HomeMy WebLinkAboutCC December 5, 2000
" CITY of ANDOVER
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1685 CROSSTOWN BOULEVARD N,W.' ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923
Regular City Council Meeting - December 5, 2000 agenda
Call to Order -7:00 PM Bookmark
Resident Forum ~
Agenda Approval
Consent Agenda
Approval of Minutes minutes
Discussion Items
I, NW Anoka Co, Community Consortium/PresentationlRequest Funding/Resolution of Endorsement anoka
2. Approve Ordinance No, 270/Antennas and Towers (Continued) ord270
3, Approve Rezoning/R-4 to M-I/Woodland Creek Townhomes/Woodland Dev, rezone
4. Approve Amended Special Use Permit/Amend PUD/Woodland Creek Townhomes/Woodland Dev, pud
5. Approve Preliminary Plat/Woodland Creek Townhomes/Woodland Dev, pp
" 6, Accept Petition/Order Feasibility Report/OO-37/Woodland Creek Townhomes . petOO37
, ---.J 7. Approve Special Use Permit/Area I.D, Sign/Woodland Creek Townhomes/Woodland Dev. sign
8, Discuss Status of One-Year Moratorium Ordinance/Ord. 255/Multi-family Housing ord255
9, Discuss VarianceIRear Yard Setback/I 4287 Raven Street NW /Groustra groustra
Non-Discussion/Consent Items
10, Kennel License Renewal/Cleo Nehrt kennel
11, Approve Cable TV Franchise Renewal/AT&T Broadband cable
12. Approve Special Use Permit/Variance/Area I,D, Sign/15629 Osage StNW/Goetz goetz
13, Adopt Assessment Role/98-9/Cambridge Estates (Phase I/South Area) adpt989
14. Adopt Assessment Role/98-30/Chesterton Commons 4th Addition adpt9830
15, Declare Costs & Order Assessment Role/97-49/Chesterton Commons 2nd Addition dclr9749
16. Approve Transfers Related to High School Development highschool
Mayor/Council Input
Payment of Claims
Adjournment
'.../
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
/ DATE: December 5. 2000
AGENDA SECTION ORIGINATING DEPARTMENT
Approval of Minutes City Clerk o,6~
ITEM NO.
Approval of Minutes
The City Council is requested to approve the following minutes:
November 14, 2000 Special Council Workshop (Street/Utility
Improvements to High School)
November 14, 2000 Special Council Workshop (Budget 2001)
November 21,2000 Regular Meeting
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
\
/
DATE: December 5. 2000
AGENDA SECTION ORIGINATING DEPARTMENT
Discussion Community Development
ITEM NO.
. Northwest Anoka County Community Consortium David L. Carlberg
I. PresentationlRequest Funding/Endorse Resolution Community Development Director
Representatives from the Northwest Anoka County Community Consortium (Youth First) will be giving
a brief presentation to the City Council. The representatives will also be requesting funding for 2001 as
well as seeking the Council's endorsement of a resolution (attached) extending the joint powers
agreement for the organization.
,
nov U"f UU 1C::44p urace Lutneran L;nurcn '/0::1-421 -6522 p.2
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RESOLUTION #2000-_
RESOLUTION EXTENDING THE
NORTHWEST ANOKA COUNTY COMMUNITY CONSORTIUM
(CONTRACT #2000-174)
WHEREAS, the Anoka County Board of Commissioners on May 23, 1995, approved,
contingent upon approval by the Intergovernmental and Community Relations Committee, a
Northwest Anoka County Community Consortium Joint Powers Agreement; and,
WHEREAS, the Intergovernmental Committee on May 25, 1995, gave final approval to the
Joint Powers Agreement between Anoka County, the Cities of Andover, Anoka and Ramsey, and
Anoka-Hennepin School District #11 to create an organization to be known as Northwest Anoka
County Community Consortium; and,
WHEREAS, said agreement was to sunset on December 31,1996, and could be renewed
for additional terms of two years each by resolution of all of the governing bodies of the parties
hereto, prior to the expiration date of December 31, 1996; and,
WHEREAS, said agreement was renewed by Resolution #96-162 with a sunset date of
December 31,1998, and, by Resolution #99-7 with a sunset date of December 31,2000; and,
WHEREAS, the Anoka County Board of Commissioners wishes to continue the
membership of the consortium of the Joint Powers Agreement:
NOW, THEREFORE, BE IT RESOLVED that the Anoka County Board of Commissioners
authorizes Contract #2000-0174, extending the agreement for a two-year period expiring
December 31 , 2002.
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November 6, 2000
Mr. Jeff Johnson
Zoning Administrator
City of Andover
1685 Crosstown Boulevard N.W.
Andover, MN 55304
Re: Comments Concerning Draft Private and Commercial Antennas and Towers Ordinance
I Dear Mr. Johnson:
This firm represents APT Minneapolis, Inc. ("APT') in connection with its development of personal
wireless communication facilities ("PCS'') within the State of Minnesota. APT's system needs may
require that it construct a PCS facility within the City of Andover ("the City''). Below please find our
comments on behalf of APT concerning the City's Draft Private and Conunercial Antennas and Towers
Ordinance ("the Draft Ordinance'').
The City's charge is to create an Ordinance that accommodates the communication need3 of the City's
residents and businesses while protecting the public health, safety and general welfare. To be
constitutionally valid, llD Ordinance must be "rationally related to the achievement of a legitimate
government purpose." Skeen v. State of Minnesota, SOS N.W. 2d 299,312 (1993). It must also be certain
in its terms. City ofSt. Paul v. Morris, 104 N,W. 2d 902 (1960), cert. denied 365 U.S. 815 (1961).
Courts will analyze a zoning action to determine whether it is reasonable. Honn v. City of Coon Rapid!':,
313 N.W. 2d 409 (1981). In making that detennination, courts look into the circumstances of the
decision. Therefore, the City has an obligation to keep a record to demonstrate the factual basis for its
zoning decision. C.R. Investments, Inc. v. City of Shore view, 304 N.W. 2d 320,328 (1981).
The City's zoning process must also satisfy the requirements of the Telecommunications Act of 1996, 47
V.S.C. ~ 332(c)(7) ("the Act"). The Act requires that local unil:l of government accommodate new
wireless facilities, to the extent possible. The City may not enact an Ordinance which has 1.he effect of
prohibiting the availability of wireless services. Moreover, the City may not enforce its Ordinances in
J
PAGE. 02
NOU 06 2000 13:24
(612) 896-1537 (MON) 11. 6'00 13:27/ST.13:26/NO.4260e9Le4b ~ j
FROM LARKIN HOFFMAN
LARKIN, HOFFMAN, DALY & LINDGREN, Lm.
Mr. Jeff Johnson
November 6, 2000
Page 2
/ such a manner as to discriminate against functionally equivalent telecommWlications service providers;
the mere fact that hard-line or wireless phone services already exist in the cOl1UI1unity is not a basis for
rejecting the development of new wireless service capacity_Finally, cities are expressly prohibited from
regulating the radio frequency or environmental effects of PCS facilities.
We have reviewed the City's Draft Ordinance. It contains certain restrictions which, if enacted, could
limit APT's ability to provide system coverage. This could place the City in the position of effectively
preventing the provision oncs service within its boundaries in violation of the Act.
Below are our comments on portions of the Draft Ordinance to which we recommend modifications:
Section 5 Towers/Antennlls in Residential Zoning Districts
Section 5 limits lowers and antennas to certain locations in residential zoned districts. APT supports the
City's effort to site towers in residential areas which it feels are more conducive to such structures.
However, the City may violate the Act if a tower applicant is denied a Conditional Use Permit r'CUp")
after clearly demonstrating the necessity to construct a tower in another residentially zoned location. APT
recommends that the language of the first sentence of Section 5 be revised to read "Towers supporting
commercial antennas and conforming to all applicable provisions of this ordinance are preferred in the
following residential zoned locations, unless the City Council determines that an alternative location is
technically necessary to achieve coverage requirements."
The Section also seeks the camouflaging of some towers as a prerequisite for approval by the City.
j Tower camouflaging adds increased costs to wireless service providers and results in little aesthetic value.
In addition, camouflaging may affect the quality of service provided by a tower. We recommend that
language regarding tower camoutlaging in all sections of the Draft Ordinance be deleted.
Section 6 Towers/Antennas in Commercial and Industrial Zoned Districts
Section 6 limits towers and antennas in commercial and industrial Zoning Districts. APT supports the
City's decision to allow telecommunications towers in certain commercial and industrial Zoning Districts.
However, the language does not provide certainty to tower applicants. The languagc indicates a tuwer
application could be approved nit: (1) conforms to all applicable provisions of the Ordinance and (2) the
tower's appearance is consistent with the surrounding area. Whether a tower's appeardDce is consistent
with its surrounding area is a determination made during the regulatory process. APT submits that if a
tower conforms to the dictates of the Ordinance, its appearance is consistent with the surrounding area.
Therefore, we recommend the deletion of language concerning tower appearance consistency. We further
recommend that language regarding camouftaging treatment in this provision he deleted.
Section 7 Co-Location Requirements
Section 7 regulates when co.location is required under the Draft Ordinance. APT agrees with the policy
objective of the provision. However, most provisions of this kind articulate 11 search radius of a particular
distance. No such distance is indicated in Section 7. Section 7(1)(c) mentions the search radius, further
evidencing that a distance should be included in the language. APT TeC{)mmends the provision be revised
to include a search radius for co-location of one-half mile. This distance will provide adequate PCS
service within areas of the City while protccting the City against the potential oHower proliferation. This
)
PAGE. 03
NOV 06 2000 13:25
FROM LARKIN HOFFMAN (6121896-1537 (MON) 11. 6' 00 13: 28/8T. 13: 26/NO. 4260892846 P 4
LARKIN, HOFFMAN, DALY & LINDGREN, L TO.
Mr. Jeff Johnson
November 6, 2000
Page 3
spacing requirement also reflects the system coverage requirements offast-growing suburban areas, like
the City,
Section 8 Tower and Antenna Design Requirements
Section 8 requires that towers blend into the surrounding environment through the use of "color and
camouflaging architectural treatment." APT and other wireless service providers have had success with
the USe of color to blend towers into surrounding environments. APT supportS this requirement and will
strive to comply with it. HoweYer, APT objects to any provision requiring the use of camouflaging
techniques. We recommend this language be deleted.
Section 8(2) requires that towers in the City be of a monopole design "unless the City determines that an
alternative design would better blend into the surrounding environment." Lattice or self-support towers
are prohibited under the Draft Ordinance. APT objects to this provision. Generally, APT constructs
lattice telecommunications towers.
Like monopole towers, lattice structures are self-supporting. However, they create mOre co-location
opportunities and have less aesthetic impact on the surrounding environment than do monopole towers.
We recommend that the words "monopole design" be revised to read "self-support Structure design." We
further recommend that the second sentence ofthc provision be deleted.
