HomeMy WebLinkAboutCC July 5, 2000
/ -, CITY of ANDOVER
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1685 CROSSTOWN BOULEVARD NW.. ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923
Regular City Council Meeting - Wednesday, July 5, 2000 agenda
Call to Order - 7:00 PM
Resident Forum Bookmark
Agenda Approval Name
Consent Agenda
Approval of Minutes minutes
Discussion Items
1. Approve Special Use Permit/Planned Unit Development/Andover Station Ill] ] 6, LLC. suppudllc
2. Approve Preliminary Platl Andover Station 11/] ] 6, LLC. ppllc
3. Approve Association Documents/Andover Station 11/] ]6, LLC. assocd ue
4. Approve Final Landscape Plan/Andover Station Ill] ]6, LLc. ]andseape
.5. Approve Final Plat/Andover Station 11/] ]6, LLC fplatlle
6. Approve Variance/]4267 Round Lake Blvd/Tressel tressc1
Staff. Committees. Commissions
1. Appoint Residents Equestrian Council equest
/--\ 8. Schedule Council Work Session/Communal Septics septics
V 9. Youth ]st Appointment youth 1st
Non-Discussion/Consent Items
10. Approve Lot Split (L.S. 00-08)/3640 152ml Lane NW/Windschitl IsOO08
] I. Deny Variance (V AR 00-13)/Expand Non-conforming Structure/I7]5] Tulip Strcct NW/Larscn !al'sell
]2. Approve Variance (V AR 00- ]4)/Side Yard Setback/13659 Xavis Street NW/Mattson mattsoll
] 3. Approve Variance (V AR 00-15)/Front Yard Setback/Lots 2 ]e22, Block ]-Sunridge Add.! sUllddge
Sunridge Townhome Development
]4. Update/Ordinance No. 240 - Firearms/Hunting Ordinance ord240
]'5. Order Plans & Specs/00-9/Hidden Creek North Parking Lot Reconstruction ord009
(6. Approve Plans & Specs/00-9/Hidden Creek North Parking Lot -Reconstruction appr009
] 7. Approve Plans & Specs/98-25/Crosstown Boulevard Trail appr9825
18. Approve Quotes/00-21/Pavement Markings appr0021
] 9. Accept Feasibility Report/00-2513532 - ] 42nd A venue NW IWM acpt0025
20. Receive Assessment Roll/Order Public Hearing/98-] 1/Jay Street NW ord9811
21. Approve Kennel License Renewal kennel
22. Update/00-I7 / Anoka County Library Trail Construction updateOO17
23. Update/Gabriel Ponding Issue updategabriel
24. Approve Final Payment/OO-]4/142XX Round Lake B]vd. NW fpayOO14
25. Hire IS Coordinator hireis
Mayor/Council Input
, Payment of Claims
'J Adjournment
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
,
DATE: luly 5. 2000
AGENDA SECTION ORIGINATING DEPARTMENT
~;JJ
Approval of Minutes City Clerk U.
ITEM NO.
Approval of Minutes
The City Council is requested to approve the following minutes:
June 20, 2000 Special Joint Meeting w jEDA
June 20,2000 Regular Meeting
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/ CITY OF ANDOVER
REQUEST FOR CITY COUNCIL ACTION
DATE July 5, 2000
AGENDA SECTION ORIGINATING DEPARTMENT
Discussion Community Development
AGENDA ITEM NO.
Approve Special Use Permit
Planned Unit Development
\ Andover Station II
.116,LLC
The City Council is requested to approve the Special Use Permit request of 116,
LLC for a Planned Unit Development (PUD). The PUD is a commercial
development consisting of 14 lots and one common area lot to be controlled by an
association on 21.9 +/- acres. The Special Use Permit application for the PUD is
being submitted in conjunction with the preliminary plat of the subject property.
The preliminary plat is a replat of Lots 1-3, Block 1, Andover Station and will be
known as "Andover Station II".
The property is generally located south and west of the intersection Bunker Lake
Boulevard NW and Jay Street NW in Section 34, Township 32, Range 24, Anoka
County, Minnesota as shown on the location map.
The property is currently zoned GB, General Business.
Applicable Ordinances
Ordinance No.8, Section 3.02, defines a Planned Unit Development (PUD) as
having (2) or more principal uses or types of structures on a single lot or parcel of
land and developed according to an approved plan. A PUD shall include
townhouses, single and two family homes, apartment projects involving more than
one building, residential subdivisions submitted under "density zoning" provisions,
multi-use structures, such as an apartment building with retail at ground floor
level, commercial developments, industrial developments, mixed residential and
commercial developments and similar projects.
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Page Two
Special Use Permit - Planned Unit Development
"Andover Station II" - 116, LLC
City Council Meeting
July 5, 2000
Ordinance No.8, Section 4.18, Planned Unit Developments was amended on May
7, 1996 and states that Ordinance No. 112 shall regulate Planned Unit
Developments.
Ordinance No. J 12, regulates Planned Unit Developments. The purpose of this
ordinance is intended to provide for and permit flexibility of site design and
architecture for the conservation of land and open space through clustering of
buildings and activities. The flexibility is achieved by waiving or varying from the
provisions of Ordinance No.8, the Zoning Ordinance, including lot size, setbacks,
height and similar regulations, while at the same time preserving the health, safety,
order, convenience, prosperity and general welfare of the City of Andover and its
inhabitants. Attached is a copy of Ordinance No. 112 for Commission review.
Ordinance No.8, Section 5.03, regulates the Special Use Permit process, outlining
conditions and procedures.
Ordinance No.8, Section 5.03, Special Uses, also establishes criteria in reviewing
Special Use Permit applications. These criteria include:
the effect of the proposed use upon the health, safety, morals and general
welfare of the occupants of surrounding land,
the existing and anticipated traffic conditions including parking facilities on
adjacent streets and land,
the effect on values of property and scenic views in the surrounding area, and
the effect of the proposed use on the Comprehensive Plan.
General Review
As indicated earlier, the PUD is a replat of Lots 1-3, Block 1, Andover Station.
The uses of the lots are as follows:
1. Lots 1-10 consist of office/warehouse buildings (two are currently
under construction).
Page Three
Special Use Permit - Planned Unit Development
"Andover Station II" - 116, LLC
City Council Meeting
July 5, 2000
2. Lot 11 is a banquet/conference facility (currently under
construction).
3. Lot 12 is a proposed restaurant/sports bar/entertainment center
4. Lot 13 is a proposed restaurant.
5. Lot 14 is the existing Andover Cinema.
6. Lot 15 is a common area that includes parking for the entire
development complex and will be held in common by an
association that will be created as a part of the development.
Planning & Zonin!! Commission Recommendation
The Planning and Zoning Commission recommends the approval of the request.
Attached is a resolution for Council approval. Also attached is the minutes from
the June 13,2000 Commission meeting for Council review.
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CITY OF ANDOVER
COUNTYOFANOKA
STATE OF MINNESOTA
RES. NO. R -00
A RESOLUTION GRANTING THE SPECIAL USE PERMIT REQUEST OF 116, LLC
FOR A PLANNED UNIT DEVELOPMENT TO DEVELOP A COMMERCIAL
DEVELOPMENT CONSISTING OF 14 LOTS AND ONE COMMON AREA LOT TO
BE KNOWN AS THE SUBDIVISION OF "ANDOVER STATION II" ON THE
PROPERTY LEGALLY DESCRIBED BELOW.
WHEREAS, 116, LLC has requested a Special Use Permit for a Planned Unit
Development to develop a commercial development consisting of 14 lots and one
common area lot to be known as the subdivision of "Andover Station II" pursuant to
Ordinance No.8, Section 4.18, Planned Unit Developments and Ordinance No. 112, An
Ordinance regulating Planned Unit Developments on the property legally described as
follows:
Lots 1-3, Block 1, Andover Station; and
WHEREAS, the City Council has reviewed the request and has determined that said
request meets the criteria of Ordinance No.8, Section 5.03, Special Uses. The Council
finds the proposed use will not be detrimental to the health, safety, morals and general
welfare of the occupants of the surrounding lands; and
WHEREAS, the City Council finds the request would not have a detrimental effect on
the property values and scenic views of the surrounding area; and
WHEREAS, the City Council finds the request meets the criteria of Ordinance No.8,
Section 4.18, Planned Unit Developments and Ordinance No. 112, An Ordinance
regulating Planned Unit Developments; and
WHEREAS, a public hearing was held before the Planning and Zoning Commission and
there was no opposition to the request; and
WHEREAS, the Planning and Zoning Commission recommended to the City Council
the approval of the Special Use Permit as requested.
Page Two
Resolution
Special Use Permit - Planned Unit Development
Andover Station II - 116, LLC
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 will
allow 116, LLC to develop a Planned Unit Development on said property with the
following conditions:
1. All variances associated with the approval of the Special Use Permit for the Planned
Unit Development shall be approved with the approval of the preliminary plat in the
form of "Development Standards".
2. That the Special Use Permit shall be subject to a sunset clause as defined in Ordinance
No.8, Section 5.03(D).
3. The Special Use Permit shall be subject to annual review by Staff.
4. The Special Use Permit for the Planned Unit Development shall be contingent upon
the approval of the preliminary plat of Andover Station II. If the preliminary plat
application or request fails to be approved, in whole or in part, the special use permit
shall be considered null and void.
5. A property owners association shall be created with the following documents provided
to the City for review and approval by the City Council prior to being recorded with
the final plat in accordance with Ordinance No. 112:
a. Articles ofIncorporation
b. By-laws of the association
c. Declaration of covenants, conditions and restrictions regulating the properties,
maintenance ofthe common areas.
Adopted by the City Council of the City of Andover on this ---2.tlL day of July. 2000.
ATTEST CITY OF ANDOVER
Victoria V olk, City Clerk lE. McKelvey, Mayor
CITY OF ANDOVER
REQUEST FOR CITY COUNCIL ACTION
DATE July 5, 2000
AGENDA SECTION ORIGINATING DEPARTMENT
Discussion Community Development
AGENDA ITEM No.
Approve Preliminary Plat
g.Andover Station II
1116, LLC
The City Council is requested to approve the preliminary plat of the Planned Unit
Development of "Andover Station II" located in Section 34, Township 32, Range 24,
Anoka County, Minnesota as requested by 116, LLC.
General Comments
. The proposed preliminary plat is currently zoned GB, General Business. The
) proposed plat is currently within the Metropolitan Urban Service Area (MUSA).
Municipal sanitary sewer and water serves the site.
. The proposed use of the property is consistent with the Andover Comprehensive Plan,
Land Use Plan.
. The proposed subdivision is a PUD and consists of 14 commercial lots and one
common area lot to be controlled by an association.
. The proposed subdivision is a replat of Lots 1-3, Block 1, Andover Station.
Comments of the Andover Review Committee
* Association documents will be necessary to guarantee the maintenance of all
commOn areas and to establish responsibility for the maintenance of utilities. In
addition, joint parking and access agreements maybe necessary.
* The association created for Andover Station II shall be required to be a member
of the Andover Station Association. The Andover Station Association is
financially responsible for the up keep of all commOn areas as well as the
landscaping and lighting on Martin Street, Jay Street and Bunker Lake Blvd. NW.
* A number of variances will be necessary to Ordinance No.8, Section 6.02 for
lot dimensions and setbacks. "Development Standards" have been submitted.
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CITY OF ANDOVER
COUNTYOFANOKA
STATE OF MINNESOTA
RES. NO. R -00
A RESOLUTION GRANTING THE SPECIAL USE PERMIT REQUEST OF 116, LLC
FOR A PLANNED UNIT DEVELOPMENT TO DEVELOP A COMMERCIAL
DEVELOPMENT CONSISTING OF 14 LOTS AND ONE COMMON AREA LOT TO
BE KNOWN AS THE SUBDIVISION OF "ANDOVER STATION II" ON THE
PROPERTY LEGALLY DESCRIBED BELOW.
WHEREAS, 116, LLC has requested a Special Use Permit for a Planned Unit
Development to develop a commercial development consisting of 1410ts and one
common area lot to be known as the subdivision of "Andover Station II" pursuant to
Ordinance No.8, Section 4.18, Planned Unit Developments and Ordinance No. 112, An
Ordinance regulating Planned Unit Developments on the property legally described as
follows:
J Lots 1-3, Block 1, Andover Station; and
WHEREAS, the City Council has reviewed the request and has determined that said
request meets the criteria of Ordinance No.8, Section 5.03, Special Uses. The Council
finds the proposed use will not be detrimental to the health, safety, morals and general
welfare of the occupants of the surrounding lands; and
WHEREAS, the City Council finds the request would not have a detrimental effect on
the property values and scenic views of the surrounding area; and
WHEREAS, the City Council finds the request meets the criteria of Ordinance No.8,
Section 4.18, Planned Unit Developments and Ordinance No. 112, An Ordinance
regulating Planned Unit Developments; and
WHEREAS, a public hearing was held before the Planning and Zoning Commission and
there was no opposition to the request; and
WHEREAS, the Planning and Zoning Commission recommended to the City Council
the approval of the Special Use Permit as requested.
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Page Two
Resolution
Special Use Permit - Planned Unit Development
Andover Station II - 116, LLC
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 will
allow 116, LLC to develop a Planned Unit Development on said property with the
following conditions:
1. All variances associated with the approval of the Special Use Permit for the Planned
Unit Development shall be approved with the approval of the preliminary plat in the
form of "Development Standards".
2. That the Special Use Permit shall be subject to a sunset clause as defined in Ordinance
No.8, Section 5.03(D).
3. The Special Use Permit shall be subject to annual review by Staff.
4. The Special Use Permit for the Planned Unit Development shall be contingent upon
the approval of the preliminary plat of Andover Station II. If the preliminary plat
application or request fails to be approved, in whole or in part, the special use permit
shall be considered null and void.
5. A property owners association shall be created with the following documents provided
to the City for review and approval by the City Council prior to being recorded with
the final plat in accordance with Ordinance No. 112:
a. Articles ofIncorporation
b. By-laws of the association
c. Declaration of covenants, conditions and restrictions regulating the properties,
maintenance of the common areas.
Adopted by the City Council of the City of Andover on this 5th day of Julv . 2000.
ATTEST CITY OF ANDOVER
Victoria V olk, City Clerk J.E. McKelvey, Mayor
J CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. R - 00
A RESOLUTION APPROVING THE PRELIMINARY PLAT OF THE PLANNED
UNIT DEVELOPMENT OF ANDOVER STATION II BY 116. LLC LOCATED IN
SECTION 34, TOWNSHIP 32, RANGE 24, ANOKA COUNTY, MINNESOTA.
WHEREAS, pursuant to published and mailed notice thereof, the Planning and
Zoning Commission has conducted a public hearing; and comments were favorable; and
WHEREAS, the Andover Review Committee has reviewed the preliminary plat;
and
WHEREAS, as a result of such public hearing, the Planning and Zoning
Commission recommends approval of the plat citing the following:
1. Approval of the Special Use Permit for the Planned Unit Development and meeting
the conditions set forth therein the resolution for approval.
2. The plat be contingent on staff review and approval for compliance with City
/ ordinances, policies and guidelines.
3. Approval of a final landscape plan.
4. A copy of all variances listed in the "Development Standards" shall become the only
listing of variances approved on the plat.
Adopted by the City Council of the City of Andover this 5th day of
Julv ,2000 .
CITY OF ANDOVER
ATTEST:
J.E. McKelvey, Mayor
Victoria Volk, City Clerk
DESIGN STANDARDS ANDOVER STATION PUD
LOT AREA PROPOSED GB - 20,000SF
Office Buildings 3,340 SF - 5,271 SF
Cinema 40,000 SF
Restau rant/Entertainment 25,000 SF
Restaurant 7,500 SF
Conference Center 23,000 SF
LOT WIDTH FRONT SETBACK PROPOSED GB-100'
Office Buildinas 90' 125' ,
Cinema 360'
Restaurant/Entertainment 150'
Restaurant 120'
Conference Center 180'
SIDE YARD SETBACK FROM STREET PROPOSED GB - 30'
Office Buildinas 45' - 72'
Cinema N/A
Restaurant/Entertainment N/A
Restaurant N/A
Conference Center 125'
SIDE YARD SETBACK FROM INTERIOR LOT LINE PROPOSED GB -10'
Office Buildings 7'.5 - 12'
Cinema 270'
Restaurant/Entertainment 270'
Restaurant 22'
Conference Center 45'
REAR YARD SETBACK PROPOSED GB - 40'
Office Buildinas Lot Box
Cinema Lot Box
Restaurant/Entertainment Lot Box
Restaurant Lot Box
Conference Center Lot Box
HEIGHT PROPOSED GB - 45'
Office Buildinas 20'
Cinema 41' - 6"
Restaurant/Entertainment 26'
Restaurant 20'
Conference Center 26'
DESIGN STANDARDS ANDOVER STATION PUD
LAND COVERAGE PROPOSED GB - 30%
Office Buildinas . 41,120 SF
Cinema 34,429 SF
Restaurant/Entertainment 22,493 SF
Restaurant . 6,400 SF
Conference Center 19,036 SF
TOTAL LAND COVERAGE 1124,460SF (13%)
LOT DEPTH PROPOSED
Office Buildinas 60' GB -150'
Cinema 210'
Restaurant/Entertainment 210'
Restaurant 100'
Conference Center 150'
FRONT YARD SETBACK PROPOSED GB -40'
Office Buildinas 71', 48', Lot Box
Cinema Lot Box
Restaurant/Entertainment Lot Box
Restaurant Lot Box
Conference Center 115'
TOTAL LAND AREA 958,320 SF
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CITY OF ANDOVER
REQUEST FOR CITY COUNCIL ACTION
DATE: Julv 5. 2000
AGENDA SECTION ORIGINATING DEPARTMENT
Discussion Community Development
AGENDA ITEM NO.
~. Approve Association Documents David L. Carlberg
. · PUD of Andover Station II Community Development Director
The City Councifis requested by 116, LLC to approve the association documents for the
Planned Unit Development of Andover Station II. The association documents can be
found in the front of your packet materials. The Association Documents are in the
process of being reviewed by Bill Hawkins, William G. Hawkins and Associates.
Approval by the Council should be contingent upon legal counsel review.
CITY OF ANDOVER
REQUEST FOR CITY COUNCIL ACTION
DATE: July 5. 2000
AGENDA SECTION ORIGINATING DEPARTMENT
Discussion Community Development
AGENDA ITEM NO.
4 Approve Final Landscape Plan David L. Carlberg
I PUD of Andover Station II Community Development Director
The City Council is requested by 116, LLC to approve the fmallandscape plan of the
Planned Unit Development of Andover Station II. The final landscape plan can be found
in the front of your packet materials.
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
/
DATE: Julv 5. 2000
AGENDA SECTION ORIGINATING DEPARTMENT
Discussion Community Development
ITEM NO. David 1. Carlberg
Approve Final Plat Community Development Director
6 Andover Station II
< · 116, LLC
The City Council is requested to approve the resolution approving the final plat of the Planned
Unit Development of Andover Station II. The final plat is found to be in compliance with the
preliminary plat. It is recommended that the final plat be approved subject to the stipulations
and conditions listed on the attached resolution. A copy of the final plat can be found in the
front of your packet materials.
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COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. R -00
MOTION by Councilmember to adopt the following:
A RESOLUTION APPROVING THE FINAL PLAT OF THE PLANNED UNIT
DEVELOPMENT OF ANDOVER STATION II, AS BEING DEVELOPED BY THE
116. LLC, IN SECTION 34-32-24, Anoka County, Minnesota.
WHEREAS, the City Council approved the preliminary plat of the
Development of Andover Station II ; and
WHEREAS, the Developer has presented the final plat of Andover
Station II: and
WHEREAS, the City Engineer has reviewed such plat for conformance
with the preliminary plat; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Andover to hereby approve the final plat of Andover Station II contingent upon
receipt of the following:
1. The City Attorney presenting a favorable opinion.
2. Contingent on staff review and approval for compliance with City ordinances,
polices & guidelines.
3. The approval of the association documents and covenants by the City and
, the recording of said documents with the final plat.
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Adopted by the City Council of the City of Andover this ...ill!L day of Julv ,
20~.
CITY OF ANDOVER
ATTEST:
J.E. McKelvey - Mayor
Victoria Volk - City Clerk
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE: luly 5. 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
Rear Yard Setback
14267 Round Lake Blvd.
lo. Lorraine Tressel
Request
,
, The City Council is asked to review the request of Lorraine Tressel to vary 3.6 feet from
the 40-foot front yard setback from a major arterial provision and 3.0 feet from the rear
yard setback provision of Ordinance 8, Section 6.02. The deficiency was discovered
upon a property survey conducted as part of a lot split approved on April 4, 2000.
The property is zoned R-4, Single Family Urban.
Plannin~ 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 potential need for a variance was
acknowledged by the Planning Commission during review of the lot split. The
Commission recommended waiving further review if a variance was needed for the
existing home. The variance is needed to execute the lot split.
Applicable Ordinances
Ordinance No.8, Section 6.02, establishes a 40-foot minimum front yard setback from a
major arterial in the R-4, Single Family Urban district.
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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.
Staff Review
. The existing home was constructed in 1953, pre-dating the Zoning Ordinance and
expansion of Round Lake Boulevard.
. Similar variances have been granted to non-conforming structures resulting from right-
of-way expansion in the past, as long as the right-of-way setback is not minimized.
. The acquisition of right-of-way for the Round Lake Blvd by Anoka County and
construction of the home before adopted setbacks 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.
Attachments
. Resolution for approval
. Area Location Map
. Lot Survey
. Copy of Variance Application
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. R -00
A RESOLUTION APPROVING THE VARIANCE REQUEST LORRAINE TRESSEL
TO VARY FROM THE FRONT YARD SETBACK FROM A MAJOR ARTERIAL,
AND REAR YARD SETBACK PROVISIONS OF ORDINANCE 8, SECTION 6.02 ON
PROPERTY LOCATED AT 14267 ROUND LAKE BLVD NW (PIN 29-32-24-43-
0002).
WHEREAS, Lorraine Tressel has petitioned to vary 3.6 feet from the 40-foot
front yard setback from a major arterial, and 3.0 feet from the 30 foot rear yard
setback provision of Ordinance 8, Section 6.02 for property located at 14267
Round Lake Blvd. NW (PIN 29-32-24-43-0002) legally described as follows:
That part of the Southwest y. ofthe Southeast Y. of Section 29, Township 32, Range 24,
Anoka County, Minnesota described as follows: Beginning at the intersection of the
centerline of CSAH No.9 (AKA Round Lake Blvd NW) and the north line of said
quarter quarter; thence south along said centerline 165 feet; thence east parallel with said
/ north line 264 feet; thence north parallel with said centerline to said north line; thence
west along said north line to the point of beginning; except the east 80 feet thereof;
except road subject to easements of record.
WHEREAS, the City Council finds construction ofthe home prior to the adoption of the
Zoning Ordinance, right-of-way acquisition by Anoka County for Round Lake
Boulevard, and no further encroachment into the minimum setback distance 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 5th day of July 2000.
