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HomeMy WebLinkAbout07-25-23ANL66W^� 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.ANDOVERMN.GOV Andover Planning and Zoning Commission Meeting Agenda July 25, 2023 Andover City Hall Council Chambers 7:00 p.m. 1. Call to Order 2. Pledge of Allegiance 3. Approval of Minutes — April 25, 2023 Regular Meeting 4. Public Hearing: Interim Use Permit (NP) Amendment — 16045 Nightingale St NW; PID# 15-32-24-42-0006 — Andover Christian Church (Applicants) 5. Public Hearing: Variance Request —14358 Butternut St NW; PID# 25-32-24-41-0073 — Joseph & Kaitlin Sullivan (Applicants) 6. Other Business 7. Adjournment I T Y O F [DOVE: 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV TO: Planning and Zoning Commissioners FROM: Jake Griffiths, Associate Planner SUBJECT: Approval of Minutes DATE: July 25, 2023 ACTION REQUESTED The Planning & Zoning Commission is requested to approve the April 25, 2023 regular meeting minutes. 6 PLANNINGAND ZONING COMMISSIONMEETING—APRIL 25, 2023 8 The Regular Bi -Monthly Meeting of the Andover Planning and Zoning Commission was 9 called to order by Chairperson Karen Godfrey on April 25, 2023, 7:00 p.m., at the Andover 10 City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. 11 12 Commissioners present: Scott Hudson, Bert Koehler IV, Nick Loehlein, Jonathan 13 Shafto, and Patrick Schuman, Jr. 14 15 Commissioners absent: Ryan Winge 16 17 Also present: Community Development Director Joe Janish 18 City Planner Peter Hellegers 19 Associate Planner Jake Griffiths 20 Others 21 22 PLEDGEOFALLEGL9NCE 23 24 APPROVAL OF MINUTES 25 26 March 28, 2023 Regular Meeting Minutes 27 28 Motion by Koehler, seconded by Loehlein, to approve the minutes as presented. Motion 29 carried on a 5 -ayes, 0 -nays, 1 -present (Schuman), 1 -absent (Winge) vote. 30 31 PUBLIC HEARING. Variance Request — Lot 9, Block 7, Lakeridge; PID #20-32-24- 32 14-0006 — Ed Fields and Sons (Applicants) 33 34 The Planning & Zoning Commission is requested to hold a public hearing and make a 35 recommendation to the City Council on a variance to City Code for the minimum lot size. 36 The subject property is located within the R-1, Single Family Rural Residential District 37 and City Code 12-3-5 establishes a minimum lot size of 2.5 acres. The applicant is 38 requesting a variance to allow a minimum lot size of 1.62 acres. Community Development 39 Director Janish noted the purpose of this item is to hold a public hearing and take input on 40 a variance request to the minimum lot size of 2.5 acres. He reviewed the criteria 41 established for considering a variance request, historic and existing conditions, and staff s 42 analysis of the variance request. Mr. Janish noted the applicant is submitting this request 43 in hopes to build a home on the property. 44 45 Commissioner Koehler asked if the applicant will be allowed to put in screening between 46 their new home and the road on either side of the pond, since there will be an easement in Regular Andover Planning and Zoning Commission Meeting Minutes—April 25, 2023 Page 2 1 place. Mr. Janish shared that typically they don't allow plantings to occur within an 2 easement area, but there is an opportunity for plating and screening outside the easement 3 area. 4 5 Commissioner Loehlein asked if there was already a home on the property, would a 6 variance be needed. Mr. Janish said the property would become non -conforming but the 7 City wouldn't have a say in it. This variance request is in place since there is currently no 8 home on the property. 9 10 Motion: Chair Godfrey assumed a motion to open the Public Hearing at 7:09 p.m. Motion 11 carried by unanimous consent. 12 13 There was no public input. 14 15 Motion by Koehler, seconded by Loehlein, to close the Public Hearing at 7:10 p.m. Motion 16 carried by unanimous consent. 17 18 Commissioner Koehler shared his support for the variance request. 19 20 Motion by Hudson, seconded by Koehler, to recommend to the City Council approval of 21 the variance request of Ed Fields and Sons for Lot 9, Block 7, Lake Ridge, for a minimum 22 lot size of 1.62 acres, based on the findings of fact contained in the staff report. Motion 23 carried on a 6 -ayes, 0 -nays, 1 -absent (Winge) vote. 24 25 Mr. Janish stated that this item would be before the Council at the May 2, 2023 City 26 Council meeting. 27 28 PUBLIC HEARING: Consider City Code Amendments — City Code 12-11: 29 CommerciaUlndustrial Permitted, Permitted Accessory, Conditional, Interim and 30 Prohibited Uses — Liquor Sales in Neighborhood Business Zoning District — City of 31 Andover (Applicant) 32 33 The Planning and Zoning Commission is requested to hold a public hearing and make a 34 recommendation to the City Council on an amendment to City Code relating to adding 35 liquor licenses and off -sale liquor stores as a conditional use, consistent with the 36 requirements of other commercial and industrial zoning districts within the City. The 37 proposed amendment would allow the Planning Commission and City Council the ability 38 to review potential locations for these uses through a Conditional Use Permit process. 39 Community Development Director Janish explained that City Code 12-11 currently 40 prohibits liquor licenses and off -sale liquor stores within the NB -Neighborhood Business 41 zoning district. The proposed amendment, if approved, would allow liquor licenses and 42 off -sale liquor stores as a conditional use within NB -Neighborhood Business zoning 43 districts that are contiguous and at least five acres in size. 44 Regular Andover Planning and Zoning Commission Meeting Minutes—April 25, 2023 Page 3 1 Mr. Janish noted they received an email from a resident that he will read as a part of the 2 Public Hearing progress. 