SeetioD 12 Interference with Public Safety Telecommunications
Section 12 mandates that new telecommunications services not interfere with public safety
telecommunications. It also mandates that all applications for new telecommunications facilitates be
"accompanied by an intermodulation study that provides technical evaluation of existing and proposed
transmissions and indicates all potential interference problems." APT objects to the requirement of the
submission of an intennodulation study. APT has never experienced an instance of interference with
other telecommunications services based on the construction and operation of one of its towers. APT
commits to certify that if such an instance were to occur in the City, APT will immediately remedy the
interference problem at its own expense. A study needlessly adds delay and cost to a service provider's
application. while not informing the City in any way. In addition, such a requirement goes beyond the
Scope of the City's authority under the Act.
SectiOD 14 Abandoned Antennas lUld Tower, and Removal
Section 14 requires that towers which are unused for a period of six (6) months be deemed abandoned and
removed within 90 days. While APT agrees with the policy objective of this provision, we recommend
that the period of abandonment be revised to one year. As PCS systems mature, telecommunications
service providers may seek to take some towers off-line for periods of time to study the effects on service.
A longer period of non-use before abandonment will allow service providers to observe their systems free
from the threat of regulatory action. This benefits both the wireless service provider and the City in the
long tenn.
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PAGE. 04
NOU 06 2000 13:25
FROM LARKIN HOFFMAN (612)896-1537 (MON) 11. 6' 00 13: 28/8T. 13: 26/NO. 42608n84b ~ ,
LARKIN, HOFFMAN, DALY & LINDGREN, LTD.
Mr. Jeff Johnson
. November 6, 2000
Page 4
, Thank you for the opportunity to comment on the changes contemplated to the City of Andover Zoning
Ordinance. If you have any questions on our comments, please contact me at (612) 896-3214.
S*
Peter J. Coyle, for
LARKIN, HOFFMAN, DALY & LINDGREN, Ltd.
cc: Mr. Mike O'Rourke
Mr. Steve Katkov
Scott Slattery, Esq.
::ODMA\PCDOCS\UDI\629273\\
PAGE. 05
NOV 06 2000 13:25
RESPONSE TO APT, INC. COMMENTS
~ , ORDINANCE NO. 270 - ANTENNAS AND TOWERS
Section 5. Towers/Antennas in Residential Zonin~ Districts
Some of the language regarding camouflaging in residential zoned districts was
not deleted. It is felt that the residential areas need to be protected, thus more
stringent zoning controls should be in place.
Section 6. Towers/Antennas in Commercial and Industrial Zonin~
Districts.
The language regarding camouflaging in commercial and residential districts was
deleted.
Section 7. Co-Location Requirements.
There is a II2 mile tower separation requirement in the ordinance which
effectively addresses their concern about spacing requirements.
Section 8. Tower and Antenna Desil!n Requirements.
Staff supports the recommendation of the Task Force that no lattice towers be
considered due to their unattractive appearance. Monopole towers can meet the
same needs and objectives.
A lattice tower exists in Andover (Round Lake Boulevard and 161st Avenue NW).
Section 12. Interference with Public Safety Communications.
A majority of this section was deleted based on their comments.
Section 14. Abandoned Antennas and Towers. and Removal.
The period of abandonment was revised to one (1) year.
.'
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Regular Andover City Council Meeting
Minutes - November 9, 2000
Page 6
(Condemnation/Eveland Property to Remove Ag-Preserve, Continued)
Mr, Carlberg agreed to come back to the Council at the next meeting with names of individuals from
the Park and Recreation Commission, representatives of the school district and athletic associations,
etc., to be appointed to a committee to look at the design of the area. Mr. Erickson thought the
school district already had a survey of the area. He felt the City's maps are accurate, but the area
could be staked. Some preliminary layouts have already been done.
APPROVE ORDINANCE NO. 270/TOWERS AND ANTENNAS
Mr; Carlberg explained the ordinance is to regulate the construction of towers and antennas in the
City. The City has received comments from legal counsel of AT&T, Minneapolis, and he felt those
comments and issues raised need to be addressed by the task force which created this ordinance. He
asked that the ordinance be tabled for them to look at those issues.
; Councilmember Jacobson stated he too had several comments and agreed to make copies of them
for the task force to consider, As written, however, he did not see how the ordinance addresses the
concerns that were raised that brought about the moratorium on towers and antennas. Mr. Carlberg
referred to Page 4, Section 5 which addresses the issue oflocating towers in residential districts, It
cannot be placed on residential property such as the one on South Coon Creek Drive.
Councilmember Jacobson also noted the ordinance talks about a request to locate the antenna on
transmission lines. They would be put on the poles, not the lines. He pointed out that according to
the ordinance, there could be an antenna on every utility transmission pole in the City.
Councilmember Knight referenced Page 9, Section 9, Tower Setbacks, Subsection 2. He did not feel
a specification in writing by a structural engineer that the collapse of the tower will occur unto itself
was worded strong enough. He preferred to say it would be certified in writing. What if it is wrong?
There is no recourse. Attorney Sullivan agreed "certify" is better than "specify". He reminded the
Council this ordinance needs to be back by January for approval.
Councilmember Howard asked what is to stop them from putting different kinds of towers on the
same parcel. Mr. Carlberg pointed to Page 6, Section 8, Subsection 2 regarding monopole designs.
Councilmember Jacobson noted a monopole is a self-supported tower. The last sentence should read
"Lattice or self-supported towers other than monopoles are prohibited," Councilmember Orttel
noted typically lattice poles are constructed to collapse within their own radius. He was concerned
that monopoles are much more likely to tip.
Councilmember Knight suggested it be clarified that the Park and Recreation Commission would
make a recommendation to the City Council regarding the placement of towers in the parks, and the
City Council would make the decision.
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Regular Andover City Council Meeting .
Minutes - November 9, 2000
Page 5
(Brim eyer Group Presentation/Profile, Continued)
Exploring the development of a Community Center and the building of an ice arena may not
necessarily be priorities. It should say to analyze the needs for community recreational activities.
Also, they proposed the new administrator look over the overall housing planning program, not the
specific program. Ideas are needed. Mr. Brimeyer agreed to broaden those items.
CounciImember-elect Julie Trude agreed with the Council's comments. She liked the idea of
analyzing community recreational activities. Regarding the Metropolitan Council issues, she felt
they want to look for someone with experience in dealing with mediation and regional governments.
Discussion was then on the starting salary range. Mr. Brimeyer stated what is shown indicates the
high and low to the City's steps for that position. After discussion, it was agreed to publish the
starting salary range from $73,000 to $85,000. It was understood the salary would be negotiated
with the top candidate. The Council agreed to meet at 6 p.m., on December 19 for the presentation
of candidates prior to the regular meeting. It was also suggested the interview dates be flexible with
the possibility of interviewing on one of the following two weekends if January 5 and 6 does not
work out. Mr. Brimeyer agreed but noted he personally would not be available on either of the other / '\
two weekends, For now he will stay with January 5 and 6, J
CONSIDER PARTICIPATION/METROPOLlTAN LIVABLE COMMUNITIES ACT
Motion by Jacobson, Seconded by Orttel, to decline to participate in the Livable Communities Act
in the calendar year 2001. Motion carried unanimously.
DISCUSS AND AUTHORIZE CONDEMNATIONIEVELAND PROPERTY TO REMOVE AG
PRESERVE DESIGNATION
Mr, Carlberg explained this is for the potential development of ball fields to the west of the high
school site. Based on the City Attorney's opinion, eminent domain proceedings is the only realistic
way to remove the Ag Preserve designation from the property, but it must be less than 10 acres. This
could also be an item of discussion at the special meeting for the high school. Possibly the first step
would be to establish a task force to determine the need, size of fields, etc. The school district has
not yet settled with Mr. Eveland, and it appears it will be after the first of the year before the award
is done. Mr. Eveland has not objected to the under 10 acres for the ball fields, which could be done
potentially as a donation or tax break.
Councilmember Orttel stated he has talked with Mr. Eveland, who understands the City's
predicament. He stated he is willing to approach Mr. Eveland about the situation. Mr. Erickson
stated softball fields will fit in 10 acres, but not if the fields are any larger. The high school needs
fields for fast pitch softball, which could be accommodated. There is an issue of the wetland in the
area. Councilmember Jacobson suggested establishing the task force now to have the information
on what is needed, how it will fit, etc., before meeting with Mr, Eveland.
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Regular Andover City Council Meeting
Minutes - November 9, 2000
Page 7
(Ordinance No, 270/Towers and Antennas, Continued)
The Council agreed to bring these comments, those of Council member Jacobson and those of the'
letter from AT&T's attorney to the task force, then bring it back for consideration within a few
weeks.
WATER AND SEWER BILLING SERVICE
(Councilmember Jacobson stepped down for this item because of a conflict of interest.)
Mr. Dickinson asked the Council to approve a three-year extension of the billing services contract
with Connexus Energy. The relationship with Connexus has been very good with no complaints
from the residents. For Staff to undertake the billing would be cost prohibitive. Other options to
discuss would be to offer more options to the residents. Currently Connexus reads the water meters
quarterly and does the billing quarterly for water, sewer and street lighting services,
Mr. Dickinson explained some residents have asked for the ability of having a budget plan. Not
everyone may want it. To change meter reading to do it monthly would cost $8,000 to $9,000 per
year. If a budget plan was offered, the meters would still be read quarterly. The residents would pay
the estimate the first three months and make up the difference the fourth month. As more history
develops, the budget would be more accurate. Connexus would charge an additional 30 cents for
each type of service the City is billed for. It could add up to 95 cents per bill for all three services.
The question is does the Council want to see the extra options knowing more costs are involved.
Councilmember Orttel suggested another option would be to bill the additional cost each month for
the options. Currently those charges are taken care of out of the proprietary funds. He suggested a
survey be done to see if the residents would like to have the budget plan knowing they would pay
the additional fee. Mr. Dickinson stated Connexus is willing to add a survey with the billing at a cost
of 2 cents per insert. The Council generally agreed the survey should be taken.
Motion by Orttel, Seconded by Knight, recommending the City renew with Connexus with the status
quo and to relook at this after the survey has been done by Connexus, Motion carried on a 4- Yes,
I-No Vote (Jacobson) vote. (Councilmember Jacobson returned to his Council seat.)
APPROVE AMENDMENT TO ORDINANCE NO. 112, PUD ORDINANCE
/ Mr. Carlberg stated a number ofPUDs have been submitted to the City recently, and they will be
going under the old ordinance, not this amendment. The contract rezoning is in place. This is a
correction to Ordinance 112.
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Regular Andover City Council Meeting
Minutes - November 9, 2000
Page 8
(Amendment to Ordinance No. 112, PUD Ordinance, Continued)
Councilmember Jacobson referred to Page 6, Section 15, a, subsection 1. He suggested the second
to last line read "...on the public and constructed right-of-way..." The intent is the street should be
constructed, not a bare right of way. Mr. Carlberg suggested the language "publicly dedicated and
maintained right of way" be used because that is the language in other ordinances, Council agreed.