CITY OF ANDOVER
ATTEST: I.E. McKelvey, Mayor
Victoria V olk, City Clerk
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'I ~ City of 14267 Round Lake Blvd
: Andover Lot Split
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE: July 5. 2000
AGENDA SECTION ORIGINATING DEPARTMENT
Staff, Committees and Commissions Planning
ITEM NO.
Appoint Residents Jeff Johnson, Zoning Administrator
Equestrian Council
I.
Please find attached six (6) applications that were received by Staff to volunteer and serve on the
Equestrian Council. An advertisement was published in the May and June City Newsletter to
solicit volunteers.
As you are aware, according to Ordinance No. 207, the Equestrian Council is made up of seven
(7) members whom are residents of the City. Please review the applications and appoint as
needed.
Equestrian Council Applicants
Carol Almeida
Connie Erickson
Janie Hemmelgarn
Gerri Kuechle
Jim Olson
Sharon Orstad
/
CITY of,ANDOVER
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304 0 (612) 755-5100
ADVISORY COMMISSION APPLICATION
Name: (1 ~d~.'j
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Address: .'? L/Q'(tO--"'..!5}nAl-O . j]JA~iU U)
Home Phone;L/3 t.(~\ 3D' ~ '
.. , Commission Preference: .
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. " Econo~c Development.
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Please state' your reasons for requesting to be on the advisory: co~ssion c~e~ked 'above:> _ .' '. '.~.. / -. .' , " . .
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- Describe your professional, civic or community activities which may be relevant to this
cOi4~: l~~~r:/LC~J; d~~' 'of-
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, Dated: f!:"'/O-OQ ~tA~ 7~ ~~/L-
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Signature
-
CITY of ANDOVER RECEiVED
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..
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304IlA'r1~ OS~MeO
.
CiTY OFANDOVER
Name: . r .
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Planning 8L Zoning . Charter ,Commission .
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. , . . Please state y~ur reasoIlS for i"7Quest'ing to be. on ~e : advisorY co~ssion c~eck7~"~~o\'e~:,. - d ":. .!.~":! '. ,'., ." .
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Signature (
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\ CITY of ANDOVER
)
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (612) 755-5100
JUN '1 6 2000
ADVISORY COMMISSION APPLICATION
_- CITY OF ANDOVER
Name: ~\:~'~ ~'~: 0 \ ~~"
Address: D' l_ . ~ 0' '-Q. [, J \ 'jJ
,WorkPhon~:.L\~\ :s \\Cy.
,
Planning & Zoning
,. .:
',' "Econom~c Deveiopment ,
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.,-Eq~~Stri~ CO~Ci{.'.:<'~~' .
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. ' Please state' your reasoris for requesting to be on the advisory-commission c~e~ked-3;bove:;.:.. '.:. I>,' :."
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'::. DescrIbe your 'educatloril dpenencewmch'qu'alifies yciuiose~e dn this"coqurUSsion: -;' :~> ;:'> - _ -." ":': - :
., ..... f' ~~..." ,i',~;d~'~~:"~"~~"+\~~,D ....... .
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commISSIOn:
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"- RECEIVED'
} CITY of ANDOVER
16~5 CROSSTOWN BOULEVARD N.W. 0 ANDOVER. MINNESOTA ij?\~4 e21Ei22t'75.5-5100
Name:
."
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: . '.
. Planning & Zomng
. . Econo~c Development .
. ...
public SafetyCommitt~e'.. ." '. .
E4~estri~ co~cil'.'~,~':"0..'. :.'
.. .
. . Park & Recreation .'
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. Describe your professional, civic or cormnunityactivities whichmay be relevant to tlris .
CO=:i"iO"'~lltV~ -".,diJafi(LfHt(J,0 ~ W@f2R4f1M
WI#7tJJl~~~I/d/A)I/-i~P~ .... .
I . Dated: .... 0/1rf;/!JO sj:iLJ;i~
-
RECEIVED
) CITY of-ANDOVER .ll^Y 1 ??nnn
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304 . (612) 755-5100
'.' ........ ". CITY OF ANDOVER
ADVISORY COMMISSION APPLICATION.. . . .
Name: tJUthV
Address: .WeR^!
Home Phone:
, - Park & Recreation .._
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. Please state' youneasons for requesting to be. on th.eadvisorY:commissionchecked:'above:'~.::'''': i.,: t:'./ :;.. ~"'..
. < C,,~ko./r'- (t:Jk>.?Re-;",oo..s') ....fle-H~;i::..::.>..:t:!Jj:::...<... ::.,:~:. >.'
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commission: . . . . . ..' )
.'l'1eh..a-c..-A4JrlA . HtP#;e,,4 (AI.sr~..
./
) Dated, 5///~O . ~. .
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- .
" CITY of ' ANDOVER
)
168S CROSSTOWN BOULEVARD N.W. · ANDOVER, MINNESOTA 1=f~~~1'\f~0
. .
2'.'" ADVI. SOR. Y CO.MMISSION APPLICATION .
: ,-. . (r\ . + . " e MAY 12 2000
Name: 0 '. l1u ro Y\ '/r<(~tt:..
Address: /(p 03 V('rr l'i.c.>-/-c:;r:-'..}",'. CITY OF ANDOVER
Home Phone: "
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. . Economic Development.' o'
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public Safety Commi~~e" '. " . ,. . . .
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.,' '.. .... .' Please state' your reasons for requestirig tQ be bn theadvisorYcommissionc.\iec1ced.'a~ove:~.:>:J>.;;' /:;;~<"
'. ,~ .' - " : .- . :.:,.....--. '-,; ~..,:..- . .:..,~ :. '..:., ..":," . . "-'. ~,,: ',.,' :. . . .~.:<. ': ;-" ;-"'-' .>~:::,~. ':: ::.~: _.'.~ '/: :::'.:,:'; '~" .-. , ~_. ....... ~ . . .' '-:;-:::-' - ~.-. :'>'-~ .~..
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'. , :.. Describe' your 'educati~tile;q;~rienc~ which q~aiifi,~~ ;611 to se~~son thi~~si9~: :-': :;;. ,~:" '.
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/ Dated: -;;);/),C<-y / ~ ~ DOl) " '--I " /{, /LA....-tf,...) Sc t\ '-...A~.; . .
_ I --0' Signature [/......... . /
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE: Julv 5. 2000
AGENDA SECTION ORIGINATING DEPARTMENT
Staff, Committee, Commission Community Development
ITEM NO.
Schedule Work Session David L. Carlberg
~ Communal Septic Presentation Community Development Director
, and Discussion
The City Council is requested to schedule a joint work session with the Planning and Zoning
Commission on Tuesday, August 8, 2000 at 6:00 p.m. for a presentation by Ken Olson,
Extension Educator, Minnesota Extension Service on communal septics and cluster
developments.
/
CITY OF ANDOVER
REQUESr FORCOUNCILACTION
DATE: .llly 5, ?nnn
AGENDA SECTION ORlGINA TING DEPARTMENT
Staff, Committees, Commissions Administration
Richard Fursnan
IT8VI NO.
Ct Youth 1 S: Appointment
Rli"QTTli"~T'
The City council is requested to consider making an appointment to the Anoka County Community
Consortium; or authorizing an advertisement for persons interested in serving on the City's behalf. Julie
Jolmson has resigned her position with the consortium, leaving a vacancy on the board. Mark Hellmann
is the other member representing the City. He is pastor at Grace Lutheran Church.
Basic Facts about Northwestern Anoka County Community Consortium
. Was started in 1996 as an effort to get communities to focus on youth
. Involves Anoka County, Ramsey, Anoka, Andover, School district 11
. Governed by a joint powers agreement adopted in 1998
. Each City has two representatives to the board and one alternate
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE: luly 5.2000
AGENDA SECTION ORIGINATING DEPARTMENT
Non-Discussion Item Planning
ITEM NO. John Hinzman,
Lot Split 00-08 City Planner
3640 152nd Lane NW
\0. Gerald and Carol Windschid
Request
The City Council is asked to approve the lot split request of Gerald and Carol Windschitl
to split the western +/- 4.42 acres from a +/-7.76 acre parcel. The remaining parcel
would be approximately 3.34 acres. The property is located at 3640 152nd Lane NW and
is adjacent to Round Lake, a general development lake (PIN 20-32-24-31-0018).
The property is zoned R-l, Single Family Rural.
Plannin~ and Zonin~ Commission Review
The Planning and Zoning Commission voted 5-0 (2 absent) to recommend approval of
the request at the June 13,2000 meeting with limited discussion. Please see the attached
minutes and staff report for more information.
Attachments
. Resolution for Approval
. Planning and Zoning Staff Minutes - June 13,2000
. Planning and Zoning Staff Report - June 13,2000
/
,
,
CITY OF ANDOVER
COUNTYOFANOKA
STATE OF MINNESOTA
RES. NO. R -00
A RESOLUTION GRANTING THE LOT SPLIT REQUEST OF GERALD AND
CAROL WINDSCHITL ON PROPERTY LOCATED AT 3640 152ND LAND NW (pIN
20-32-24-31-0018).
WHEREAS, Gerald and Carol Windschitl have requested to split the western +/- 4.42
acres from a +/- 7.76 acre parcel pursuant to ordinance No. 40 located at 3640 152nd Lane
NW, legally described follows:
Lot 1, Block 1, LAKESIDE ESTATES, Anoka County, Minnesota
I AND
That part of Government Lot 2, Section 20, Township 32, Range 24, Anoka
County, Minnesota not platted as LAKESIDE ESTATES, except the following
described parcel: Commencing at the southwest comer of said Government Lot 2;
thence North 89 degrees 42 minutes 33 seconds East, assumed bearing along the
south of said Government Lot 2, a distance of 106.00 feet to the point of
beginning; thence North 00 degrees 04 minutes 05 seconds West parallel with the
west line of said Government Lot 2, a distance of 530.00 feet; thence North 89
degrees 42 minutes 33 seconds East to the intersection with the west line of Lot 1,
Block 1, LAKESIDE ESTATES; thence south along the west line of said Lot 1 to
the south line of said Government Lot 2; thence west along said south line to the
point of beginning; except roads subject to easements of record.
WHEREAS, the Planning and Zoning Commission has reviewed the request and has
determined that said request meets the criteria of Ordinance No.8 and 40; 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
1 WHEREAS, the Planning and Zoning Commission recommends to the City Council
approval of the lot split as 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
approves the lot split on said property with the following conditions:
1) That the lot split be subject to a sunset clause as defined in Ordinance No. 40,
Section III(E).
2) Confirmation of build ability for the split lot by the Building Official.
Adopted by the City Council of the City of Andover on this 5th day of July, 2000.
CITY OF ANDOVER
ATTEST: lE. McKelvey, Mayor
/
Victoria V olk, City Clerk
Regular Andover Planning and Zoning Commission Meeting
Minutes - June 13, 2000
Page !:'/""--""'.
\
Motion by Danin seconded by Kirchoff, to forward to the City Council a
recommendation to app e Resolution No. R_-OO granting approval of the
preliminary plat ofthe planne 't development of Andover Station II by 116, LLC
located in Section 34, Township 32, e 24, Anoka County, Minnesota. Motion
carried on as-ayes, O-nay, 2-absent vote.
Acting Chair Hedin stated that this item would be conside
Council meeting.
-~......~....
PUBLIC HEARING: LOT SPLIT (LS 00-08) - SPLIT +/- 4.42 ACRES FROM A +/-
7. 76 ACRE PARCEL - 3640 152ND LANE NW - GERALD AND CAROL
WINDSCHITL.
City Planner John Hinzman presented the request of a lot split at 3640 1 52nd Lane NW.
He stated that the applicant is requesting to split the western +/- 4.42 acres from a +/-
7.76 acre parcel, leaving the remaining parcel to consist of approximately 3.34 acres. He
mentioned that all applicable ordinances will be required to be met by the applicant.
Mr. Hinzman stated that access to both parcels would be via l52nd Lane NW. The
property abuts Round Lake and is subject to Ordinance 108, Shoreland Ordinance
, requirements. It was mentioned that the Building Official has indicated that buildability
I is Wlcertain.
Mr. Hinzman also stated that both lots exceed minimum size and setback requirements of
Ordinance 8, Section 6.02 and Ordinance 108, Section 5.1. He mentioned that since the
park dedication fees were taken out during the original plat of Lakeside Estates,
Ordinance 40, Section 5B prohibits assessment of additional fees.
Commissioner Daninger questioned that if the land is not buildable, then is it possible to
split the land.
Commissioner Kirchoff questioned what the length of time is for the SWlset clause. Mr..
Hinzman stated that if significant progress isn't made within a year then it becomes null
and void.
Motion by Daninger, seconded by Falk, to open the public hearing at 7:24 p.m. Motion
carried on as-ayes, O-nay, 2-absent vote.
There was no public input.
Motion by Apel, seconded by Daninger, to close the public hearing at 7:25 p.m. Motion
carried on a 5-ayes, O-nay, 2-absent vote.
,..
/
/
/ Regular Andover Planning and Zoning Commission Meeting
/
Minutes - June 13, 2000
I Page 5
r-."
IJ~ Motion by Kirchoff, seconded by Falk, to forward to the City Council a recommendation
to approve Resolution No. R_-OO granting the lot split request of Gerald and Carol
Windschitl on the property located at 3640 l52Dd Land NW, subject to the following
conditions:
1. That the lot split be subject to a sunset clause as defined in Ordinance No. 40, Section
III(E).
2. Confirmation of buildability for the split lot by the Building Official.
Motion carried on a 5-ayes, O-nay, 2-absent vote.
Acting Chair Hedin stated tllat this item would be considered at the July 5, 2000 City
Council meeting.
VARIANCE: VARIANCE 00-13 - ORDINANCE 8, SECTION 4.03
MODIFICATIOl:1S TO A NONCONFORMING STRUCTURE 7151 TULIP
STREET NW - JASON LARSEN.
Zoning Administrator Jeff Johnson presented the re st of a variance at 17151 Tulip
Street NW. He stated that the applicant is reques g a variance to allow for an addition
to an existing non-conforming single family e on a non-conforming lot. He
mentioned tllat the property is zoned R-l, "ngle Family Rural and is 1.5 acres in size.
Mr. Jolmson stated that the single f; ily home was constructed in 1910 and is a
rambler/crawl space style home. e explained that the applicant is requesting to remove
a majority of the existing non- onforming principal structure and instead construct a 434
square foot addition. The d result would be a 1300 square foot home. He stated tl'lat
the entire existing non-c orming attached garage, which is 384 square feet, will be
removed and be repla d with a minimum 440 square foot attached garage.
Mr. Johnson sta a. that the applicant was not present.
er Daninger questioned if the applicant had any intent in coming to the
Chair Hedin questioned if the applicant is aware of the recommendation staff is
m' g to the commission. Mr. Johnson stated that the applicant is aware of staffs
r commendation.
Commissioner Falk questioned if staff informs the applicant in the beginning whether or
not staff recommends denial or approval of the application. Mr. Johnson stated that staff
J does inform them of the recommendation, but also explains the proper procedure in that
the Council has the final say.
CITY OF ANDOVER
REQUEST FOR PLANNING COMMISSION ACTION
DATE: June 13,2000
ITEM NO. 6 ORIGINATING DEPARTMENT
Public Hearing: Lot Split 00-08 Planning
3640 152ND Lane NW
Gerald and Carol Windschitl John Hinzman
City Planner
Request
The Planning and Zoning Commission is asked to review the lot split request of
Gerald and Carol Windschitl to split the western +/- 4.42 acres from a +/-7.76 acre
parcel. The remaining parcel would be approximately 3.34 acres. The property is located
at 3640 152nd Lane NW and is adjacent to Round Lake, a general development lake (PIN
20-32-24-31-0018).
The property is zoned R-l, Single Family Rural.
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 minimwn requirements for a platted lot in the applicable zoning district.
Ordinance 40, Section 5B states if no park fees were assessed or land dedicated during
the original plat, the Council may assess a fee set by resolution ($1,300.00 park
dedication and $350 trail fee) for each lot created.
Ordinance 8, Section 6.02 establishes the provision for rninimwn lot width, lot depth and
lot area for zoning districts. The minimwn requirements in the R-l district are as
follows:
. Lot Width at Front Setback -- 300 feet
. Lot Depth -- 150 feet
. Lot Area per Dwelling -- 2.5 acres
Lot Split 00-08 - Windschitl June 16,2000 Planning and Zoning Staff Report
3640 152nd Lane NW Page 2
Ordinance 108 (Shoreland), Section 5.1 identifies Round Lake as a general development
lake and stipulates the following setbacks for unsewered riparian properties:
. Lot Area -- 20,000 s.f.
. Lot Width -- 100 feet
. Structures from Ordinary High Water Level -- 75 feet
. Sewage Treatment System from OHWL -- 50 feet
Lot Split Review
. Access to both parcels would be via 152nd Lane NW
. The property abuts Round Lake and is subject to Ordinance 108, Shoreland Ordinance
requirements.
. The Building Official has indicated buildability is uncertain.
. Both lots exceed minimum size and setback requirements of Ordinance 8, Section 6.02,
and Ordinance 108, Section 5.1.
. Since park dedication fees were taken during the original plat of Lakeside Estates,
Ordinance 40, Section 5B prohibits assessment of additional fees.
Commission Options
/ The Planning and Zoning Commission may recommend one of the following options:
1) Recommend approval of the Lot Split, finding it meet the requirements of
Ordinance 40.
2) Recommend denial of the Lot Split request, finding it does not meet the
requirements of Ordinance 40. In recommending denial of the request, the
Commission shall state those reasons for doing so.
3) Table the request pending further information.
Recommendation
Staff recommends approval of the lot
Attachments
. Resolution for Approval
. Location Map
. Survey
. Site Pictures
. Application for Lot Split
. Notice of Public Hearing
~ City of Lot Split - 3640 152nd Lane
Andover Gerald and Carol Windschitl
3731 3701 3661
15331
153RD LN
3700 36llO
3420
3540 3510
3
3421
3420
LEGEND
o 350' Mailing Boundary
_ Properties Notified N
N Subject Property Sources:
A. Andover Planning
Andover GIS
Site Location Anoka County GIS
3640 152nd Lane NW
j
Looking East From Split Parcel Towards Existing Home
I
Thatpart ofGovemment Lot 2, Section 20; Township 32,~ge 24, Anoh
County, Mirulesotanot platted as LAKESIDE ESTATES, except the following
.. described parcel: Commencing at the s()uthwest comer of said Govemmel1t 1.ot 2;
thence North 89 degrees 42 minutes 33 seconds East, assumed bearing along the
southofs~idGoyernmentLot 2, adisdnce ofl06:00 feettothepoihtof'.
beginning; thence North 00 degrees 04 minutes 05 seconds West paralleLwith the
west line .0fsaidGovernment Lot2, a distance of 530.00 fe~t; thence North 89
. degrees42 minutes 33seconds East to the intersection with the west lim;:of~ot1,
Block 1, LAKESIDE ESTATES; thence southalongthewestline of said Lot: 1 to
the south line of said GoveinillentLot 2; thence westalong.sai.dsouthlineto the
point of beginning; except roads subject toeasement~ofrecord. .
PIN 203224310016.0 PIN 203224310009.0 PIN 203224310008.0
SCHNABL TROY L & LINDA J BOlE STEVEN L & SHANNON WARD JOHN R & KAREN D
OR CURRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT
5 152ND LN 15288 TULIP ST 15266 TULIP ST
AdDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304
PIN 203224310017.0 PIN 203224310004.0 PIN 203224420007.0
WINDSCHITL GERALD G II & FAY A BALFANY RANDY L NELSON THEODORE B & MARGE A
OR CURRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT
3745 152ND LN 3629 152ND LN 3541 152ND LN
ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304
PIN 203224420006.0 PIN 203224310005.0 PIN 203224420008.0
LAIDLAW CURT W & SANDRA K WOODARD MARK C & SUSANNA L WHITEHEAD JAMES K
OR CURRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT
3511 152ND LN 3720 152ND LN 3540 152ND LN
ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304
PIN 203224420009.0 PIN 203224310018.0
ABERNATHY MICHAEL R & KA YE WINDSCHITL GERALD G & CAROL
OR CURRENT RESIDEN,T OR CURRENT RESIDENT
3510 152ND LN 3640 152ND LN
ANDOVER, MN 55304 ANDOVER, MN 55304
I
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
,
DATE: July 5. 2000
AGENDA SECTION ORIGINATING DEPARTMENT
Non-Discussion Planning
ITEM NO.
Deny Variance (Non-Conforming Structure) Jeff Johnson, Zoning Administrator
Jason Larsen
17151 Tulip Street NW
\\.
Request
The City Council is asked to review and deny the variance request of Jason Larsen to allow for
an 434 square foot addition to an existing non-conforming single family home on a non-
conforming lot located at 17151 Tulip Street NW.
The property is zoned R-l, Single Family Rural (2.5 acre minimum lot size) and is 1.5 acres in
/ size. No street frontage is present.
The single family home was constructed in 1910 and is a rambler/crawl space style home. The
size of the home is 866 square feet. The minimum house dwelling size as stated in Ordinance
No.8, Section 6.02 is 960 square feet.
Planning and Zoning Commission Recommendation
The Planning and Zoning Commission met on June 13,2000 and recommends to the City
Council that the request be denied (unanimous vote).
The home is in substandard condition and according to the Building Official can be remodeled
and improved without expanding the original size of the structure.
A copy of the Staff report, meeting minutes and resolution are attached for your review.
.
CITY OF ANDOVER
/ COUNTY OF ANOKA
STATE OF MINNESOTA
RESOLUTION NO. 089-00
A RESOLUTION DENYING THE VARIANCE REQUEST OF JASON LARSEN TO
ORDINANCE NO.8, SECTION 4.03 TO ALLOW FOR THE CONSTRUCTION OF
AN ADDITION TO A NON-CONFORMING PRINCIPAL STRUCTURE ON A NON-
CONFORMING LOT LOCATED AT 17151 TULIP STREET NW, LEGALLY
DESCRIBED AS FOLLOWS:
The S 300 feet of the N 994 feet of the E 217 feet of the W 752 feet of the NW Yo of
NE Yo of Section 8, Township 32, Range 24 (as measured along north and west lines
thereot); subject to easements ofrecord.
WHEREAS, Jason Larsen has requested a variance to Ordinance No.8, Section
4.03 to allow for the construction of an addition to a non-conforming principal structure
on a non-conforming lot located at 17151 Tulip Street NW Prairie Road NW, legally
described above.
/ WHEREAS, the Planning and Zoning Commission has reviewed the request and
has determined that said does not meets the criteria of Ordinance No.8, Section 5.04; and
WHEREAS, the Planning and Zoning Commission recommends to the City
Council denial 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 denies the variance requested by Jason Larsen to
Ordinance No.8, Section 4.03 to allow for the construction of an addition to a non-
conforming single family home on a non-conforming lot located at 17151 Tulip Street d
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 1. E. McKelvey, Mayor
Regular Andover Planning and Zoning Commission Meeting
Minutes - June 13, 2000
. Page 5
Motion by Kirchoff, seconded by Falk, to forward to the City Council a recommendation
to approve Resolution No. R_-OO granting the lot split request of Gerald and Carol
Windschitl on the property located at 3640 l52Dd Land NW, subject to the following
conditions:
1. That the lot split be subject to a sunset clause as defined in Ordinance No. 40, Section
III(E).