3 4 Commissioner Hudson asked how many of the four neighborhood district sites meet the 5 five -acre threshold. Mr. Janish said two of them do, explaining that the two on Bunker are 6 too small. 8 Commissioner Schuman asked what Mr. Janish meant by his use of the word contiguous. 9 Mr. Janish explained that either a group of parcels put together need to meet the five -acre 10 threshold when zoned, or one parcel needs to be five acres or greater. 11 12 Commissioner Koehler asked if the Commission goes ahead with this and someone wants 13 to open a liquor store, would a Conditional Use Permit still have to come before the 14 Commission and the Council for approval. Mr. Janish said yes, there would still be a public 15 hearing process. 16 17 Commissioner Koehler confirmed the City will have the flexibility to say yes or no to a 18 request. 19 20 Commissioner Loehlein asked for clarification about which City parcels meet 5 acres. He 21 noticed that two of them, on Hanson and Bunker, are separated by a General Business zone. 22 He asked if those don't meet the five -acre requirement because they are separated. Mr. 23 Janish confirmed and explained that the General Business doesn't provide for a contiguous 24 connection. 25 26 Motion: Chair Godfrey assumed a motion to open the Public Hearing at 7:17 p.m. Motion 27 carried by unanimous consent. 28 29 Brandon Krosch, 3401 153rd Avenue NW, came forward and asked for an explanation on 30 what contiguous acres are. He asked if a 5 acre piece can be done in parts but needs to be 31 within a residential district. Mr. Janish explained they have to be in a Neighborhood 32 Business district. 33 34 Mr. Janish presented the zoning map showing parcels that have been created in the City as 35 of July 2022. He pointed out the Neighborhood Business (NB) parcels on the map which 36 were shaded pink. He explained people who want to obtain a liquor license would need to 37 find a spot that is "pink" on the map that is or adds up to five connected acres. 38 39 Mr. Janish shared the comment received via email from Wes Volkenant, 1482 158th Lane 40 NW. Mr. Volkenant looked at the City map and indicated that of all the pink shaded areas, 41 he didn't see any that would be appropriate for a liquor store location. He believes there 42 are already more than enough locations for people to buy liquor in the City, and he 43 recommended a rejection of the proposal. 44 Regular Andover Planning and Zoning Commission Meeting Minutes—April 25, 2023 Page 4 1 Motion: Chair Godfrey assumed a motion to close the Public Hearing at 7:22 p.m. Motion 2 carried by unanimous consent. 4 Commissioner Koehler complimented Mr. Krosch for asking a question, since residents 5 watching at home may have had the same question. 6 7 Commissioner Schuman asked about the policy's purpose to protect the public health, 8 safety and welfare of residents in the City. He asked what the grounds are for making an 9 argument to approve the addition of a liquor store, would it have to fall under the intent of 10 the policy. Mr. Janish shared the reason for a CUP is to indicate the City is willing to allow 11 the addition of an amenity to a location if there is limited impact to surrounding properties. 12 He explained the City can place reasonable conditions on a liquor license like limited hours 13 of operation, size of operation, things to limit traffic that would go there, etc. Andover and 14 many communities have used hours and screening as primary restrictions. 15 16 Commissioner Schuman asked if a CUP in this context would be limited by the five -acre 17 threshold, and if it would be up to liquor licensing if safety measures were being met. Mr. 18 Janish said the liquor license process itself would include a background evaluation of an 19 individual, and hours of operation. If someone with a liquor license sold to a minor for 20 instance, the Council could pull or revoke the liquor license. Those safety factors are built 21 into the license itself. 22 23 Chair Godfrey asked for clarification and stated that there are three levels of control for the 24 City related to liquor sales. The first is that currently in the Neighborhood Business (NB) 25 district, the sale of liquor is prohibited. The request today is to change that from being 26 prohibited to being permitted with a Conditional Use Permit (CUP) to make it possible. 27 The second is the specific application for a CUP, which could have additional conditions 28 should the Commission or Council recommend/approve those. The third is licensing by the 29 State liquor board which creates an enforceable situation for the business owner. What they 30 are requesting to do tonight is to change the option of having the opportunity to have a 31 CUP for liquor sales in a NB area. Mr. Janish confirmed all that was stated.. 32 33 Commissioner Loehlein shared his support of the code amendment. 34 35 Motion by Shafto, seconded by Hudson, to recommend to the City Council approval of an 36 amendment to City Code 12-11 to add liquor licenses and off -sale liquor stores as a 37 conditional use within the NB -Neighborhood Business zoning districts that are contiguous 38 and at least five acres in size and consistent with the requirements of other commercial and 39 industrial zoning districts within the City. Motion taken by roll call: Hudson - aye, 40 Schuman - nay, Koehler - aye, Godfrey - aye, Shafto - aye, Loehlein - aye. Motion carried 41 on a 5 -ayes, 1 -nay (Schuman), 1 -absent (Winge) vote. 42 43 Commissioner Koehler shared he didn't want Mr. Volkenant to think they ignored his 44 email, and respects the fact that he took the time to send it in. He shared he supports the 45 motion on the table. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Regular Andover Planning and Zoning Commission Meeting Minutes—April 25, 2023 Page 5 Mr. Janish stated that this item would be before the Council at the May 2, 2023 City Council meeting OTHER BUSINESS Community Development Director Janish shared an update on a CUP for additional cell antennas on a water tower, which was presented to the Commission at their last meeting. The Council reviewed and approved the CUP. They are working with the provider to get the antennas in place. Commissioner Koehler asked for a timeline on that. Mr. Janish said the CUP will expire in 1 year. He hasn't heard specifics for when the antennas will be on the tower. He will keep the Commission updated. ADJOURNMENT Motion: Chair Godfrey assumed a motion to adjourn the meeting 7:34 p.m. Motion carried by unanimous consent. Respectfully Submitted, Kristina Haas, Recording Secretary TimeSaver Off Site Secretarial, Inc. 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV TO: Planning and Zoning Commissioners i CC: Joe Janish, Community Development Director Jake Griffiths, Associate Planner FROM: Aidan Breen, Planning Intern SUBJECT: Public Hearing: Interim Use Permit (IUP) Amendment —16045 Nightingale St NW; PID# 15-32-24-42-0006 — Andover Christian Church (Applicants) DATE: July 25, 2023 The applicant, Andover Christian Church, is requesting to extend the timeframe for the removal of the subordinate classroom structures on their property by 18 months. Their current permit expires August 31, 2023. A Conditional Use Permit (CUP) for the temporary classrooms was originally requested by Family of Christ Lutheran Church in 1998 and a four-year extension was granted to the church in 1999. A five-year extension was granted in 2003. Andover Christian Church acquired the property in 2004, and extensions to the CUP were granted again in 2008 and 2013. In 2018, the CUP was converted into an Interim Use Permit with a 5 -year term. The application includes a plan for phased construction and remodeling which would permit the removal of the subordinate classroom structures. The application notes that this phased plan does not include a definite timeline and is subject to financial circumstance, however the applicant intends to complete construction within 18 months. The subordinate classroom structures are currently used for the applicant's Youth Center. As soon as they are able, the applicant intends to remodel their existing primary building to accommodate their Youth Center (See "Future Plans.." document and Phased Construction Plan beginning on page 12), allowing them to remove the subordinate classroom structures. Once removed, the applicant then intends to build a permanent structure where the subordinate classrooms were located. As per Chapter 12 -Permitted, Permitted Accessory, Conditional, Interim and Prohibited Uses, Subordinate Classrooms require an Interim Use Permit. Since the existing IUP has not yet expired, the applicants are requesting an amendment to extend the expiration date. Interim Use Permit Standards The Planning and Zoning Commission shall recommend an interim use permit and the Council shall issue such interim use permit only if it finds that such use at the proposed location: 1. Will not create an excess burden on parks, streets, and other public facilities; • The subordinate classrooms have been in place since 1998 and no issues have been reported at this time. 2. Will not be injurious to the surrounding neighborhood or otherwise harm the public health, safety, and general welfare; • The subordinate structures are inspected by the Fire Department every 2 or 3 years. A condition has been included in the resolution that would also require an inspection by the building official. 3. Will not have a negative effect on the values of property and scenic views; • The subordinate classrooms have been in place since 1998 and inspected by the Fire Department every 2 or 3 years. • The applicant is not proposing to move or modify the subordinate classrooms. • Routine maintenance to the subordinate classrooms has been conducted since their construction. 4. Will not impose additional unreasonable costs on the public; • The subordinate classrooms are the responsibility of the applicant and any costs associated with removal and maintenance are the sole responsibility to the applicant. 5. Will be subjected to, by agreement with the owner, any conditions that the City Council has deemed appropriate for the permission of the use, including a condition that the owner may be required to provide appropriate financial surety to cover the cost of removing the interim use and any interim structures upon the expiration of the interim use permit. If the NP Amendment is approved, the Building and Fire Departments would like to inspect the structure. ACTION REQUESTED The Planning and Zoning Commission is asked to hold a public hearing and provide a recommendation to the City Council regarding the IUP Amendment request. Respect ted, Aidan Breen Planning Intern Attachments Draft Resolution of Approval p• 4 Draft Resolution of Denial p• 6 Existing NP Resolution P. g Location Map10 Aerial Photograph p 11 P. Applicants' Materials p. 12 Cc: Andover Christian Church, Attn: Bill Barber, 16045 Nightingale St NW, Andover MN 55304 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R A RESOLUTION GRANTING AN INTERIM USE PERMIT FOR EXTENDING THE TIME FOR THE REMOVAL OF A SUBORDINATE CLASSROOM STRUCTURE ON PROPERTY LOCATED AT 16045 NIGHTINGALE STREET NW (PIN 15-32-24-42-0006) THAT PRT OF NW 1/4 OF SE1/4 OF SEC 15 TWP 32 RGE 24 LYG SLY OF SLY R/W LINE OF CSAH NO 20 & LYG NWLY OF FOL DESC LINE: BEG AT A PT ON W LINE OF SD 1/4 1/4 663 FT S OF NW COR THEREOF, TH E PRLL/W N LINETHEREOF 402 FT, TH NELY TO A PT ON SD SLY R/W LINE 300 FT WLY OF E LINE OF SD 1/4 1/4 & THERE TERM, EX RD, SUBJ TO EASE OF REC, Anoka County, Minnesota. WHEREAS, Andover Christian Church requested an interim use permit for the use of subordinate