Page 7, paragraph c, use that same language.
Page 7, 3, subsection b, change to read "All hard surfaced areas shall be surfaced in accordance..."
The intent is not to hard surface parks, wetlands, etc. Councilmember Orttel stated the landscaping
in this context might mean vegetation such as grass, water, etc. Possibly that should be clarified.
Page 8, subsection b, to begin "All hard surfaced areas shall be surfaced..."
Mr. Carlberg stated at the joint meeting with the Planning Commission, the Council raised the issue
of the City's enforcement of covenants. Legal Council has said the City does have the ability to do '\
that. Any changes to the covenant would have to be approved by the City, and that language will j
be required in covenants. The other issue is a super majority vote on PUDs. Any multi-family and
commercial areas require a contract rezoning, which requires a four-fifths vote. That contract
rezoning goes hand and glove with the PUD Ordinance. Legal Counsel has said that is permissible.
In that process, the same procedure as state law is being followed regarding public notices, hearings,
etc. Councilmember Orttel felt the problem is with property that is already properly zoned. The
Council doesn't have the ability to require more than a majority to approve a PUD which changes
the character of the zoning drastically. In that case, the contract zoning would be avoided. He didn't
know if the law would allow the City to require a super majority in those instances.
Mr. Carlberg explained tov,TI homes, M-l, M-2 and commercial PUDs will be contract rezoning in
the new ordinance, with the PUD on top of that. Mr. Sullivan stated covenants typically are in
perpetuity to use the property in a given way. If the covenant is not being enforced, the City would
have the ability to do the maintenance, etc., and assess it back to the property owners or get a court
order to compel them to enforce the covenant.
Councilmember-elect Julie Trude felt the enforcement clause needs to be considered carefully. She
lives in a subdivision that has a covenant, and her experience is that nothing is done to those who
do not follow it. It is frustrating to them, but most people do not want to take the issue to court.
Attorney Sullivan stated the enforcement of covenants by the City would apply only to those items
that directly related to the City. The City is not the law enforcement agency for those private items
of the covenant. Mr. Carlberg stated the concern is the City does not want to become an enforcement
agency involved with the housing styles, types of buildings, etc, The enforcement of covenants by
the City would relate to the PUD itself, the common areas and the infrastructure. Any changes to
the documents that affects the common areas would need Council approval.
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
,
, DATE: December 5. 2000
AGENDA SECTION ORIGINATING DEPARTMENT
Discussion Planning
ITEM NO.
Approve Ordinance No. 270 Jeff Johnson, Zoning Administrator
Antennas and Towers (Continued)
:),
Request
The City Council is asked to review and approve Ordinance No. 270 - An Ordinance Regulating
the Construction and Maintenance of Private and Commercial Antennas and Towers.
At the November 9,2000 City Council meeting, the item was tabled to allow Staff, the
Telecommunications Tower Task Force and the City Attorney time to review comments
received from American Portable Telecom (APT, Inc.).
The changes are noted in the attached ordinance. You will also find attached Councilmember
Jacobson's comments. Please review and comment.
Attachments
Ordinance No. 270 - An Ordinance Regulating Towers and Antennas
APT, Inc. Comments
Staff Response to APT, Inc. Comments
November 9,2000 City Council Meeting Minutes
Councilmember Jacobson's Comments
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CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO, 270
(NOTE: MY SUGGESTED DELET/()N,\' ARE DOUBLE ,\TRlKE THROUGH AND
IN RED. MY CO.l/MENTS ,IND ,\'UGGESTED LANGUAGE IS IN CAPS, RLUE
AND ITALIC) dOll jaco!Jsoll
AN ORDINANCE REGULATING THE CONSTRUCTION AND MAINTENANCE OF
PRIVATE AND COMMERCIAL ANTENNAS AND TOWERS,
The City Council of the City of Andover hereby ordains as folIows:
Section 1. Puruose.
In order to accommodate the communication needs of residents and businesses while
protecting the public health, safety, and general welfare ofthe community, the City
Council finds that these regulations are necessary in order to:
1. facilitate the provision of commercial wireless telecommunication services to the
residents and businesses of the City;
2, minimize adverse effects of towers through careful design and siting standards
in order to lessen the aesthetic impact on surrounding properties;
3. avoid potential damage to adjacent properties from tower failure through
structural standards and setback requirements; and
4. maximize the use of existing and approved towers and buildings to accommodate
new commercial wireless telecommunication antennas in order to reduce the number of
towers needed to serve the community.
Section 2. Definitions.
The following words and tenns shall have the folIowing meanings in this ordinance:
Antenna that portion of any equipment located on the exterior or outside of any
structure, used for transmitting or receiving radio, telephone and
television signals, Antenna as defined in this ordinance (unless otherwise
noted) pertains to all of the following antennas:
Antenna. Public Utility Microwave a parabolic dish or cornucopia
shaped electromagneticalIy reflective or conductive element used for the
I transmission and/or reception of point to point UHF or VHF radio waves
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in wireless telephone communications, and including the supporting
structure thereof.
Antenna. Radio and Television. Broadcasting Transmitting a wire, set of
wires, metal or carbon fibre rod or other electromagnetic element used to
transmit public or commercial broadcast radio or television
programming, and including the support structure thereof.
Antenna. Radio and Television Receiving a wire, set of wires, metal or
carbon fiber e1ement( s), other than satellite dish antennas, used to receive
radio television, or electromagnetic waves, and including the supporting
structure thereof.
Antenna. Satellite Dish a device incorporating a reflective surface
that is solid, open mesh, or bar configured and is in the shape of a shallow
dish, cone, horn, or cornucopia. Such device shall be used to
transmit and/or receive radio or electromagnetic waves between
terrestrially and/or orbitally based uses, This definition is meant to
include but not be limited to commercial satellite earth stations, TYRO's
(television, receive only), and satellite microwave antennas, but does not
include personal TYRO satellite reception receivers,
) Antenna. Short-Wave Radio Transmitting and Receiving a wire, set of
wires or a device, consisting of a metal, carbon fibre, or other
electromagnetically conductive element used for the transmission and
reception of radio waves used for short-wave radio communications,
and including the supporting structure thereof.
Antenna. Telecommunications a device consisting of a metal,
carbon fiber, or other electromagnetically conductive rods or elements,
usually arranged in a circular array on a single supporting pole or other
structure, and is used for the transmission and reception of radio waves in
digital, analog or other wireless or personal communication services (Le,
cellular, paging, internet, etc.).
Co-Location the placement of wireless telecommunication antennae by two (2) or more
service providers on a tower, building or structure,
Commercial Wireless Telecommunication Services licensed commercial wireless
telecommunication services including cellular, personal communication
services (peS), specialized mobilized radio (SMR), enhanced specialized
mobilized radio (ESMR), paging, and similar services that are marketed to
the general public.
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Federal Communications Commission the Federal Administrative Agency, or
lawful successor, authorized to regulate and oversee telecommunications
carriers, services and providers on a nationalleveI.
Guved Tower a tower that is supported, in whole or in part, by wires and ground
anchors,
Lattice or Self-Supported Tower a tower, erected on the ground, which consists of
metal crossed strips or bars to support antennae and related equipment.
Mast that portion of the outside antenna system to which the antenna is attached,
and the support of extension required to elevate the antenna to height
deemed necessary for adequate operation.
Monopole Tower a single, self-supporting pole type tower, tapering from the base to
the top and supporting a fixture designed to hold one (1) or more antennae.
Private Property land that is not public property as defined in this section.
Public Property land owned or operated by a municipal government entity (City of
Andover),
, Public Utility persons, corporations, or governments supplying gas, electric,
transportation, water, or land line telephone services to the general public,
For the purposes of this ordinance, wireless telecommunication service
facilities shall not be considered public utility uses and are defined
separately,
Service Provider any individual or entity which provides wireless
telecommunication services.
Tower any pole, spire, or structure (excluding structures required for the
transmission of electric energy), or any combination, to which any
antenna could be attached, or which is designed for any antenna to be
attached, and all supporting lines, cables, wires and braces,
Tower. Multi-User a tower to which is attached the antennas of more than one (1)
commercial wireless telecommunication service provider or
governmental entity,
Tower. Sinrde-User a tower to which is attached only the antennas of a single user,
although the tower may be designed to accommodate the antennas
of multiple users as required in this ordinance,
Section 3. Permit Required.
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No antenna or tower in excess of thirty-five (35) feet in height from ground level of any
kind shall be erected, constructed, or placed, or re-erected, re-constructed or replaced on
private or public property without first receiving a special use permit and obtaining the
necessary building permit approvals from the City, The City shall require a lease
agreement for any antennas and towers erected, constructed, placed, re-erected, re-
constructed or replaced on City owned public property,
Application for a special use permit shall be made to the Planning and Zoning Department
in the same manner, and containing the same information, as pursuant to the special use
permit process as stated in the City Zoning Ordinance,
Section 4. Tower/Antenna Hei!!ht Requirements.
If no existing structure meets the height requirements for antennas to be placed, the
antennas may be mounted on a pole or monopole not to exceed 150 feet in height in
industrial zoned districts; not to exceed 100 feet in height in residential zoned districts; and
not to exceed 120 feet in height in commercial zoned districts. Antennas (including the
mast) may be mounted on a building or structure provided that the antennas do not extend
over fifteen (15) feet above the highest portion of the roof of the building or structure,
Multi user monopole towers may exceed the height requirements as stated above by up to
an additional twenty (20) feet provided that the minimum number of additional users as
required and stated in Section 7 of this ordinance have co-located their antennas on the
monopole structure, (QU!~'iTf()N: wor /1.1) THIS I'ARAGRAI'H RF.QUmJ~' AS
Ai.\L'vfI,NDI--D SUI'"!)
Section 5. Towers/Antennas in Residential Zonin!! Districts.
Towers supporting commercia! antennas and conforming to all applicable provisions of
this ordinance shall (i\IA Y) be allowed only in the following residential zoned locations:
1. Church sites, when camouflaged as steeples or bell towers and utility poles
or structures;
2. City park sites greater than ten (10) acres in size located outside of the
Metropolitan Urban Service Area (MUSA), when compatible and
camouflaged with the nature of the park;
3, City water towers;
4, (ON) utility and transmission lines (SnWClUJ?E\) located in public
rights-of-way when attached thereto; and
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5, Schools and public buildings when compatible and camouflaged with the
use,
Only one (1) monopole tower shall exist on anyone (1) residential zoned parcel ofland,
Section 6. Towers/Antennas in Commercial and Industrial Zoned Districts.
Towers supporting commercial antennas and conforming to all applicable provisions of
this ordinance shall be allowed only in the following commercial and industrial zoned
locations:
1. Industrial "f' zoned parcels ofland when the appearance is consistent with the
surrounding area, and is compatible and camouflaged with the use;_
2, Commercial zoned parcels (Shopping Center "SC" and General Business "GB")
parcels ofland when the appearance is consistent with the surrounding area,_
and is compatible and camouflaged with the use; and
3, Utility and transmission lines (.\'na fen !JU~S) located in public rights-of-way
when attached thereto.