2. Confirmation of build ability for the split lot by the Building Official.
Motion carried on a 5-ayes, O-nay, 2-absent vote.
Acting Chair Hedin stated that this item would be considered at the July 5, 2000 City
Council meeting.
VARIANCE: VARIANCE 00-13 - ORDINANCE 8, SECTION 4.03, -
MODIFICATIOJIIS TO A NONCONFORMING STRUCTURE -17151 TULIP
STREET NW - JASON LARSEN.
Zoning Administrator Jeff Johnson presented the request of a variance at 17151 Tulip
Street NW. He stated that the applicant is requesting a variance to allow for an addition
/ to an existing non-conforming single family home on a non-conforming lot. He
mentioned that the property is zoned R-1, Single Family Rural and is 1.5 acres in size.
Mr. Johnson stated that the single family home was constructed in 1910 and is a
rambler/crawl space style home. He explained that the applicant is requesting to remove
a majority of the existing non-conforming principal structure and instead construct a 434
square foot addition. The end result would be a 1300 square foot home. He stated that
the entire existing non-conforming attached garage, which is 384 square feet, will be
removed and be replaced with a minimum 440 square foot attached garage.
Mr. Jolmson stated that the applicant was not present.
Commissioner Daninger questioned if the applicant had any intent in coming to the
meeting.
Acting Chair Hedin questioned if the applicant is aware of the recommendation staff is
making to the commission. Mr. Jolmson stated that the applicant is aware of staff s
recommendation.
Commissioner F alk questioned if staff informs the applicant in the begimling whether or
not staff recommends denial or approval of the application. Mr. Johnson stated that staff
does inform them of the recommendation, but also explains the proper procedure in that
the Council has the final say.
Regular Andover Planning and Zoning Commission Meeting
Minutes -June 13, 2000
Page 6
Commissioner Falk questioned if the City has very many non-conforming sites within the
City limits. Mr. Johnson stated that non-conforming sites do exist around the City.
Mr. Hinzman mentioned that staff is willing to work with the applicant to bring it up to
standards, but that Ordinance 8, prohibits expansion of a non-conforming use.
Mr. Johnson stated that there is property to the west that he could obtain. He mentioned
that he has suggested it to the applicant to check into it as a possibility.
Motion by Kirchoff, seconded by Apel, to forward to the City Council a recommendation
to approve Resolution No. 089-00 denying the variance request of Jason Larsen to
Ordinance No.8, Section 4.03 to allow for the construction of an addition to a non-
conforming principal structure on a non-conforming lot located at 17151 Tulip Street
NW. Motion carried on a 5-ayes, O-nay, 2-absent vote.
Acting Chair Hedin stated that this item would be considered at the July 5, 2000 City
Council meeting.
/ VARIANCE: VARIANCE 00-14 - ORlJINANCE 8, SECTION 6.02 - SIDEYARD
SETBACK -13659 XA VIS STREET NW - THOMAS AND KELLY MATTSON.
Planing Intern Dan Taylor presented the variance request from Kelly Mattson to allow for
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 13659 Xavis Street NW. He
mentioned that all applicable ordinances will be required to be met by the applicant.
Mr. Taylor stated 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.
He mentioned that 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 the distance between the building and the lot line.
Mr. Taylor stated the distance between the building and the lot line. He also mentioned
that the deck will extend 7 feet, and the canopy will extend out 2 feet.
Motion by Daninger, seconded by Apel, to forward to the City Council a
reconm1endation to approve Resolution No. _ granting the variance request of Kelly
Mattson to Ordinance 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 13659
Xavis Street NW. Motion carried on a 5-ayes, O-nay, 2-absent vote.
.
,.
CITY OF ANDOVER
REQUEST FOR PLANNING COMMISSION ACTION
June 13, 2000
DATE
AGENDA ITEM ORIGINA TING DEPARTMENT APPROVED FOR
1. Variance - Non-Conforming AGENDA
17151 Tulip Street NW Planning
Jason Larsen Jeff Johnson
BY: BY:
REQUEST
The Planning and Zoning Commission is asked to review the variance request of Jason
Larsen to allow for an addition to an existing non-conforming single family home on a
non-conforming lot located at 17151 Tulip Street NW, legally described as follows:
The S 300 feet of the N 994 feet of the E 217 feet of the W 752 feet of the NW 'li of
NE 'li of Section 8, Township 32, Range 24 (as measured along north and west lines
thereof); subject to easements of record.
J
The property is zoned R-l, Single Family Rural (2.5 acre minimum lot size) and is 1.5
acres' in size. No street frontage is present on the lot.
APPLICABLE ORDINANCES
Ordinance No.8. Section 4.03 - Non Conforminl! Lots and 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. Structure alterations may be made to improve the .
livability of the dwelling, provided that the structure is not increased in size or bulk.
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
difficulties must have to do with the characteristics of the land and not the property
owner.
,
~
Page Two
j Variance - Jason Larsen (17151 Tulip Street NW)
GENERALBACKGOUND
The single family home was constructed in 1910 and is a rambler/crawl space style home.
The applicant is requesting to remove a majority of the existing non-conforming principal
structure (866 square feet) and remodel and construct an 434 square foot addition. The
end result would be a 1300 square foot home. The entire existing non-conforming
attached garage which is 384 square feet will be removed and be replaced with a
minimum 440 square foot attached garage.
According to the applicant, the structure is in sub-standard condition and in need of
reparrs.
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.
STAFF RECOMMENDATION
Staff recommends to the Planning and Zoning Commission the variance be denied.
According to the City Building Official, the applicant should be able to remodel the
existing non-conforming home without expanding its size.
A resolution is attached for your review.
/
( Location Map ]
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, V ARlANCE 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. Ifthe 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 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.
, - ....... - ....... ...-...... ~ - ....... .... - -
--- LArseN
NameofApplicant~ ASO'\
Address _I / f S- ( tuLip ~r A/V 4rJ~r<..
Home Phone 7S 3 07~7 Business Phone 61). ~ J 0 9S J Fax 0l-13 O~O
Signa~d:?~ Date 5-/7-00
........ ......... ....... ........... ........
Property Owner (Fee Owner)
(If different from above)
Address
Home Phone Business Phone Fax
Signature Date
/
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
Other Requests
Date Paid ~ f)' h(j\J1.) Receipt # G 2~Yr
/
.
I
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 staffwill conduct an on site inspection which includes taking pictures of the
property for the Planning and Zoning meeting.
. A staff report is prepared on t.lJ.e 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 tile 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
I 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 Recorders' Office.
revised 10/29/99 g:/datalstaff/rnbarnettlvariance.doc
3/20/00
,
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE July 5, 2000
AGENDA SECTION ORIGINATING DEPARTMENT APPROVED
r-.o. FOR AGENDA
ITEM
r-.o. Variance - Construct Deck Dan Taylor BY:
Encroaching into Sideyard Setback Planning Intern
13659 Xavis St. NW
\~. Kelly Mattson
Request
The City Council is asked to review and approve the variance request of Kelly Mattson
(13659 Xavis St. NW) to construct a deck that will encroach three (3) feet into a (10) foot
side yard setback.
,
, / The Planning and Zoning Commission Review
The Planning and Zoning Commission voted 5-0 (2 absent) to recommend approval of
the request at the June 13,2000 meeting with limited discussion. Please see the attached
minutes and staff report for more information.
Attachments
. Resolution for approval
. Planning and Zoning Staff Minutes - June 13,2000
. Planning and Zoning Staff Report - June 13,2000
,
, )
MOTION BY: SECOND BY:
CITY OF ANDOVER
COUNTYOFANOKA
STATE OF MINNESOTA
RESOLUTION NO. -
A RESOLUTION GRANTING THE V ARlANCE REQUEST OF KELLY MA TISON
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 13659 XA VIS ST. NW, LEGALLY DESCRIBED AS LOT 12, BLOCK
1, HIDDEN CREEK 2ND ADDITION.
WHEREAS, Kelly Mattson has requested a variance to Ordinance No.8, Section
6.02 which requires a ten (10) foot sideyard setback from the interior lot line 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 13659 Xavis St. NW, legally described as Lot
12, Block 1, Hidden Creek 2nd Addition.
/
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 Kelly Mattson 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 13659 Xavis St. NW, legally
described above.
Adopted by the City Council of the City of Andover on this ~ day of July, 2000.
A TIEST: CITY OF ANDOVER
Victoria V olk, City Clerk J. E. McKelvey, Mayor
Regular Andover Planning and Zoning Commission Meeting
Minutes - June 13, 2000
Page 6
Commissioner Faile questioned if the City has very many non-conforming sites
City limits. MI. Johnson stated that non-conforming sites do exist aro e City.
MI. Hinzman mentioned that staff is willing to work with th plicant to bring it up to
standards, but that Ordinance 8, prohibits expansion 0 on-conforming use.
Mr. Johnson stated that there is property to west that he could obtain. He mentioned
that he has suggested it to the ap7t check into it as a possibility.
Motion by Kirchoff, seconded.J:)y Apel, to forward to the City Council a recommendation
to approve Resolution 2-'089-00 denying the variance request of Jason Larsen to
Ordinance No.8, Secn n 4.03 to allow for the construction of an addition to a non-
conforming ~iil structure on a non-conforming lot located at 17151 Tulip Street
NW. Motio arried on a 5-ayes, O-nay, 2-absent vote.
~ Hedin ""00 that this item would be COD'idered "the July 5, 2000 City
ell meeting.
VARIANCE: VARIANCE 00-14 - ORDINANCE 8, SECTION 6.02 -SIDEYARD
SETBACK -13659 XA VIS STREET NW - THOMAS AND KELLY MATTSON.
Planing Intern Dan Taylor presented the variance request from Kelly Mattson to allow for
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 13659 Xavis Street NW. He
mentioned that all applicable ordinances win be required to be met by the applicant.
WIT. Taylor stated that similar variances have been granted in the past for decb that have
encroached up to three feet into the ten foot sideyard setback from the interior lot line.
He mentioned that 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 the distance between the building and the lot line.
Mr. Taylor stated the distance between the building and the lot line. He also mentioned
that the deck will extend 7 feet, and the canopy will extend out 2 feet.
Motion by Daninger, seconded by Apel, to forward to the City Council a
recommendation to approve Resolution No. _ granting the variance request of Kelly .
Mattson to Ordinance 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 13659
Xavis Street NW. Motion carried on a 5-ayes, O-nay, 2-absent vote.
I
I
I
CITY OF ANDOVER
/
REQUEST FOR PLANNING COMMISSION AcnON
June 13, 2000 .
DATE
AGENDA ITEM ORIGINATING DEPARTMENT APPROVED FOR
8. Variance - Construct Deck AGENDA
Encroaching into Sideyard Setbac Planning Intern
13659 Xavis St. NW Dan Taylor
Kelly Mattson BY: BY:
REQUEST
The Planning and Zonillg Commission is asked to review the variance request of Kelly
Mattson 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 13659
Xavis St.NW, legally described as Lot 12,Block 1, Hidden Creek 2nd Addition.
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 of the Zoning Ordinance. The hardships or difficulties must
have to do with the characteristics of the land and not the property ovmer.
GENERAL BACKGROUND
The applicant is requesting the variance to construct a deck (1'x 12') which will encroach
three (3) feet into the ten (10') foot sideyard setback from the interior property line. The deck
footings would be placed seven (1') 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.
Page Two
Variance (00-14)
Mattson - 13659 Xavis St. NW
History
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.
Additionally, an amendment to Ordinance No.8, Section 6.02, requires a principle structure
to be built with an additional five (5') feet setback to accommodate an access for a deck.
Since, this said property was built prior to the 1992 amendment, no additional setback was
added.
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 landowner 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 RECOMMENDATION
Staff recommends approval of said variance.
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 of this Ordinance.
2. Ifit finds that strict enforcement of this 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 ofthe property.
4. Economic considerations shall not constitute an undue hardship if reasonable use
of the property exists under the terms of the Ordinance.
I
~ ... ."................. . . ......... ........ ................ .................... .
NameofApplioont ~ ~a~
Address /3 &..9 1 a ~5 :5/. /1.J ( uJ "
'. tI(!,?- A 7~ 7 ~C/tJ '7)b ,)-/73 7
Home Phone7 ~ 3- 7 f; 7 - Business Phone ~3 Fax
Sigoanue r; U;y -/1at1o~ Date ~-'6 - ()()
. ... ... . . .
Property Owner (Fee Owner)
(If different from above)
Address
Home Phone Business Phone Fax
Signature Date
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: 6125.o~
Single Family
Other Requests $150.00
, (p Is! ()7)
Date Paid Receipt #
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 staffwill 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 Recorders' Office.
revised 10/29/99 g:/datalstaffYmbarnett/variance.doc
3/20/00
, @ City of
/ 13659 Xavis Street - Variance
Andover
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LEGEND
N Subject Property
N Sources:
fA. Andover Planning
Andover GIS
Anoka County GIS
Property Location
, CAINE' a ASSOCIATES ; -,
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LAND SURVEYORS, IHe.
/7720 Highway 65 N.E. Sodervil/e~ Minnesota 55304
434-7646
CERTIFICATE OF SURVEY FOR: preferred Builders
DESCRIBED AS: Lot 12, Block 1, HIDDEN CREEK 2ND ADDITION, according
to the recordeq plat thereof, Anoka County, Minnesota.
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Denotes Existing Elevation
xl17(1,O Denotes Proposed Elevation ----------
(/03.7) Denotes Direction of
Proposed Surface Drainage
Proposed Top of Found. El.= 1044
proposed Garage Floor El.=/o~o I HEREBY CERTifY TNAr THIS SlH/t'EY, PLAN,
proposed Bsmt. Flbor El ~ = 101. Z OR R'OPOHT 11\4& PREI"AI1EO lJiI' ME OHIJNDEII
MY DIRECT SUPERVISION ANO THAT I AM A
DULY REGfSTEHED LAN,o. SUIIVEYIiiR UNDER
NOTE: Lath set at Building THE LAWS Or THE STATE Or MlltN!'S'IiTX.
,. Coroners. ~(2~
SCALE: I INCH' 40 PEET.
o DENOTes In /Nt!N IRON PfPC seT. t/' ~"
. DENaTES FOlINO _ MONUMENT. '1JATE: Oc. To 7J;/.9.8-6RJ;g. IN. 12671
BEAR/~& $NOWN AilE ASSIIMEO.
EJ nFAlOTES f./U3 ! T4CK SET
13659 Xavis St NW
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Looking Southeast Towards Proposed Deck
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE: July 5. 2000
AGENDA SECTION ORIGINATING DEPARTMENT
Non-Discussion Planning
ITEM NO.
Approve Variance (Front Yard Setback) Jeff Johnson, Zoning Administrator
Lots 21-22, Block 1 - Sunridge Addition
Sunridge Townhomes, LLC
l:~ .
Request
The City Council is asked to review and approve the variance request ofSunridge Townhomes,
LLC to allow for the construction of two (2) attached single family townhomes that would
encroach 8.6 feet into the thirty-five (35) foot front yard setback on the property located at
13476/13482 Martin Street NW, legally described as Lots 21-22, Block 1, Sunridge Addition.
The property is zoned M-2, Multiple Dwelling.
J
Planning and Zoning Commission Recommendation
The Planning and Zoning Commission met on June 13,2000 and recommends to the City
Council (unanimous) approval of said request. The Staff report is attached along with meeting
minutes and a resolution for your review.
CITY OF ANDOVER
j COUNTY OF ANOKA
STATE OF MINNESOTA
RESOLUTION NO. -
A RESOLUTION APPROVING THE VARIANCE REQUEST OF SUNRIDGE
TOWNHOMES, LLC. TO ORDINANCE NO.8, SECTION 6.02 TO ALLOW FOR
THE CONSTRUCTION OF TWO (2) A IT ACHED SINGLE F AMIL Y TOWNHOMES
TO ENCROACH 8.6 FEET INTO THE THIRTY-FIVE (35) FOOT FRONT YARD
SETBACK ON THE PROPERTY LOCATED AT 13476/13482 MARTIN STREET
NW, LEGALLY DESCRIBED AS LOTS 21-22, BLOCK 1, SUNRIDGE ADDITION.
WHEREAS, Sunridge Townhomes, LLC has requested a variance to Ordinance
No.8, Section 6.02 to allow for the construction of two (2) attached single family
townhomes to encroach 8.6 feet into the thirty-five (35) foot front yard setback on the
property located at 13476/13482 Martin Street NW, legally described above.
WHEREAS, the Planning and Zoning Commission has reviewed the request and
has determined that said 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 Sunridge Townhomes, LLC.
to Ordinance No.8, Section 6.02 and the construction of two (2) attached single family
townhomes on the property located at 13476/13482 Martin Street 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 - June 13, 2000
Page 7
Acting Chair Hedin stated that this item would be considered at the July 5, 2000 City
Council meeting.
VARIANCE: VARIANCE 00-15 - ORDINANCE 8, SECTION6.02-FRONT YARD
SETBACK - LOTS 21-22, BLOCK 1, SUNRIDGE.
Mr. Johnson presented the request of a variance for Sunridge Townhomes, LLC to allow
for the construction of two attached single family townhomes that would encroach into
the front yard setback on the property located at 13476/13482 Martin Street NW. He
mentioned that all applicable ordinances will be required to be met by the applicant.
Mr. Johnson stated that the applicant is requesting the two attached townhomes encroach
a maximum of 8.6 feet into the thirty-five foot front yard setback. He explained that the
variance should have been granted at the preliminary plat stage or request that a lesser
development standard for the front yard setback be granted.
Commissioner Kirchoff questioned the 35 foot front yard setback. Mr. Johnson
explained in greater detail the 35 foot front yard setback.
Acting Chair Hedin questioned if staff thought that the variance would have been
I approved at the preliminary plat level. Mr. Johnson stated that it is likely it would have
been approved.
Commissioner Falk questioned how tIllS could be prevented from happening again in the
future. Mr. Johnson stated that it is a unique lot that we are dealing with and that it is
unlikely it would happen again.
Commissioner Daninger stated that it would be a good idea ifit will help keep
consistency and make other single family homeowners happy.
Commissioner Falk questioned if the preliminary plat is up to the square foot that is
stated in the staff report. Mr. Carlberg gave an explanation of how the setback happened,
in addition to mentioning that it does meet the standards. He explained that not all of the
information was disclosed, therefore it created a problem. He mentioned that if it was in
the original preliminary plat it probably would have been approved.
Motion by Apel, seconded by Kirchoff, to forward to the City Cowlcil a recommendation
to approve Resolution No. granting the variance request of Sunridge Townhomes,
LLC to Ordinance No.8, Section 6.02 to allow for the construction of two attached single
family townhomes to encroach 8.6 feet into the thirty-five foot front yard setback on the
, property located at 13476/13482 Martin Street NW. Motion carried on a 5-ayes, O-nay,
,. 2-absent vote.
,
Regular Andover Planning and Zoning Commission Meeting
Minutes - June 13, 2000
Page 8
Acting Chair Hedin stated that this item would be considered at the July 5, 2000 City
Council meeting.
REVIEW: MODIFICATIONS TO DEVELOPMENT DISTRICT NO.1 AND TAX
INCREMENT FINANCING DISTRICT NO.1-I.
Mr. Carlberg explained that the City is in the process of modifying the development
program for Development District No. I and Tax Increment Financing District No.1-I.
He stated that the modifications are being made to reflect increased expenditures, increase
maximum bonded indebtedness and general revisions to reflect current statutory
references and provisions. It was also mentioned that since the proposed modifications
do not involve a land use change and the current designated land uses will remain the
same within the district, the modifications are consistent or in compliance with the
Comprehensive Plan.
Commissioner Kirchoff questioned if it is a ] 0 year district. Mr. Carlberg stated that it is
a 25 year district.
Commissioner Falk questioned how often it is updated. Mr. Carlberg explained that it is
updated any time there are proposed changes or modifications within the district.
,
Commissioner Falk questioned if the money is for just that area. Mr. Carlberg stated that
the intent is to use those dollars for the developments in that area.
Commissioner Daninger questioned what steps will be taken if the commission approves
the changes. Mr. Carlberg stated it would go before the City Council as a public hearing
on June 20, 2000.
MotiOIl by Apel, seconded by Falk, to approve of the modifications as presented by staff
to the Development Program for Development District No.1 and Tax Increment
Financing District No. ]-1, as they are in compliance with the Andover Comprehensive
Plan. Motion carried ona 5-ayes, a-nay, 2-absent vote.
DISCUSSION: DISCUSS ORDINANCE NO. 240 - FIREARMS/HUNTING
ORDINANCE.
Zoning Administrator Jeff Johnson presented a map that outlined the areas within the
City limits where hunting is prohibited and restricted. The map also pointed out areas
where there is 2.5 acres or more and bow hunting is permitted. He mentioned that staff
has contacted the DNR regarding the possibility of the City allowing firearm discharge if
there becomes a problem with overpopulation. It was explained that the City may place
language in the ordinance to have the City authorize special hunts during the hunting
f
<
CITY OF ANDOVER
REQUEST FOR PLANNING COMMISSION ACTION
DATE June 13,2000
AGENDA ITEM ORIGINATING DEPARTMENT APPROVED FOR
9. Variance - Front Yard Setback AGENDA
Lots 21-22, Block 1 - Sunridge i ~dition Planning
Sunridge Townhomes, LLC Jeff Johnson
BY: BY:
REOUEST
The Planning and Zoning Commission is asked to review the variance request of
Sunridge Townhomes, LLC to allow for the construction of two (2) attached single
family townhomes that would encroach into the front yard setback on the property
located at 13476/13482 Martin Street NW, legally described as Lots 21-22, Block 1,
Sunridge Addition.
The property is zoned M-2, Multiple Dwelling.
APPLICABLE ORDINANCES
-'
Ordinance No.8. Section 6.02- Minimum Setback Reouirements.
Ordinance No.8, Section 6.02 establishes the minimum front yard setback in an M-2,
Multiple Dwelling Zoning District. The front yard setback for this zoning district is forty
(40) feet, however the City Council approved a thirty-five (35) foot front yard setback as
a standard for this higher density development.
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
difficulties must have to do with the characteristics of the land and not the property
owner.
GENERALBACKGOUND
The applicant is requesting the two (2) attached townhomes encroach a maximum of 8.6
feet into the thirty-five (35) foot front yard setback. The applicant should have requested
, a the variance at preliminary plat stage or request that a lesser development standard for
/ the front yard setback be granted.
) Page Two
Variance - Front Yard Setback
Lots 21-22, Block 1, Sunridge
Sunridge Townhomes, LLC
The attached survey shows that a drainage and utility easement in the rear yard prohibits
the units from being placed any closer to the rear lot line.