classrooms for a five year extension on the removal of the subordinate classroom structure granted by past conditional use permits, and; WHEREAS, the Planning and Zoning Commission held a public hearing on July 25, 2023; and, WHEREAS, the Planning and Zoning Commission finds the request: 1. Will not create an excess burden on parks, streets, and other public facilities; 2. Will not be injurious to the surrounding neighborhood or otherwise harm the public health, safety, and general welfare; 3. Will not have a negative effect on the values of property and scenic views; 4. Will not impose additional unreasonable costs on the public; 5. Will be subjected to, by agreement with the owner, any conditions that the City Council has deemed appropriate for the permission of the use, including a condition that the owner may be required to provide appropriate financial surety to cover the cost of removing the interim use and any interim structures upon the expiration of the interim use permit. WHEREAS, the Planning and Zoning Commission recommends to the City Council Approyal of the interim use permit. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby approve s the interim use permit to allow for extending the time for the removal of the subordinate classroom structure(s) on property located at 16045 Nightingale Street NW with the following conditions: 1. The Interim Use Permit shall expire in 18 months, on February 28, 2025, at which time the temporary structures shall be removed 2. Upon the issuance of the Interim Use Permit, the Building and Fire Departments shall El perform an inspection of the subordinate classroom structure. 3. If the subordinate classroom structures do not pass inspections by Andover Fire and Building Departments, the structures shall be brought into compliance or the Interim Use Permit may be revoked. Adopted by the City Council of the City of Andover on this 315 Day of July 2023. CITY OF ANDOVER ATTEST: Michelle Harmer, Deputy City Clerk Sheri Bukkila, Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R A RESOLUTION DENYING AN INTERIM USE PERMIT FOR EXTENDING THE TIME FOR THE REMOVAL OF A SUBORDINATE CLASSROOM STRUCTURE ON PROPERTY LOCATED AT 16045 NIGHTINGALE STREET NW (PIN 15-32-24-42-0006) THAT PRT OF NWl/4 OF SE1/4 OF SEC 15 TWP 32 RGE 24 LYG SLY OF SLY R1W LINE OF CSAH NO 20 & LYG NWLY OF FOL DESC LINE: BEG AT A PT ON W LINE OF SD 1/4 1/4 663 FT S OF NW COR THEREOF, TH E PRLL/W N LINETHEREOF 402 FT, TH NELY TO A PT ON SD SLY R/W LINE 300 FT WLY OF E LINE OF SD 1/4 1/4 & THERE TERM, EX RD, SUBJ TO EASE OF REC, Anoka County, Minnesota. WHEREAS, Andover Christian Church requested an interim use permit for the use of subordinate classrooms for a five year extension on the removal of the subordinate classroom structure granted by past conditional use permits, and; WHEREAS, the Planning and Zoning Commission held a public hearing on July 25, 2023; and, WHEREAS, the Planning and Zoning Commission finds the request: 1. Will create an excess burden on parks, streets, and other public facilities, because 2. Will be injurious to the surrounding neighborhood or otherwise harm the public health, safety, and general welfare because .... 3. Will have a negative effect on the values of property and scenic views because ... 4. Will impose additional unreasonable costs on the public because .... 5. Will be subjected to, by agreement with the owner, any conditions that the City Council has deemed appropriate for the permission of the use, including a condition that the owner may be required to provide appropriate financial surety to cover the cost of removing the interim use and any interim structures upon the expiration of the interim use permit. WHEREAS, the Planning and Zoning Commission recommends to the City Council denial of the interim use permit. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby denies the interim use permit to allow for extending the time for the removal of the subordinate classroom structure on property located at 16045 Nightingale Street NW and orders the usage of 0 the subordinate classrooms to cease on August 31 ", 2023 and to be removed from the property within 90 days. Adopted by the City Council of the City of Andover on this 31 It day of July 2023 CITY OF ANDOVER ATTEST: Michelle Harmer, Deputy City Clerk Sheri Bukkila, Mayor © C1TY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. N0. R053-18 A RESOLUTION GRANTING AN INTERIM USE PERMIT FOR EXTENDING THE TEO FORTHS REMOVAL OF A SUBORDINATE CLASSROOM STRUMME ON PROPERTY LOCATED AT 16045 NIGHTINGALE STREET NW (PIN 15-32-24-42-0006) THAT PRT OF NWl/4 OF SEl/4 OF SEC 15 TWP 32 ROE 24 LYO SLY OF SLY R/W LINE OF CSAH NO 20 8c LYO NWLY OF FOL DESC LINE: BEG AT A PT ON W LINE OF SD 1/41/4 663 FT S OF NW COR THEREOF, TH E PRLL!W N LINEUIEREOF 402 FT, TH NELY TO A PT ON SD SLY R!W LINE 300 FT WLY OF E LINE OF SD 1/41/4 8r: THERE TERM, EX RD, SUET TO BASE OF RBC, Anoka County, Minnesota. WHERBAS, Andover -Christian Church requested an interim use permit for the use of subordinate classrooms for a five year extension on the removal of the subordinate classroom structure granted by past conditional use permits, and; WHEREAS, the Planning and Zoning Commission held a public hearing on August 15,2018; ©and, WHEREAS, the Planning and Zoning Commission finds the request: 1. Will not create an excess burden on parks, streets, and other public facilities; The subordinate classrooms have been in place since 1998 and no issues have been reported at this time. 2. Will not be injurious to the surrounding neighborhood or otherwise ham the public health, safety, and general welfare; • The subordinate structures are inspected by the Fire Department every 2 or 3 years. A condition has been included on the resolution that would also require an inspection by the building official. 