet from the 50-foot rear yard setback provision of Ordinance 8,
Section 6.02 iri order to construct a screen porch.
2) Vary +/- 13 feet from the 50-foot rear yard setback provision of Ordinance 8,
Section 6.02 for an existing deck.
The subject property is approximately 39,050 square feet and is zoned R-2, Single Family
Estate.
Applicable Ordinances
Ordinance 8, Section 6.02 establishes 50 feet as the minimum rear yard setback for the R-
2, Single Family Estate Zoning District.
Ordinance 8, Section 5.04, states, "Where there are practical difficulties or unnecessary
hardships in any way of carrying out the strict letter of the provisions of this Ordinance,
an appeal may be made and a variance granted. The hardships or difficulties must have to
do with the characteristics of the land and not the property owner,"
/
Variance 00-06 - Rear Yard Setback March 28, 2000 P & Z Report
4472 1491h Avenue NW - Donlin Page 2 of3
,I
Background
It appears a IS-foot variance was granted from the ISO-foot minimum lot depth
requirement during the plat ofIvywood Estates in 1983. The existing home was
constructed in 1987. The applicant has indicated the existing deck was constructed at the
same time as the home, The city does not have a copy of the approved building plans,
however the applicant's copy shows footings for a deck, Footings placement shown on
new construction plans are considered as part of the overall permit for new construction.
It appears that the existing deck encroachment was permitted by the city.
Hardship
The applicant has indicated the following hardships:
1) Inability to reconfigure the porch to meet minimum setback requirements due to
the location of a service door to the garage.
2) The proposed porch would not encroach any further into the rear yard setback
than the existing deck.
\ Staff Review
. Reconfiguring or reducing the proposed porch could allow the addition to meet all
setback requirements.
. The existing deck has already violated the rear yard setback provision, It appears the
City permitted the deck.
. An II-foot rear yard setback variance was granted to construct the neighboring home
at 4428 149th Avenue in 1987. The City Council determined that the unusual
configuration of the lot and granting of the original variance to lot depth created
problems in meeting minimum setback requirements as reasons to grant the variance.
. Similar variances have been granted in the past on homes inadvertently permitted
encroaching homes, provided the addition did not encroach further than the original
structure. On February 1,2000 The City Council approved a 5' variance to the 35-foot
front yard setback provision to construct a front stoop on a permitted home
encroaching 5' into the front yard setback.
. Granting the 150 foot lot depth variance in 1983 compounded with tl1e 40 foot front
yard and 50 rear yard setbacks reduces the developable area of the lot to 45 feet in
depth, The resulting developable lot depth is less than even the R-4 Single Family
Urban District, with a 65-foot usable depth.
,
)
Variance 00,06 - Rear Yard Setback March 28, 2000 P & Z Report
4472 149"' Avenue NW - Donlin Page 3 of3
, ,
, ) Planning Commission Options
1. Recommend approval of the variances, fmding it meet the requirements of
Ordinance No.8
2. Recommend denial of the variance, finding it does not meet the requirements of
Ordinance No, 8. In recommending denial of the request, the Commission shall
state those reasons for doing so,
3. Table the request pending further information.
Staff Recommendation
Staff recommends approval of the request.
Attachments
. Resolution for approval
. Area Location Map
. Lot Survey
. Site Pictures
'1 . Copy of Variance Application
, /
.
,
'. /
, , @ City of 4472 149th Ave NW
, ) Andover Rear Yard Setback Encroachment
-:\ \
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LEGEND r'1Y. <> K-. ~ N Sources:
" ~~. tL A Andover Engineering
N Subject Property Andover GIS
) l.3: Anoka County GIS
~, II
,~ub~=ct pr<!E:~_~ ~ ~ 1 inch'"" 990 feet RF ,1:11.883
Map Date: March 24, 2000
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<5> CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
,
, J
DATE: April 18, 2000
AGENDA SECTION ORIGINATING DEPARTMENT
Non-Discussion/Consent Item Todd Haas, ~
Engineering
ITEM NO.
Accept Feasibility ReportlOO-14/
N~42XX Round Lake Boulevard NW
The City Council is requested to approve the resolution accepting feasibility study, waiving
public hearing, ordering improvement and directing preparation of plans and specifications for
the improvement of Project 00-14 for sanitary sewer and watermain in the area of 142XX
Round Lake Boulevard NW,
The property owner has only petitioned for improvements to Parcel B. The property owner is
\ aware and will be responsible to pay for the extra water service line to Parcel A. The
, ) proposed assessment is as follows (based on 2000 rates):
Note: The existing parcel (Lot 3, Block 3 Andover Boundary Commission Plat No.1) is
approximately 200 feet wide along Round Lake Boulevard NW, The property owner is
interested in splitting the existing parcel. The existing home is located in what has been
identified as Parcel A on the attached map. Under Project 80-3 sanitary sewer area
charge, lateral and a connection charge have already been assessed to Parcel A.
Sanitary sewer lateral has been assessed to Parcel B.
Parcel B
Sanitary Sewer
Area Charge
0,39 acres x $1145 = $446.55
Acre
Lateral Charge - Previously assessed under Project 80-3
Connection Charge
= $312
Cost to install sanitary sewer service line
= $1750
\ Total $2508.55
,
, /'
Watermain
, Area Charge
, 0,39 acres x $1195 = $466.55
, ;
Acre
Lateral Charge
100 feet x $32 = $3200 + $1500 (installation) = $4700
Foot
Connection Charge
= $1375
Total Watermain $6541,05
TOTAL ASSESSMENT FOR SANITARY SEWER & WA TERMAIN $9049,60 (Parcel B)
$10549,60 (for Parcel B
and water service line to
Parcel A)
Parcel A
The water area charge, lateral and connection charge for Parcel A will be assessed at a later
date when the property owner petitions for this,
\ Note: The property owner is aware and will also be responsible to pay for the installation of
\ ) the water service line to Parcel A which is estimated at about $1500. Since Parcel B is in
need of water, it is cost effective to bore a tunnel under Round Lake Boulevard NW to push
both services to Parcels A & B across at the same time. See attached map,
'\
)
CITY OF ANDOVER
COUNTY OF ANOKA
J STATE OF MINNESOTA
RES. NO.
MOTION by Councilmember to adopt the following:
A RESOLUTION ACCEPTING FEASIBILITY STUDY, WAIVING PUBLIC HEARING,
ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF PLANS AND
SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NO.
00-14 FOR SANITARY SEWER & WATERMAIN IN THE FOLLOWING AREA
142XX ROUND LAKE BOULEVARD NW.