The square footage of the two (2) dwelling units are as follows:
13482 Martin Street NW (Lot 22) 1702 square feet
13476 Martin Street NW (Lot 21) 1426 square feet
* 960 square feet is the minimum dwelling unit size for an M-2, Multiple Dwelling
District.
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 ofthe 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.
STAFF RECOMMENDATION
Staff recommends to the Planning and Zoning Commission that the variance be
approved:
1) Due to the fact that building setback uniformity along Martin Street is similar to
the single family home to the south.
2) The easements located in the rear ofthe property prohibit the two (2) townhomes
/ from being placed any closer to the rear lot line.
.
Page Three
, ) Variance - Front Yard Setback
Lots 21-22, Block 1, Sunridge
Sunridge Townhomes, LLC
3) The applicant could possibly build a smaller home and meet the front yard
setback. It seems more appropriate to keep the size and price of these townhomes
consistent with the others throughout the development.
J
J
)
( Location Map )
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At't) eL.f:V i\ TIONS SrIOWN i
SYMBOlS O!;SCRIP1ION ON Tl-IS Pt..AN COt./foORM ! .-.
TO T1-E: CITY APPQ.OV!:O , .
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~6:S.cD OE>JOTES PROPosa> ElEVA11Ol-l
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Job No. Scal~: ~
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LrtoM. No. ?:S716 DOle 04-f7-00 ONlvn by: OI.T OISC /ole.
MAY 30 '00 10:52 Co 1 j?C::':>ClA""" Oi"\r-1""" 1'"1"'"
.
/ 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 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.
) ~ ... ........ ~ . ... ......................... ...... . ........ .
Name of Applicant Su /? // '~ e ~/7 A'c;::fM?p r- Ue:
Address /57 C::o &"y/de~/p-d ~/ /t/CA-1 A.i.DdJe ,,--
1C- 'J
Home Phone Business Phone try"! 8 /2.. Fax
(,1 Z ?c:;28 eo? 'f
Sign,"", ~ - Dato ?;/ ~/ 00
. ............... ... .... ... ........,..,...,...... . ........ ... ...... r ... .......
Property Owner (Fee Owner) S /h?'7.e-
(If different from above)
Address
Home Phone Business Phone Fax
Signature Date
)
.
'\
) 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: $125.00 ~ ,J I ~V
Single Family
Other Requests $150.00
/
Date Paid Receipt #
/
.
) 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 ofthe public hearing. (For Public Hearing information
please call the informational hotline at 767-5126).
. City staffwill 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 Recorders' Office.
revised 10/29/99 g:/datalstafti'mbarnett/variance.doc
3/20/00
J
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
) DATE: July 5. 2000
AGENDA SECTION ORIGINATING DEPARTMENT
Non-Discussion Planning
ITEM NO.
Ordinance No. 240 - Discharge of Firearms Jeff Johnson, Zoning Administrator
and Bow/Arrows Update
\4.
Update (Ordinance No. 240 - Discharl!:e of Firearms and Bows/Arrows)
As you are aware, the Planning and Zoning Commission has met over the past couple months to review,
research and discuss Ordinance No. 240 - An Ordinance Regulating the Discharge of Firearms. A letter
and petition dated April 17, 2000 prompt the City to take the necessary action to review this ordinance.
The Planning and Zoning Commission are proposing the following changes to the ordinance:
1. Firearm discharge would be prohibited south of 161st Avenue NW with the exception of the
I areas higWighted in orange on the map. In these areas, goose hunting via discharge of firearm is
allowed on parcels often (10) areas or more during Early Metro Goose Season (early to mid
September) and Late Goose Season (mid December). The DNR sets the specific dates each year.
Bow hunting will be permitted in the areas highlighted in orange on parcels of2.5 acres or larger.
2. Firearm and bow/arrow discharge would be prohibited in the areas highlighted in red.
3. The areas highlighted in blue are restricted. The discharge of firearms are permitted on parcels
ofland ten (10) acres or more and the discharge of bows/arrows are permitted on parcels ofland
2.5 acres or more.
A public hearing is scheduled for July 25, 2000 to receive public input on these proposed changes.
Attachments
Ordinance No. 240
Letter and Petition (4/17/2000)
Map Showing Proposed Changes
Planning and Zoning Commission Minutes (6/13/2000)
\
j
,
- "
, J CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO. 240
An Ordinance repealing Ordinance No. 62C, adopted May 15, 1990.
AN ORDINANCE REGULATING THE DISCHARGE OF FIREARMS AND
BOWS WITHIN THE CITY OF ANDOVER.
The City Council of the City of Andover hereby ordains:
Section 1. Definitions.
The following definitions shall apply in the interpretation and enforcement of this
ordinance.
BQ1J!. all long bows used for target and hunting purposes
, I as regulated and defined by Milmesota Statutes, Chapter 97B.
Firearm shotguns and pellet weapons, whether C02 or pneumatic
powered.
Hand Gun a hand held weapon with a rifled barrel and discharging a
single shot or pellet at a time.
Rifle a shoulder weapon with a rit1ed bored barrel or barrels and
discharging a single shot or pellet at a time.
Shotf!un a shoulder weapon with a smooth bored barrel or barrels and
normally discharging more than one (1) pellet at a time,
except when using a single slug.
Section 2. Re2:ulations.
No person shall discharge at any time a firearm or bow upon or onto any land or
property within the City except as provided by this ordinance.
, / A. No person shall discharge a firearm within five hundred (500) feet of any
residence or a bow within one hundred and fifty (150) feet of any residence.
1
.
, /
B. No person shall discharge a firearm or bow on public property owned or
operated by the City, County, State or School District.
C. The discharge of a rifle or hand gun utilizing a solid projectile shall not be
allowed within the City.
D. No person shall discharge a fire ann or bow within the City of Andover as
shown on the attached map as "Prohibited Zone". The attached map shall
become part of this ordinance.
E. No person shall discharge a firearm or bow in the City except for the
following conditions:
1. Firearms may be discharged provided the parcel ofland is ten (10)
acres or more in size and the projectile does not carry beyond the
property line.
2. Bows may be discharged provided the parcel of land is two and one-
half (2.5) acres or more in size and the projectile does not carry
/ beyond the property line.
.., ResidentsILandowners may discharge a firearm upon their property
.J.
for the purpose of slaughtering animals provided the parcel of land is
five (5) acres or more in size and the projectile does not carry
beyond the property line.
4. Written permission by the property owner shall be given to
any person prior to the discharge of a firearm or bow on their
property.
5. Recreational target shooting of a fire ann is pennitted provided the
parcd of land is ten (10) acres or more in size. Recreational target
shooting of a bow is permitted provided the parcel of land is two and
one-half (2.5) acres or more in size. The projectile shall be directed
at a target with a backstop of sufficient strength and density to stop
and control the projectile.
/
2
,
J
J
Section 3. Exemotions.
The provisions of this ordinance shall not apply to the discharge of firearms, rifles
or handguns when done in the lawful defense of persons or property. No part of
this ordinance is intended to abridge the constitutional right to keep and bear arms.
Section 4. Validity.
The validity of any section, clause or phrase of this ordinance shall not affect the
validity of any other part.
Section 5. Penalty.
Any person who violates any provision of this ordinance shall be guilty of a
misdemeanor and upon conviction thereof, shall be punished according to State
law.
Section 6. Effective Date.
J This ordinance and attached map shall become effective January 1, 1999.
Adopted by the City Council of the City of Andover on this 6th day of October,
1998.
ATTEST CITY OF ANDOVER
tid:t;;r-/ 1.d Q.[. Mr, ~~
tJ.V
Victoria Volk, City Clerk 0. E. McKelvey, Mayor
J
3
May-DZ-DD D9:DZam From-PROP REC , TAX 6123235421 T-676 P.OZlD5 F-872
.,.
I April 17, 2000
To The City Council and Planning & Zoning,
Re: Discharge of Firearms/Hunting Petition
We would like to voice our concerns regarding the hunting ordinance and would
like the City Council to change the ordinance to no discharge of any firearms at any
time south of 161 'to We have great concerns with the new developments coming in
to the north by Fields & Sons, Woodland Estates 2nd Addition to the south and with
the new school coming in so close. It is to the point where some of us can not even
feel safe in our own backyard. A neighbor has already been bit with pellets while he
was on the roof of him home because hunters were too close. We are afraid to let
our children play ootside, let our dogs out and to even walk in our own backyard.
There bave been a lot of problems with hunters coming too close to our homes,
walking on Our properties and we have also been experiencing hunting out of season
in which the DNR and Police bave been notified aud are trying to monitor. The
most recent incident the police were called and the hunters told the police they had
consent from the farmer to hunt woodchuck with bow and arrow at 7:00pm at
night, these individuals were from Bloomington and at the time nothing was open to
bunt. We know this. is a DNR issue but we want you to realize that this is a year
round problem and although we realize bow and arrow hunting will probably
always be allowed for control the guns shonld be taken out immediately to cut down
I on some of the safety issues and problems.
We understand an Owner should be able to do whatever they would like with their
propeny but not when it effects the safety of so many adults, children and pets.
There was not one person who abuts the farmlands that did not want to sign this
petition because we are all tired oftbe problems and gun shots. The City of
Andover has become too urbanized with this rapid growth for hunting with guns on
these farm fields. And with all these residential areas and developments coming in
we can't believe that there can be any deer left. Just during a short 2-night petition
signing 8 families stated that they6 have had huntel5with guns on their property!
Who monitors this? Who can control it? Wbo is liable when someone is hurt or
killed? Does the farmer or the City of Andover for allowing this ordinance with the
amount of density in our city?
Here are some of the most recent situations:
. A neighbor stated that during hunting season they looked out of their window to
see 14 hunters in their visible sight.
. Another neighbor stated they were giving a baby shower for 20 women in the fall
and saw 11 hunter walking around with guns hunting and you could barely talk
because the guns shots were so loud and distracting. How do you think our
children feel hearing all the gun shots? Do they have to feel frightened in there
own neighborhood?
/
MAY 02 '00 09:04 6123235421 PAGE. 02
Ma~-UZ-OO Og:OZam From-PROP REC & TAX 61Z3Z354Z1 T-676 P.03/05 F-B7Z
. Another neighbor stated that be and his daughter walked towards the back of
their lot and heard something, looked up and there was a hunter on their
property.
. Another family was able to watch a deer get shot right from the window of their
home.
A lot of these families said they have called the city and that nothing has been done
in the last year. We think it is time for the city to take a hard look at tbe rapid
growth and density and make some changes. The City of Andover has become too
urbanized for this. We appreciate your consideration in making our neighborhoods
safe before a serious accident happens.
What we as families with children want to see:
. Absolutely no discharge of firearms/guns at any time of the yeaT.
. A quick decision to change tbe ordinance before the next hunting season
. A requirement that the farmers must give eacb bow & arrow hunter a copy of
the ordinance so they know the rules.
. A change in the bow & arrow ordinance to be 500 ft away from a property
instead of 150ft. This will hopefully keep them away from our homes. There are
so many fields to hunt in why do they bave to be in the back of our home where
we can see them with their bow & arrow?
. We would like the City Council to ask staff for a recommendation since they are
the ones who receive a lot ofthe caUs and may not get to YOD.
Remember we do not have much time before the next hunting season please act
quickly.
Thank you for your consideration in this matter.
MAY 02 '00 09:04 6123235421 PAGE. 03
. MaY-Ut-UU u~:utam From-PROP REC & TAX 61232354Z1 T-676 P.04/05 F-87Z
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Regular Andover Planning and Zoning Commission Meeting
Minutes-June 13,2000
Page 8
/
Acting Chair Hedin stated that this item would be considered at the July 5, 2000 City
Council meeting.
REVIEW: MODIFICATIONS TO DEVELOPMENT DISTRICT NO.1 AND TAX
INCREMENT FINANCING DISTRICT NO. 1-1.
Mr. Carlberg explained that the City is in the process of modifying the development
program for Development District No.1 and Tax Increment Financing District No.1-I.
He stated that the modifications are being made to reflect increased expenditures, increase
maximum bonded indebtedness and general revisions to reflect current statutory
references and provisions. It was also mentioned that since the proposed modifications
do not involve a land use change and the current designated land uses will remain the
same within the district, the modifications are consistent or in compliance with the
Comprehensive Plan.
Commissioner Kirchoff questioned if it is a 10 year district. Mr. Carlberg stated that it is
a 25 year district.
Commissioner Falk questioned how often it is updated. Mr. Carlberg explained that it is
updated any time there are proposed changes or modifications within the district.
Conmlissioner Falk questioned ifthe money is for just that area. Mr. Carlberg stated that
the intent is to use those dollars for the developments in that area.
Commissioner Daninger questioned what steps will be taken if the commission approves
the changes. Mr. Carlberg stated it would go before the City Council as a public hearing
on June 20, 2000.
Motion by Apel, seconded by Falk, to approve of the modifications as presented by staff
to the Development Program for Development District No.1 and Tax Increment
Financing District No.1-I, as they are in compliance with the Andover Comprehensive
Plan. Motion carried ona 5-ayes, a-nay, 2-absent vote.
DISCUSSION: DISCUSS ORDINANCE NO. 240 - FIREARMS/HUNTING
ORDINANCE.
Zoning Administrator Jeff Johnson presented a map that outlined the areas within the
City limits where hunting is prohibited and restricted. The map also pointed out areas
where there is 2.5 acres or more and bow hunting is permitted. He mentioned that staff
has contacted the DNR regarding the possibility of the City allowing firearm discharge if
there becomes a problem with overpopulation. It was explained that the City may place
language in the ordinance to have the City authorize special hWlts during the hunting
Regular Andover Planning and Zoning Commission Meeting
Minutes-June 13, 2000
Page 9
season iffelt necessary. No DNR approval is necessary for special hunts provided that
the time frame of the hunt falls within the hunting season.
Commissioner Ape! questioned the amount of participation the City would receive with
the special hunts. He mentioned the possibility of the City considering participating in a
special City goose hunt that takes place in other areas around the Metropolitan area. He
explained that there is an on-going problem with an over-population of geese within the
City limits.
Mr. Johnson stated he will forward the suggestion onto stafffor further consideration.
Acting Chair Hedin questioned why you would only allow hunting in restricted areas
with a special permit.
Commissioner Apel mentioned that the geese do need to be controlled within the City.
Acting Chair Hedin questioned whether or not it is possible to control the geese within
the normal hunting season.
Commissioner Apel explained that the DNR has it in a number of areas where a person
can apply for a special permit to hunt in restricted areas.
Mr. Johnson stated that Acting Chair Hedin brought up a good point and mentioned that
he will forward to the Council that they consider a special hunt within the season.
Acting Chair Hedin stated that there is good hunting located within the City.
City Council Member Don Jacobson, 14628 University Ave, stated that he has received a
number of phone calls from people that have witnessed others hunting right next to their
property. He mentioned that the Council is requesting the Planning Commission to
review the ordinance and determine whether or not a change is appropriate at tIlis time.
Commissioner Apel stated that even though he loves to hunt he is aware that there comes
a time when the City will need to limit the areas.
Acting Chair Hedin stated that he is reluctant to make a recommendation without
receiving feedback from the residents. He suggested that a public hearing take place
since there were no residents present.
Commissioner Falk stated that the Planning Commission is just being asked to give ideas
to the City Council.
Regular Andover Planning and Zoning Commission Meeting
Minutes-June 13,2000
Page 10
/
Commissioner Apel stated that if the City Council is in agreement with the commission
that it would come back before the Planning Comnlission for further discussion.
Commissioner Daninger questioned what the bow hunting restrictions are with the
neighboring cities. Commissioner Apel stated that Blaine doesn't allow any type of
hunting to take place.
Cornn1issioner Apel stated that the commission is only deciding that the issue needs to be
discussed further, and if the Council agrees then it will come back to the commission as a
public hearing.
Commissioner Daninger stated that the recommendation the commission makes to the
Council would be a starting point for further review.
Mr. Johnson suggested forwarding to the City Council in order to receive feedback from
the Council. He also suggested scheduling a public hearing in order to receive input from
the public.
Commissioner Kirchoff suggested advertising the public hearing in the City newsletter.
Mr. Johnson stated that it would be possible to put something in the July newsletter.
Commissioner Daninger stated that another concern to consider is that some residents
may already have pern1its to hunt in the fall.
Mr. Jacobson suggested having the public hearing prior to going before the City Council.
Commissioner Falk questioned if the special hunting areas need to be designated on a
map for the public hearing. Mr. Johnson stated that the special hunting areas do not need
to be designated on a map.
Commissioner Kirchoff commented that if a public hearing is scheduled then it is vital
the public is informed in order to have a successful turnout.
Motion by Falk, seconded by Apel, to schedule a public hearing at the July, 25, 2000
Planning Commission meeting to discuss Ordinance No. 240 with the public. Motion
carried on a 5-ayes, O-nay, 2-absent vote.
OTHER BUSINESS
Mr. Hinzman briefed the Planning and Zoning Commission on the outcome of the issues
that were pending with the City Council. He also gave a brief overview of items that will
, be up for discussion at the next Plmming Commission meeting.
(5) CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
,
) DATE: Julv 5. 2000
AGENDA SECTION ORIGINATING DEPARTMENT
Non-Discussion/Consent Item Todd Haas, ~
Engineering
ITEM NO.
Order Plans & Specs/00-9/Hidden Creek North Parking Lot Reconstruction
\6.
The City Council is requested by the Park and Recreation Commission to approve the
resolution ordering improvement and directing preparation of plans and specifications for
Project 00-9, Hidden Creek North Parking Lot Reconstruction.
/
"
/
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
MOTION by Councilmember to adopt the following:
A RESOLUTION ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF
PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NO.
00-9 FOR HIDDEN CREEK NORTH PARKING LOT RECONSTRUCTION.
WHEREAS, the City Council is cognizant of the need for Hidden Creek North
Parking Lot Reconstruction; and
NOW, THEREFORE BE IT RESOLVED by the City Council to order the
improvement of Hidden Creek North Parkinq Lot Reconstruction, Project 00-9; and
" BE IT FURTHER RESOLVED by the City Council to hereby direct the ~
/ Enqineer to prepare the plans and specifications for such improvement project.
MOTION seconded by Councilmember and adopted by the
City Council at a reqular meeting this ~ day of Julv , 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
/
~) CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
/ DATE: Julv 5. 2000
AGENDA SECTION ORIGINATING DEPARTMENT
Non-Discussion/Consent Items Todd Haas, ~
Engineering
ITEM NO.
Approve Plans & Specs/00-9/
to Hidden Creek North Park Lot Reconstruction
I I
The City Council is requested by the Park and Recreation Commission to approve the
resolution approving plans and specifications for Project 00-9, Hidden Creek North Parking Lot
Reconstruction.
The plans and specs are available in the Engineering Office for your review.
This project will also include Project 98-25, Crosstown Boulevard Trail as an alternate bid.
The 2000 Park Capital Improvement Budget along with Park Dedication Funds will be used to
/ pay for the project.
/
\
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
MOTION by Councilmember to adopt the following:
A RESOL.UTION APPROVING FINAL PLANS AND SPECIFICATIONS AND
ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 00-9 ,FOR
HIDDEN CREEK NORTH PARKING LOT RECONSTRUCTION.
WHEREAS, pursuant to Resolution No. -00 , adopted by the City
Council on the ...Q!.b..... day of Julv , 2000 ,the City Enqineer has prepared final
plans and specifications for Project 00-9 for Hidden Creek North Parkinq Lot
Reconstruction for parkinq lot improvements.
WHEREAS, such final plans and specifications were presented to the City
Council for their review on the ...Q!.b..... day of Julv ,2000.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Andover to hereby approve the Final Plans and Specifications.
. BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby
/ direct the City Clerk to seek public bids as required by law, with such bids to be
opened at 10:00 AM , Julv 28 , 2000 at the Andover City Hall.
MOTION seconded by Councilmember and adopted by the
City Council at a reqular meeting this 5th day of Julv , 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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/
~) CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
,
DATE: Julv 5. 2000
AGENDA SECTION ORIGINATING DEPARTMENT
Non-Discussion/Consent Items
Todd Haas, ~
Engineering
ITEM NO.
Approve Plans & Specs/98-25/
Crosstown Boulevard Trail
'1.
The City Council is requested by the Park and Recreation Commission to approve the
resolution approving plans and specifications for Project 98-25, Crosstown Boulevard Trail
south of Bunker Lake Boulevard to 133rd Avenue NW.
This project will be bid as an alternate to Project 00-9, Hidden Creek North Parking Lot
Reconstruction.
The plans and specs are available in the Engineering Office for your review.
Note: The Park and Recreation Commission is anticipating that the Trail Fund will be utilized
to pay for this project. State Aid funding at this point will not be used as the State Aid
account has a $0 balance.
1 CITY OF ANDOVER
,
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
MOTION by Councilmember to adopt the following:
A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND
ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 98-25 ,FOR
CROSSTOWN BOUEVARD TRAIL.
WHEREAS, pursuant to Resolution No. 195-98 , adopted by the City
Council on the ....2!h... day of October , 1998 ,the City Enqineer has prepared
final plans and specifications for Project 98-25 for Crosstown Boulevard Trail for
trail improvements.
WHEREAS, such final plans and specifications were presented to the City
Council for their review on the ...Q!.b..... day of Julv ,2000.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Andover to hereby approve the Final Plans and Specifications.
BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby
direct the City Clerk to seek public bids as required by law, with such bids to be
opened at 10:00 AM , Julv 28 , 2000 at the Andover City Hall.
MOTION seconded by Councilmember and adopted by the
City Council at a reqular meeting this 5th day of Julv , 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 \folk - City Clerk
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~) CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
\
) DATE: Julv 5. 2000
AGENDA SEGTION ORIGINATING DEPARTMENT
Non-Discussion/Consent Item
Todd J. Haas,~
ITEM NO. Engineering
.~APprove Quotes/00-21/Pavement Markings
\ '
The City Council is requested to approve the quotes for Pavement Markings, Project 00-21.
Quotes received are as follows:
Vendor Quote
Precision Pavement Marking $8,209.06 ($0.053 per linear foot)
AAA Striping Service Co. $8,725.17 ($0.056 per linear foot)
Pavement markings are done annually. This was budgeted for this year.
/
/
06/27/00 10:l.0 FAX 612 428 8675 PRECISION PVMT M ~ 002/002
""., ~~ United - DATE: June 28 2000
Rentals
" Highway Technologies TIME: 10:00 AM
~.I'.!".!*-'.~""1fT ...........! A division of
/
14280 James Road 763/428-8767 PLACE: Andover MN
Rogers, MN 55374 763/428-8675 Fax
QUOTATION
PROJECT: Project Number. 00-21
2000 Street Striping
City of Andover MN
Proposal to furnish and install all material required for this project. Quotations below may
be withdrawn if not accepted within 30 days of the bid letting. Total includes tax and bond.
_APPROX UNIT BID
ITEM QUANTITY U/M DESCRIPTION PRICE AMOUNT
154,888 LF 4" Yellow & White Paint Striping 0.053 8,209.06
/
f'tJ
Note: S\-/'
/
ESTIMATOR: Jim Evans
JUN 27 '00 10:16 612 428 8675 PAGE. 02
El5/27/2ElElEl 18: El'3 5124288557 AAA STRIPING SERVICE PAGE Ell
1- !.."...~~ .' ~d/ r~;- /.",)'l j t:,~ ,-
II ...; (~'';<('11 ..:;'(>.,(~~' '"'' F01'/-{'l !~:;(,. .-.i,.t-,t.tf: .