3. Will not have a negative effect on the values of property and scenic views; • The subordinate classrooms have been in place since 1998 and inspected by the Fire Department every 2 or 3 years. • The applic ig is not proposing to move or modify the subordinate classrooms. • Routine maintanance to the subordmate classrooms have been conducted since initially obtaining a permit to have them. 4. Will not impose additional unreasonable costs on the public; • The subordinate classrooms are the responsibility of the applicartt and any costs associated with removal, and maintenance aro the sole responsibility to the applicant. © S. Will be subjected to. by agreement with the owner, any conditions that the City Council has deemed appropriate for the permission of the use, including a O condition that the owner may be required to provide appropriate financial surety to cover the cost of removing the interim use and any interim structures upon the expiration of the interim use permit WHEREAS, the Planning and Zoning Commission recommends to the City Council AMMEW of the interim use permit NOW, THEREFORE, BE 1T RESOLVED, that the City Council ofthe City of Andoverhereby gpproves the interim use permit to allow for extending the time for de removal of the subordinate clessroom structure(s) on property located at 16045 Nightingale sued NW with the following conditions: 1. The Interim Use Permit "more on August 31, 2023, uponthe kamsfer of the property to a third party, or upon a change of use ofthe property, whichever shall fast occur. 2. Upon the issuance of the Interim Use Permit, the Bu I&* Department shall perform an inspection of the subordinate clesuoom structure. 3. If the subordinate classroom structure does not pass inspections by the Building Department and or Fire Department the Interim Use Permit may be revoked. Adopted by the City Coma of the City of Andover on this 219 day of August, 2018. O CITYOFANDOVER� ATTEST-_ 4YTmk Mayor Itele Xlarhia, Deputy City Clerk F HV OVER Site Location Map Site Location 16045 Nightingale St NW IPL f -v F- ie Ice Ir - ;A " , RX Date Created: July 11. 2023 Disclaimer The provider makes no representation or warranties with respect to the reuse of this data. Anoka County Parcel Viewer Vr mow•,.jell '.. !�K . �: •t .. �, t� 1 r4 yvw f`WF fa"'v3�F � f l.� y., r"� Wh r r n,'• " i t.. t � -C '. r � Ida ! 4 y t _..� v, .•_ �.. yam. - r N � '- �► '^,.�3.,. Mfr' � �l .. tea. -✓s( �:. i Parcel Information: Approx. Acres: 8.58539303 Owner Information: 1532-24-42-0006 Plat: COON RAPIDS CHRISTIAN CHURCH Commissioner: MIKE GAMACHE 16045 NIGHTENGALE ST NW 16045 NIGHTINGALE ST NW ANDOVER ZlI ANDOVER MN MN 55304 55304 Anoka County GIs 1:1,200 Date: 6/16/2023 Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This Is not a legal document and should not be substituted fora title search, appraisal, survey, or for zoning verification Future Plans Regarding ACC's Temporary Youth Center Andover Christian Church Our Goals: As our church stives to minister to the families who make up our congregation as well as the people in our community, we have some clear goals that guide our decisions and priorities • We want to be a church that is relevant and helpful for the issues and challenges both individual and families are facing. We want to be actively doing things that will help people across this community, • We want to be good stewards of the facilites and funds that have been entrusted to us. We want to maintain our buildings in top condition. We want to use our available funds for the maximum benefit of our programs and members. • We want to be good neighbors for this entire community. Our congregation does not just exist for ourselves. We desire to be a positive influence and resource for the challenges those outside our walls are facing. Our Intentions: We do not see our current Youth Center (the Temporary classroom building) as the permanent space we wish to have or need. While we seek to maintain this space so that it is comfortable, pleasant and useful — it is not the space we ultimately want for our programing or our congregation. It's our desire to replace the current temporary structure with a permanent building that offers greater space and greater flexibility for our programs. (See attached Sheets Al & A2) On Sheet Al, the Green areas Phase I, and the Yellow areas Phase 2, are the 2 areas that we are proceeding with at this time. This is moving the current Nursery area and then remodeling the current Nursery area into the new Youth Area. We intend to build a structure that esthetically matches our existing building and gives us a large multi -use space along with bathrooms and kitchen area (Phase 3 and Phase 4), as noted on the site plan, Sheet A2. This space would also offer us more opportunities for programs and activities that directly impact community families and not just our own members. There would be direct outside access for such programs to enable people from the community to easily enter and participate. We are already engaged in helping our community and see this space as a tool to help this focus grow. iz Our Strategy: The phased construction of this new space and the replacement of our temporary youth center is dependent on some factors that we cannot directly control. This has kept us from creating a specific timeline. While we are certain the City would welcome a definite date for completion, we do not know how to plan for the following factors: • The growth of our congregation. Our members are our sole source of income. As we have more members, we can move forward on this construction project. However, the growth of churches is not a simple business matter that can be easily projected. • The Economy. Our congregation is totally dependent on the donations of our members. As a result, our income is