WHEREAS, the City Council did on the .....1!h... day of April ,2000, order the
preparation of a feasibility study for the improvement; and
WHEREAS, such feasibility study was prepared by the City Enqineer
and presented to the Council on the 18th day of April ,2000 ; and
WHEREAS, the property owners have waived the right to a Public Hearing;
and
WHEREAS, the City Council has reviewed the feasibility study and declares
the improvement feasible, for an estimated cost of $ 10.549,60
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
, Andover to hereby receive the feasibility report with an estimated total cost of
, / improvements of $ 10,549,60 waive the Public Hearing and order improvements.
BE IT FURTHER RESOLVED the property would be assessed over a .Q.. year
period.
MOTION seconded by Councilmember and adopted by the
City Council at a reqular meeting this 18th day of April ,2000, with
Councilmembers voting
in favor of the resolution, and Councilmembers
voting against, whereupon said resolution was declared passed,
CITY OF ANDOVER
ATTEST:
J.E. McKelvey - Mayor
Victoria Volk - City Clerk
\
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<5J CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
~ )
DATE: April 18. 2000
AGENDA SECTION ORIGINATING DEPARTMENT
Non-Discussion/Consent Item Scott Ericks04
Engineering
ITEM NO.
Award Bid/99-18/Shadowbrook 6th Addition
l~.
The City Council is requested to approve the resolution awarding the contract to Ryan
Contracting, Inc. for Shadowbrook 6th Addition, Project 99-18.
Bids received are as follows:
'\ Contractor Bid Amount with Alternate
J
Ryan Contracting, Inc. $288,116.90
Volk Sewer & Water, Inc. $291,283.44
Burschville Const., Inc. $300,687.69
Hydrocon, Inc. $302,755.65
Redstone Const. Co., Inc. $312,524.71
Nodland Const. Co., Inc. $314,477.20
Kober Excavating, Inc. $316,175.01
Widmer, Inc. $321,926.34
Randy Kramer Excavating, Inc. $323,121.90
Northdale Const., Inc. $331,390,57
S.R. Weidema, Inc. $345,125.70
Penn Contracting, Inc. $373,328.65
Engineer's Estimate $307,229.70
Ryan Contracting, Inc. has successfully performed other projects for the City.
, ,
)
-
\
" ) CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO,
MOTION by Councilmember to adopt the following:
A RESOLUTION AWARDING CONTRACT FOR THE IMPROVEMENT OF
PROJECT NO. 99-18 FOR SHADOWBROOK 6TH ADDITION.
WHEREAS, pursuant to advertisement for bids as set out in Council
Resolution No. 047-00, dated March 6 , 2000, bids were received, opened and
tabulated according to law with results as follows:
Ryan Contracting, Inc. $288,116.90
Volk Sewer & Water, Inc. $291,283.44
Burschville Const., Inc. $300,687.69
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
\ Andover to hereby accept the bids as shown to indicate Ryan Contracting.
) Inc. as being the apparent low bidder.
BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk
to enter into a contract with Ryan Contracting. Inc, in the amount of
$288.116.90 for construction of the improvements; and direct the City Clerk to
return to all bidders the deposits made with their bids, except that the deposit of
the successful bidder and the next lowest bidder shall be retained until the
contract has been executed and bond requirements met.
MOTION seconded by Councilmember and adopted by the
City Council at a reqular meeting this 18th day of April ,2000 ,with
Councilmembers voting in favor of
the resolution, and Councilmembers voting
against, whereupon said resolution was declared passed.
CITY OF ANDOVER
ATTEST:
\
/ J.E. McKelvey - Mayor
Victoria Volk - City Clerk
~ .
~ CI1Y OF ANDOVER
REQUEST FOR COUNCIL ACTION
)
DATE: April 18, 2000
AGENDA SECTION ORIGINATING DE~ENT
Non-Discussion/Consent Item Todd Haas,
Engineering
ITEM NO. 19.
Accept Petition/Order Feasibility Report!
00-20/24XX - 139th Avenue NWWM
The City Council is requested to remove this item from the agenda at the request of the
property owner, Louis Rosburg.
Mr. Rosburg is selling the property and would prefer the buyer of the property petition for the
watermain improvement instead.
\ /
/
a::>- 20
- -
, RECEIVED
,
APR I 8 2000
CITY OF ANDOVER
April 18, 2000
Andover City Engineer
City of Andover
1685 Crosstown Blvd. NW
Andover, MN 55304
Dear City Engineer:
Please remove the petition for improvements to the watermain at 24XX 139th Ave, NW
(PIN 33 32 24 11 0016).
Thank you.
~~el
Louis Rosburg, Property Owner
2407 139th Ave. NW
Andover, MN 55304
Phone: 755-1560
/
~ CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
'- )
DATE: Aoril18. 2000
AGENDA SECTION ORIGINATING DEPARTMENT
Non-Discussion/Consent Item Todd Haas, ~
Engineering
ITEM NO.
Accept Petition/Order Feasibility Report!
IQ .00-20/24XX - 139th Avenue NWWM
The City Council is requested to approve the resolution declaring adequacy of petition and
ordering preparation of a feasibility report for the improvement of watermain for Project 00-20,
in the area of 24XX - 139th Avenue NW.
\
J
'\
)
CITY OF ANDOVER
"- COUNTY OF ANOKA
/ STATE OF MINNESOTA
RES. NO.
MOTION by Councilmember to adopt the following:
A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING
PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF
WATERMAIN , PROJECT NO, 00-20, IN THE AREA OF 24XX _139TH
AVENUE NW.
WHEREAS, the City Council has received a petition, dated April 4. 2000
requesting the construction of improvements; and
WHEREAS, such petition has been validated to represent the signatures of
100% of the affected property owners requesting such improvement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Andover that:
) 1. The petition is hereby declared to be 100% of owners of property affected,
thereby making the petition unanimous.
2. Escrow amount for feasibility report is 0
3. The proposed improvement is hereby referred to the City Engineer and he is
instructed to provide the City Council with a feasibility report.
MOTION seconded by Councilmember and adopted by the
City Council at a regular meeting this 18th day of April , 2000, with
Councilmembers voting in
favor of the resolution, and Council members voting
against, whereupon said resolution was declared passed.
CITY OF ANDOVER
ATTEST:
J.E. McKelvey - Mayor
\
)
Victoria Volk - City Clerk
t(:I-- ZO
"
, / RE('ce;"icfl ~
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--,-'=-..:.......J
April 4, 2000
Andover City Engineer
City of Andover
1685 Crosstown Blvd, NW
Andover, MN 55304
" Dear City Engineer:
)
We do hereby petition for improvements of the watermain at 24XX 139th Ave, NW
(PIN 33 32 24 11 0016), with the costs of the improvement to be assessed against the
benefitting property.