,
I
) i I
\- AAA Striping Service Co.
I
" 5392 Quam Avenue, P.O. Box 339, Rogers, MN 55374 (763) 428-4322
l! FAX (763) 428-8557
I' June 27, 2000
I
j I
II
;
I
II
q
II Mr. Cmy:~
II City of Andover
, 1685 Croe.rtown Boulevard NW
i
J Andover, MN SS304
II
II Re: Quote for Projcc;t 00-21, Pavement MadciDgs
II Due luno 28, 2000; 10:00 AM
I
j
!I
i! 4" Solid Line YeDow Paint 53,385 LF $0.06 $3.203.10
:j 4" Broken Line YeDow Paint 2,433 LF 0.06 14'.98
!I 4" Double Line Yellow Paint 18,684LF 0.12 2,242.08
II - 4" Solid Line White Paint 44,150 LF 0.057 2,516.55
I 4._line_P.... 451LF 0.057 ~
I - 6" Solid Line White Paint 2,367 LF 0.25 591.7S
II
G' 16. 11
II
, Thank you very much for the opportunily to quote this project. I
H
.'
Ii Smoeruly,
L~~twf
I
II
!i Dean E. EJickson ~
i
. E81imaJor
j'
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, \
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,
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,
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, '
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\-
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,- -~ ...--.""... -
-- - - -- - - - -
PAVEMENT MARKINGS LINE REMOVAL TRAFFIC BIONB
". 6124288557 PAGE. 01
JUN 27 '00 18:26
~) CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
/ DATE: Julv 5. 2000
AGENDA SECTION ORIGINATING DEPARTMENT
Non-Discussion/Consent Items Todd Haas,~
Engineering
ITEM NO.
Accept Feasibility ReportlOO-25/
3532 - 142nd Avenue NWIWM
\Q,
The City Council is requested to approve the resolution accepting the feasibility report, waiving
hearing and ordering improvement for the improvement of watermain for Project 00-25,
3532 - 142nd Avenue NW.
The proposed assessment was determined under Project 94-17, Quickstrom's Addition.
Per Project 94-'17, the assessment per lot is $4,267.35. The assessment includes the area
, charge, connection charge and lateral charge which are typical for any watermain assessment.
,
/
CITY OF ANDOVER
/ COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
MOTION by Councilmember to adopt the following:
A RESOl.UTION ACCEPTING FEASIBILITY STUDY, WAIVING PUBLIC
HEARING, ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF
PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NO.
00-25 FOR WATERMAIN IN THE FOLLOWING AREA 3532 - 142ND AVENUE
NW.
WHEREAS, the City Council did on the 20th day of June ,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 ...Q!.b..... day of July ,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 $ 4.267.35
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 $ 4.267.35 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 5th day of July ,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
~) CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
\
/ DATE: July 5. 2000
AGENDA SEGTION ORIGINATING DEPARTMENT
Non-Discussion/Consent Item Scott Erickson~l
ITEM NO.
Engineering
Receive Asse~;sment Roll/Order Public Hearing/
98-11/Jay Street NW
c9D,
The City Council is requested to approve the resolution for hearing on proposed assessment
for the improvement of Project 98-11, Jay Street NW.
;
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
, RES. NO.
/
MOTION by Councilmember to adopt the following:
A RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR THE
IMPROVEMENT OF PROJECT NO. 98-11. JAY STREET NW.
WHEREAS, by a resolution passed by the City Council on June 20. 2000, the City
Clerk was directed to prepare a proposed assessment of the cost of improvements for
Project No. 98-11.
WHEREAS, the Clerk has notified the Council that such proposed assessments
has been Gompleted and filed in her office for public inspection.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER,
MINNESOTA:
1. A heari ng shall be held the 1 st day of Auqust, 2000 in the City Hall at 7:00 PM to
pass upon such proposed assessment and at such time and place all persons owning
property affected by such improvement will be given an opportunity to be heard with
reference to such assessment.
2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed
asseSSllent to be published once in the official newspaper at least two weeks prior to
the hecring, and shall state in the notice the total cost of improvements. She shall also
cause mailed notice to be given to the owner of each parcel described in the
asseSSllent roll not less than two weeks prior to the hearing.
3. The owner of any property so assessed may at any time prior to certification of the
asseSSllent to the County Auditor, pay the whole of the assessment on such property,
with int'~rest accrued to the date of payment to the City Treasurer, except that no
interest shall be charged of the entire assessment is paid within 30 days from the
adoption of the assessment. He may at any time thereafter pay to the City Treasurer
the entire amount of the assessment remaining unpaid, with interest accrued to
December 31 of the year in which such payment is made. Such payment must be
made before October 15 or interested will be charged through December 31 of the
succeeding year.
MOTION Geconded by Councilmember and adopted by the
City CounGil at a reQular meeting this 5th day of Julv , 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
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
':
/
DATE: luly 5. 2000
AGENDA SECTION ORIGINATING DEPARTMENT
Non-Discussion City Clerk
ITEM NO.
Kennel License Renewal!
Jl. Rescue Saint Bernards
The City Council is requested to approve the kennel license renewal for Bob and Kathy
DeBoer, dba Rescue Saint Bernards, 4180 -165th Avenue NW. The license period is from July
1,2000 to June 30, 200l.
All licensing requirements have been met.
Attach.
/
~) CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
"
/ DATE: July 5, 2000
AGENDA SECTION ORIGINATING DEPARTMENT
Non-Discussion/Consent Item Scott Ericksonrffi-
ITEM NO.
Engineenng
Update/00-17/Anoka County Library Trail Construction
J/f.
At the June 6, 2000, City Council meeting the Council reviewed a proposal from the Park
Board regardin~1 the possibility of constructing a trail/sidewalk extension along the east side of
7th Avenue from 141st Ave. north to 145th Ave. During that discussion a question arose
regarding the location of the proposed trail in relation to the County right-of-way. After further
review it was determined that the county has 60 ft. of right-of-way from the center line of 7th to
the easterly right-of-way. This would provide adequate room for the construction of trail within
this right-of-way. Additional engineering and design work would be necessary regarding the
grades, slopes, et... The development of this trail will be brought back to the Park Board for
their review and recommendation.
/
/
C) .
/
Regular Ando'Jer City Council Meeting
Minutes - Jum~ 6, 2000
Page 12
Mr. Ganz stated they can supply all the information the City needs on community septic systems.
They are not changing the density; it is just using the land differently. The Council stated they
would like that information. They also noted they would be unable to give direction on this plat
without knowing aJl Qfthe E1_rnii!c:~tiQ~,J[l!JIQw~sati<mc;j::s OJ_changes would be nee_d_edto the
(Sketch Plan Review/Merit Development/Section 28, Continued)
ordinances. A benefit is retaining open spaces and allowing development in areas that will
eventually hook up to City sewer. Attorney Hawkins stated he is not familiar with land trusts but
noted it sounds like they are irrevocable.
Councilmember Ortte1 was concerned that allowing this in the rural areas would mean every five-
acre lot could come in with clustered housing on 1/3-acre lots, a community septic system and
open spaces. It is basically urban development with a community septic system. He didn't think
that is what tb e City wants in the rural area.
The Council again noted the need to evaluate whether this type of development is desired; and if
, so, where. If the developer wishes to proceed with this proposal, he does so at his own risk. At
this point, they did not encourage Mr. Ganz because they did not know how this would impact the
City as a whole. In the mean time, the Council agreed to research the issues further. Mr.Ganz
stated they will supply the information from the MPCA and ordinances from other cities on
communal septic systems.
ORDER FEASIBILITY REPORTIIPOO-17/ANOKA COUNTY LIBRARY TRAIL
CONSTRUCTION
Park and Rec;:eation COlmnission Chairperson Jim Lindahl stated residents have approached the
Board about constructing a trail along the east side of Seventh Avenue from about 145th to
Highway 116 to be able to access the new county library. He attended an Anoka Park Board
meeting to discuss this, and they have indicated they would be willing to do a trail that would
connect from the intersection of Seventh Avenue and CoRd 116 west to the library. They did
allocate some money for doing so. The issue is obtaining the property along Seventh A venue for
the trail. Mcst of it is not developed and its future is undetermined. They are looking at the
possibility of assessing the property plior to development to get the trail in and provide a safe
access along Seventh A venue to the intersection. The library is to open July, 2000. It is estimated
the cost of the trail along Seventh Avenue would be $25,000, excluding land acquisition costs.
Councilmember Jacobson was concerned that in order to do a 429 procedure and assess the
property owners, the City must show an increase in value to the property. He questioned how that
/ could be done. Chairperson Lindahl stated the cost would be less now. Councilmember Ortte1
didn't feel assessing the property was the answer because a benefit could not be shown. In all
likelihood the City would have to condemn the land. Enough land would be needed outs ide of the
right of way ;1eeded by the county. Mr. Erickson suggested the land owners be asked to petition
for the imprcvement.
.
,
Regular Andover City Council Meeting
Minutes - June 6, 2000
Page 13
Connie Beckman, 4172 l46th Avenue - explained she and the neighbors have discussed access to
the new library from their development as well as from the neighborhoods to the east and north.
. People on. 9Qth sides of~c:V~Iltl1A ve1me Will wam tQ accej)~ the li1:>rIDan.A the Kelsey Ro und I..ake
(Order Feasibility ReportIIP00-17/Anoka County Library Trail Construction, Continued)
trail. This portion of trail would provide access and safety to people from as far north as CoRd 20
and east from Round Lake Boulevard to access the library. People will try to access the library
even without the trail, but it presents a.very serious safety concern. This would be a pro-active step
which makes a :;tatement to the residents and the City of Anoka that Andover is willing to work on
a joint venture to allow the residents safe access to the library. The City of Ramsey was also
approached and was interested in working with Anoka so a trail would eventually be constructed to
the library from Highway 47 east. If that occurs, it would be a joint venture and would allow
people from the east side of Andover to go all the way to Ramsey. It is a much greater vision than
just providing access from their subdivision. The trail is very cost effective. It is a win win
situation allowing people access to the library and the Kelsey Round Lake trail.
Mr. Erickson s1ated the issues are the location for the trail and funding sources. He will first
, determine whether this would fit in existing easements; then they will evaluate funding sources and
bring the matter back to the next regular Council meeting.
APPROVE REVISED DRAFT COMPREHENSIVE PLAN FOR SUBMITTAL TO
METROPOLITAN COUNCIL
Mr. Hinzman reviewed the text changes in the Draft Comprehensive Plan per the request of the
Metropolitan Council Staff. A solar access protection paragraph has been added, as well as
affordable and life-cycle housing provisions using the frrst figures that were approved, affordable
and life-cycle housing programs that are available, modifications to the individual sewage
treatment systems section and to the traffic and transportation plan as well as the rural. land use.
The housing programs are listed and available if the developer wants to use them, but it does not
commit the City to enacting them. By pulling out the parks and properties in the rural area greater
than 10 acres, the amount of buildable land decreased to 3590 acres, supporting the argument to
maintain the 2S-acre development policy now in place.
In discussing the proposed changes, the Council suggested the following modifications: Section I,
Affordable and Life-Cycle Housing Provisions, first paragraph, "The City of Andover has
comn1itted to providing opportunities for affordable and ...." Section K. Implementation of
Multiple Fanlily Housing, change to "Over the next 10 to 20 years, 12 percent of all units..." On
/ the Buildable Rural Acreage map, delete Prairie Knoll park and change the zoning on the Hupp
property on the wuthwest comer of Hanson and Andover Boulevards. They also suggested the
paragraph on the life-cycle housing programs be reworded to state the intent is the City has the
final overview on implementing these programs, and this is a list of available programs.
~) CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
; DATE: July 5, 2000
AGENDA SECTION ORIGINATING DEPARTMENT
Non-Discussicn/Consent Item Scott Erickson, cbl
ITEM NO. Engineering
Update/Gabriel Ponding Issue
J3.
I thought an update of the Chesterton Commons NE Pond issue with the Gabriels (Chris &
Terri) would be appropriate, as I understand the Council may be receiving some calls from the
property owners at this location. If you'll recall previous discussions regarding this issue, it
was left that the Gabriels would need to regrade their rear yard to meet the original pond
design for the ponding area behind their home. If they were not able to achieve this the City
would then utilize their escrow to insure the work was properly completed.
Since that meeting I have had numerous discussions with the Coon Creek Watershed staff
regarding this issue. We have discussed in concept with the watershed the ability to "relocate"
this additional p::lnd volume within the Grey Oaks development, thus meeting the stormwater
. \ needs of the re~lional drainage system. This option has also been discussed with Ashford
/ Development, rvlr. Jerry Windschitl, and it appears that he may be willing to help resolve this
issue by providing the additional ponding.
At his point we are waiting for written confirmation from Mr. Windschitl as to this proposal. If
we are able to receive confirmation from the developer and the Coon Creek Watershed District
as to this proposal we would then be able to recommend to the City Council to release the
Gabriel's escrow. If this proposal does not work out we would then need to revert back to the
original pond design and have the ponding area along the rear of these lots regraded.
I
~~ CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
"-
) DATE: Julv 5.2000
AGENDA SECTION ORIGINATING DEPARTMENT
Non-Discussion/Consent Item Scott .Erick~on~t
Er.::]lneenng
ITEM NO.
Approve Final PaymenUOO-14/
142XX Round Lake Boulevard NW
8Q,
The City Council is requested to approve the resolution accepting work and directing final
payment for Project 00-14, 142XX Round Lake Boulevard NW.
\
/
"-
}
I CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
MOTION by Councilmember to adopt the following:
A RESOLUTION ACCEPTING WORK AND DIRECTING FINAL PAYMENT TO
VOLK SEWER & WATER FOR PROJECT NO. 00-14. 142XX ROUND LAKE
BOULEVARD NW .
NOW THEREFORE, BE IT RESOLVED by the City Council of Andover,
Minnesota that the work completed is hereby accepted and approved; and
BE IT FURTHER RESOLVED that the City Clerk and Mayor are hereby
directed to issue a proper order for the final payment, reimbursing the contractor's
receipt in full.
MOTION seconded by Councilmember and adopted by the
City Council at a reqular meeting this ~ day of Julv . 2000 , with
Councilrr embers voting in
favor of tile resolution, and Councilmembers voting
against, whereupon said resolution was passed.
CITY OF ANDOVER
ATTEST:
J.E. McKelvey - Mayor
Victoria Volk - City Clerk
CITY OF ANDOVER
FINAL PAYMENT
; Estimate No. 1 (Final) Period Ending 6/29/00 Sheet 1 of 2
Project 142XX Round Lake Blvd. NW, 00-14 Original Quote Amount
$ 11,516.00
Location Andover
Contractor Volk Sewer & Water
Total Quote Work Completed $ 10,171.00
Total Amount Earned This Estimate $ 10,171.00
Less Approved Credits $ -0-
Less 0 Percent Retained $ -0-
Less Previous l:Jayments $ -0-
Total Deductions $ -0-
Retainage Released $ -o-
j
Amount Due This Estimate $ 10,171.00
I, agree to the above estimate.
Contractor
Date
City Engineer _ Date
Received payment in full of above estimate in the amount of $ 10.171.00
Contractor Date
j
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
; DATE: lune 6. 2000
AGENDA SECTION ORIGINATING DEPARTMENT
Non-Discussion/Consent Item
Finance
Jim Dickinson
ITEM NO.
~prove Hire/lS Coordinator
Request:
The Andover City Council is requested to approve the hiring of Scott Allen to fill the position ofIS
Coordinator. A tentative offer subject to council approval was negotiated with Mr. Allen. The salary
proposed is within the salary range advertised ($41,491 to $52,520). Terms are as follows:
Start = $46,218 annualized (Step 2)
Six months = $47,793 annualized (Step 3)
Benefits to be placed at 5 years upon completion of probation.
The salary range for this position was determined using the same criteria used to determine the 2000
salaries for all other city positions
Mr. Allen has over 6 years experience in the Information Services field, has numerous certifications,
excellent reference:; and is an Andover resident.
Note:
At the May 2, 2000 City Council meeting the Council approved a joint powers agreement with the City of Elk
River to partner in the hiring of an Information Services Coordinator. This position will be employed in
accordance with the attached joint powers agreement, position description and salary schedule.
,
,
j
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE: luly 5. 2000
AGENDA SECTION ORIGINATING DEPARTMENT
Add-on To Item 21 City Clerk
ITEM NO.
Approve Kennel License
The City Council is requested to approve a commercial kennel license renewal for Rob-Lyn
Hiltz, dba Blue Collar St. Bernards, 16541 Valley Drive NW.
All licensing requirements have been met.
DATE July 5,2000 a\'(l ~ ~~L t~\
ITEMS GIVEN TO THE CITY. COUNCIL . \;f ~
. Planning and Zoning Minutes - June 13, 2000
. Park & Recreation Minutes - June 15, 2000
. Letter "from Peter Leslie - June 27, 2000
. Memo from Todd Haas - June 29, 2000
. Andover Station III Preliminary Plat & Final Plat
. Andover Station II/Association Documents
. Andover Station II/Final Landscape Plan
. Schedule of Bills
PLEASE ADDRESS THESE ITEMS AT THIS MEETING OR PUT THEM ON
THE NEXT AGENDA.
THANK YOU.
.
CITY of ANDOVER
MEMOI'~ANDUM
TO: Mayor and City Council
COPIES TO: Richard Fursman, Frank Stone
FROM: Todd J. Haas, Asst. City Engineer ,..
DATE: June 29, 2000
REFEREI\lCE: Slyzuk's Farm Road West of Nightingale Street NW
-------,---------------------------------------------------------------
-------,---------------------------------------------------------------
I spoke to Frank Stone of Public Works about this. Frank has already installed temporary
orange fencing around the cul-de-sac. Map is attached of the location.
Signs will be installed very soon stating "Private Property - No Trespassing". The orange
fencing will stay up until the problems are gone. Once the problems no longer exist, Frank
will be installing Type III Barricades.
It is also our understanding that the Sheriff's Department has been patrolling the area during
the nighttime hours to apprehend the individuals that have been creating the problems.
.
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.
CITY OF ANDOVER
. REQUEST FOR COUNCIL ACTION
Date July 5, 2000
AGENDA
SECTION ORIGINATING DEPARTMENT
Approval of Claims Finance
Jim Dickinson
lITEM NO. Schedule of Bills I
REQUEST:
-
The Andover City Council is requested to approve total claims in the amount of $1,288,518.90 .
BACKGROUND:
Claims totaling $324,161.34 on disbursement edit list #1 dated 06-27-2000 have been issued and released.
Claims totaling $964,357.56 on disbursement edit list #2 dated 07-05-2000 will be issued and released upon
Council approval.
Date: 07-05-2000 Approved By:
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SERIES OF EVENTS AS THEY OCCURRED
10/26/98 - Lot Surveys Company surveys our lot for Zaudtke Home Builders prior to any work
beginning. Existing elevations with proposed elevations submitted to the city.
Easement area is approximately 2' too high.
01/28/99 - We close on the purchase of our home. Lot excavation and grade is not completed,
money is escrowed for the work to be complete by June 1999.
02/02/99 - Lot Surveys Company surveys the lot to the north prior to building begins. Easement
iIl"ea that is adjacent to ours is 2' too high.
05/19/99 - Lot Surveys Company perform fmal "as built" survey for lot to the north. Lot is the
same elevation levels in the easement area as previous survey, still 2' too high. This
survey is accepted by the city, allowing the homeowners to complete their closing.
06/09/99 - We are informed by our builder that he is filing bankruptcy and will not be able to
complete any of our escrowed work. He signs over the escrow to us so we can hire
contractors to complete the work which includes the excavation of our lot.
06/15/99 - Lot is excavated by Dan Christensen. Work is halted by Scott Erickson, the
City Engineer, because Dan was adding fill to the easement area in an effort to make
the lot more level. Scott orders Dan to immediately restore the lot to its previous state.
Dan does as ordered.
06/21/99 - We meet with Todd Haas, Assistant City Engineer, and Dave
Almgren, Building Administrator, on our property to work out an acceptable grading
plan that will give us a usable yard while stilJ complying with the easement
requirements. The plan agreed upon involved removing dirt from the non-easement
area of our backyard to make it level with the lowest elevations of the easement area.
We wrote up the agreement for the City to sign using the elevation numbers that were
approved and we assumed existed since the lot to the north was a finished lot and our
two lots "matched" up.
08/09/99 - B & M Landscaping excavate lot according to new proposed grading plan.
08/12/99 - Lot Survey Company surveys our lot for fmal "as built" and survey is submitted to the
City for release of escrow.
09/10/99 - We contact City to inquire as to the status of the release of our escrowed funds. We
are told by Scott Erickson there is a problem and he will need to meet with us.
09/15/99 - Chris meets with Scott Erickson, the City Engineer, who informs Chris that OUT lot is
too high and it must be re-excavated.
09/16/99 -I contact Scott Erickson to request a meeting for further explanation because I didn't
understand the problem, how it happened, and who is responsible. I also wanted to
know why we hadn't been notified sooner since now our lot was now finished and the
sod had taken root.
",( /
,
09/27/99 - [meet with Scott Erickson where he explains the problem is the lot is excavated two
feet too high. He blames Lot Survey Company for not informing us of the problem.
09/28/99 - Lot Survey Company resurveys our lot and places cut and fill stakes on our lot. They
inform us that if they cut the lot down to the original proposed numbers, we will have
a drainage problem.
11/16/99 - Appeared before the City Council to request release of our escrow. We are voted
:lown because the Council is told by Scott Erickson that our lot being excavated too
l1igh was caused by our first excavator not getting all the fill removed.
11/18/99 - Builder to the south of us excavates the unfmished lot per Scott Erickson's
instructions.
,
LOT ~URVEYS COMPANY, INC. 0\vfl
LAND SURVEYORS
ZAUDTXE H<<K: BU ILI>ERS ,
REGIS1l!RED UNDER THE LAWS OF STATE OF MINNESOTA
\
780' 73n:I Ave; No. 58O-3l>>3 INVOICE NO. 51331
\ Mlnneapolle, Mlmnota 55428
INDUSTRIAL. JUDICIAL F. e. NO. 797-20
COMMERCIAL - TOPOGFtt PHICAl &urbtpor!' Certificate SCAlE 1'.. 30'
CITY LOTS - PLATTING O. DENOTES IRON,
e Denote. hn Monument Property located in Section l\ob.o ,
Prapoeed Top of BIocIc
a Denot.. Wood ..Ub Set 23. Township 32, Range Z4,~~S PropoMd C<<-. Floor
fOf' .lCCO'totlon clrly Anob .<;oun:ty. "iJ1ne~ota J'f\~ ')
JtOOOO Denot.. Exlltl"9 E1evation ,~)' '. :.",' '; }:Jt-',~' ::.~j ..J~ 1'FI ~ . Propo.ed Lo_t Roor
@o~O) Denot.1 PrOf:lC*ld Elevation ii~e';T i~ ;:~~"j JC3 SETE Type of 9.JId1n9
.. "'~ ~""'"."''".' '~'''-p'''1'''~ " .......fv 1!>A~~Eu~
~.;' -:.;' ~':.,,;' '; ,'ll.l,~ l"") f; .; 4 '.i~ "" '-""'
--q Denot.. Su-foee Oralnoge .~ -'~ .. 1>' ""',; ~..'~ ,_~ ~.:~:; \oi ':".~..'4~
--. ., .~~ (;;i~ lAv~ \01,..)0-.,)\
-. - ....---
. , .