Only one (1) monopole tower shall exist on anyone (1) industrial or commercial zoned
parcel ofland,
Section 7. Co-Location Reauirements.
All commercial wireless telecommunication towers erected, constructed, or located within
the City shall comply with the following requirements:
1. A proposal for a new commercial wireless telecommunication service tower shall
not be approved unless the City Council finds that the telecommunications
equipment planned for the proposed tower cannot be accommodated on an
existing approved tower or building due to one (1) or more of the following
reasons:
a, The planned equipment would exceed the structural capacity of the
existing or approved tower or building, as documented by a qualified and
licensed structural engineer, and the existing or approved tower cannot be
reinforced, modified, or replaced to accommodate planned or equivalent
equipment at a reasonable cost.
b, The planned equipment would cause interference materially impacting the
usability of other existing or planned equipment at the tower or building as
documented by a qualified and licensed professional engineer and the
interference cannot be prevented at a reasonable cost,
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) c, Existing or approved towers and buildings within the search radius cannot
accommodate the planned equipment at a height necessary to function
reasonably as documented by a qualified and licensed professional
engmeer,
d, Other unforeseen reasons that make it infeasible to locate the planned
telecommunications equipment upon an existing or approved tower or
building,
2, Any proposed commercial wireless telecommunication service tower shall be
designed, structurally, electrically, and in all respects, to accommodate both the
applicant's antennas and comparable antennas for at least thrce (3) additional
users if the toner is one hundred (100) feet or more in height or for at least t\\O
(2) additional users if the towcr is Icss than one hundred (100) feet in height.
Towers must be designed to allow for future arrangement of antennas upon the
tower and to accept antennas mounted at varying heights,
Section 8. Tower and Antenna Desi2n Reauirements.
Proposed or modified towers and antennas shall meet the following design requirements:
1. Towers and antennas shall be designed to blend into the surrounding environment
through the use of color and camouflaging architectural treatment, except in
I instances where the color is dictated by federal or state authorities such as the
Federal Aviation Administration (c(J\IAfl,Nr: HO W DO Y(){ / CAMOlJ/'LAGL' A
150 FOUT Torvnu WF .I,'HOUUJ m; U )OKING A T THF GROUND INSTAIL1 nON
WHICH C(){/LD BI~' LANDSCAPU) AND CAMOUHAGU))
2, Commercial Wireless telecommunication service towers shall be of a monopole
design unless the City Council determines that an alternative design would better
blend into the surrounding environment, Lattice or self-supported (COMA!/~Nr:
MONOl'01J~ !m/TRS ARF SHF SlJ/'I'ORnNG, SO UNDFR IHF I.ANGUAGF
!HFY WOUU) NOr ilL' I'LI?MIf"fr;n, fHA TIS 1Vlf}' nIL SUGG/~'5;nf) CHANGL, IF
WI;; DlDN'TMAKF THI;; CHANGF., WF. WOU1.D NOT RF. AUUWF.[) TO RUlU) ANY
!OWER IN !HE on) towers are prohibited,
Section 9. Tower Setbacks.
Towers shall conform with each of the following minimum setback requirements:
1. Towers shall meet the building setbacks of the underlying zoning district as stated
in the Zoning Ordinance,
2, Towers shall be setback from all structures and all property lines at a distance
equal to the height of the tower (plus and additional ten [10] feet), unless a
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qualified professional structural engineer specifies in writing that the collapse of
the tower will occur with a lesser distance under all foreseeable circumstances.
3, A tower's setback may be reduced or its location in relation to a public street
varied, at the sole discretion of the City Council, to allow the integration of a
tower into an existing or proposed structure such as a church steeple, light
standard, power line support de\ice,(SlRl Jcn mE) or similar structure,
4, l\Ionopole Towers shall be placed a minimum offive hundred (500) feet from any
existing residential dwelling unit and be spaced a minimum of 1/2 mile from each
other in any zoning districts,(REASON FOR IHE 5;UGGESTED CHANGE IS
THA TIN A COMMFJ?ClAJ f)fSIRlCT WHICH AIW7S A m:;SmFNlJAl. AREA
COULD HA VJ~' mWU?S lUGHl" NI~~\T m ONL,4,NOlHU? HH'A USI~' IHD' ARE IN
nvo mFFFJ?FJ...,'T ZONING mSTIUCTS)
Section 10. General Requirements.
All towers and antennas for which a permit is required shall comply with the following
requirements:
1. Tower Lighting, Towers shall not be iIluminated by artificial means and
shall not display strobe lights unless such lighting is specifically required by the
Federal Aviation Administration or other federal or state authority for a particular
tower. When incorporated into the approved design of the tower, light fixtures
used to iIluminate ball fields, parking lots, or similar areas may be attached to the
tower.
2, Signs and Advertising, The use of any portion of a tower for signs other than
warning or equipment information signs is prohibited,
3, Accessory Utility Buildings. All utility buildings and structures accessory to a
tower shaH be architecturally designed to blend in with the surrounding
environment and shall meet the minimum setback requirements of the underlying
zoning district as stated in the Zoning Ordinance. Ground mounted equipment
shaH be screened from view by suitable vegetation, except where a design of non-
vegetative screening better reflects and complements the architectural character of
the surrounding neighborhood,
4, Additional Submittal Requirements, In addition to the information required
elsewhere in this ordinance, development applications for towers shall include the
following supplemental information:
a. A report from a qualified and licensed professional engineer which:
1. describes the tower height and design including a cross section
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and elevation;
2, documents the height above grade for all potential mounting
positions for co-located antennas and the minimum separation
distances between antennas;
3, describes the tower's capacity, including the number and type of
antennas that it can accommodate;
4. documents what steps the applicant will take to avoid interference
with established public safety telecommunications;
5, includes an engineer's stamp and registration number;
6, a coverage map showing what portions of the City will be served
by the user, along with future coverage plans and potential
construction sites to provide similar service elsewhere in the City;
and
7. includes other information necessary to evaluate the request.
b, For all commercial wireless telecommunication service towers, a letter of
intent committing the tower owner and his or her successors to allow the
shared use of the tower if an additional user agrees in writing to meet
reasonable terms and conditions for shared use,
c, Before the issuance of a building permit, the following information shall
be submitted to the City:
1. proof that the proposed tower complies with regulations
administered by the Federal Aviation Administration; and
2, a report from a qualified and licensed professional engineer which
demonstrates the tower's compliance with the aforementioned
structural and electrical standards,
Section 11. Existinl! Antennas and Towers.
Antennas and towers in existence prior to the adoption of this ordinance which do not
conform to or comply with the provisions of this ordinance may continue in use for the
purpose now used and as now existing but may not be structurally altered without
complying with all respects to this ordinance,
Section 12. Interference with Public Safety Telecommunications.
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No new or existing telecommunications services shall interfere with public safety
telecommunications. All applications for a new service shall be accompanied by an
intermodulation study \\ hich provides a technical evaluation of existing and proposed
transmissions and indicates all potential interference problems. Before the introduction of
new service or changes in existing service, telecommunication providers shall notify the
City at least ten (10) calendar days in advance of such changes and allow the City to
monitor interference levels during the testing process.
Section 13. Destroved or Damal!:ed Antennas and Towers.
If an antenna or tower is damaged or destroyed due to any reason or cause whatsoever,
the same may be repaired or restored to its former use, location and physical dimensions
upon obtaining a building permit but without first complying with this ordinance,
Provided, however, that if the cost of repairing such damage or destroyed antenna or
tower would be fifty (50) percent or more, as estimated by the Building Official, of the
cost of purchasing and erecting a new antenna or tower oflike kind and quality and to the
former use, physical dimensions and location, then the antenna or tower may not be
repaired or restored except in full compliance with the requirements of this ordinance,
Section 14. Abandoned Antennas and Towers. and Removal.
Any antenna or tower which is not used for six consecutive (6) months shall be deemed
, abandoned and must be removed with all other associated equipment from the property
, / within ninety (90) days notice by the City. If the antenna, tower or equipment is not
removed from the property within the time period as stated above, the City may order that
the public nuisance be abated in a manner consistent with ordinances and policies of the
City,
Section 15. Variances.
Variances from the literal provisions of this ordinance shall be processed and granted or
denied in the same manner and based on the same criteria as stated in the City Zoning
Ordinance,
Section 16. Severabilitv.
If any portion of this ordinance is deemed invalid or unconstitutional by a court of
competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity of
other portions of this ordinance.
Section 17. Penaltv.
Any person who shall violate any provision of this ordinance shall be guilty of a
misdemeanor and shall be subject to applicable fines and imprisonment as defined by State
law, In addition to the penalties imposed by this ordinance, the City may exercise, with or
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\ separately from such penalties, all and any other legal and equitable remedies then
available to the City by this ordinance, or by statute, or by other ordinances of the City, or
by applicable rules or regulations, to enforce this ordinance, including, without limitation,
injunction,
Adopted by the City Council of the City of Andover on this _ day of ,2000.
ATTEST: CITY OF ANDOVER
Victoria Volk, City Clerk J.E, McKelvey, Mayor
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CITY OF ANDOVER
COUNTYOFANOKA
STATE OF MINNESOTA
ORDINANCE NO. 270
An Ordinance repealing Ordinance No. 113 (An Ordinance Regulating the Construction
and Maintenance of Private and Commercial Antennas and Towers) adopted May 7,
1996, and Ordinance No. 118 (An Ordinance Protecting the Planning Process and the
Health, Safety and Welfare of Residents and Establishing a Temporary Moratorium on
Antennas, Towers, or Any Equipment Used for the Transmitting or Receiving
Telecommunication, Television or Radio Signals Within the City) adopted January 4,
2000.
AN ORDINANCE REGULATING THE CONSTRUCTION AND MAINTENANCE OF
PRIVATE AND COMMERCIAL ANTENNAS AND TOWERS.
The City Council of the City of Andover hereby ordains as follows:
Section 1. Purnose.
In order to accommodate the communication needs of residents and businesses while
/ protecting the public health, safety, and general welfare of the community, the City
Council finds that these regulations are necessary in order to:
1. facilitate the provision of commercial wireless telecommunication services
to the residents and businesses of the City;
2. minimize adverse effects of towers through careful design and siting standards
in order to lessen the aesthetic impact on surrounding properties;
3. avoid potential damage to adjacent properties from tower failure through
structural standards and setback requirements; and
4. maximize the use of existing and approved towers and buildings to
accommodate new commercial wireless telecommunication antennas in order to
reduce the number of towers needed to serve the community.
Section 2. Definitions.