Said petition is unanimous and the public hearing and assessment hearing may be waived.
We would like to be assessed over a five (5) year period.
0'~~
Louis Rosburg, Property oJ\.
2407 139th Ave. NW
Andover, MN 55304
Phone: 755-1560
,
1
/ I
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
\
) DATE: April 18. 2000
AGENDA SECTION ORIGINATING DEPARTMENT
Non-Discussion Planning
Jeff Johnson, Zoning Administrator
Public Works
Frank Stone, Superintendent
ITEM NO.
Award Mowing Contract (2000 Mowing Season)
~g .properties!W eed Abatement
Request
The City Council is asked to award bids for mowing services. Bids were advertised March 17 and 24,
2000 and a total of two (2) were submitted.
, Staff recommends that the bids be awarded to the following person(s) or firms(s)
Weed Abatement Services
Performance Lawn Care - Paul Moriarty $23.40/hr.
Citv Owned Properties as per 2000 Contract
Performance Lawn Care - Paul Moriarty $5355.00
1999 Contract
Weed Abatement Services $23,50/hr.
City Owned Properties* $8,540.00
* The 1999 contract included four (4) parks (Cedar Crest, Lunds, Langseth and Pine Hills)
'. I I
)
Sheet1
'\ BID #1 - WEED ABATEMENT SERVICES
J
NAME OF COMPANY CONTACT PERSON BID AMOUNT
PERFORMANCE LAWN CARE RICK MORIARTY $23.40/HR
BLADE ENTERPRISES GUY DUFAULT $65,OO/HR
BID #2 - PUBLIC PROPERTIES
NAME OF COMPANY CONTACT PERSON BID AMOUNT
PERFORMANCE LAWN CARE RICK MORIARTY $5,355,00
BLADE ENTERPRISES GUY DUFAULT $8,520,00
,
Page 1
REQUEST FOR QUOTATION
. Weed Abatement Services
(To be returned no hlter than 10:00 a,m. on April 3, 2000)
a) Grass shall bedry before cutting, '" , ' ,',
b) Any debris that has to be moved for mowing shall be removed from the site,
c) Excess grass clippings shall be removed from site. '
. d) Work shall not commence before 7:00 a.m;
e) Turf is to be kept at it 2-3 inch height. , " '" "
f) Mowing to be completed on a bi-weekly basis, with exception of Fire Station No. I
and Fire Station No. 2 which shall be completed ona weekly basis,
g) Weed whipping or trimming to be completed around all structures, shrubs, and rock
. bed areas with each mow, '
h) All landscape beds and flower beds, shall be9leiired of weeds either by hand or
, mechanical equipment. '
Licenses and Insurance:
)
The contractor shall be responsible for all licenses required by the City. Contractor shall provide a
Certificate of Insurance listing the City as an additional insured and showing coverage of Liability and
Worker's Compensation.
Performance Bond:
Before commencing work, the Contractor must file a Five Hundred Dollar ($500,00) Performance Bond
with the City Clerk, 1685 Crosstown Boulevard NW, Andover, MN 55304,
Terms of Contract:
2000 Season (May 1,2000 through October 20,2000), The City may cancel all or any part of this contract
upon ten (10) days written notice,
General Requirements:
The Contractor must incorporate the City of Andover numbering system for weed complaints on its
invoice, as well as legal descriptions, The Contractor must clearly indicate on the invoice the date that the
contracted service took place.
The Contractor shall list the make, model, and mowing width of equipment used for mowing,
All work must be completed within ten (10) days of notification, unless an extension is approved by the
City. Any work not completed within ten (10) days shall be awarded to the second lowest bidder and that
bidder shall become the contract holder for the remainder of the season. Quotation shall be directed to the
I City Clerk, 1685 Crosstown Boulevard NW, Andover, MN 55304, All quotations must be submitted on
the attached form, Quotation must be securely sealed, with a summary on the outside wrapper as to the
work for which the quotation is submitted, The enclosed envelope may be used for this purpose.
It is required that bid specifications are picked up in person at Andover Public Works, 1717 Crosstown
Boulevard NW, Andover, MN. The bidder shall visit all sites owned by the City prior to bid submittal.
The City reserves the right to reject any and all quotations and to hold them for thirty (30) days,
d -J
-,.:z:-~ o"..jL
Victoria Volk, City Clerk
Publication Dates: March 17, 2000
Anoka Union March 24, 2000
\
/
,
)
PROPOSAL (BID NO, I)
MOWING SERVICES
Name of Company
Address
Telephone
Contact Person
Authorized Signature
Hourly Rate for Mowing/Weed Whipping $ Per Hour
\
)
"
,
/
)
PROPOSAL (BID NO.2)
MOWING SERVICES
Name of Company
Address
Telephone
Contact Person
Authorized Signature
J
Total Cost of Mowing and Weed Whipping
Properties Owned by City of Andover
(Beginning May 1,2000 through October 20,2000)
$
'.
/
Sheet1
, MOWING SCHEDULE (2000)
)
DATE (WEEK OF) PROPERTIES
,
MAY 1 - MAY 5 ALL
MAY 8 - MAY 12 FIRE STATIONS NO, 1 AND NO, 2
MAY 15 - MAY 19 ALL
MAY 22 - MAY 26 FIRE STATIONS NO, 1 AND NO, 2
MAY 29 - JUNE 2 ALL
JUNE 5 - JUNE 9 FIRE STATIONS NO, 1 AND NO, 2
JUNE12-JUNE16 ALL
JUNE 19 - JUNE 23 FIRE STATIONS NO.1 AND NO, 2
JUNE 26 - JUNE 30 ALL
JULY 3 -JULY 7 FIRE STATIONS NO, 1 AND NO, 2
JULY 10 -JULY 14 ALL
JULY17-JULY21 FIRE STATIONS NO, 1 AND NO, 2
JULY 24 - JULY 28 ALL
JULY 31 - AUGUST 4 FIRE STATIONS NO.1 AND NO.2
AUGUST 7 - AUGUST 11 ALL
AUGUST 14-AUGUST 18 FIRE STATIONS NO.1 AND NO, 2
AUGUST 21 - AUGUST 25 ALL
AUGUST 28 - SEPTEMBER 1 FIRE STATIONS NO, 1 AND NO, 2
SEPTEMBER 4 - SEPTEMBER 8 ALL
\ SEPTEMBER 11-SEPTEMBER 15 FIRE STATIONS NO.1 AND NO.2
\ I SEPTEMBER 18-SEPTEMBER22 ALL
SEPTEMBER 25-SEPTEMBER 29 FIRE STATIONS NO, 1 AND NO, 2
OCTOBER 2 - OCTOBER 6 ALL
OCTOBER9-0CTOBER13 FIRE STATIONS NO, 1 AND NO, 2
OCTOBER 16-0CTOBER20 ALL
\
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,
) CITY OF ANDOVER
'-- REQUEST FOR COUNCIL ACTION
DATE: April 12, 2000
AGENDA SECTION ORIGINATING DEPARTMENT APPROVED
Non-Discussion/Consent Agenda FOR
John Wallace - Vehicle AGENDA
Maintenance Chairperson
ITEM NO. SY:
Vehicle Committee 81.