GAR.AGE FLeeR S:-t~~l B~ MrN1MUM rnH
A"Qf'V'; ~~'i'~;T'.J"'\ ,T~;:=7 ''\C'jnC' \/lITH n~' ,--
""U _,~\_...,..;,.l ,-,,!,\,-~. J.;H'L.:.. 'Ji
. M,AX"'" '" "I ",.,c ,,., ,e' ""a - C\
"$ ".~,-,.,. ':;_~Il...Ur _~ ;:.K........ :~_". ..\.-. , .. '\--
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Let 8. Block 4, CHESTERTON COHMONS "
.1
Pfopos.d building inlomlatlon mUlt be checked with approved building plan
~Ior. .xcavation Ind cflnstNC:tlon.
The only MSllTlInta shOfm .,.. from plats of rec::ocU or l"tormatlon prgorided by
dlent.
W. hereby certify that fTla II . true and ccrrec:t ~. w1
lion of a IUrvey of the boundaMe of the above deecrlbed
land and the location elf an buildIng. Ind visible
enc:roachrnec1t8, If 1I'r'f, froc" or on laid land.
Slpd
SUfYe~ by ~ lhIe 26tt~day of October 19-.!8 o-tn F. Mder~ Nlm. R~ No.2\7S3
'*It -.0'" "BfFoRE DlI.Lb,HGr- 1lEC,M .
~ NOl'f: "'...... pie .. rtJect
10 r-.ct. of d t.. ..
PropoMd buIoI3 Informatlan .
.,.,., be ~ ..... appro"."
~ plan cnl cMwelopmlnt or
~ 9f'CICllni plan bofor. _tIan
ond _!ruel/on.
<\ ch.O PropoMd TClp 0' IlIock -
~oS,S Propoeed lb'am- Floor .-h .
f>C\~.CI' Propoeed lowcet floor
T1JMI of a.DdIrill
Nu.. ..f1~~~ I.J~
2,;.. ~ r--., t'fIir I
~:L,
t
~
N
II;
. .
/JrIUfY' I c:r<IIlNMe
~l1l!tJr,- __
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.
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b . pf1l~
;~; ~l
~~~
~ f' ~~ l~~
Propo.o<I buiklln9 in/ormotion ""..I be ..heoked ..ilh approved b
pJon bel.".. ..covotlon and cans Iructian. Lot 7. Block 4. CHESTERTON CCH40NS
The only easemenl. .hown oro Irom plot. of record or In/ormo ion
provided b~ ctient. ~ 4(J[L
We hereby cer lily th<ll thl. I. ~ lrue and correct represenlollon of
o survey of tile bot.o1clo<i.e of the above dlecribed land ond thl
locotlon 01 all buildl"9S and ,,1.i1~e encroochment.. I' on~. 'rom or on
.oid Iond. Sl9lI4
Surveyed by us Ihis 2nd. dlry 0' FPhrn;lry , 9..!I!L , QlcI1ft F'. AndIrlon, NJm. Rot- No.21 ~
.
".IT", ().LoT~,a'~oRf au'&"b'''~ JEUtN I.il
Nl1rfJ' lot ~Io"'f. bu.. 1J( ~ ~.."
zo{~
- ,.. 1/~
EstabUBhed in 1962 INVOICE NO. 51962
LOT SURVEYS COMPAMV liMe. r .B.NO Calc. Sheet
LAND SURVEYORS SCALE: 1" .... 20'
REGISTERED UNDER THE LAYS or STATE OF 1IlNNISOTA /
TOOl 'r.'rcl Anllue Korlll 81z-eao-3ot3 , .: . ",.,
raz No. lleO-3l12a
MEDAlIST HlICES MIJul_polI.. )8__'a 6lI41l1
&"1"U.r901"S at.r1"tifirat.r
Property located in Section
o Denot.. hn ~~ 23, Tcnmship 32, Range 24,
D DInot.. Wood tUI Set Anolca County, Minnesota
I ,...~~. '.:
1tOOO.o. Denot_,~..oftatlan.' ".
@!> Denot_ Propa....o-tIOn
"l Denot_ $lrtO:tl ~
~ NOm. F\ l.,. g. Id ..,-ad.. ... "'~t
t.o reNt. of IICIII _t..
\ \ ~~.I . ~ ,.-\ I I....... U...'" I ~~
. ~I ~ ,
~~ ""to .
......
Lot 7. Block 4. CIIESTERTON ClltMllNS
Thl MY 1000_ta lhown ore fr DIll plata of record Q/' InlorlllCltlcln _ffiQ 100-
provl~d by cHenL
We hereby certify that thl. I. a true and correct r...entatlon of
a _v,y of the boundGrl" of the Clbo", de_bed IancI and 1M
location of III bultcI1nQ. _ vl.1bIe 'ncroa~. If Cll\Y. from or an
aald land. ChG1ee F. Anderean, ...... Reg. No.2 1 78.'S or
Su"vay,d by u. thla 19th day of May llP~ Oreoory R. Pr~ .-m Rat No. 24m
tJoR-r" I.." FIliAl. 'AS ,
1U, e.:r
F.tt (.LO"N(, ON -rile "',aj'
-au ,..:r TREttE.
, .+1
TEL No. Nov 29.99 16:43 No.009 P.02
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I
ANDOVER STATION II OWNERS ASSOCIATION
ACTION OF THE INCORPORATOR
BY UNANIMOUS WRITTEN CONSENT
The undersigned, being the incorporator named in the Articles
of Incorporation of the Andover Station II Owners Association, a
Minnesota corporation, gives his written consent to the adoption of
the resolutions set forth below and instructs the secretary of the
corporation to file this writing with the minutes of the
corporation:
h
RESOLVED, that the following persons are elected
directors of the corporation to serve until their
successors are elected:
Anthony J. Emmerich
Michael Quigley
Gary Gorham
II.
RESOLVED, that the Bylaws prepared by counsel to the
corporation and reviewed by the directors are adopted as
the Bylaws of this corporation, and the Secretary is
instructed to mark a copy for identification and place it
with the minutes of the corporation.
III.
RESOLVED, that the following named persons be elected to
serve in the offices set forth opposite their respective
names until their successors shall have been elected and
shall qualify:
Anthony J. Emmerich President
Gary Gorham Secretary/Treasurer
IV.
RESOLVED, that this corporation establish an account for
the deposit of the corporation's fund with First National
Bank of Elk River.
.
J.
J,
RESOLVED, that the Secretary is instructed to prepare. and
certify (and attach to this writing as an Exhibit) the
appropriate form of resolutions required by the bank to
evidence the authority conferred by these resolutions,
and such resolutions are thereupon hereby incorporated
and adopted by reference to the same extent as if set
forth in full herein.
Y....
RESOLVED, that this corporation shall not have a
corporate seal.
VI.
RESOLVED, that the fiscal year of this corporation shall
end on December 31.
Effective Date:
Anthony J. Emmerich
2
~.
"
ARTICLES OF INCORPORATION
OF
ANDOVER STATION II OWNERS ASSOCIATION
The undersigned, being of full age, for the purpose of forming
a non-profit corporation under Chapter 317 of the Minnesota
Statutes, as amended, hereby associate ourselves as a body
corporate and adopt these Articles of Incorporation.
ARTICLE I
Name
The name of the corporation shall be the ANDOVER STATION II
OWNERS ASSOCIATION. There shall be no corporate seal.
ARTICLE II
Reqistered Office
The registered office of the ANDOVER STATION II OWNERS
ASSOCIATION shall be located at 10738 Hanson Boulevard, Coon
Rapids, Minnesota 55433.
ARTICLE III
Purpose and Powers of the Association
The purposes of the Andover Station II Owners Association are:
to provide for improvement and maintenance of the Common Property
located within the Anoka County and to promote the recreation,
health, safety and welfare of the residents within Andover Station
II .
To accomplish the foregoing purposes, Andover Station II
Owners Association, shall have the following powers:
(a) To exercise all of the powers and privileges and to
perform all of the duties and obligations of the Andover
Station II Association, as set forth in that certain
Declaration of Covenants, Conditions and Restrictions,
hereinafter called the "Declaration", and as the same may
be amended from time to time as therein provided, said
Declaration being incorporated herein as if set forth at
length;
(b) To fix, levy, collect and enforce payment by any lawful
means, all charges or assessments pursuant to the terms
of the Declaration; to pay all expenses in connection
therewith and all office and other expenses incident to
the conduct of the business of the Andover Station II
to-.
I.
Owners Association, including all licenses, taxes or
governmental charges levied or imposed against the
property of the Andover Station II Owners Association;
(c) To acquire (by gift, purchase or otherwise) , own, hold,
improve, build upon, operate, maintain, convey, sell,
lease, transfer, dedicate for public use or otherwise
dispose of real or personal property in connection with
the affairs of the Andover Station II Owners Association;
(d) To borrow money, and with the assent of members holding
two-thirds (2/3 ) of the votes in each class of voting
membership mortgage, pledge, deed in trust, or
hypothecate any or all of its real or personal property
as security for money borrowed or debts incurred;
(e) To dedicate, sell or transfer all or any part of the
Common Area of the Andover Station II Owners Association
to any public agency, authority, or utility for such
purposes and subject to such conditions as the Andover
Station II Owners Association, shall deem appropriate.
No such dedication or transfer shall be effective unless
an instrument directing such dedication, sale or transfer
has been signed by members holding two-thirds (2/3 ) of
the votes in each class of voting membership;
(f) To participate in mergers and consolidations with other
non-profit corporations organized for the same purposes
or annex additional residential property and Common Area,
provided that any such merger, consolidation or
annexation shall have the assents of members holding two-
thirds (2/3) of the votes in each class of voting
membership;
(g) To have and to exercise any and all powers, rights and
privileges which a corporation organized under the Non-
Profit Corporation Law of the State of Minnesota by law
may now or hereafter have or exercise.
ARTICLE IV
No Pecuniary Gain to Members
Each owner of a Lot which is subject to assessment by the
Association shall be a member of the Association. Membership shall
be appurtenant to and may not be separated from ownership of such
Lot.
The Association shall have two classes of voting membership:
Class A. Class A members shall be all Owners of one
or more Lots, except 116, LLC, (the "Declarant") . Each Class
2
. .
,
A member shall be entitled to one vote for each Lot owned by
him. When more than one person own any Lot, all such persons,
shall be members. The vote for such Lot shall be exercised as
they among themselves determine, but in no event shall more
than one vote be cast with respect to anyone Lot.
Class B. The Class B members shall be 116, LLC, its
successors and assigns, the Declarant. The Class B members
shall be entitled to three votes for each Lot owned by them
which is shown on a development plan which has been approved
by the City of Andover and shown on Plat or Plats subject to
the Declaration. Upon completion of the purchase of a Lot
from Declarant and construction of a building thereon, the
owner of such Lot shall be entitled to vote as a Class A
member and the Class B members shall no longer be entitled to
any votes with respect to that Lot.
The Class B member shall cease when Class A memberships
on each Lot have been established for all property now and
hereafter subject to the Declaration.
ARTICLE VI
Board of Directors
The affairs of the Andover Station II Owners Association shall
be managed by a Board of Directors. The number of directors shall
be prescribed in the Bylaws of the Andover Station II Association.
The initial Board of Directors shall consist of three (3)
directors, each of whom shall continue in office until the first
meeting of the members and until his successor is elected and
qualified. The names and addresses of the members of the first
Board of Directors are as follows:
Anthony J. Emmerich 10738 Hanson Boulevard
Coon Rapids, MN. 55433
Michael Quigley 10738 Hanson Boulevard
Coon Rapids, MN. 55433
Gary Gorham 10738 Hanson Boulevard
Coon Rapids, MN. 55433
3
, .
,
ARTICLE VII
Dissolution
The Association may be dissolved with the assent given in
writing and signed by members holding not less than two-thirds
(2/3) of the votes in each class of voting membership. Upon
dissolution of the Association, other than incident to a merger or
corisolidation, the assets of the Association shall be dedicated to
an appropriate public agency to be used for purposes similar to
those for which this Association is created. In the event that
such dedication is refused acceptance, such assets shall be
granted, conveyed and assigned to any nonprofit corporation,
association, trust and assigned to any nonprofit corporation,
association, trust or other organization to be devoted to such
similar purposes.
ARTICLE VIII
Duration
The duration of the Andover Station II Owners Association
shall be perpetual.
ARTICLE IX
Incorporators
The following person constitutes the incorporator who is
forming the Andover Station II Owners Association:
Anthony J. Emmerich 10738 Hanson Boulevard
Coon Rapids, MN. 55433
ARTICLE X
Capital Stock
The Andover Station II Owners Association shall have no
capital stock.
ARTICLE XI
Personal Liabilitv of Members
The members of the Andover Station II Owners Association shall
have no liability for obligations of Andover Station II Owners
Association.
4
.
~
ARTICLE XII
Amendments
These Articles of Incorporation may be amended, at a regular
or special meeting of the members, by a vote of members holding not
less than two-thirds (2/3) of the votes in each class of voting
membership, present in person or by proxy.
IN WITNESS WHEREOF, the undersigned has executed these
Articles of Incorporation this day of ,
-
2000.
Anthony J. Emmerich
STATE OF MINNESOTA)
) s. s.
COUNTY OF )
On thi s _ day of , 2000, before me a Notary
Public within and for said County, personally appeared Anthony J.
Emmerich, to me known to be the person described in and who
executed the foregoing instrument and acknowledged that he executed
the same as his free act and deed.
Notary Public
5
....
. ,
BY-LAWS
OF
ANDOVER STATION II OWNERS ASSOCIATION
ARTICLE I
NAME AND LOCATION
The name of the corporation is the ANDOVER STATION II OWNERS
ASSOCIATION hereinafter referred to as the "Association". The
principal office of the corporation shall be located at 10738
Hanson Boulevard, Coon Rapids, Minnesota 55433, but meetings and
members and directors may be held at such places within the State
of Minnesota, County of Anoka, as may be designated by the Board of
Directors.
ARTICLE II
DEFINITIONS
Section 1. "Association" shall mean and refer to the ANDOVER
STATION II OWNERS ASSOCIATION, its successors and assigns.
Section 2. "Properties" shall mean and refer to that certain
real property described in the Declaration of Covenants, Conditions
and Restrictions, and such additions thereto as may hereafter be
brought within the jurisdiction of the Association.
Section 3. "Lot" shall mean and refer to any plat of land
shown upon any recorded subdivision map of the properties.
Section 4. "Owner" shall mean and refer to the record owner,
whether one or more persons or entities, of the fee simple title to
any Lot which is a part of the properties, including contract
05120
"
.
sellers, but excluding those having such interest merely as
security for the performance of an obligation.
Section 5. "Declarant" shall mean and refer to 116, LLC, a
Minnesota limited liability company, its successors or assigns.
Section 6. "Declaration" shall mean and refer to the
Declaration of Covenants, Conditions and Restrictions applicable to
the properties recorded in the office of the County Recorder for
Anoka County, Minnesota, as Andover Station II.
Section 7. "Members" shall mean and refer to those persons
entitled to membership as provided in the Declaration.
ARTICLE III
MEETING OF MEMBERS
Section 1. Annual Meetinqs. The first annual meeting of the
members shall be held within one year from the date of
incorporation of the Association, and each subsequent regular
annual meeting of the members shall be held on the same day of the
same month of each thereafter, at the hour of 7:00 o'clock P.M. If
the day for the annual meeting is a legal holiday, the meeting will
be held at the same hour on the first day following which is not a
legal holiday.
Section 2. Special Meetinqs. Special meetings of the members
may be called at any time by the President or by the Board of
Directors, or upon written request of the members who are entitled
to vote 1/4 of all the votes of the membership.
Section 3. Notice of Meetinqs. Written notice of each
meeting of the members shall be given by, or at the director of,
05120 2
.
the secretary or person authorized to call the meeting, by mailing
a copy of such notice, postage prepaid, at least fifteen (15) days
before such meeting to each member entitled to vote thereat,
addressed to the member's address last appearing on the books of
the Association, or supplied by such member to the Association for
the purpose of notice. Such notice shall specify the place, day,
and hour of the meeting, and, in the case of a special meeting, the
purpose of the meeting.
Section 4. Quorum. The presence at the meeting of members
entitled to cast or proxies entitled to cast, twenty-five (25%)
percent of the votes of the members shall constitute a quorum from
any action unless otherwise provided in the Articles of
Incorporation, the Declarations, or these By-Laws. If, however,
such quorum shall not be present or represented at any meeting, the
members present and entitled to vote shall have power to adjourn
the meeting from time to time, without notice other than
announcement at the meeting, until a quorum as aforesaid shall be
present or be represented.
Section 5. Proxies. At all meetings of members, each member
may vote in person or by proxy. All proxies shall be in writing
and filed with the Secretary. Every proxy shall be revocable and
shall automatically cease upon conveyance by the member of his Lot.
ARTICLE IV
BOARD OF DIRECTORS: SELECTION: TERM OF OFFICE
Section 1. Number. The affairs of this Association shall be
managed by a Board of three (3) Directors, who need not be members
05120 3
of the Association.
Section 1. Term of Office. At the first annual meeting the
members shall elect one (1) director for a term of one (1) year,
two (2) directors for a term of two (2) years, and two (2)
directors for a term of three (3) years; and at each annual meeting
thereafter the members shall elect three (3) directors for term of
three (3 ) years.
Section 3. Removal. Any Director may be removed from the
Board, with our without cause, by a majority vote of the members of
the Association. In the event of death, resignation or removal of
a director, a successor shall be selected by the remaining members
of the Board and shall serve for the unexpired term of his
predecessor.
Section 4. Compensation. No director shall receive
compensation for any serv~ce the director may render to the
Association. However, any director may be reimbursed for actual
expenses incurred in the performance of duties.
Section 5 . Action Taken Without a Meetinq. The Directors
shall have the right to take any action in the absence of a meeting
which they could take at a meeting by obtaining the written
approval of all the Directors. Any action so approved shall have
the same effect as though taken at a meeting of the Directors.
ARTICLE V
NOMINATION AND ELECTION OF DIRECTORS
Section 1. Nomination for election to the Board of Directors
shall be made by a Nominating Committee. Nominations may also be
05120 4
made from the floor at the annual meeting. The Nominating
Committee shall consist of a chairman, who shall be a member of the
Board of Directors, and two or more members of the Association.
The Nominating Committee shall be appointed by the Board of
Directors prior to each annual meeting of the members to serve from
the close of such annual meeting until the close of the next annual
meeting and such appointments shall be announced at each annual
meeting. The Nominating Committee shall make as many nominations
for election to the Board of Directors as it shall in its
discretion determine, but not less than the number of vacancies
that are to be filled. Such nominations may be made from among
members or nonmembers.
Section 2. Election. Election to the Board of Directors
shall be by secret written ballot. At such election the members or
their proxies may cast, in respect to each vacancy, as many votes
as they are entitled to exercise under the provisions of the
Declaration. The persons receiving the largest number of votes
shall be elected. Cumulative voting is not permitted.
ARTICLE VI
MEETINGS OF DIRECTORS
Section 1. Reaular Meetinqs. Regular meetings of the Board
of Directors shall be held monthly without notice, at such place
and hour as may be fixed from time to time by resolution of the
Board. Should said meeting fall upon a legal holiday, then that
meeting should be held at the same time on the next day which is
not a legal holiday.
051.20 5
Section 2. Special Meetinas. Special meetings of the Board
of Directors shall be held when called by the President of the
Association, or by any two directors, after not less than three
days notice to each director.
Section 3. Quorum. A majority of the number of directors
shall constitute a quorum for the transaction of business. Every
act or decision done or made by a majority of the directors present
at a duly held meeting or which a quorum. is present shall be
regarded as the act of the Board.
ARTICLE VII
POWERS AND DUTIES OF THE BOARD OF DIRECTORS
Section 1. Powers. The Board of Directors shall have power
to:
(a) Adopt and publish rules and regulations governing the use
of the Common Area and the maintenance thereof.
(b) Levy assessments as more fully set forth in Article XI of
these By-Laws and in the Declarations, for ' the
maintenance, repair, and insurabil i ty of the Common Area;
(c) Exercise for the Association all powers, duties and
authority vested in or delegated to this Association and
not reserved to the membership by other provisions of
these By-Laws, the Articles of Incorporation, or the
Declaration;
(d) Declare the office of a member of the Board of Directors
to be vacant in the event such member shall be absent
from three consecutive regular meetings of the Board of
Directors;
(e) Employ a groundskeeper, an independent contractor, or
such others as the Board deems necessary, to insure the
continued maintenance of the Common Area; and
(f) Obtain liability insurance for the Common Area in an
amount deemed appropriate by the Board.
05120 6
.
Section 2. Duties. It shall be the duty of the Board of
Directors to:
(a) Cause to be kept a complete record of all its acts and
corporate affairs and to present a statement thereof to
the members at the annual meeting of the members, or at
any special meeting when such statement is requested in
writing by 1/4 of the members who are entitled to vote;
(b) Supervise all offices, agents and employees of the
Association and to see that their duties are properly
performed;
(c) As more fully provided in the Declaration, to:
(1) Fix the amount of the annual assessment against
each lot as least thirty (30) days in advance of
each annual assessment;
(2) Send written notice of each assessment to every
owner subject thereto at least thirty (30) days in
advance of each annual assessment; and
(3) Foreclose the lien against any property for which
assessments are not paid within thirty (30) days
after due date or to bring an action at law against
the owner personally obligated to pay the same.
(d) Issue or to cause an appropriate officer to issue, upon
demand by any person, a certificate setting forth whether
or not any assessment has been paid. A reasonable charge
may be made by the Board for the issuance of these
certificates. If a certificate states an assessment has
been paid, such certificate shall be conclusive evidence
of such payment;
(e) Procure and maintain adequate liability and hazard
insurance on the Common Area;
(f) Cause all officers or employees having fiscal
responsibilities to be bonded, as the Board may deem
appropriate.
ARTICLE VIII
OFFICERS AND THEIR DUTIES
Section 1. Enumeration of Offices. The officer of this
Association shall be a president and vice-president, who shall at
05120 7
all times be members of the Board of Directors, a secretary, and a
treasurer, and such other officers as the Board may from time to
time by resolution create.
Section 2. Election of Officers. The election of officers
shall take place at the first meeting of the Board of Directors
following each annual meeting of the members.