directly affected by the health of the economy since it affects our members' lives. The current financial downturn has a major impact on the income and finances of every congregation. The volatility of the economy makes it very difficult to plan out five years, both as to our income as well as the costs of construction. We currently have financial commitments from the congregation to start doing some modifications of the interior of the building to help us achieve our ultimate goal of removing the temporary youth center structure and to be able to construct the multi-purpose structure addition. We have a set of plans that have been prepared showing the remodeling of the main structure and incorporating the multi-purpose addition. We are however moving with caution on our part to not make a long-term commitment that might pose a financial risk to our congregation. The conclusion of all this is to affirm to the City, the intentions of our congregation: we remain committed to this project and we are ready to move forward as the circumstances allow. We are ready to move forward with the interior remodeling (Phase 1 & 2) that is needed to accommodate the removal of the current Youth Center structure. Our goal is to be able to move into the next phase shortly after completion of the interior modifications. But during this interim period, we are asking that we be allowed to continue to use our current Youth Center as we seek to help our congregation grow and be a resource for this community. That is why we are asking the City to approve our Interim Use Permit. : / BUILDING AREAS SF OPHASE 1- NEW CHILDRENS AREA 4,261 SF A CREATE NEW ENTRY VESTIBULE sm.mam-awn, B. REMOVE 2ND STAIR TO UPPER LEVEL STOARGE. ( C. BUILD OUT NEW SECURE CHILDRENS AREA i ■ ��\ PHASE 2- NEW ADULTS AND YOUTH MEAS 3025 SF / A REMODEL EXISTING SPACES. s3m.mom-W, l i UPPER STORAGE PHASE B -ADD MEW FELLOWSHIP FULLMOKffCHEN 4,002 SF N.ora,000. aer-� m m dill\ o — O PHASE 4 -REMODEL EXISTING KITCHEN AND TOILETS INTO 5615F ® rt NPA LARGER TOILETS Tla.mu.m-a .M a cm a r! 7z � : m � la ffi t all II ® �� 6 IIUIti_.-airi ED a IS 66 iifi .. ffi Al ANDOVER CHRISTAIN CHURCH - REMODEL ' -J7 i�rxsnonrou�ttort MAIN LEVEL PHASING PLAN I �V Khm"ra � � .aCHIMcb dENE/1AL coxTnACTnxs bi iJ Applicant Photos obe uAk S%ve O c f L,) Applicant Photos Applicant Photos µGL tut�lTF.ry.c�21� �SiFreri- �: � e�� Applicant Photos 4.21 s" �l �— �Ihoji 1 r y low .al 9 to , 9 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV TO: Planning & Zoning Commissioners CC: Joe Janish, Community Development Director`?9 FROM: Jake Griffiths, Associate Planner SUBJECT: Public Hearing: Variance Request —14358 Butternut St NW; PID# 25-32-24-41-0073 — Joseph & Kaitlin Sullivan (Applicants) DATE: July 25, 2023 BACKGROUND A variance is a way that cities may allow for an exception to part of an ordinance for a specific property. A variance is generally for dimensional standards such as setbacks or height limits and allows the landowner to deviate from a dimensional rule that would otherwise apply. Minnesota State Statute and City Code provide specific review criteria the City must consider when reviewing a variance request, this criteria is included later in this report. If a variance is approved it becomes a property right which runs with the land. DISCUSSION The applicants are requesting a variance from the rear yard setback requirement established by City Code 12-3-5: Minimum District Requirements. The subject property is located within the R-4: Single Family Residential Urban zoning district and in this zoning district City Code 12-3-5 establishes a rear yard setback of 30 -feet. The table below compares the City Code requirements to the variance request. The applicants have indicated that if the variance is approved, they plan on constructing an addition onto their home. The addition proposed by the applicants resembles what is commonly referred to as a screen or three - season porch. These structures are classified as additions onto the dwelling by the Minnesota State Building Code and have different standards than a traditional deck. While traditional decks are allowed to encroach up to 8 feet into the rear yard setback by the City Code, additions onto the dwelling are required to meet the rear yard setback since they are treated by the Building Code as being an addition onto the dwelling. Review Criteria City Code 12-15-9 establishes review criteria for considering a variance request and states that variances shall only be permitted when they are in harmony with the general purposes and intent of the official control and when the variances are consistent with the comprehensive plan. Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the official control. "Practical difficulties" as used in connection with the granting of a variance, means: 1. The property owner proposes to use the property in a reasonable manner not permitted by an official control. 2. The plight of the landowner is due to circumstances unique to their property not created by the landowner. 3. The variance, if granted, will not alter the essential character of the locality. 4. Economic considerations alone do not constitute practical difficulties. City Code Requirements Variance Re uest Difference Rear Yard Setback 30 ft 27 ft -3 ft The addition proposed by the applicants resembles what is commonly referred to as a screen or three - season porch. These structures are classified as additions onto the dwelling by the Minnesota State Building Code and have different standards than a traditional deck. While traditional decks are allowed to encroach up to 8 feet into the rear yard setback by the City Code, additions onto the dwelling are required to meet the rear yard setback since they are treated by the Building Code as being an addition onto the dwelling. Review Criteria City Code 12-15-9 establishes review criteria for considering a variance request and states that variances shall only be permitted when they are in harmony with the general purposes and intent of the official control and when the variances are consistent with the comprehensive plan. Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the official control. "Practical difficulties" as used in connection with the granting of a variance, means: 1. The property owner proposes to use the property in a reasonable manner not permitted by an official control. 2. The plight of the landowner is due to circumstances unique to their property not created by the landowner. 3. The variance, if granted, will not alter the essential character of the locality. 4. Economic considerations alone do not constitute practical difficulties. The City Council may also impose reasonable conditions on the granting of a variance request. A condition must be directly related to and must bear a rough proportionality to the impact created by the variance. As practical difficulties must be established by the applicants, a letter submitted by the applicants is attached for review as well as other materials submitted by the applicant in support of their request. Analysis of Variance Request The subject property was recently created as part of the Shadowbrook North development in 2020. A building permit was then obtained to construct a dwelling on the property which was completed on January 13, 2023. The subject property and the dwelling both meet the minimum requirements established by the City Code including applicable development standards such as minimum lot size, lot frontage and replacing all organic material for the front 110 feet of the lot. It should be noted that the dwelling appears to have been intentionally set back a greater distance from the street during construction so that its driveway grade would meet City Code requirements. It appears as though the dwelling is located 38.9 feet away from the rear property line and the rear yard setback is 30 feet. This would allow the property owner to utilize up to 8.9 feet from the back of their house for construction of an addition without needing a variance. If a deck was built rather than an addition, the City Code would allow the property owner to utilize up to 16.9 feet from the back of their house since decks are permitted to encroach 8 feet into the rear yard setback. Based on this, it appears that there are ways in which the property owner could construct improvements to their property without needing a variance. City staff have informed the applicants that it may be challenging to show that the practical difficulties are not created by the landowner for this variance request. It would appear that the practical difficulties for which the variance is being sought only arises as a result of the landowners' request to build an addition that does not meet City Code requirements rather than some circumstance unique to their property. ACTION REQUESTED The Planning & Zoning Commission is requested to hold a public hearing on the variance request, compare the variance requests to the review criteria of City Code 12-15-9, and make a recommendation based on findings of fact to the City Council. ectfully sub ed, Jake CrriffIt s Associate Planner Attachments Draft Resolution of Approval Draft Resolution of Denial Applicant's Materials CC: Joseph & Kaitlin Sullivan, Applicants (Via Email) Ryan Kestner, Kestner Construction Co. (Via Email) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. XXXX A RESOLUTION APPROVING VARIANCES FOR THE PROPERTY LOCATED AT 14358 BUTTERNUT ST NW; PID# 25-32-24-41-0073 LEGALLY DESCRIBED AS FOLLOWS: LOT 12, BLOCK 1, SHADOWBROOK NORTH WHEREAS, Joseph & Kaitlin Sullivan are the owners of a parcel of land located at 14358 Butternut St NW, Andover, Minnesota with Parcel ID Number 25-32-24-41-0073; and, WHEREAS, Joseph & Kaitlin Sullivan have applied to the City for a variance to the rear yard setback on the subject property; and, WHEREAS, the proposal would vary from City Code 12-3-5: Minimum District Requirements in that it would decrease the rear yard setback from 30 feet to 27 feet; and, WHEREAS, the Andover Review Committee has reviewed the variance requests; and, WHEREAS, pursuant to published and mailed notice thereof, the Planning and Zoning Commission held a public hearing on July 25, 2023; WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the variance request; and, WHEREAS, the City Council completed a review of the variance request along with the recommendation of the Planning and Zoning Commission; and, WHEREAS, the City Council agrees with the recommendation of the Planning and Zoning Commission and approves the variance request to reduce the rear yard setback from 30 feet to 27 feet; and, WHEREAS, based on the criteria for granting a variance under City Code 12-15-9, the City Council finds the following findings of fact to support the approval of the variance requests: 1. 2. 3. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby approves the variance request with the following conditions: 1. All necessary permits shall be obtained from any agency having an interest in improvements constructed on the property. 