Recommendation
The Water/Sewer Department is in need of a new vehicle and has requested to purchase
one. This vehicle will be used for doing meter installs, change outs and locates for their
department.
Brian Kraabel, Utility Department Supervisor, has met with the Vehicle Purchasing
Committee and together we feel the purchase of a 2000 Dodge Dakota Extended Cab
Pick-up would best meet his departments needs. The vehicle is not a replacement
\ vehicle, but a new one. The Utilities Department had included the purchase of a new
, / vehicle and was approved in this years budget. The budget was approved for a full size
pick-up, but now we would like to purchase a mid-size pick-up which would result in a
savings in the budget. The Minnesota State Contract price for this vehicle is $19,729.00
plus tax.
The money for the vehicle will come equally from 601-49430-580 and 601-49450-580.
We would also be purchasing a topper for it and the funding would come from the same
accounts,
\
/
CITY OF ANDOVER
REQUEST" FORCOUNCILACTION
,
, DATE: Aoril18. 2000
'-'
AGENDA SECTION ORIGINATING DEPARTMENT
Non-Discussion Administration
Richard Fursnan
ITEM NO.
83-, Approve H iring' &Jrnrner aJilding Intern
REQUEST:
The City Council is requested to authorize the hiring of a swnmer intern for the building department.
Record and near record levels of permits and activity have once again swamped staff. The past two
years interns have helped with general office duties to keep routine housekeeping items from backing up
or not getting done at all.
Some of the typical general duties assigned to the intern will include, copying of building handouts,
answering phones, scheduling, filing and retention, assisting at the counter, septic permit entry and other
" miscellaneous duties as needed.
!
/
It is hoped to bring someone on as soon as possible to work a few hours a day, and then work 30-40
hours per week over the summer at a rate of pay of $8.50 per hour. There are no employee benefits or
other costs associated with the position. It is anticipated the internship would last through the end of
August or beginning of September.
/
APR, -18' 00 (TUE) 13:48 DIVERSIPIED DYNAMICS TEL:612 785 5732 p, 002
~ Jim Lever
2150 180'h Ave. N.W. April 11, 2000
Andover, Mn. 55304
763-753-6594 home 1/,1:,1::1' IN G -,-
763-785-5748 work AGENDA lTEM ';B
Mr. Mayor, members of the Council,
1 have just had a very good cO,nversation with Mr. Carlberg concerning the Laurent development project at
H~son and County 58. He did a very good job of explaining what the current standard ordinances, PUD
ord~ance, and the possible upcoming "} in 10" mean to aU of us, J did attend the Zoning and Planning
me:tmg that Mr. Carlberg said you will beusing as source for much of your infonnation concerning the
proJect.
J wOllld like to say that I thought the developer did a very good job of presenting the project, as well as
c~ming up with a very desirable plan. Personally, I think that PUO's can be a very good way to develop and
stili save open space for people and wildlife, There are a few issues that 1 think do need to be addres~ed,
however,
1. Density: The developer has planned 60 single family houses for the area, clustered all smaller lots, with
the remaining land being open space. At the Zoning and Planning meeting it was stated that if this area were
developed under the standard zoning rules, they would get 40 to 45 single family homes 011 the land, Since
this is in the furthest reaches of the "permanently rural" area of Andover, this seems to be a poor location for
increased density. A PUO with the same 40 to 45 units, J think, would give the best of all worlds. without
increasing the risk from the hlgher than nonnal density of septies. and the other problems IlSsociated with
high density. At 60 units, with the way that pollution rules have changed over the years, It would be a very
unpleasant event if, in a few years, the EPA said that the density was too high for septic and well systen1s.
There is also the question of the upcoming "I in 10" rules. Mr. Carlberg explained that this project is exempt
from the rules because they have not yet been applied, but it seems very ludicrous to build high density in
one comer of the "permanently rural" area, and then turn around and be required to leave large open tractS in
other sections of the areEl, This is not fair to the residents that are located near the high density area. Rural
density should remain rural density for all residents equally. There is also the possibility that the plan for
implementing the "1 in 10" rules could be affected if it is perceived that Andover "slipped in" a higher than
nonnal density project just before the rules were to go into effect.
Please consider requiring a reduction to 45 units, whether or not it is a PUD.
2. Isollltlon: The plan shows only connections to Hanson Blvd, and County 58. AU the rest of the
neighboring areas ore interconnected by streets and used by residents of t?e.mterc?nnected areas. I feel that
the new development should also be connected to. and be a part of, the CXlstmg neighborhoods.
3. Ughting: The plan presented at the Zoning and Plannmg meeting showed full street lig~ting as is used
in an urban area. I really feel thElt this is not appropriate for the ''pennanently rural" area, whIch was
intended to be not be urbani2:ed. Seeing the stars in a dark sky is rural attribute to be kept.
Please do not read this as me saying that I think that the development should not be done, or that Laurent
would not do an excellent Job of doing tbe project. As I previously stated, I like the idea ofa PUO, and
Laurent looked to have a very nice plan. With the above changes, J truly believe that we would have
development that would fit into the ourrent neighborhoods. preserve green space, and not be too dense to be
rural.
Thank you very much for your time and consideration concerning this manner,
Jim Lever
APR 18 '00 15:00 612 785 5732 PAGE. 02
II. ~ CITY OF ANDOVER
--(~
REQUEST FOR COUNCIL ACTION
DATE: April 18. 2000
AGENDA SECTION ORIGINATING DEPARTMENT
ADD~ON Scott Erickson<f)l
ITEM NO.
Engineering
Acquisition of Property West of Public Works/00-13
At the last City Council meeting the Council authorized staff to contact the property owner
adjacent to the Public Works Site and offer $97,000 for the purchase of that property, We did
contact the property owner Mr. Larold Thompson regarding the offer and he indicated that he
has a purchase agreement with another party for the property. He indicated that he would be
open to a counter offer if the Council felt that was appropriate.