The following words and terms shall have the following meanings in this ordinance:
Antenna that portion of any equipment located on the exterior or outside of any
structure, used for transmitting or receiving radio, telephone and
1
television signals. Antenna as defined in this ordinance (unless otherwise
noted) pertains to all of the following antennas:
Antenna, Public Utilitv Microwave a parabolic dish or cornucopia
shaped electromagnetically reflective or conductive element used for the
transmission and/or reception of point to point UHF or VHF radio waves
in wireless telephone communications, and including the supporting
structure thereof.
Antenna, Radio and Television, Broadcastinf! Transmittinf! a wire, set of
wires, metal or carbon fiber rod or other electromagnetic element used to
transmit public or commercial broadcast radio or television
programming, and including the support structure thereof.
Antenna, Radio and Television Receivinf! a wire, set of wires, metal or
carbon fiber element(s), other than satellite dish antennas, used to receive
radio television, or electromagnetic waves, and including the supporting
structure thereof.
Antenna, Satellite Dish a device incorporating a reflective surface
that is solid, open mesh, or bar configured and is in the shape of a shallow
dish, cone, horn, or cornucopia. Such device shall be used to
transmit and/or receive radio or electromagnetic waves between
terrestrially and/or orbitally based uses, This definition is meant to
include but not be limited to commercial satellite earth stations, TVRO's
(television, receive only), and satellite microwave antennas, but does not
include personal TVRO satellite reception receivers.
Antenna, Short-Wave Radio Transmittinf! and Receivinf! a wire, set of
wires or a device, consisting of a metal, carbon fiber, or other
electromagnetically conductive element used for the transmission and
reception of radio waves used for short-wave radio communications,
and including the supporting structure thereof.
Antenna, Telecommunications a device consisting of a metal,
carbon fiber, or other electromagnetically conductive rods or elements,
usually arranged in a circular array on a single supporting pole or other
structure, and is used for the transmission and reception of radio waves in
digital, analog or other wireless or personal communication services (i,e,
cellular, paging, internet, etc.).
Co-Location the placement of wireless telecommunication antennae by two (2) or more
service providers on a tower, building or structure.
2
Commercial Wireless Telecommunication Services licensed commercial wireless
telecommunication services including cellular, personal communication
services (peS), specialized mobilized radio (SMR), enhanced specialized
mobilized radio (ESMR), paging, and similar services that are marketed to
the general public.
Federal Communications Commission the Federal Administrative Agency, or
lawful successor, authorized to regulate and oversee telecommunications
carriers, services and providers on a national level.
Guved Tower a tower that is supported, in whole or in part, by wires and ground
anchors.
Lattice or Self-Suvvorted Tower a tower, erected on the ground, which consists of
metal crossed strips or bars to support antennae and related equipment.
Mast that portion of the outside antenna system to which the antenna is attached,
and the support of extension required to elevate the antenna to height
deemed necessary for adequate operation.
Monovole Tower a single, self-supporting pole type tower, tapering from the base to
the top and supporting a fixture designed to hold one (1) or more antennae.
;
Private Provertv land that is not public property as defined in this section.
Public Provertv land owned or operated by a government entity.
Public Utility persons, corporations, or governments supplying gas, electric,
transportation, water, or land line telephone services to the general public,
For the purposes of this ordinance, wireless telecommunication service
facilities shall not be considered public utility uses and are defined
separately.
Service Provider any individual or entity which provides wireless
telecommunication services.
Tower any pole, spire, or structure (excluding structures required for the
transmission of electric energy), or any combination, to which any
antenna could be attached, or which is designed for any antenna to be
attached, and all supporting lines, cables, wires and braces,
Tower. Multi-User a tower to which is attached the antennas of more than one (1)
commercial wireless telecommunication service provider or
governmental entity.
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Tower, Sinrzle-User a tower to which is attached only the antennas of a single user,
although the tower may be designed to accommodate the antennas
of multiple users as required in this ordinance.
Section 3. Permit Required.
No antenna or tower in excess of thirty-five (35) feet in height from ground level of any
kind shall be erected, constructed, or placed, or re-erected, re-constructed or replaced on
private or public property without first receiving a special use permit and obtaining the
necessary building permit approvals from the City. The City shall require a lease
agreement for any antennas and towers erected, constructed, placed, re-erected, re-
constructed or replaced on City owned public property.
Application for a special use permit shall be made to the Planning and Zoning
Department in the same manner, and containing the same information, as pursuant to the
special use permit process as stated in the City Zoning Ordinance.
Section 4. Tower/Antenna Hei!!ht Requirements.
If no existing structure meets the height requirements for antennas to be placed, the
antennas may be mounted on a pole or monopole not to exceed 150 feet in height in
industrial zoned districts; not to exceed 100 feet in height in residential zoned districts;
and not to exceed 120 feet in height in commercial zoned districts. Antennas (including
the mast) may be mounted on a building or structure provided that the antennas do not
extend over fifteen (15) feet above the highest portion of the roof of the building or
structure.
Multi user mOR0fl0le towers may exceed the height requirements as stated above by up to
an additional twenty (20) feet provided that the minimum number of additional users as
required and stated in Section 7 of this ordinance have co-located their antennas on the
monopole structure. A tower extension requires an amended special use permit as stated
in the Citv Zoning Ordinance.
Section 5. Towers/Antennas in Residential Zonin!! Districts.
Towers supporting eommereial antennas and conforming to all applicable provisions of
this ordinance shall may be allowed only in the following residential zoned locations:
1. Church sites, when camouflaged as steeples or bell towers and utility poles
or structures and compatible with the use;
2. City park sites greater than ten (10) acres in size located outside of the
Metropolitan Urban Service Area (MUSA), when the Park and Recreation
Commission determines that the tower is compatible aHa eamel:lflaged
with the nature of the park;
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3. City water towers;
4. On utility and transmission lffies structures located in public rights-of-way
wflee attached thereto; and
5. Schools and public buildings when compatible and camouflaged with the
~ as utilitv poles or structures and compatible with the use,
Only one (1) mOBoflele tower shall exist on anyone (1) residential zoned parcel ofland.
Section 6. Towers/Antennas in Commercial and Industrial Zoned Districts.
Towers supporting eOFillRereial antennas and conforming to all applicable provisions of
this ordinance shall be allowed only in the following commercial and industrial zoned
locations:
1. Industrial "I" zoned parcels of land when the appearance is consistent with
the surrounding area, and is compatible aRa camouflaged with the use;
2, Commercial zoned parcels (Shopping Center "SC" and General Business
"GB") parcels ofland when the appearance is consistent with the
surrounding area, and is compatible aBd earRouflaged with the use; and
3. Utility and transmission lffies structures located in public rights-of-way
when attached thereto.
Only one (1) m0R0flele tower shall exist on anyone (1) industrial or 'commercial zoned
parcel of land.
Section 7. Co-Location Requirements.
All c0mmereial wireless telecommunication towers erected, constructed, or located
within the City shall comply with the following requirements:
1. A proposal for a new commercial v:ireless telecommunication service tower shall
not be approved unless the City Council finds that the telecommunications
equipment planned for the proposed tower cannot be accommodated on an
existing approved tower or building due to one (1) or more of the following
reasons:
a, The planned equipment would exceed the structural capacity of the
existing or approved tower or building, as documented by a qualified and
licensed structural engineer, and the existing or approved tower cannot be
reinforced, modified, or replaced to accommodate planned or equivalent
equipment at a reasonable cost.
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b. The planned equipment would cause interference materially impacting the
, usability of other existing or planned equipment at the tower or building as
documented by a qualified and licensed professional engineer and the
interference cannot be prevented at a reasonable cost.
c. Existing or approved towers and buildings within the search radius cannot
accommodate the planned equipment at a height necessary to function
reasonably as documented by a qualified and licensed professional
engmeer.
d. Other unforeseen reasons that make it infeasible to locate the planned
telecommunications equipment upon an existing or approved tower or
building.
2, Any proposed eommElreial wireless telecommunication service tower shall be
designed, structurally, electrically, and in all respects, to accommodate both the
applicant's antennas and comparable antennas for at least three (3) additional
users if the tower is one hundred (l00) feet or more in height.or for at least two
(2) additional users if the tower is less than one hundred (100) feet in height.
Towers must be designed to allow for future arrangement of antennas upon the
tower and to accept antennas mounted at varying heights,
Section 8. Tower and Antenna Desil!n Requirements.
ProJlBsed or mBeifiee tBwers aRe aBtermas sball meet the f-ellowiag aesiga requirements:
1. TBwers aRd antermas shall be desigllee tB Bleae iatB the slHI'Bl:ladiag eIPlirBl'lffient
tl1re1:lgh t-he 1:lse sf eolor aRd ea1H.B1:lflagiag architectural treat-meHt, limeept ia
iastaaees '.>.<here t-he eBlor is eietateEl BY federal or state autherities sueh as the
Federal.'\'iiatioa .'\dmiaist-rati0Il,
;h
Commereial ',yireless Telecommunication service towers shall be of a monopole design
unless the City Council determines that an alternative design would better blend into the
surrounding environment. Lattice or self sUflported towers are prohibited.
Section 9. Tower Setbacks.
Towers shall conform with each of the following minimum setback requirements:
1. Towers shall meet the building setbacks of the underlying zoning district as stated
in the Zoning Ordinance.
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6
2. Towers shall be setback from all structures and all property lines at a distance
equal to the height of the tower (plus and additional ten [10] feet), unless a
qualified professional structural engineer specifies in writing that the collapse of
the tower will occur with a lesser distance under all foreseeable circumstances.
3. A tower's setback may be reduced or its location in relation to a public street
varied, at the sole discretion of the City Council, to allow the integration of a
tower into an existing or proposed structure such as a church steeple, light
standard, power line SHflflort deyicB, structure or similar structure,
4. Menopole Towers shall be placed a minimum of five hundred (500) feet from any
existing residential dwelling unit and be spaced a minimum of 1/2 mile from each
other iR aRj' ZSRiR!; districts.
Section 10. General ReQuirements.
All towers and antennas for which a permit is required shall comply with the following
requirements:
I. Tower Lighting. Towers shall not be illuminated by artificial means and
shall not display strobe lights unless such lighting is specifically required by the
Federal Aviation Administration or other federal or state authority for a particular
tower. When incorporated into the approved design of the tower, light fixtures
used to illuminate ball fields, parking lots, or similar areas may be attached to the
tower.
2. Signs and Advertising. The use of any portion of a tower for signs ethef
thall '.VarniRg Sf eqaipment iRfsnnation signs is prohibited. Warning or
eQuioment signs are exemot from this orovision.
3. Accessorv Utilitv Buildings, All utility buildings and structures accessory to a
tower shall be architecturally designed to blend in with the surrounding
environment and shall meet the minimum setback requirements of the underlying
zoning district as stated in the Zoning Ordinance. Ground mounted equipment
shall be screened from view by suitable vegetation, except where a design of non-
vegetative screening better reflects and complements the architectural character of
the surrounding neighborhood.