2. Pursuant to City Code 12-15-9-E-6, if the City Council determines that no significant progress has been made within the first twelve (12) months after the approval of the variance, the variance will be null and void. Adopted by the City Council of the City of Andover this 31 st day of July, 2023. CITY OF ANDOVER CITY OF ANDOVER Michelle Harter, City Clerk Sheri Bukkila, Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. XXXX A RESOLUTION DENYING VARIANCES FOR THE PROPERTY LOCATED AT 14358 BUTTERNUT ST NW; PID# 25-32-24-41-0073 LEGALLY DESCRIBED AS FOLLOWS: LOT 12, BLOCK 1, SHADOWBROOK NORTH WHEREAS, Joseph & Kaitlin Sullivan are the owners of a parcel of land located at 14358 Butternut St NW, Andover, Minnesota with Parcel ID Number 25-32-24-41-0073; and, WHEREAS, Joseph & Kaitlin Sullivan have applied to the City for a variance to the rear yard setback on the subject property; and, WHEREAS, the proposal would vary from City Code 12-3-5: Minimum District Requirements in that it would decrease the rear yard setback from 30 feet to 27 feet; and, WHEREAS, the Andover Review Committee has reviewed the variance requests; and, WHEREAS, pursuant to published and mailed notice thereof, the Planning and Zoning Commission held a public hearing on July 25, 2023; WHEREAS, the Planning and Zoning Commission recommends to the City Council denial of the variance request; and, WHEREAS, the City Council completed a review of the variance request along with the recommendation of the Planning and Zoning Commission; and, WHEREAS, the City Council agrees with the recommendation of the Planning and Zoning Commission and denies the variance request to reduce the rear yard setback from 30 feet to 27 feet; and, WHEREAS, based on the criteria for granting a variance under City Code 12-15-9, the City Council finds the following findings of fact to support the denial of the variance requests: 1. 2. 3. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby denies the variance request to decrease the minimum lot width and minimum lot size on the subject property. Adopted by the City Council of the City of Andover this 31 st day of July, 2023. CITY OF ANDOVER CITY OF ANDOVER Michelle Harter, City Clerk Sheri Bukkila, Mayor 6/9/2023 Dear City of Andover: This Letter of Intent is in support of our request for a variance to the rear yard setback requirement for an existing non -conforming lot. The intention is to construct a 12'x14' deck with a screened -in porch. As the code states, a dwelling may not come within 30' from the rear boundary line of the lot. We are allowed to encroach into the setback by building the deck with a freestanding gazebo (which would be less structurally sound) but cannot build a roof system attached to the house as it is considered part of the dwelling. When the house was constructed, it was placed at a distance greater than normal for a front setback. It was unfortunate that the builder did not verify these surveys and setbacks when the property was being surveyed and constructed. We are asking to be allowed T inside the 30' setback (10%) to create a structure that is visually appealing and looks like it was supposed to be part of our home. Included will be the plans for our build and the ultimate look our structure would have. There are a few of factors why we are asking for such a structure. (1) The extreme sunlight in the summer can cause the composite deck bords to become quite hot to the point it will bum your skin to contact them. Thus, potentially injuring kids and dogs. Even on a 75 -degree day the temps of the decking can exceed 125 -degrees on the surface. Why our request for a covered roof. (2) We are seeking an outdoor retreat and calming space that is bug free. As you know the mosquitos are very intense during periods of the summer as we do have a pond/wetland in close vicinity to our home. (3) If kept inside the setback it would only allow for a 9' depth. We are not looking for large structure. It would measure 12'x14'. What is perhaps the most relevant here, and what I would ask the board to consider, is (1) the fact that the new proposed structure would not impede any view of the neighboring homes; (2) the fact that the back of the house directly behind our home is facing to North and the rear of our home is faced to the West and would not affect the rear view of their home; (3) the proposed style and structure of the project is in step with the existing neighborhood; (4) the proposed project would be an improvement to the neighborhood and result in an overall increase in property value and tax base created by improvement; (5) we have obtained signatures from our neighbors stating that they have no objections with us impeding into the setback. If there is concern about finishing the structure into a conditioned living space in the future,we would be more than happy to sign documentation not allowing said improvements to occur. Thank you for your time and consideration on this matter. Respectfully submitted, Joseph and Kaitlin Sullivan i f�cii'Ni�n ..t1 'i �r VT•.Y) N Certificate of Survey for: DANE ALLEN HOMES, --INC. House Address: House Model: 14358 Butternut Street NW.. Andover, MN Rushmore 3 - _ - — I "'eta CITY OF WvDOVER t ae All ----- a t J S89"23'21"E i- 131.46 I t' �es q VC � I� vl a i,3 a� us. 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PROPERTY DESCRIPTION: Lot 12, Block 1, SHADOWBROOK NORTH, Anoka County, Minnesota *DROP GARAGE DOWN, AS SHOWN' Minimum Lowest Opening Elevation: 891.0 Minimum Lowest Floor Elewtion: 888.0 PROPOSED BUILDING ELEVATIONS Lowest Floor Elevation: 888.2 Lookout Elevation: 891.4 Top of Foundation Elevotim: 896.9 Garage Slab Elevation (at door): 896.0 RC*ES: 1. Proposed b0dinq site grading is 'n acco donce with me groainq ploys prepared by "arlsm uceain, Ira.. lost .<,,ised 1/24/19. 2. Contractor "hast v,ily eeR., oeptn. 3. D"vexe, s+oer. ore I. groPn:c purposes Min Fi-d e•I.• dmlgn and mcoton to be eet,miced b, der,/bold,. 411 bottling foundation dimms'uns Shawn M tin sl.rveY 'unlade enter br fourdano, tevictuorl wialbs, it ubpicabi< nek :o '1,1 building plans 1, fa.ndaYhx+ aesoiis rI.,Mr that this 4ury y. DIa' a rept woe CARLSON p r l 9u,S eI old Vitt oram c duly .k,sed su N r he sl s of Mlnnesata. Ogled thsBw OOY .2022 . Signed' In o I c 3e90 eXErSANT RIDGE DKVL Ne Su1Te too £/ �/ mcmae R. 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