/' "
,
Regular Andover City Gouncil Meeting
Minutes - April 4, 2000
Page 7
(Assessment Policy/Co crete Curb and Gutter on Street Reconstruction Projects, Continued)
Councilmember JOhnSO~ suggested putting the item in the newsletter to inform the residents, plus
indicate the projects proposed to be done this year, Councilmember Jacobson suggested the Staff
hold a neighborhood mJeting prior to the public hearing to review the proposal.
Motion by Jacobson, siconded by Johnson, to authorize City Staff to change the lot assessment
policy for reconstructio~ of roads to include a rate in the year 2000 of $850 per lot to install concrete
curb and gutter when such road is reconstructed or rebuilt, and that the $850 is under the 429 statute,
that it can be paid for in ~ lump sum or on a five- or seven-year basis at the wish of the homeowner
~~:~~ approprlare inteJt rate that tho City charges. Motion carried nn a 4- Yes. I-Absent (Orttel)
DISCUSS PURCHAS ,OF PROPERTY ADJACENT TO PUBLIC WORKS FACILITYIIPOO-13
Mr. Erickron OXPlained~O own" of tho 2.28 a= at t813 Crosstown BoulovanJ h" indicated a
purchase price of $100, 00 for this property. The appraisal indicated a value of $40,000, but the
property owner has said he would not be willing to substantially adjust the asking price. The
appraisal did not take ~nto account the new Comprehensive Plan with a possible commercial
designation nor that utilities are available across the street. Mayor McKelvey felt the appraisal is
very low considering thelproperty just west of there is going for $30,000 to $34,700 per acre for clear
land. This has buildings on the parcel and people will have to move. He didn't think $1 00,000 is
unreasonable. Public W~rks had suggested purchasing this parcel four years ago. At that time the
owner wanted $75,000.
Councilmember Jacobson stated if the City is serious about buying the land for a water treatment
plant only, then it should pursue the purchase. He asked where the funds would come from. Mr;
Dickinson recommended taking the $100,000 from the PIR fund; and when that parcel is used for
a water treatment faCility, the funds from the water trunk fund or operating budget would be
transferred at that point. The PIR fund has approximately $500,000 in it, some of -which are
encumbered for other pfojects, but there is enough for this.
Discussion was on the dost of the property. Attorney Hawkins advised the City has the ability to
negotiate a purchase prlte or go through eminent domain. He and Mr. Erickson think the price is
high based on the appraisal and its location, plus the City would have to take down the buildings.
I
Brian Kraabel, Public Works Water Department, explained how the well system is developed to
provide water to a centr~ system. Piping would have to be done no matter where a water treatment
plant is located. A watdr treatmerit site would need about three acres. Mr. Erickson explained
typically only 80 percen~ of the wells are treated. The wells within the radius of that site would be
brought into the plant. Gounc.ilmember Jacobson felt if this lot is purchased, that is where the water
treatment plant would go. ,The lot should be used for that purpose. Mr. Erickson stated if water
I
'.
.-
.
Regular Andover City Council Meeting
Minutes - April 4, 2000
Page 8
(Purchase of Property Adjacent to Public Works Facility/JPOO-13, Continued)
treatment must take place, that is the site for it. If there is a change, the lot could be sold or it could
be used for Public Works expansion.
Motion by Jacobson, Seconded by Johnson, assuming this is a reasonable price, move that we
authorize the purchase for up to $100,000 from the PIR fund; that fund to be reimbursed at the right
date; and the purpose is for a water treatment plant if mandated by state or federal statutes.
DISCUSSION: Councilmember Jacobson assumed negotiations would be the $100,000 asking price
less around $3,000 to clear the property, and ask the property owner to have the well capped, Motion
carried on a 4- Yes, I-Absent (Orttel) vote.
VACATION OF EASEMENT REQUEST/ANOKA COUNTY
Motion by Jacobson, Seconded by Knight, authorize Staff to take whatever steps necessary to vacate
the easement located at 2746 133rd Lane NW as it is not needed by the City of Andover, and also
to have Stafflook at the adjoining property owner, James Junker, and if possible and reasonable,
to release that easement so everything on the east side of Crooked Lake Boulevard is released.
Motion carried on a 4- Yes, I-Absent (Orttel) vote.
NORTHERN NATURAL GAS PIPELINE DISCUSSION
John Moore - has found out in his discussions with the attorneys at FERC that if the City would have
taken a position regarding the alternate route, the pipeline would never have been approved on the
existing easement. He asked that the City send a letter to FERC stating that it never took a position
on the alternate route because it was never asked to vote on it. There was no request for a Special
Use Pennit on that route, and that is why no action was taken. It still might not be too late if the City
would send a letter explaining the alternate route was never presented to the City to act upon. He
believed the existing route is going to be more of a problem to all concerned than the alternate route
would have been.
Councilmember Jacobson stated the Council did forward to FERC the list of concerns voiced at the
meetings on the alternate route. It also listed its concerns with the Special Use Permit and turned
it down. Then FERC made its decision. Mr. Holasek appealed that decision, and FERC made the
decision to let the original motion stand. He personally felt the issue has been decided and it serves
no purpose for the Council to open it up again. The Council and FERC have made their decisions,
and he felt it should stand as is.
Mr. Moore - related concerns with the additional easements needed and an open cut along 160th
Lane, predicting before this is over, the City will be looking at costs regarding that road. He
suggested the City follow what is being done along I 60th very carefully. He didn't feel the City
should allow a change unless Northern will pay to fix the road when they are done. Councilrnember
DATE April 4, 2000
ITEMS GIVEN TO THE CITY COUNCIL
. Planning & Zoning Minutes - March 28, 2000
. EDA Minutes - April 4, 2000
. City Council Minutes - April 4, 2000
. Park & Recreation Minutes - April 6, 2000
. Letter from Thomas Enzmann
. March 2000 Monthly Building Report
. Load Limit Removal
. Ord, No, 8WWWWW
. Woodland Woods Sketch Plan
. Brooke Crossing Sketch Plan
. Schedule of Bills
PLEASE ADDRESS THESE ITEMS AT THIS MEETING OR PUT THEM ON
THE NEXT AGENDA.
THANK YOU.
Mr. Mayor and Council Members:
I am writing this to express my gratitude for what I think was a display of
good judgment and common sense. At the April 4th city council meeting you
voted unanimously to restate the speed limit on Andover Blvd. N. W. to 30
MPH.