Section 3. Tenn. The officers of this Association shall be
elected annually by the Board and each shall hold office for one
(1) year unless he shall sooner resign, or shall be removed, or
otherwise disqualified to serve.
Section 4. Special Appointments. The Board may elect such
other officers as the affairs of the Association may require, each
of whom shall hold office for such period, have such authority, and
perform such duties as the Board may, from time to time, determine.
Section 5. Resiqnation and Removal. Any officer may be
removed from office with or without cause by the Board. Any
officer may resign at any time giving written notice to the Board,
the president or the secretary. Such resignation shall take effect
on the date of receipt of such notice or at any later time
specified therein, and unless otherwise specified therein, the
acceptance of such resignation shall not be necessary to make it
effective.
Section 6. Vacancies. A vacancy in any office may be filled
by appointment by the Board. The officer appointed to such vacancy
shall serve for the remainder of the term of the officer he
replaces.
05120 8
Section 7. Multiple Offices. The offices of secretary and
treasurer may be held by the same person. No person shall
simultaneously hold more than one of any of the other offices
except in the case of special offices created pursuant to Section 4
of this Article.
Section 8 . Duties. The duties of the officers are as
follows:
President
(a) The president shall preside at all meetings of the Board
of Directors; shall see that orders and resolutions of the Board
are carried out; shall sign all leases, mortgages, deeds and other
written instruments and shall co-sign all checks and promissory
notes.
vice-President
(b) The vice-president shall act in the place and stead of
the president in the event of his absence, inability, or refusal to
act, and shall exercise and discharge such other duties as may be
required of him by the Board.
Secretary
(c) The secretary shall record the votes and keep the minutes
of all meetings and proceedings of the board and of the members;
keep the corporate seal of the Association and affix it on all
papers requiring said seal; serve notice of meetings of the Board
and of the members; keep appropriate current record showing the
members of the Association together with their addresses, and shall
perform such other duties as required by the Board.
051.20 9
Treasurer
(d) The treasurer shall receive and deposit in appropriate
bank accounts all monies of the Association and shall disburse such
funds as directed by resolution of the Board of Directorsj shall
sign all checks and promissory notes of the Associationj keep
proper books of accountj cause an annual audit of the Association
books to be made by a public accountant at the completion of each
fiscal yearj and shall prepare an annual budget and a statement of
income and expenditures to be presented to the membership at its
regular annual meeting, and deliver a copy of each to the members.
ARTICLE IX
COMMITTEES
The Association shall appoint a Nominating Committee, as
provided in these By-Laws. In addition the Board of Directors
shall appoint other committees as deemed appropriate in carrying ut
its purpose.
ARTICLE X
BOOKS AND RECORDS
The books, records and papers of the Association shall at all
times, during reasonable business hours, be subject to inspection
by any member. The Declaration, the Articles of Incorporation and
the By-Laws of the Association shall be available for inspection by
any member at the principal office of the Association, where copies
may be purchased at reasonable cost.
ARTICLE XI
ASSESSMENTS
05120 10
.
As more fully provided in the Declaration, each member ~s
obligated to pay to the Association annual and special assessments
which are secured by a continuing lien upon the property against
which the assessment is made. Any assessments which are not paid
when due shall be delinquent. If the assessment is not paid within
thirty (30) days after the due date, the assessment shall bear
interest from the date of delinquency at the rate of six (6%)
percent per annum or the maximum allowable by law, whichever is
greater, and the Association may bring an action at law against the
owner personally obligated to pay the same or foreclose the lien
against the property, and interest, costs, and reasonable attorney
fees of any such action shall be added to the amount of such
assessment. No owner may waiver or otherwise escape liability for
the assessments provided for herein by abandonment of his Lot.
ARTICLE XII
AMENDMENTS
Section 1. These By-Laws may be amended, at a regular or
special meeting of the members, by a vote of a majority of a quorum
of members present in person or by proxy.
Section 2. In the case of any conflict between the Articles
of Incorporation and these By-Laws, the Articles shall control,. and
in the case of any conflict between the Declaration and these By-
Laws, the Declaration shall control.
05120 11
.
ARTICLE XIII
MISCELLANEOUS
This fiscal year of the Association shall begin on the first
day of January and end on the 31st day of December of every year,
except that the first fiscal year shall being on the date of
incorporation.
IN WITNESS WHEREOF, we being all of the directors of the
ANDOVER STATION II OWNERS ASSOCIATION have hereunto set out hands
this day of , 2000.
Anthony J. Emmerich
Michael Quigley
Gary Gorham
STATE OF MINNESOTA)
)SS
COUNTY OF )
The foregoing instrument was acknowledged before me this
_ day of , 2000,by ,
, and of the ANDOVER
STATION II OWNERS ASSOCIATION, a Minnesota corporation, on behalf
of the corporation.
Notary Public
05120 12
.
i
CERTIFICATION
I, the undersigned, do hereby certify:
THAT, I am duly elected and acting secretary of the ANDOVER
STATION II OWNERS ASSOCIATION, a Minnesota corporation, and,
THAT the foregoing By-Laws constitute the original By-Laws of
said Association, as duly adopted at a meeting of the Board of
Directors thereof, held on the day of , 2000.
IN WITNESS WHEREOF, I have hereunto subscribed my name on
behalf of said Association this _ day of , 2000.
Secretary
051.20 13
, "'.
.
DECLARATION OF
COVENANTS, CONDITIONS AND RESTRICTIONS
TABLE OF CONTENTS
Page No.
Article I - Definitions 2-3
Article II - Property Subject to
This Declaration 4
Article III - Membership and Voting Rights
In the Association 4
Article IV - Rights and Obligations
of Owners 5-6-7-8
Article V - Rights and Obligations
of the Association 8-9
Article VI - Covenants and Assessments 9-10-11-12-13
Article VII - Insurance and Reconstruction 13
Article VIII - Architectural Control 14-15-16
Article IX - Maintenance of Common Property 16
Article X - Easements 17
Article XI - Rights of First Mortgagees 17-18-19
Article XII - Amendments 19
Article XIII - Compliance, Sanctions and Remedies 19-20
21-22
Article XIV - General Provisions 22-23
Exhibit "A" - Legal Description 24
DECLARATION OF
COVENANTS, CONDITIONS, AND RESTRICTIONS
THIS DECLARATION made this _ day of , 2000, by
116, LLC, a Minnesota limited liability company, hereinafter
referred to as "Declarant".
WITNESSETH:
WHEREAS, Declarant 116, LLC is the owner of certain real
property located in the City of Andover, Anoka County, Minnesota,
all of said property platted or to be platted as Andover Station II
and more particularly described in Article II below and Exhibit "A"
attached hereto, herein the "Property" .
WHEREAS, Declarant desires to create a community of compatible
and complimentary commercial and office building for the benefit of
the owners and to protect the value and desirability of Andover
Station II; and
WHEREAS, Declarant has deemed it desirable for the
preservation of Andover Station II and for the assurance of
consistent quality and architectural design to establish certain
restrictions and covenants as to how Andover Station II may be
developed; and
WHEREAS, Declarant intends that certain of the following
covenants and restrictions are to be administered and enforced by
Declarant and Andover Station II Owners Association established for
Andover Station II for the purposes expressed in the Articles of
Incorporation for Andover Station II Owners Association; and
NOW, THEREFORE, Declarant hereby declares that all of the
properties described above, known as Andover Station II, and such
additions thereto as may hereinafter be brought within the
jurisdiction of the Association, shall be held, sold, and conveyed
subject to the following restrictions, covenants and conditions
which are for the purpose of protecting the value and desirability
of, and which shall run with the real property and be binding on
all parties having any right, title or interest in the described
properties or any part thereof, their heirs, successors and assigns
and shall inure to the benefit of each owner thereof.
05120
ARTICLE I
DEFINITIONS
Section 1.1
The following words, when used in this Declaration (unless the
context shall prohibit), shall have the following meanings:
a. "ASSOCIATION" shall mean and refer to the Andover Station
II Owners Association, a nonprofit corporation created by
Declarant under the laws of the State of Minnesota for
the purpose of administering and enforcing on behalf of
the Owners the Covenants and Restrictions contained in
this Declaration.
b. "COMMON EXPENSES" shall mean and include (i) all expenses
approved or incurred by the Board of Directors by
Officers of the Association, pursuant to authority
granted by the Governing Documents or by law, in the
performance of their powers and duties; (ii) those items
identified as Common Expenses in this Declaration and in
the Association's Bylaws.
c. "COMMON PROPERTY" shall mean and refer to all real
property. improvements thereon and property rights and
easements owned by the Association for the common use and
enjoyment of the Owners. The Common Property to be owned
by the Association at the time of conveyance of the first
lots is legally described as Outlot, Anoka County,
Minnesota.
d. "DECLARANT" shall mean and refer to 116, LLC, a
Minnesota limited liability company, its successors and
assigns, if such successors and assigns should acquire
any undeveloped portions of the property from the
Declarant for the purpose of Development or by virtue of
foreclosure of a mortgage or by any transfer in lieu
thereof.
e "FIRST MORTGAGE" shall mean and refer to any person named
as a mortgagee under any mortgage against a Lot, which
mortgage is first in priori ty upon foreclosure to all
other mortgages against said Lot, or any successors in
interest to such person under said mortgage or any rights
arising therefrom.
f. "GOVERNING DOCUMENTS" shall mean and refer to this
Declaration, and the Articles of Incorporation and Bylaws
of the Association, as amended and supplemented from time
to time, all of which shall govern the use and operation
05120 2
of the property.
g. "LOT" shall mean and refer to any platted plot of land
shown upon recorded plat of property, excluding the
Common Property.
h. "ASSOCIATION MAINTENANCE AREA" shall mean the common
property and those areas of the Lots for which the
Association is responsible for maintaining in accordance
with these Declarations.
i. "MEMBER" shall mean and refer to members of the
Association as described in this Declaration and in the
Bylaws of the Association.
J . "OCCUPANT" shall mean and refer to each temporary or
permanent occupant of a dwelling constructed on a Lot,
whether said occupant is an Owner, tenant or other person
or entity.
k. "OWNER" shall mean and refer to the record owner, whether
one or more persons or entities, of the fee simple title
to any Lot except that if (i) a Lot is being sold in a
contract for deed, (ii) the contract vendee is in
possession of the Lot and (iii) the contract so provides,
then the vendee and not the vendor shall be deemed the
"Owner".
l. "PROPERTY" shall mean and refer collectively to all of
the real property now or hereafter submitted to the
Covenants and Restrictions of this Declaration.
m. "RULES AND REGULATIONS" shall mean and refer to the Rules
and Regulations of the Association as approved from time
to time by the Association pursuant to Section 5.3.
n. "BUILDING" shall mean and refer to any building located
on a Lot and designated and intended for use and
occupancy and including any accessory building which may
be adjacent to or within such building.
o. "ANDOVER STATION II" shall mean that part of the
Property which is platted as Andover Station II in one or
more additions.
05120 3
ARTICLE II.
PROPERTY SUBJECT TO THIS DECLARATION
Section 2.1 Property.
The Property shall mean and refer to all Lots and Blocks
in Andover Station II, a plat duly recorded in Anoka County,
Minnesota.
Section 2.2 Transfer of Lots.
The Lots shall be freely transferable in accordance with
the applicable laws of the State of Minnesota and the
provisions of the Governing Documents, provided, that the
share of an Owner in the assets of the Association, and the
Owner's rights and obligations as a member of the Association
cannot be assigned, pledged, encumbered, conveyed or
transferred in any manner, except as an appurtenance to his or
her lot.
ARTICLE III.
MEMBERSHIP AND VOTING RIGHTS IN THE ASSOCIATION
Section 3.1 Membership.
The qualifications of members and the manner of their
admission into the Association shall be as follows:
a. Every Owner shall, solely by virtue of such ownership
interest, be a member of the Association, and such
membership shall automatically cease when the person is
no longer an Owner. When one or more persons lS an
Owner, all such persons shall be Members.
b. It shall be the duty of each Owner to register Owner's
name, Lot address, the name and address of the Owner's
First Mortgagee, and the nature of the Owner's interest
with the Secretary of the Association. If the Owner does
not so register, the Association shall be under no duty
to recognize the Owner's ownership for purposes relating
to the operation of the Association, including voting,
but such failure to register shall not relieve the Owner
of the Owner's obligations under the Governing Documents.
c. Membership in the Association is appurtenant to ownership
of a Lot, and transfers of any interest of any Owner in
the Property may be made only in accordance with
provisions of the Governing Documents.
05120 4
Section 3.2 Voting Rights.
The Association shall have two classes of voting membership.
a. Class A Members. Class A members shall be all Owners,
with exception of the Declarant. Class A members shall
be entitled to one vote for each Lot of which they are
the Owner. When more than one person is an Owner of any
Lot, all such persons shall be members, but the Owners of
such Lot shall be collectively entitled to only one vote
for that Lot. When there is more than one Owner of a
Lot, the vote shall be cast by one person designated in
writing signed by all Owners of the Lot. Such voting
authority shall be valid until revoked in writing by such
Owners.
b. Class B Members. The Class B Member shall be the
Declarant who shall be entitled to three (3 ) votes for
each Lot owned. The Class B membership shall cease and
be converted to Class A membership upon the occurrence of
the earlier of the following (hereinafter called the
"Conversion Date") :
1) When the total votes outstanding in the Class A
membership equal the total votes outstanding in the
Class B membership,
or
2) December 31, 2003
ARTICLE IV.
RIGHTS AND OBLIGATIONS OF OWNERS
Section 4.1 Rights and Easements in Common Property.
Subject to the provisions of Section 4.2, every Owner shall
have the following non-exclusive, appurtenant rights and easements
of enjoyment over, under and upon the Common Property:
a. For access and use of utilities such as sewer, water,
gas, power, telephone and cable, which may be installed
by, for or with the permission of the Association.
b. For access by pedestrians or vehicle travel, subject to
reasonable regulation by the Association.
c. For parking as located and constructed by the Declarant
or the Association and as may be reasonably limited and
05120 5
regulated by the Association.
Section.4.2 Limitations on Owners' Rights and Easements.
Except as otherwise provided herein, the Owners' rights and
easements created hereby, the right of the Association to govern
the use and enjoyment of the Property, and the right and title of
the Association to the Common Property, shall be subject to the
following:
a. The right of the Association, in accordance with the
Governing Documents to maintain, repair and replace
portions of the Common Property and to maintain the
Association Maintenance Area pursuant to Article IX; and
b. The right of the Association, in accordance with the
Governing Documents, to improve the Common Property, and
in furtherance thereof to borrow money and to mortgage
said Common Property; provided, however, that the rights
of such mortgagee in said Common Property shall be
subordinate to this Declaration and to the rights of the
Owners and the First Mortgagees; and
c. The right of the Association to suspend the right of any
Owner to vote and the right of any Owner, Occupants of
the Owner's Lot and their respective guests to use the
Common Property for any period during which any
assessment against the Owner I s Lot remains unpaid and for
an additional period of up to 30 days for each violation
of the provisions of the Governing Documents and Rules
and Regulations by the Owner, Occupants of the Owner's
lot their respective guests; and
d. The right of the Owners to use the common parking areas,
if any, subject to reasonable regulation by the
Association; and
e. The right of the Association to dedicate or transfer all
or any part of the Common Property to any public agency,
authority, or utility for public or utility purposes
subject to written approval by Members entitled to cast
two-thirds (2/3) of the votes of each class of membership
and a like percentage of the First Mortgagees, or the
right of the Declarant to effect such a dedication or
transfer at its sole discretion prior to the Conversion
Date.
Section 4.3 Use of Lots.
In addition to any other restrictions that may be imposed by
the Governing Documents or by law, the use and conveyance of Lots
05120 6
shall be governed by the following provisions:
a. Each Lot and each Building constructed on a Lot shall be
in conformance only, with the use allowed under the
Zoning Ordinances and Regulations of the City of Andover,
as described in and authorized by the Governing Documents
and the Rules and Regulations.
b. Any lease between an Owner and a lessee shall be required
to provide that the terms of the lease shall be subject
in all respects to the provisions of the Governing
Documents and the Rules and Regulations, and that any
failure by the lessee to comply with the terms of such
documents shall be a default under the lease. The
Association may approve and enforce such other reasonable
rules and regulations governing leasing as it deems
necessary from time to time.
c. The Association shall construct, repair and maintain upon
the Common Property vehicle parking spaces and roadways
for the common use of the Owners, the Occupants and their
guests in accordance with applicable municipal
requirements and any parking regulations established by
the Association.
d. Each Lot shall be held, conveyed, encumbered, leased,
used and occupied subject to all covenants, conditions,
restrictions, uses, limitations and obligations expressed
in the Governing Documents and the Rules and Regulations.
All such covenants and obligations are in furtherance of
a plan for the preservation and enjoyment of the
Property, and shall be deemed to run with the land and be
a burden and benefit to any person acquiring or owning an
interest in the Property, their heirs, personal
representatives, grantees, successors and assigns. Each
Owner, Occupant and their guests shall use the owner's
Lot in such a manner as will not unduly restrict,
interfere with or impede the use by other Owners and
Occupants of their Lots.
e. No use shall be made of the property which would violate
the then existing municipal ordinances or state or
federal laws, nor shall any act or use be permitted which
would cause an increase in insurance rates on the
Property or otherwise tend to cause liability or
unwarranted expense for the Association or any Owner.
f. No alteration or improvement, of any type, temporary or
permanent shall be made or caused or suffered to be made
by an Owner or Occupant on the exterior of any Building
without the prior written authorization of the Board of
05120 7
Directors, or a Architectural Control Committee appointed
by it, pursuant to Article XIII of this Declaration.
g. In the event of damage to the Common Property caused by
the willful or negligent act of any Owner or Occupant, or
their guests, the Association shall have the right to
restore the Common Property to its prior condition and
assess the cost thereof against the Owner who violates,
or whose Occupants or guests violate, such provisions,
and such cost shall become a lien upon the Owner's Lot
and shall be due and payable upon demand.
Section 4.4 Delegation of Use.
Any Owner may delegate, In accordance with the Governing
Documents, the Owners right of enjoyment to the Common Property to
the Owners lessees who occupy the Building; but the Owner shall
remain responsible for any damages caused by the willful or
negligent acts of such persons, and such persons shall be subject
to the provisions of the Governing Documents.
Section 4.5 Taxes and Special Assessments on Common Property.
Any taxes or special assessments levied separately against the
Common Property by a governmental authority shall be divided and
levied against the Lots as the Association shall direct, which
levies shall be a lien against said Lots and shall be collectible
by the Association as part of the annual assessment, if the same
are not required to be paid directly to the governmental authority.
ARTICLE V.
RIGHTS AND OBLIGATIONS OF THE ASSOCIATION
Section 5.1 General.
The Association shall be responsible for the management and
control of the Common Property and all improvements thereon
(including furnishings and equipment related thereto) and shall
keep the same in good, clean, attractive and sanitary condition,
order and repair.
Section 5.2 Services.
The Association may contract and pay for the services of any
person or entity who or which is a professional property manager to
manage the Association I s affairs, or any part thereof, to the
extent it deems advisable. Such manager may employ such personnel
as the manager shall determine to be necessary or desirable for the
proper operation of the Association's affairs, whether such
personnel are furnished by the manager or by third parties hired by
Q21dQ 8
the manager. However, any such contract for professional
management shall provide for termination by either party, with
cause upon thirty (30) days prior written notice, and without cause
and without payment of a termination fee or penalty upon ninety
(90) days or less prior written notice. In addition, when
professional management of the Property has been required by any
First Mortgagee and ln fact utilized by the Association, any
decision to discontinue professional management and establish self-
management by the Association shall require the prior consent of:
(i) Owners of Lots to which at least sixty-seven percent (67%) of
the vote in the Association are allocated; and (ii) the approval of
First Mortgagee's holding mortgages on Lots to which are allocated
at least fifty-one percent (51%) of the votes in the Association.
Section 5.3 Rules and Regulations.
The Association may make such reasonable Rules and Regulations
governing the use, maintenance and enjoyment of the Common
Property, including but not limited to parking and access rules and
regulations, as it deems reasonably necessary, which Rules and
Regulations shall not be inconsistent with the rights and duties
established by the Governing Documents.
Section 5.4 Board of Directors.
The power and authority of the Association in the Governing
Documents and Rules and Regulations shall be vested in a Board of
Directors elected by the Owners in accordance with the Bylaws of
the Association. The Association shall act through the Board of
Directors, unless specifically provided otherwise in the Governing
Documents. Accordingly, all references to the Association shall
mean the Association acting through its Board of Directors.
ARTICLE VI.
COVENANTS AND ASSESSMENTS
Section 6.1 Creation of the Lien and Personal Ob1igati.on of
Assessments.
The Declarant, for each Lot owned within the Properties,
hereby covenants and each Owner of any Lot by acceptance of a deed
therefor, whether or not it shall be so expressed in such deed, is
deemed to covenant and agree to pay the Association: (1) annual
assessments or charges, and (2) special assessments for capital
improvements or capital equipment to be owned by the Association;
such assessments to be established and collected as hereinafter
provided. The annual and special assessments, together with
interest, costs, and reasonable attorney's fees, shall be a charge
on each Lot and shall be a continuing lien upon each Lot. Annual
assessments shall become a lien upon each Lot on the first day of
05120 9
January of the year in which such assessment ~s due and payable.
Special assessments shall become a lien on the earliest date any
part of the same is due and payable. Each such assessment,
together with interest, costs and reasonable attorney's fees, shall
also be the obligation of the person or entity which is the Owner
of such property at the time the assessment fell due. The personal
obligation for delinquent assessments shall not pass to the Owner's
successors in title unless expressly assumed by them.
Section 6.2 Purposes of Assessments.
The assessments levied by the Association shall be used
exclusively to promote the health, safety and welfare of the Owners
and occupants and their guests in the Property and for the
improvement and the maintenance of the Common Property and common
personal property thereon, including but not limited to:
a. Payment by the Association of charges for utility
services to the Common Property;
b. Taxes and special assessments against the Common
Property, if any, and income and other taxes levied or
assessed against or charged to the Association, if any:
c. Premiums for liability and other insurance carried upon
the Common Property by the Association, including hazard
insurance maintained on the Common Property pursuant to
Article VII hereof, the deductible amount not covered by
such insurance and the additional amounts deposited by
the Association or its Board of Directors to repair or
restore improvements on the Common Property:
d. Repair, replacement, construction, reconstruction,
alterations, maintenance, snow removal and additions
undertaken by the Association pursuant hereto:
e. Creation of reasonable contingency, emergency, and
working capital reserves (an adequate reserve fund funded
from annual assessments and not from special assessments,
shall be maintained for maintenance, repair and
replacement of those elements of the Common Property
which must be replaced on a periodic basis, including but
not limited to replacement of mail boxes):
f. The cost of labor, equipment, and materials for all work
done by or for the Association; and
g. Reasonable fees for management and supervision of the
Common Property pursuant to this declaration during the
time the Common Property is owned by the Association.
05120 10
Section 6.3 Annual Assessments.