4. Additional Submittal Requirements. In addition to the information required
elsewhere in this ordinance, development applications for towers shall include the
following supplemental information:
a. A report from a qualified and licensed professional engineer which:
, I. describes the tower height and design including a cross section
7
and elevation;
2. documents the height above grade for all potential mounting
positions for co-located antennas and the minimum separation
distances between antennas;
3. describes the tower's capacity, including the number and type of
antennas that it can accommodate;
4. documents what steps the applicant will take to avoid interference
with established public safety telecommunications;
5. includes an engineer's stamp and registration number;
6. a coverage map showing what portions of the City will be served
by the user, along with future coverage plans and potential
construction sites to provide similar service elsewhere in the City;
7. a report indicating that the request meets technical emission
standards set by the FCC; and
8. includes other information necessary to evaluate the request.
b. For all eom.m.eroial wireless telecommunication service towers, a letter of
intent committing the tower owner and his or her successors to allow the
shared use of the tower if an additional user agrees in writing to meet
reasonable terms and conditions for shared use.
c. Before the issuance of a building permit, the following information shall
be submitted to the City:
1. proof that the proposed tower complies with regulations
administered by the Federal Aviation Administration; and
2. a report from a qualified and licensed professional engineer which
demonstrates the tower's compliance with the aforementioned
structural and electrical standards.
Section 11. Existinl! Antennas and Towers.
Antennas and towers in existence prior to the adoption of this ordinance which do not
conform to or comply with the provisions of this ordinance may continue in use for the
purpose now used and as now existing but may not be structurally altered without
complying with all respects to this ordinance.
8
Section 12. Interference with Public Safety Telecommunications.
No new or existing telecommunications services shall interfere with public safety
telecommunications. .^.ll applieatioFls f-er a 11e'l: serviee shall be aeeampaRied by aFl
iRtermeEh:llatioR st-1:lay '.vhieh proviaes a teehRieal EwalaatioFl of e1dstiRg aRd preposed
traRsmissiens aRE! iRdieates all peteetial iRterfereFlee prol3lems, Before the ietreclaetioR
of Raw serviee sr enaRges iR e)[istiRg serviee, teleeoFFlHHillieatioR flr8'lidem shall Rstify
the City at least teR (1 Q) ealemiar days iR advaRee of SHea eaanges aRd aile's the City to
mORiter ieterfereRee le'lels duriRg the testiRg flreeess.
Section 13. Destroved or Damae:ed Antennas and Towers.
If an antenna or tower is damaged or destroyed due to any reason or cause whatsoever,
the same may be repaired or restored to its former use, location and physical dimensions
upon obtaining a building permit but without first complying with this ordinance.
Provided, however, that if the cost of repairing such damage or destroyed antenna or
tower would be fifty (50) percent or more, as estimated by the Building Official, of the
cost of purchasing and erecting a new antenna or tower of like kind and quality and to the
former use, physical dimensions and location, then the antenna or tower may not be
repaired or restored except in full compliance with the requirements of this ordinance.
Section 14. Abandoned Antennas and Towers. and Removal.
-'
Any antenna or tower which is not used for-sH. ~ consecutive (6) meetns (1) vear shall
be deemed abandoned and must be removed with all other associated equipment from the
property within ninety (90) days notice by the City. If the antenna, tower or equipment
is not removed from the property within the time period as stated above, the City may
order that the public nuisance be abated in a manner consistent with ordinances and
policies of the City,
Section 15. Variances.
Variances from the literal provisions ofthis ordinance shall be processed and granted or
denied in the same manner and based on the same criteria as stated in the City Zoning
Ordinance.
Section 16. Severability.
If any portion of this ordinance is deemed invalid or unconstitutional by a court of
competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity
of other portions of this ordinance.
I
9
Section 17. Penaltv.
Any person who shall violate any provision of this ordinance shall be guilty of a
misdemeanor and shall be subject to applicable fines and imprisonment as defined by
State law. In addition to the penalties imposed by this ordinance, the City may exercise,
with or separately from such penalties, all and any other legal and equitable remedies
then available to the City by this ordinance, or by statute, or by other ordinances of the
City, or by applicable rules or regulations, to enforce this ordinance, including, without
limitation, injunction,
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
I
10
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE: December 5.2000
AGENDA SECTION ORIGINATING DEPARTMENT
Discussion Planning
ITEM NO. 6.
Rezoning 00-05 Jeff Johnson, Zoning Administrator
Rezone R-4 (PUD NB) to M-l
PIN # 32-32-24-14-0046
Woodland Creek Townhomes
Woodland Development Company
Request
The City Council is asked to review the rezoning request of Woodland Development
Company to rezone approximately 4.82 acres from R-4, Single Family Urban (designated NB,
Neighborhood Business under the existing Planned Unit Development (PUD) overlay district) to
M-l, Multiple Dwelling - Low Density. The property is located on the northeast comer of
Bunker Lake Boulevard NW and Marigold Street NW and is legally described as Lot 1, Block 8
Woodland Creek.
The request is submitted in conjunction with a Preliminary Plat, Special Use Permit for and
Amended PUD and Special Use Permit for an Area Identification Sign for Woodland Creek
Townhomes, consisting of 18 townhome units.
Planninl! and Zoning Commission Recommendation
The Planning and Zoning Commission met on November 14,2000 and recommends to the City
Council (unanimous) approval of said request. Please see Staff report and minutes in the packet.
A resolution is attached for your review along with a contract rezoning agreement that will need
to be executed.
o.
J CITY OF ANDOVER
REQUEST FOR PLANNING COMMISSION ACTION
DATE: November 14,2000
ITEM NO. 5 ORIGINATING DEPARTMENT
Public Hearing: REZ 00-05 Planning
Rezone from R-4 (PUD NB) to M-l
Woodland Creek Townhomes John Hinzman
Woodland Development City Planner
Request
The Planning and Zoning Commission is asked to review the following request of
Woodland Development to rezone approximately 4.82 acres from R-4, Single Family
Urban (designated NB, Neighborhood Business under the existing PUD overlay district)
to M-l, Multiple Dwelling - Low Density. The property is located on the northeast
comer of Bunker Lake Blvd and Marigold Street and legally described as Lot 1, Block 8
WOODLAND CREEK (pIN 32-32-24-14-0046).
The request is submitted in conjunction with a Preliminary Plat, Special Use Permit for
an Amended PUD, and Special Use Permit for an Area Identification Sign for Woodland
Creek Townhomes, consisting of 18 townhome units.
Applicable Ordinances
Ordinance 8, Section 5.02, establishes the procedure for changing zoning district
boundaries (rezoning).
Ordinance No.8, Section 5.03(B) establishes the criteria for granting a special use permit.
The City in considering rezoning applications in the past has utilized these same criteria.
The criteria include the following:
Effect of the proposed use upon the health, safety, morals and general welfare of
the occupants of surrounding land.
Effect on existing and anticipated traffic conditions including parking facilities on
adjacent streets and land.
--
Effect on values of property and scenic views in the surrounding area.
/
Effect of the proposed use on the Comprehensive Plan.
,
Rezoning 00-05, Woodland Creek Townhomes November 14,2000 P & Z Report
32xx Bunker Lake Blvd Page 2
j
Ordinance 5.02(G) requires a developer to enter into a zoning contract to formalize
development standards and ensure consistency with surrounding land uses.
Adjacent Land Use
Adjacent land use within 350' of the site includes the following:
North . R-4, Single Family Urban - Woodland Creek
East . R-4, Single Family Urban - Bruce Lee Photography, Meadow Creek
Church
South . Bunker Lake Blvd; R-4, Single Family Urban - Riverdale Church
West . Marigold Street; M-2, Multiple Dwelling - The Farmstead
Comprehensive Plan
The proposed rezoning would be consistent with the Comprehensive Plan. A
Comprehensive Plan Amendment from RU, Residential Urban Single Family to RM,
Residential Medium Density was approved by the City Council on March 6, 2000.
History
;
The subject property was original platted as Woodland Creek in 1988, Woodland Creek
was developed as a mixed use planned unit development that designated Lot 1 of Block 8
for neighborhood business uses. Although the underlying zoning is R-4, the PUD allows
the property to be developed for neighborhood business uses. The overlay district would
be amended to reflect the rezoning under the concurrent request for amended PUD.
General Review
. The property is within the Metropolitan Urban Service Area (MUSA).
. The rezoning is consistent with the Comprehensive Land Use Plan. .,
. The property is adjacent to a major thoroughfare (Bunker Lake Boulevard) and;'-
compatible land uses including commercial, institutional, and multiple family
development.
. The rezoning will be subject to contract provisions formalizing development standards
and ensuring consistency with surrounding land uses.
. Townhome development of the property would result in fewer vehicle trips per day
than office, retail or single family development based on Institute of Traffic Engineer
(ITE) standards,
j
Rezoning 00-05, Woodland Creek Townhomes November 14,2000 P & Z Report
32xx Bunker Lake Blvd Page 3
/ Commission Options
The Planning and Zoning Commission has the following options:
1) Recommend approval of the proposed rezoning.
2) Recommend denial of the proposed rezoning, citing those reasons for doing
so.
3) Table the item pending additional information from staff or the applicant.
Recommendation
Staff recommends approval of the rezoning, subject to resolution of the following:
1) Execution of a zoning contract pursuant to Ordinance 8, Section 5.02(g) for the
property.
Attachments
. Ordinance Amendment
. Site Location Map
. Rezoning Application
. Public Hearing Notice
,
J CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO,8
AN ORDINANCE AMENDING ORDINANCE NO.8, SECTION 6,03, ZONING
DISTRICT MAP OF THE CITY OF ANDOVER.
THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS:
Ordinance 8, Section 6,03, The Zoning District Map of the City of Andover is hereby
amended as follows:
Rezone property from R-4, Single Family Urban (Neighborhood Business PUD
overlay district) to M-l, Multiple Dwelling - Low Density on approximately 4,82
acres legally described as Lot 1, Block 8, WOODLAND CREEK (pIN 32-32-24-14-
0046)
Said amendment is subject to execution of a zoning contract pursuant to Ordinance 8,
Section 5.02(g).
J NOTE: All other sections ofthe Zoning Ordinance Shall remain as written and adopted
by the City Council of the City of Andover.
Adopted by the City Council of the City of Andover on this 5th day of December
2000,
CITY OF ANDOVER
ATTEST: lE. McKelvey, Mayor
Victoria V olk, City Clerk
/
fFii:\ City of Woodland Creek Townhomes
\{]I Andover Site Location Map
~. l~t 13956'" "C(\ I I I I I I I t I ___ w.....,. '" l'I#iirTV~
~ ~ > 139THIN ~ 139 f....
..,. :::10 13937 13936 H g ~ ~ I ~ ~ .... N ., 0.. 13942 a; 392 0
M ~ C") C") M M N ~"'.. N - .. 3174 0 '.4:- 1
01 13921 - ::;:I M M M M M ~ ~ ~ ~ ~ 1'i ''''-;r 01 J!!
M 13920 '" '" "' _ ~ _ 1 0 !ll "-.. 91 J..:.