I understand that it is impossible to make 100% of the people happy 100%
of the time. All to frequently the decisions that the City Council makes result
in only the negative feedback being heard. As with all safety concerns, it is
impossible to gauge the impact of a preventive measure. You will never
know how many Auto Accidents, injured people, dead pets, and road kill
Wild Life you have saved by the changing of the speed limit. For myself,
I'm sure my neighbors, the wild life, pets, and all of the potential victims,
thank you.
Thomas Enzrnann
17 I 8 Andover Blvd. N. W.
Andover, Mn 55304
I j i
~~~1~::i:': :~g~~ CIU~Cil (}IV March -= =~~
RE: 2000 Monthly Building Report
BUILDING PER~IT~ I I -~~~~ =--=:~= , - - " ----,
I I I Ipermit/Plan ~_ Tax "-=-= TotaL=~-~~_ - Y~~ation---~
38! Residential 33 SIW 5 [Septic I $ 58,495.33 $_ _~L1..Q4.50 _$ __~,59Jl.83 ~$ ~~9~9,OOO,OO_
31Additions ! I $ 1,327~02_~$ ___~7,.70__$_~,354.72$_?_M.oO,OO
31Garages i I $ 553.57_ ~$ ,__ ~_8~92_ $__, ,$,_!7.,8~Q~00
3 I Remodeling/Finishing I 1 $ 310.96 $ 7.50 $ $ 14,500.00
1 Commercial Building I I I $ 3,960.2.f ~f' '---396.99- $--'(357.23 .$-824,400'-00
Pole Bldgs/Barns I I _ ~- "'---~ $-~-" ------- ,
I. I I -" ._~-- ~- --- -- --- - ".
11 ~:~~~ing poolsl i I $ $ -6.25 -~----$~ ~12,50~~0
!Chimney/Stove/Fireplace : ~n __un )==_~ __ , _____
31 Structural Changes I $ $ 1.50 ,$ , $ 2,000.00
21jPorches/Decksl I $ $ 21.60:==~~--~ $-:42,600,~00
Repair Fire Damage -
11 Re-Roof/Siding I $ $ ----- -~---~--_._-
440,00
2 Other I i I $ 359.34 $
4 Commercial Plumbingt I $ 344,87 $
Commercial Heating -_._~--------
Commercial Fire Sprinklerl
1 Commercial Utilities I I $ _ $_~,8J!Q.00,
1 commerciall Grading I I $ ~ _-----.1 )100.00_
$ .-.-
92 SUBTOTAL I ------------- -.
PERMITS I: I
92 Building Permits I $ .---
Ag Building -
-~---
Curb Cut -
I Demolition -
---- --- ---~
1 Footing $
I Renewal -
Moving -----
38 Heating $ 1,165,00 , , $ ------- .
20 Gas Fireplaces $ 800,00 $
- -.... -- ----~----
41 Plumbing $ 3,720.00_ " $ -------
17 Pumping $ 51.00
-- -.--- ------
2 Septic New $ 70.00 $
-------- ~-._--
2 Septic Repair $ 70,00 $
35 Sewer Hook-Up $ 875.00
- ---------
34 Water Meter Permit $ 1,700.00_ '
Sewer Change Over
Water Change Over - - -------
34 Sac Retainage Fee $ 374,00
----~-
35 Sewer Admin. Fee $ 525.00
39 Certificate of Occupancy -~-----
$ 156.00
--------
36 License Verification Fee $ 180.00
-------
2 Reinspection F€e $ 84.00
- - .---~_.._-~
20 Contractor License $ 500,00
- ----------.-
I Rental License -
i Health Authority -.-. - - --"--------
-
---. -------------
-
-------~--~--.- _._-~----
448 TOTALS $ 78,127,35~ _$_
I
I ------- ----------
Total Number of Homes YTD I 71
TotalNumber of HomesYTD I 96
Total Valuation YTD - j I ___9,162.27~:00
TotaIValuationYTD--=~'~~- I ,~ 12,756,349.00 -~----
, Total Building Department Income YTD- ___,_~ J.48,443,99
Total Buildin De artment Income YTD- 202,639.44
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
Date Anril18. 2000
AGENDA SECTION ORIGINATING DEPARTMENT
Amended Approval of Claims Finance
Jim Dickinson
I ITEM ~O. Schedule of Bills I
REOUEST:
The Andover City Council is requested to approve total claims in the amount of$ 504.798.94 .
BACKGROUND:
Claims totaling $ 55.915.82 on disbursement edit list #1 dated 04-11-2000 have been issued and released.
Claims totaling $342.183.87 on disbursement edit list #2 dated 04-18-2000 will be issued and released upon
Council approval.
Funds to Be wired 04-28-2000 for 05-01-2000 Due Date:
Firstar Bank G.O. Taxable Tax Incr. Bonds-1994B $106,698.75
Date: 04-18-2000 Approved By:
.
I
Bond Payments to be wired to the following: Due Date: May 1 2000
To be wired on: April 28 2000
~ Bond Name Principal Interest Total Amount
Firstar Bank G,Q. Taxable Tax Incr. 90,000.00 16,698.75 106,698,75
Bonds - 1994B
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PROJECT NARRATIVE
Revised April 13, 2000
Brooke Crossing PUD
Andover, MN
· SKETCH PLAN REVIEW ·
. Initial Sketch Plan #1 (60 lots)
Revised Sketch Plan # 2 (56 Lots)
RECEIVED
APR 1 4 2000
CITY OF ANDOVER
Proposed By:
Laurent Development Company LLC
100 South Fuller Street, Suite 200
Shakopee, MN 55379
Brooke Crossing P.U.D.
Sketch Plan Review
Project Narrative
About the Applicant
Terry Forbord and Gary and Randy Laurent own Laurent Development Company LLC. For more
than 25 years we have been actively involved in the Twin Cities homebuilding and development
industries and have a combined experience of over 75 years. Laurent Development Company's
basic development philosophy is that we strive to create neighborhood communities and avoid
the simple and haphazard subdivision of land. We take great pride in what we do and we have
been fortunate to receive numerous awards and recognition. Recently Accessibility Design
recognized Randy Laurent as Builder of the Year for his efforts in creating an accessible home
environment for a client. Gary received the Builders Association of the Twin Cities Builder of the
Year Award in 1998.
Each of us throughout our careers, have served in a variety of elected and appointed positions
within the communities we have lived. In addition we all have routinely served in various industry
related associations, coalitions and organizations. For example, Randy has served as president
of the local Rotary Club and as president of the local Chamber of Commerce. Gary served three
terms as Shakopee's mayor and as president of the Builders Association of the Twin Cities.