A proposed current annual assessment is
($ annually) . The Board of Directors may ~ncrease the
maximum annual Association assessment in an amount not to exceed
the greater of (i) twenty percent (20%) of the previous year's
Association assessment or (ii) the percentage increase in the most
recently published US Department of Labor, Bureau of Labor
Statistics, Consumer Price Index (Urban Wage Earners and Clerical
Workers, Minneapolis-St. Paul Index, All Items), compared to the
same index published 12 months earlier. Any increase in excess of
this amount shall require the approval of sixty-seven (67%) of the
Members of a class who are voting in person or by proxy.
Section 6.4 Special Assessments for Capital Improvements.
In addition to annual assessments authorized above, the
Association may levy, in any calendar year, one or more special
assessments applicable to that year only for the purpose of
defraying in whole or in part, the cost of any construction,
reconstruction, repair or replacement (i) of capital improvements
upon the Common Property, including fixtures and personal property
related thereto or, (ii) capital equipment to be owned by the
Association; provided that each such assessments shall have the
assent of two-third (2/3) of the votes of each class of Members who
are voting in person or by proxy at a meeting duly called for this
purpose. Special assessments shall be due and payable as
determined by the board.
Section 6.5 Notice of Quorum for Any Action Authorized under
Sections 6.3 or 6.4.
Written notice for any meetings called for the purpose of
taking any action authorized under Section 6.3 or 6.4 shall be sent
to all Members not less than 30 days nor more than 60 in advance of
the meeting. At the first such meeting called, the presence of
Members or of proxies entitled to cast sixty (60%) of all the votes
of each class of membership shall constitute a quorum. If the
required quorum is not present, another meeting may be called
subject to the same notice requirement, and the required quorum at
the subsequent meeting shall be.one-half (~) of the required quorum
at the preceding meeting. No such subsequent meeting shall be held
more than 60 days following the preceding meeting.
Section 6.6 Rate of Assessment.
Both annual and special assessments shall be fixed at a pro-
rata rate for all Lots in Andover Station II based on the square
feet of the Building or Buildings on each Lot. .
05220 11
Section 6.7 Date of Commencement of Annual Assessments; Due Dates.
The Board shall fix the amount of the annual assessment
provided for herein with occupancy against each Lot at least
fifteen (15) days in advance of each annual assessment period. The
initial annual assessment period shall commence as to all Lots on
the first day of the month following the conveyance of the Common
Property to the Association and shall run through and including the
next succeeding December 3l. Each succeeding annual assessment
period shall be a calendar year. Written notice of the annual
assessment shall be sent to every Owner. Initially, annual
assessments shall be due and payable in four equal quarterly
installments on the first day of each quarter, beginning on the
first day of January and the 1st day of each April, July, October
and January thereafter.
Section 6.8 Certificate of Payment.
The Association shall, upon demand and free of charge, furnish
a certificate signed by an officer of the Association setting forth
whether the assessments on a specified Lot have been paid in full
and, if not paid in full, stating which assessments are unpaid. A
properly executed certificate of the Association as to the status
of assessments on a Lot shall be binding upon the Association as of
the date of its issuance.
Section 6.9 Remedies for Non-Payment of Assessments.
a. If any assessment is not paid on or before its due date,
the Association may impose interest from the due date at
the rate of eight percent (8%) per annum, and/or bring an
action at law against the Owner personally obligated to
pay the same or foreclose the lien by action in the
manner provided for foreclosure of mortgage liens. Each
Owner, by acceptance of any conveyance of any interest in
the Property, grants to the Association a power of sale
to accomplish the foreclosure and sale of each Owner's
lot. In a foreclosure action, the Association shall be
entitled to recover, in addition to the principal amount
of assessments, all costs of collection, including
interest, attorneys' fees and the cost of prosecuting
such action and filing any liens. In addition, the
Association may impose an administrative charge of up to
25% of the delinquent installments for each delinquent
installment of assessments, and/or involve any other
remedies or sanction set forth in Article XIII. All
remedies shall be cumulative, and the exercise of one
remedy shall not constitute a waiver of any other.
b. No Owner may waive or otherwise escape liability for any
assessments or other obligations imposed under the
05120 12
Governing Documents or Rules and Regulations by non-use
or waiver of any rights in the Common Property or
abandonment of his or her Lot.
Section 6.10 Subordination of Lien to Mortgages.
The lien of the assessments provided for herein shall be
subordinate to the lien of any First Mortgage now or hereafter
placed upon a Loti provided, however, that such subordination shall
apply only to the assessments which have become due and payable
prior to the date of expiration of the period of redemption
following a mortgage foreclosure sale, or the date of any sale or
transfer in lieu of foreclosure. Upon the expiration of the period
of redemption of a mortgage foreclosure sale, or the delivery of a
deed or other transfer in lieu of foreclosure, the interest of the
holder of the Sheriff's Certificate or other instrument of transfer
shall be prior and superior to the lien of any assessments then
against the Lot, and such assessments shall, at the option of the
Association become a lien against all of the Lots in equal shares.
Any sale or transfer shall not release a Lot from liability for any
assessment thereafter becoming due, nor from a lien of any
subsequent assessment.
Section 6.11 Assessments by Municipal Government.
It is expressly declared that the foregoing Sections of this
Article shall not in any way interfere with abrogate, or affect the
power of any local governmental authority to levy and collect taxes
and special assessments.
ARTICLE VII.
INSURANCE AND RECONSTRUCTION
7.1 Liability Insurance; Fidelity Bonds.
The Board of Directors of the Association or its duly
authorized agent, shall obtain a broad form of public liability
insurance insuring the Association, with such limits of liability
as the Association shall determine to be necessary, against all
acts, omissions to act and negligence of the Association, its
employees and agents. The Association's Board of Directors shall
also provide fidelity bonds providing protection to the Association
against loss by reason of acts of fraud or dishonesty on the part
of the Association's Directors, managers, officers, employees or
volunteers who are responsible for the handling of funds of the
Association in an amount sufficient to provide no less protection
than one and one-half (1 ~) times the estimated annual operating
expenses and reserves of the Association.
05220 13
ARTICLE VIII
ARCHITECTURAL CONTROL
Section 8.1 Review by Declarant.
No building, structure, fence, wall, patio or other structure
shall be commenced, constructed, altered or maintained upon any
Lot, or portion thereof, nor shall any exterior addition to or
change or alteration therein be made, unless and until the plans
and specifications, proposals, site plans, and certificate of
survey showing the nature, kind, shape, height, materials, color,
surrounding landscaping, and location of the same (hereinafter
collectively referred to as "plans") shall have been filed in
writing with and have been approved in writing by Declarant. These
submitted plans shall contain details of design, elevation, site
grade, fencing and location and dimensions of structures, walks and
driveways and shall also state the type of construction and
materials to be used in construction. Declarant shall not
unreasonably withhold approval of any plan submitted pursuant
hereto; provided, however, that failure to meet the covenants and
restrictions, and conditions contained herein shall be grounds for
Declarant's reasonable disapproval of such plans.
Plans approved by Declarant shall permit the Owner of a Lot to
construct in accordance with said plans and in conformity with the
applicable codes of the City of Andover, Minnesota, as the case may
be. Excavation or construction shall not be commenced until
approval therefore has been received from Declarant in writing, or
in the form of an approved signature upon said plans. All
buildings, structures, or improvements must be completed within six
(6) . months of the approval of commencement of construction by
Declarant; otherwise, all approvals become null and void.
Any deviation in construction on any Lot from approved plans,
which in the judgment of Declarant is of substantial detriment to
the appearance of the structure or the surrounding area, shall be
corrected to conform to the approved plans at the expense of the
Owner of that Lot.
The Declarant must approve any and all privacy fences prior to
their construction.
Declarant may, at its sole option, transfer its approval
authority under this Article to an Architectural Control Committee
at any time. Said committee shall consist of three parties and
shall be appointed by Declarant. Upon appointments said committee
shall exercise all approval authority granted under this Article,
and shall also fill any vacancies which may from time to time occur
in the Committee.
05120 14
Section 8.2 Architectural Liability.
Neither Declarant or the Architectural Control Committee shall
be liable to anyone in damages who has submitted plans for
approval, or to any Owner by reason of mi stake ln judgment,
negligence, or nonfeasance or themselves, their agents or employees
arising out of or in connection with the approval or disapproval of
any such plans. Declarant and the Architectural Control Committee
shall be concerned about aesthetic characteristics and compliance
with these Declarations and does not assert architectural
expertise. It is the sole duty and responsibility of the applicant
to employ an architect or other person to design the requested
modifications in a safe and architecturally sound manner. Each
Owner of any interest in Andover Station II, their heirs,
successors and assigns, as a condition of their ownership, waives
any right to damages which result from architectural designs
requested by Declarant . or the Architectural Control Committee.
Declarant and the Architectural Control Committee shall exercise
their best judgment as to aesthetic characteristics of
architectural design and their judgment shall be final.
Section 8.3 Relief Against Owners.
a. If construction of or exterior changes to a dwelling or
other improvement are commenced without approval of the
plans and specifications, or if construction of or
exterior changes to a dwelling or other improvements are
completed not in accordance with approved plans and
specifications, the Association or any Owner of a Lot in
the Properties, may bring an action to enjoin further
construction and compel the offending Owner to conform
the dwelling or other improvement with plans and
specifications approved by the Architectural Control
Committee, provided that such action shall be commenced
and a notice of lis pendens shall be filed no later than
ninety (90) days after the date on which the certificate
of occupancy is issued by the appropriate municipal
authority, in the case of a dwelling, or the date of
completion, in the case of any other improvement.
b. If the Association or complaining Owner prevails as to
any relief sought in any action brought to enforce
compliance with this Article, it shall be entitled to
recover from the offending Owner reasonable attorney's
fees and costs shall be a lien against the offending
Owner's Lot and a personal obligation of the offending
Owner. In addition, the Association shall have the right
to restore any Lot to its prior condition, if any
alteration was made in violation of this Article, and the
cost of such restoration shall be a personal obligation
of the offending Owner and a lien against such Owner's
05120 15
Lot.
Section 8.4 Relief Against Architectural Control Committee.
In the event that the Architectural Control Committee and/or
the members of the Architectural Control Committee shall fail to
discharge their respective obligations under this Article, then any
Owner of a Lot in the Properties may bring an action to compel the
discharge of said obligations. Such an action shall be the
exclusive remedy of any Owner of a Lot in the Properties for
failure of the Architectural Control Committee and/or its member to
discharge such obligations. Under no circumstances shall the
Architectural Control Committee and/or its members be liable to any
person for damages (direct, consequential or otherwise) .
Section 8.5 Retention of Records.
The Board of Directors shall retain for a period of ten (10)
years all plans and specifications submitted to the Architectural
Control Committee and a record of all actions taken with regard to
them.
ARTICLE IX
MAINTENANCE OF COMMON PROPERTY
Section 9.1. Maintenance and Repair.
The Association shall provide for the maintenance and repair
of the Common Property. The Association shall also provide and is
hereby given the right to enter upon the Lots to maintain the Areas
of the Lots lying outside of a Building which contain driveways,
sidewalks or landscaping including trees, shrubs and grass.
Maintenance and repair shall be determined and implemented from
time to time by the Board of Directors at its sole discretion and
assessed against all the Owners pursuant to Article VI of this
Declaration.
Section 9.2 Damage by Owner.
If, in the judgment of the Board of Directors, the need for
maintenance, repair or replacement, by the Association of any part
of the Common Property is caused by willful or negligent act of an
Owner or Occupant or their guests, the cost of such maintenance or
repair may be added to become part of the assessment to which such
Owner and his or her Lot are subject, rather than assessed against
all Owners.
05120 16
ARTICLE X.
EASEMENTS
Section 10.1 Platted Easements.
All Lots shall be subject to the utility, drainage and street
easements dedicated in the plat of Andover Station II.
Section 10.2 Other Easements.
Certain Lots shall be subject to easements in favor of the
Association for the construction, maintenance, use and repair of
sidewalks and entry monuments. Deeds to those certain Lots, shall
reserve an easement in favor of the Association or reserve the
right of the Declarant to convey an easement in favor of the
Association for purposes of the sidewalks.
ARTICLE XI.
RIGHTS OF FIRST MORTGAGEES
Section 11.1 Changes in Rights
Any amendment to this Declaration which either restricts the
rights granted by this Declaration to any one or more First
Mortgagees or which deals with the subject matter as an amendment
as hereinafter described must be approved by the vote of seventy-
five (75%) percent of the votes of all Owners (other than the
sponsor, builder or Declarants) entitled to vote, in person or by
proxy, at a meeting duly called for such purpose, and by the
written consent of seventy-five (75%) percent of the First
Mortgagees (based upon one vote for each Lot subject to a First
Mortgage) ; to wit:
a. Any amendment which authorizes or allows the Association
to abandon, partition, subdivide, encumber, mortgage,
sell or transfer the Common Property; provided, however,
that to the extent that the Association is requested to
do so (and has a legal interest therefor) the granting of
easements for public utilities consistent with the
intended use of the Property shall not be deemed a
transfer within the meaning of the foregoing prohibition;
and
b. Any amendment which changes the method of determining the
obligations, assessments, dues or other charges which may
be levied against an Owner, including specifically the
ratio of assessments against an Owner, or which otherwise
changes the pro rata interest or obligations of any
individual Lot for the purpose of allocating
05120 17
distributions of hazard insurance proceeds or
condemnation awards or determining the share of the Owner
of such Lot in the Common PropertYi and
c. Any amendment which shall operate to waive or abandon the
scheme of regulation or enforcement pertaining to
architectural design or exterior maintenance and
appearance of the homes or garages or the maintenance of
the Common PropertYi and
d. Any amendment which shall have as its effect the release
of the Association from its duty to maintain insurance
coverage as provided in Article VIIi and
e. Any amendment which would permit the partition or
subdivision of any Lot.
Section 11.2 Notice of Defaults
In the event of a default in the keeping of the terms of the
Governing Documents by an Owner or any person violating or
attempting to violate the same, and provided such default has not
been cured within sixty (60) days from the date of the default, the
Association agrees to give notice of such default in such
specificity as fully informs the recipient, such notice to be given
to the First Mortgagee of the Owner who has committed or permitted
the default. Each First Mortgagee shall register with the
Secretary of the Association its name, address, the Lot against
which its mortgage lies and the name of the mortgagor, and shall
further notify the Association upon the satisfaction of such
mortgage. Notice shall be given to the First Mortgagee by mailing
the same postage prepaid to the address of the First Mortgagee
stated on the books of the Association.
Section 11.3 Right to Cure Certain Defaults
First Mortgagees may, jointly or singly, pay taxes or other
charges which are in default and which mayor have become a charge
against the Common Property and may pay overdue premiums on
insurance policies, or secure new insurance coverage on the lapse
of a policy, for such Common Property. First Mortgagees making
such payments shall be entitled to immediate reimbursement therefor
from the Association.
Section 11.4 Right to Examine Records
First Mortgagees shall have the right to examine the books and
records of the Association during the regular business hours upon
reasonable notice, which shall not be less than three (3) business
days.
05120 18
Section 11.5 Inapplicability of Refusal Rights
The Purchaser at a foreclosure sale, in addition to taking the
Lot free and clear of the lien of all assessments of the
Association arising subsequent to the recordation of the lien of
the mortgage deed foreclosed, shall take the Lot free and clear,
and shall have the right to sell the same free from any "rights of
first refusal" which may in any way relate to it.
ARTICLE XII.
AMENDMENTS
This Declaration may be amended by the Association with
approval of the Owners of not less than seventy-five (75%) of the
Lots, In writing or at a duly constituted meeting of the
Association held for such purposes, subject to the rights of First
Mortgages as set forth in Article XI. In the case of approval of
an amendment at a special or annual meeting of Association members,
a copy of the proposed amendment shall be delivered to the Owners
by the same means and at the same time as the notice of the
meeting. Whenever such as an amendment has been so approved, it
shall be recorded in the form substantially similar to this
Declaration with the Anoka County Registrar of Titles and shall not
be effective until so recorded. The Association shall have the
power and authority to certify such approval, and such
certification shall be sufficient evidence of approval for all
purposes including recording.
ARTICLE XIII.
COMPLIANCE; SANCTIONS AND REMEDIES
Each Owner and Occupant shall be governed by and shall comply
wi th the provisions of the Governing Documents, and such amendments
thereto as may be made from time to time. A failure to comply
shall entitle the Association (and/or Owners in certain stated
instances) to the following relief:
Section 13.1 Entitlement to Relief.
An . Owner or the Association may commence legal action to
recover sums due, for damages, injunction relief, foreclosure of
lien or any combination thereof, or any action for any other relief
authorized by the Governing Documents as available at law or in
equity. Relief may be sought by the Association or, if
appropriate, by an aggrieved Owner, but in no case may any Owner or
Occupant withhold any assessments due and payable to the
Association, or take (or omit) other action in violation of the
Governing Documents, as a measure to enforce such Owners or
Occupant's position, or for any other reason.
05120 19
Section 13.2 Sanctions and Remedies.
In addition to any other remedies or sanctions, express or
implied, administrative or legal, the Association shall have the
right, but not the obligation, to implement anyone or more of the
following actions against Owners and Occupant's who violate (or
whose guests violate) the provisions of the Governing Documents:
a. Impose interest charges at the highest rate allowed by
law for any delinquent assessment payments.
b. Impose administrative charges (in addition to interest),
in amounts up to 25% of each delinquent installment for
each such delinquent assessment payment.
c. In the event of default of more than thirty (30) days in
the payment of any assessments or installment thereof,
all remaining installment of assessments assessed against
the defaulting Owner or Occupant may be accelerated and
then shall be payable in full, forthwith at the call of
the Board of Directors. Prior written notices of such
acceleration shall be given to the defaulting Owner or
Occupant.
d. Impose reasonable monetary penalties for each violation
of the Governing Documents, and the Rules and Regulations
and for the continuing violation thereof, other than
delinquent assessment payments.
e. Foreclose any lien arising under the provisions of the
Governing Documents or under law, in the manner provided
for in foreclosure of mortgages in the state where the
property is located.
Any assessment, charges, penalties, or interest imposed under
this Article XIII shall be a lien against the Lot of the Owner or
Occupant against whom the same are imposed in the same manner as a
lien for Common Expenses, and shall also be an obligation of such
Owner or Occupant. The lien shall attach as of the date of
imposition of the Remedy, but shall not be final as to violations
appealed under Section 13.3 until affirmed in writing following the
hearing. provided for in Section 13.3.
Section 13.3 Right to a Hearing.
In the case of imposition of any of the remedies authorized by
Section 13.2, Paragraph d, the Board of Directors shall cause to be
mailed or delivered to the Owner or Occupant against whom the
remedy IS sought to be imposed written notice specifying the
general nature of the violation, the remedy to be imposed written
notice specifying the general nature of the violation, the remedy
05120 20
to be imposed and the effective date of such imposition, which
notice must be delivered at least ten (10) days prior to such
effective date. Said Owner or Occupant shall have the right, upon
written request delivered to the Board of Directors, to a hearing
before the Board of Directors or a committee of no fewer than three
disinterested persons appointed by the Board to hear such matters.
The hearing shall be set by the Board at a reasonable time and
place, with reasonable notice to the parties involved, but in no
case later than 30 days after the request for a hearing.
The Board of Directors shall establish, and make known to all
parties involved, uniform and fair rules for the conduct of such
hearing, including without limitation the right of interest parties
to appear and be heard. If a hearing is requested, the remedy
imposed shall not take effect until the hearing is completed or the
matter is otherwise resolved by mutual agreement of the Board of
Directors and the person against whom the remedy is sought,
whichever event occurs first, provided, however, that if the person
or persons against whom the remedy is sought do not appear at their
duly noticed hearing, the remedy imposed may be enforced forthwith.
The decision of the Board, or the hearing committee, and the rules
for the conduct of hearings established by the Board, shall be
final and binding on all parties. The rights bestowed upon Owners
and Occupants by this paragraph 13.3 shall be the sole and
exclusive remedy of such Owners and Occupants with respect to the
matters covered by this Article, except as may be specifically
authorized by statue or by the Governing Documents.
Section 13.4 Costs of Proceeding and Attorney Fees.
In any legal or arbitration proceeding (exclusive of any
proceeding authorized under this Article XIII) arising between the
Association and an Owner or Occupant, or between Owners or
Occupants, because of an alleged default or violation by any Owner
or Occupant, the Association shall, if it prevails as to any
material part of the relief sought, be entitled to recover the
costs of the proceeding and such reasonable attorney's fees as may
be determined by the court or arbitration Board. In any situation
in which the Association has incurred costs and expenses, including
attorney's fees, in order to collect unpaid monthly assessments or
to correct any other default or violation by an Owner or Occupant
of the provisions of the Governing Document, the Owner or Document
who has caused the Association to incur such costs and expenses
shall be responsible therefore, and such costs and expenses shall
become an assessment against such Owner's or Occupant's Lot.
Section 13.5 Liability for OWner's and Occupants' Acts.
All Owners and Occupants shall be liable for the expense of
any maintenance, repair or replacement rendered necessary by their
willful acts or negligence, or by that of their guests, but only to
05120 21
.
the extent that such expense is not met by the proceeds of
insurance carried by the Association or such Owner or Occupant.
ARTICLE XIV.
GENERAL PROVISIONS
Section 14.1 Duration.
The covenants, restrictions, conditions and reservations
imposed and created by this Declaration shall bind the property for
a period of thirty (30) years from the date of recordation of this
Declaration. After the expiration of said thirty (30) year period,
all of such covenants, restrictions, conditions and reservations
shall continue to run with and bind the Property for successive
periods of ten (10) years unless revoked by Members entitled to
cast at least ninety (90%) of each class of votes and evidenced by
a recorded instrument executed by a duly authorized officer of the
Association and such percentage of First Mortgagees as may be
required by Article XI.
Section 14.2 Notices.
Any notice required to be sent to any person or an entity
under the provisions of this Declaration shall be deemed to have
been properly sent when mailed, postage paid, to the last known
address of the person on the records of the Association at the time
of such mailing, except for registrations pursuant to Section 3.1
(b) which shall be effective upon receipt by the Association.
Section 14.3 Construction.
This Declaration shall be construed under the laws of the
State of Minnesota. The singular shall be deemed to include the
plural wherever appropriate and unless the contest clearly
indicates to the contrary, any obligations and duties as of the
owners shall be joint and several. Invalidation of anyone of
these covenants or restriction by judgment or court order, or
otherwise, shall in no way effect the validity of any other
provision.
05120 22
.
Section 14.4 Invalidation
Invalidation of anyone of these covenants or restrictions by
judgment or court order, or otherwise, shall in no way affect the
validity of any other provision.
116, LLC
By:
Its:
STATE OF MINNESOTA)
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this ____
day of , 2000, by Anthony J. Emmerich, the Chief
Manager of 116, LLC, a Minnesota limited liability company under
the laws of the State of Minnesota on behalf of the limited
liability company.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
GRIES & LENHARDT, P.L.L.P.
100 East Central
P.O.Box 35
St. Michael, MN 55376
612/497-3099
05120 23
. .
.
EXHIBIT "A"
LEGAL DESCRIPTION
05120 24
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