()!'- .....t-- r-->.n..,.M..- Gl M t:') 1391
)jT~~! ~ ii,. ... .I.I~, ~ IY\f~'.> Ii ll!! ff
r---'" l":1QTHA"r; 139THAVE ~~~ ~
'~3420~ N "0" J:::!:8!i1 ri ~ N'co coN ~ 1
)10 ....il...... 13878 ~ 2 ~ 1:l ~ ~ f;j f;j f;j '" '" ~ ~I ~ ~I ~13118 .... 13888 13887 9781
M N 0- "' - ~ l< ~"' ;:::Jl 11l1=i ~l C") ..;1
~ ~ ~ 13884 ~ 2 ~ ::l '" ~ li) f;j f;j f;j ~207
~38T~ I '" 9 138TH N --\u
:12 13833 13838 ! ~ ~ ~ ~ ~ ~ ~ ~ ~ =~214
.16 13821 13824 C") Ol l,t) ..... ~""'('"J :! ~ f3 r;:; 3221/
13807 13810 ~ i!i ~ 1:lJ ~ ~ f;j f;j ~ ~73205
l"":1.<lTI-l A\/:I ~ ''''37
CT 13795 13794 '\ \ ill ~:ll 's21. I Site Location
I ~. 13781 13782 ) \;j \;j \;j 220\.
1,~ ~
\, '" 13769
I- r-- -
. rn
i >-
I <(
L ::>
) 0 3155
I
1--
_VD I- li) BUI IKER LAKE BLVD
rn I)JO .. ~ ..,. \ N J 0 co co ~
rn f:: ...J 13879 ~ ;! _ N.... <0"" M 302
::J~ 0 C")(f}(")~"- 000
VJ - -""" '~ M M I M M M
3422 ~ ~--.,.; rr loJ...3667 -'" Y
It ~ ~ <( '0...3855 3162 314 14 1 4' 1364 3634" 64 /
2 M ~ 1365 i"--- ~ 13824 63
;! ~ 13822 ~ ~ ~ - ;1; 7.]6');.. 1300: lI.l - 13816 '" 62
III :ll .... 7 'S:ll C;)
- _- - 36 14 -1/--"" - 13608 /~ 1
III ~ ~ ~7 ~
~ ~ - 36 ";381 ~ 13 3809 360 J:: 60
-=- 13595 13570 \ii 13579 ~ 13583
18 - _.< ==-= _ 13548 3557 1~ 55
:ll 13587 III c,~ 13587 13564 13571
-,,- li)'--- ~ c,~....,::; 13553 I- - 135387 3545 13538 .~-:s:::.
!1l r 1 13552 VJ 13559 I ""," /
LEGEND
o 350' Mailing Boundary
D R-1 - Single Family-Rural
D R-1A. - Manufactured Housing
D R-2 - Sirgle Fami~-Estate N SourceS:
D R-3- S~ngle Family-Suburban fA. Andover Planning
D R....- Single Famify-Urban
D M-1 - MuttiP'e Dwelling low Densi1y Andover GIS
0"'2- Muttiple """'Ring Ana"" County GIS
D lB - limited Business
o NB- Neighbomood Bus1""", S't L ti
I 0 SC-ShopporgCenler I e oca on
D GB - General Business .
c=1 t -Industlial 1 mch"" 423 feet RF - 1:5,072
D GR - General Recreation
.
I
,
j REZONING REQUEST FORM
Page 2
Property Owner (Fee Owner)
(If different from above)
Address
Home Phone Business Phone Fax
Signature Date
........ ... .... ..- ..................".. . . ..... . ...................... r ....
The following information shall be submitted prior to review by the City of Andover:
1. A scaled drawing of the property and structures affected showing:
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: ~o
Anoka County Recording Fe~
Abstract Property 25,0
Torrens Property 0.00
Date Paid 14 au Olr Receipt # Cff03C
CRITERIA FOR GRANTING A REZONING REQUESTS
In granting a Rezoning Request, the City Council shall consider the advice and recommendation ofthe
Planning and Zoning Commission and:
I. The effect of the proposed use upon the health, safety, morals and general welfare of occupants of
surrounding lands,
2, Existing and anticipated traffic conditions including parking facilities on adjacent streets and lands,
3, The effect on values of property and scenic views in the surrounding area,
4, The effect of the proposed use on the Comprehensive Plan,
.'
.CIIT:QfANDOVEit....
CITYOfANpOVER
COUNTY OF'ANOKA'
STATE OF MINNESOTA-
":.,,-"". >,.,':
: NOTICEOF'PUBLIC HEAroNG
.. "" ,;- ,:~:, .~. -,' . ":, ,- -,:, '- -' -,-':_~'},;" :.\~~.,:,._,.,,:.. "":':.:" ..':',-':' ,- " .. '- .,"', . '-.', ,','.:;
:1'l1ePlatming and Zoning Collllhission 'of the City afAIldoverwil.Lholdpublic hearings at
'. .1:00'p,m.;or as soorithereafter ascari behearCl.,'on Tuesday, November 1.4; 2000 at the' .
. Andover,CityHall,1685 Crosstown B6ule~ard.NW;Andover,Mi!mesota to consider the
"followmg' applicatiori~.requestedbyWoodland p~vel?pment Corporation: . ,.. ...
. 1. ,Re;olli~gproperiYfromthe uriderlying R-4,S1ngleFamilyUrb~Z()ning Distri~t '.. .'
(NB, Neighborhood Business designated. under PUD)to M"I,Multiple pwelling" .
'., ' ' ~ . , -. ' ... . - ~ '- .' .:' . -- . . . I '
'.. (lowdenshy).. .... ,... ',' . :.,'. ... ..',.
, '. .' ..;.
2,': .AinendedSp~ci'alUse Permitf~r~ Pi~edUmtp~~el~bnient tJ~han~elarid'
designationundertheoriginalPUD fromNB, Neighborhood Business to M-l;'.
- _--. . <0',- , . - . ,-, . ,",'
MultipleDwelling (lo~.~~l1sity).,;:'"'
Prelirriinary Plat of "WoodlaIld Cr~ekT~~onies'~consisting of 18t~WnhOme .
. : ,_._ "__" _, _", _., '_ _: ,-", c.. :.. .', ., ','" _ .."" '.
. All: written andve;balcc;1?iT1~~t~~ill b~received at thattimearld location: A copy o"f the.' ....
appliCation and location will be avallableat the Andover City Hall for reyiewpriorto said.' .
. meeting. .
.
PIN 333224230006,0 PIN 323224 I 40061.0 PIN 323224140060,0
l'-'~ A.DOW CREEK CHURCH JOHNSON MICHAEL M & LISA M ADAM MURRAY W & DEBORAH M
3UNKER LAKE BLVD OR CURRENT RESIDENT OR CURRENT RESIDENT
ANDOVER, MN 55304 3214 138TII LN 3222 138TH LN
ANDOVER, MN 55304 ANDOVER, MN 55304
PIN 323224140058,0 PIN 323224140059,0 PIN 323224140057,0
SCHULTE JEAN A GRATZ NICHOLAS D & DEBRA A PERRY BERNARD A R
OR CURRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT
3254 138TH LN 3238 138TH LN 3270 138TH LN
ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304
PIN 323224140026,0 PIN 323224140027,0 PIN 323224140028,0
SEAMANS JAMES S & SYLVIA E POORE STEVEN R & ROCHELLE D FJELD CHRISTOPHER T & COLLEEN
OR CURRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT
3294 138TH LN 3293 138TII AVE 3307 138TII AVE
ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304
PIN 323224140029.0 PIN 323224140052.0 PIN 323224140053,0
JERICH MICHAEL A & STRA"l-.'I) T M LENNARDLA~NCEL REED JEFFREY 0 & SALLIE K
OR CURRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT
3321138THAVE 3205 138TII AVE 3221138TIIAVE
ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304
PIN 323224140054,0 PIN 323224140055.0 PIN 323224140056,0
RYGW ALL JAMES K & MARIAN E SCHUETTE DANIEL W & JANICE KAMPA CRAIG S
OR CURRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT
^-'7138THAVE 3253 138TH AVE 3269138THAVE
,OVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304
PIN 323224140051.0 PIN 323224140050,0 PIN 323224140049,0
OSTRANDER JAY & OSTRANDER D HOLM TERRlLEA P & KARL S PASCHKE MICHAEL J & KATHY R
OR CURRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT
3212138THAVE 3220 138TII AVE 3236 138TH AVE
ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304
PIN 323224140048,0 PIN 323224140047,0 PIN 323224140046.0
FALEY MICHAEL J & LOIS A WANDLING CORY L & RHONDA K WOODLAND DEVELOPMENT CORP
OR CURRENT RESIDENT OR CURRENT RESIDENT 13632 V AN BUREN ST NE
3252 138TH AVE 3268 138TH AVE HAM LAKE, MN 55304
ANDOVER, MN 55304 ANDOVER, MN 55304
PIN 333224230003,0 PIN 333224320037.0 PIN 323224410002.0
DYNES BRUCE L & DIANNE M NORMAN RYAN M & CYNTIIIA A RIVERDALE ASSEMBLY OF GOD
OR CURRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT
3155 BUNKER LAKE BLVD 3136 BUNKER LAKE BLVD 3210 BUNKER LAKE BLVD
ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304
PIN 333224320035,0 PIN 333224320036,0 PIN 323224410052.0
SCHINDLER DONALD D & LONNA L BRISBIN JASON C & ANGELA K MCFARLAND J J & WASHBURN E A
OR CURRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT
3160 BUNKER LAKE BLVD 3148 BUNKER LAKE BLVD 13679 MARIGOLD ST
ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304
1. .'323224410043.0 PIN 323224410044,0 PIN 323224410051.0
SEDGWICK GARRETT L & APRIL J BREEGGEMANN WM F & P M GOMEZ MARY S
OR CURRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT
13676 MARIGOLD ST 13677 NARCISSUS ST 13667 MARIGOLD ST
ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304
. .
PIN 333224320030,0 PIN 333224320031.0 PIN 323224410050,0
v- TC;ON KENNETH R & BARBARA A DOCKTER CHERYL E JOHNSON BRADLEY D
'. ,URRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT
3149136THAVE 3162136THAVE 13655 MARIGOLD ST
ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304
PIN 323224140076,0 PIN 323224140075,0 PIN 323224140074,0
CHENAN CONSTRUCTION CURRENT RESIDENT SCHULTZ CARL J & WENDY A
8945 GLEN EDIN LANE 3318138THAVE OR CURRENT RESIDENT
BROOKLYNPARK,MN 55443 ANDOVER, MN 55304 3336138THAVE
ANDOVER, MN 55304
PIN 323224140075.0 SOLID OAK CONSTRUCTION
462 138TH AVENE
BROMLEY HOMES, INC HAM LAKE, MN 55304
14226 PIERCE ST NE
HAM LAKE, MN 55304
/
j
ZONING CONTRACT
This agreement made this _ day of , 2000, by and between
the City of Andover, 1685 Crosstown Boulevard NW, Andover, Minnesota 55304,
a municipal corporation organized under the laws of the State of Minnesota,
hereinafter referred to as the "City" and Woodland Development Corporation,
13632 Van Buren Street NE, Ham Lake, Minnesota 55304, a Minnesota
corporation, hereinafter referred to as the "Developer".