Terry has served as Chairman of the Shakopee Planning Commission and currently serves as
the president of the Sensible Land Use Coalition. Collectively we have developed thousands of
home sites in numerous neighborhoods throughout the Twin Cities metropolitan area.
Introduction
Brooke Crossing is a proposed Planned Unit Development ("PUD") offering a unique opportunity
. to provide high quality, creatively styled developmental patters in a setting that embraces and
enhances the natural characteristics of the land. Through the use of the PUD, flexibility in
neighborhood design criteria provides for the ability to create a community with wide-open
spaces, preserving and enhancing the wetlands and forested areas and clustering the homes in a
more compact manner on smaller lots that are surrounded by natural open spaces while
increasing the density of units. The open space area is then owned in common by the Home
Owners Association ("HOA") and is protected with strict deed restrictions to protect these areas
forever. The result is an environmentally sound and protected space. We believe this type of
lifestyle option, which has proven to be a very desirable community choice in many areas of the
Twin Cities, will provide an alternative and diversified housing choice for the current and future
residents of Andover.
PlanninQ Commission Review
On February 25, 2000 Laurent Development Company submitted an application for a Sketch Plan
Review to the City for a PUD that depicted 60 home sites. This plan is depicted herein as Initial
Sketch Plan # 1. On March 28, 2000 we appeared before the Planning Commission at a public
hearing for consideration of our plan. The Planning Commission received mixed comments from
the public regarding the plan. Generally, the biggest concerns expressed by the public were the
number of units proposed and staffs recommendations for street alignment and connections. The
public preferred the street alignment depicted in the proposed PUD. The planning commission
appeared to support the PUD concept but no formal action was taken.
Parks Commission
On April 6, 2000 we appeared before the City of Andover's parks commission. The Parks
Commission voted to accept a cash dedication in lieu of land.
Z:\Documeots\9589\ProjectNarrative2.doc 2
Brooke Crossing P.U.D.
Sketch Plan Review
Project Narrative
Neiqhborhood meetinq
After the Planning Commission meeting of March 28, 2000 we elected to conduct an informal
neighborhood meeting in an attempt to address the concerns expressed by the public during the
Planning Commission meeting and to find consensus for a plan to present to the City Council at
the April 18, 2000 meeting. At 6:30 PM on April 12, 2000 we held a neighborhood meeting at the
Andover City Hall. The meeting lasted until approximately 10:30 PM and the neighbors asked a
variety of questions, but the focus was on the road patterns and the density. Our goal at this
meeting was to find consensus on the road pattern and to seek support for the density.
By 10:30 PM there was general agreement by the vast majority of those in attendance to support
the road pattern proposed in the PUD by Laurent Development Company. As a compromise,
Laurent Development Company removed four home sites from the plan leaving a revised total of
56 home sites. This plan is depicted herein as Revised Sketch Plan # 2.
Site Description
Brooke Crossing is approximately 140 acres of open meadow, woods, wetland, and Mahoney
Brook, which bisects the property from north to south. Brooke Crossing is bound by 18151 Street
on the north, Hanson Boulevard on the east, and 177lh Street on the south. The Hawk Ridge
subdivision abuts the east side of this property.
Whva Planned Unit Development?
We believe that due to the very diverse physical characteristics of Brooke Crossing, the use of
density zoning allowed with the PUD promotes a more efficient and effective use of the land while
preserving more of the many natural features which make Brooke Crossing special. The City of
Andover's Ordinance No. 112, which regulates planned unit developments within the City, also
defines the very nature and intent of our proposal with the following:
. Innovative development offering a unique and desirable style of housing and lifestyle.
. Higher standards of site and building design.
. Creative and efficient use of the land.
. A proposed environment not possible through strict application of the zoning and subdivision
regulations.
The following section will demonstrate that our proposal is consistent with the City's underlying
zoning density.
Densitv Compliance
Based on the formula for density calculation outlined within Andover's PUD Ordinance No. 112,
the allowable density for this site is as follows:
Initial Sketch Plan #1
Total Site Area ----- ---- ---- ----- ---- ----- 138.57 Acres
Street Right-of-Way (as proposed)---- ----- --- --- 8.52 Acres
Net Buildable Area (total, less streets) ----- ----- --- 130.05 Acres
Base Density (net buildable/2.5 acres per unit) -- --- 52 Units
Z:\Documents\9589\ProjectNarrative2.doc 3
Brooke Crossing P.U.D.
Sketch Plan Review
Project Narrative
Revised Sketch Plan #2
Total Site Area ----- ----- ----- ----- ----- ----- 138.57 Acres
Street Right-of-Way (as proposed)----- ----- ----- ----- 8.73 Acres
Net Buildable Area (total, less streets) ---- ----- ---- 129.84 Acres
Base Density (net buildable/2.5 acres per unit) ----- ----- 52 Units
PUD Densitv Increase Criteria
PUD density increases of up to 5% (20% maximum total) may be allowed for the following;
a.) Significant undeveloped common space.
b.) Significant improved common open space.
c.) Distinctiveness and excellence in setting design and landscaping; and
d.) Architectural style and overall appearance, and compatibility of individual buildings to
other site elements or to surrounding development.
By meeting the aforementioned criteria, Brooke Crossing can provide for a total of up to 62
homesites. We believe our proposal fulfills each category for density increases and instead of
proposing 62 home sites we initially proposed 60, (including 3 for existing homes on this property)
as depicted as Initial Sketch Plan # 1. However, after the neighborhood meeting of April 12,
2000 we removed four home sites so the request now is for a total of 56 home sites as
depicted herein as Revised Sketch Plan # 2.
The PUD ordinance allowance for density increase is important for several reasons:
.
. Although development costs will be dramatically higher due to the many extra amenities and
design features incorporated for this community, Brooke Crossing can still remain
economically feasible because of the density increase allowed by the City's PUD ordinance.
. By providing larger passive and improved open spaces, trail ways and professionally
designed architectural treatments and features, we gain an increased density, and therefore
more efficient land use. This is a very important factor in today's high-demand, limited land
for development environment. In addition to the more efficient use of land, we are able to
protect and preserve more open spaces, which lends to the feeling of a "less dense", and
environmentally sound neighborhood community.
. By clustering the lot pattern, the whole community will realize ecological benefits from
preservation of open spaces, trees and wetlands.
. The whole design concept for Brooke Crossing is centered around the principal of protecting
more of the environment by consolidating the development activity on the site into the most
compact area. This is done by utilizing reduced street rights-of-way, street widths, setbacks,
lot sizes, etc. enabling a larger portion of the site to remain natural.
Proposed Amenities and Attributes for the Brooke Crossina PUD
The following amenities and attributes are proposed for Brooke Crossing in order to meet the
requirements for increased density allowed under the PUD ordinance.
1. Undeveloped Open Spaces
. Approximately 40-acres will be left in its natural state, specifically, wetland
and wooded areas, including Mahoney Brook. These areas will be protected
with strict covenants and deed restrictions and monitored by the HOA.
Z:\Documents\9589\ProjectNarrative2.doc 4
Brooke Crossing P.U.D.
Sketch Plan Review
Project Narrative
2. Improved Open Spaces
. Private trail ways connecting unique portions of Brooke Crossing, a common
thread to promote community and a friendlier environment for walking.
. Water features serving multiple functions as storm water ponds, skating rinks
and wildlife havens.
. An improved recreation area including a tot lot (swings, slides), sitting areas
and open green space for "sandlot" ball games, soccer, Frisbee, gathering,
etc. This feature reduces the demand on the City's public park facilities.
. Significant landscaped areas and architectural entrance treatments (see Item
3, below).
. These improved and passive open spaces will be operated, controlled and
maintained by a homeowner's association, which meets the requirements of
the City ordinance.
3. Distinctions and Excellence in SellinQ DesiQn and LandscapinQ
. Professionally designed landscape and entrance facilities to enhance the
natural beauty of the site (see attached sketches).
. Mahoney Brook, to appear "bridged" and landscaped; a signature feature for
this site (also see attached sketches).
. Landscaping design of improved open spaces compatible with the native
surroundings.
4. Architectural Stvle and Compatibilitv with Site and SurroundinQs
. Landscape features to enhance the natural surroundings, as previously
described.
. Roadway and other infrastructure improvements designed to fit the natural
topography and minimize impacts to areas of rolling and wooded terrain.
5. Compact Road Pattern with Traffic CalminQ
. Access to Brooke Crossing is provided with minimal disruption to the quality
of life of the adjoining neighborhoods.
. Design of the roadway pattern is intended to slow down the speed of auto
traffic.
. Revised Sketch plan # 2 provides for the elimination of the driveway from the
home site in the northeast corner of Brooke Crossing out to Hanson
Boulevard. This creates a safer situation so close to the intersection of 181st
Street and Hanson Boulevard.
PUD Flexibility
Our proposal provides for a beautiful residential neighborhood setting. In order to create the look
and feel needed to make this proposal work, the flexibility of the PUD ordinance will need to be
utilized.
Z:\OocumenlsI95S9IProjectNarrative2.doc 5
Brooke Crossing P.U.D.
Sketch Plan Review
Project Narrative
We propose the following variations from the underlying zoning standards:
1. Lot Area Initial Sketch Plan # 1
As proposed, the minimum lot area is one-acre (1.39-acre average lot size), and
would meet the 150' x 150' buildable area criteria. The underlying zoning calls
for 2 %-acre parcels.
Lot Area Revised Sketch Plan # 2
As proposed, the minimum lot area is one-acre (1.48-acre average lot size), and
would meet the 150' x 150' buildable area criteria. The underlying zoning calls
for 2 %-acre parcels.
2. Lot Width Initial Sketch Plan # 1
The proposed minimum lot width is 150' (to accommodate the buildable area
criteria). This reduction in width is critical for creation of open spaces and
preservation of natural amenities. The underlying zoning calls for 300' width
(165' for cul-de-sacs).
Lot Width Revised Sketch Plan # 2
Same.
3. Buildino Setbacks Initial Sketch Plan # 1
Reduced building setbacks to encourage grouping of houses toward the streets
to promote a sense of community (see site data on sketch plan). This will also
allow for larger vistas and contiguous open spaces adjacent to the homesites.
Please note that in all cases we propose a 150' x 150' buildable area for each
homesite, as described in the subdivision ordinance.
Buildino Setbacks Revised Sketch Plan # 2
Same
4. Roadwav pattern and Cul-de-sac Lenoth Initial Sketch Plan # 1
The proposed street layout includes one cul-de-sac which exceeds the 500'
length standard by approximately 275 feet. Unnecessary impacts to the
wetlands and trees would result if we were to provide another connection to the
exterior roadway system in order to satisfy this requirement. We understand that
the City of Andover has allowed for slightly longer cul-de-sacs for reasons such
as these. Moreover. we believe that two roadway entrances. as depicted in our
plan, make for a safer and calmer traffic condition than would an increase in
access points and is consistent with the majority opinion of the neighbors.
Roadwav pattern and Cul-de-sac Lenoth Revised Sketch Plan # 2
The aforementioned cul-de-sac is slightly shorter than the Initial Sketch Plan #1
layout and exceeds the 500 foot standard by approximately 250 feet.
5. Street Rioht-of-wav Width Initial Sketch Plan # 1
As described above, in order to minimize the disturbance to the site from
development activity we are proposing to consolidate or cluster roadway patterns
and the home sites in a compact manner. We believe this is more sensitive to
the environment and allows for a larger amount of open spaces in the rear yards
of the homes. Today's home plans are primarily designed with family activities
centered toward the living spaces in the rear of the home. This takes advantage
of the larger open spaces resulting from the narrower right of way because within
the street corridor the homes are closer together. We have proposed a 50' wide
street right-of-way to accommodate the 28' wide street. A 50' wide right-of-way
creates a closer proximity of houses, also critical for the needed "feel" of this
Z:\Documeots\9589\ProjectNarrative2.doc 6
Brooke Crossing P.U.D.
Sketch Plan Review
Project Narrative
development style. The 50' width allows for 11' wide boulevards on each side of
the street, plenty of room for electric, phone and gas utilities, walkways, and
plowed snow.
Since all homes will have individual sewage treatment systems and water-supply
wells, only City storm sewer utilities will be required within this right-of-way.
Street Rioht-of-wav Width Revised Sketch Plan # 2
Same.
Conclusion
Overall, we believe that the requests outlined within our application for a PUD for Brooke
Crossing results in a better design than otherwise would occur from strict adherence to the
Zoning Code. In other words the subdivision code promotes only the subdivision of land,
whereas the PUD allows for the creation of a high quality, environmental sensitive neighborhood
community designed specifically and uniquely for this specific parcel of land. These designs and
attributes help us to provide a more desirable environment consistent with what people are
looking for today in a community to build their new home.
We look forward to working with the City to present Brooke Crossing.
Respectfully submitted,
Terry M. Forbord
Gary Laurent
Randy Laurent
Attachments (Ernst & Assoc. -Sketches/Renderings)
Z:\Documeots\9589\ProjectNarrative2.doc 7
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