WHEREAS, Developer is the owner of certain Property in the City of
Andover legally described on Exhibit A attached hereto and made a part hereof;
and
WHEREAS, the Developer has requested that the City change the zoning
classification for the Property from an R-4, Single Family Urban Residential
District (designated NB, Neighborhood Business under the existing Planned Unit
Development overlay district) to M-l, a Multiple Dwelling district; and
WHEREAS, it is believed by the City that the rezoning of said Property to a
M-l Multiple Dwelling district so as to permit a residential development
consisting of eighteen (18) townhomes would be in the public interest and welfare
of the citizens of the City; and
WHEREAS, the Developer has agreed to develop the property as a
townhouse development in consideration of the City's changing the property to M-
1, Multiple Dwelling and the Developer further agrees as part of said consideration
1
to layout, develop and maintain the townhouse development as hereinafter set
forth;
NOW, therefore, in consideration of the mutual promises of the parties
made herein BY AND BETWEEN THE PARTIES HERETO:
1. The City shall complete the procedures necessary under City
Ordinances and State Law to rezone the Property from R-4, Single
Family Urban Residential (designated NB, Neighborhood Business
under the existing Planned Unit Development overlay district) to a
M-l Multiple Zoning classification under the City's Zoning
Ordinance No.8.
/ 2. Developer agrees to layout, develop and maintain the Property as a
residential townhome development consisting of eighteen (18)
townhomes. Such townhouse development shall be constructed to
meet or exceed the plans and specifications submitted by the
Developer to the City and attached hereto as Exhibit B. No changes
or deviations from such plan shall be permitted unless authorized in
writing by the City.
3. The Developer shall comply with all applicable rules, regulations,
ordinances and laws of the City of Andover, Anoka County, Coon
Creek Watershed, State of Minnesota and any other governmental
2
agency having jurisdiction over the project.
4. In the event that Developer violates any of the covenants and
agreements contained in this zoning contract or any other additional
agreements with the City or governmental agencies, the City may
commence an action to change the Property from the M-l, Multiple
Dwelling back to R-4, Single Family Urban Residential (designated
NB, Neighborhood Business under the existing Planned Unit
Development overlay district) and the Developer will not object or
oppose such ordinance in any form. Furthermore, the City may, at
its option, refuse to issue building permits to any property within the
development and stop building construction within the development
until such time as such default has been corrected to the satisfaction
of the City. Such actions shall be in addition to any remedies the
City may seek to enforce performance of this agreement including
but not limited to the right to seek injunctive relief.
5. The provisions of this Agreement shall be binding upon and
enforceable against Developer, their successors and assigns and all
other subsequent owners of the Property, their respective heirs,
successors and assigns of the Property described in Exhibit A.
6. An executed copy of this Agreement shall be recorded with the
Anoka County Recorder.
3
In witness whereof, the parties to this agreement have caused these
presents to be executed the day and year aforementioned.
CITY OF ANDOVER
Dated: By
Its Mayor
Dated: By
Its City Clerk
WOODLAND DEVELOPMENT
CORPORATION
Dated: By
Its
Dated: By
Its
STATE OF MINNESOTA)
) SS.
COUNTY OF ANOKA )
On this _ day of , , before me, a Notary Public
within and for said County, personally appeared J.E. McKelvey and Victoria Volk,
to me known to be respectively the Mayor and Clerk of the City of Andover, and
who executed the foregoing instrument and acknowledged that they executed the
same on behalf of said City.
Notary Public
4
STATE OF MINNESOTA)
) SS.
COUNTY OF ANOKA )
On this _ day of , , before me, a Notary Public
within and for said County, personally appeared and
, to me known to be the and
of Woodland Development Corporation, a Minnesota corporation, and who
executed the foregoing instrument and acknowledged that they executed the same
on behalf of said corporation.
Notary Public
This instrument was drafted by:
William G. Hawkins and Associates
2140 Fourth Avenue North
Anoka, Minnesota 55303
/
/
5
Exhibit A
Legal Description
Lot 1, Block 8, Woodland Creek (PIN# 32-32-24-14-0046)
6
Exhibit B
The following list of documents shall comprise Exhibit B:
1. Plans and specifications submitted to the City with a received date of
, on file at the City of Andover, City Hall.
2. The "Special Provisions for Woodland Creek Townhomes (Standard Unit)"
submitted to the City by Woodland Development Corporation with the
received date of , on file at the City of Andover, City
Hall.
7
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
December 5, 2000
DATE
AGENDA SECTION ORIGINATING DEPARTMENT APPROVED
rn Discussion Item Community Development FOR AGENDA
ITEM
r-o. Amended Special Use Permit - PUD David L. Carlberg BY:
Woodland Creek Townhomes Community Dev. Dir.
Woodland Development
y.
The City Council is requested by Woodland Development to review and approve the
Amended Special Use Permit request to amend an existing Planned Unit Development
(PUD) to develop a residential development consisting of 18 townhome units on 4.82
acres .on the property legally described on the attached resolution.
Background
For background information on the request, please consult the staff report and the minutes
J from the November 14, 2000, Planning and Zoning Commission meeting.
Planning & Zoning Commission Recommendation
The Planning and Zoning Commission recommends to the City Council approval with
conditions as listed on the attached resolution.
,
MOTION BY:. SECOND BY:
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. R -00
A RESOLUTION GRANTING THE AMENDED SPECIAL USE PERMIT REQUEST
OF WOODLAND DEVELOPMENT TO AMEND A PLANNED UNIT
DEVELOPMENT TO DEVELOP EIGHTEEN (18) TOWNHOMES TO BE KNOWN
AS THE SUBDIVISION OF "WOODLAND CREEK TOWNHOMES" ON THE
PROPERTY LEGALLY DESCRIBED AS LOT 1, BLOCK 8, WOODLAND CREEK.
WHEREAS, Woodland Development has requested an Amended Special Use Permit to
amend a Planned Unit Development to develop eighteen (18) townhomes to be known as
the subdivision of "Woodland Creek Townhomes" 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 Lot 1, Block 8,
Woodland Creek; 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, the City Council finds the development to be consistent with the
Comprehensive Plan.
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 Amended Special Use Permit as requested.
, Page Two
Resolution
ASUP/PUD - Woodland Creek Townhomes
December 5, 2000
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 Woodland Development to develop a Planned Unit Development on said property
with the following conditions:
I. All variances associated with the approval of the Amended Special Use Permit for the
PlannedUnit Development shall be approved with the approval of the preliminary plat.
The development standards listed shall be the approved standards for the development.
2. That the Amended Special Use Permit shall be subject to a sunset clause as defined in
Ordinance No.8, Section 5.03(D).
3. The Amended Special Use Permit shall be subject to annual review by Staff.
4. The Amended Special Use Permit for the Planned Unit Development shall be
contingent upon the approval of the contract rezoning and the preliminary plat of
Woodland Creek Townhomes. If anyone of these applications or requests fails to be
approved, in whole or in part, the amended 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 of Incorporation
b. By-laws of the association
c. Declaration of covenants, conditions and restrictions regulating the properties,
maintenance of the common areas.
6. A variance is granted to Ordinance No. 205 to allow the structures to be simil~ in
exterior architectural design and appearance.
Adopted by the City Council of the City of Andover on this 2!!L day of December.
2000.
ATTEST CITY OF ANDOVER
Victoria V olk, City Clerk lE. McKelvey, Mayor
/
RECEIVED
Design Standards NOV
Woodland Creek Townhomes 8 2000
RLK-Kuusisto, Ltd. Project No. 2000-129-M
CITY OF ANDOVER
Front Yard Setbacks
Setbacks M-l Zonino
Units 1-18 30'
Side Yard Setback
Setbacks Proposed M-l Zoning
Unit 1 (From Street) 49' 30'
Units 2-3; 4-5 40' 20'/20'; 40'
Unit 6 59' . 20'
Unit 7 (From Street) 35' 30'
Units 8-9; 10-11 27' 20'120';40'
Unit 12 39' 20'
Unit 13 41' 20'
Unit 14-15; 16-17 27' 20'/20'; 40'
Unit 18 (From Street) 35' 30'
Rear Yard Setback
Setbacks Prooosed M-l Zoninl!
Units 1-6 46' 30'
Units 7-18 66' 30'/30'; 60'
Lot Sizes
Lot Block Proposed Width Ml Proposed Deoth Ml
1-18 1 55 150 70 150
19 1 Common Area - Common Area -
Land Coverage Proposed M-l Zoning
(Maximum % Covered by Structures)
33% 20%
CITY OF ANDOVER
REQUEST FOR PLANNING COMMISSION ACTION
DATE November 14,2000
AG~.o~umR!dHearinl:!: Amended ORIGINA TI~ciWiB^fiY~lopment APPROVED FOR
Special Use Permit (ASUP 00-12 AGENDA
Planned Unit Development of David L. Carlberg
"Woodland Creek Townhomes BY: Community Development Director BY:
Request
."
The Planning and Zoning Commission is requested to review and hold a public hearing
on the Amended Special Use Permit request of Woodland Development to amend an
existing Planned Unit Development (PUD) to develop a residential development
consisting of 18 townhome units on 4.82 acres to be known as the "Woodland Creek
Townhomes".
The property to be developed is generally located north and east of the intersection of
Marigold Street NW and Bunker Lake Boulevard NW and is legally described as Lot I,
Block 8, Woodland Creek. A location map is included with Item No.4.
Applications for rezoning, preliminary plat and Special Use Permit for an area Ld. sign
have been requested in conjunction with this request.
Back!!;round .
A Special Use Permit for a Planned Unit Development was granted by the City Council
on July 21, 1987. The PUD was a mixed use development consisting of232 single
family lots, a golf course and a commercial lot (NB, Neighborhood Business
designated). The commercial lot is the parcel being proposed with this application to
change the use to allow the townhome development.
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,
;
)
Page Two
Special Use Permit - Planned Unit Development
"Woodland Creek Townhomes - Woodland Development
Planning and Zoning Commission Meeting
November 14, 2000
developments, industrial developments, mixed residential and commercial
developments and similar projects.
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. 112, 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
ofthe 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.
I
Page Three
Special Use Permit - Planned Unit Development
"Woodland Creek Townhomes - Woodland Development
Planning and Zoning Commission Meeting
November 14,2000
Ordinance No. 205, disallows structures to be similar to the exterior architectural
design or appearance within 300 feet of each other. A variance to this ordinance will
be required as a part of the PUD.
General Review
The developer of the project will be in attendance at the meeting to present and
discuss the Planned Unit Development concept with the Planning and Zoning
Commission.
The development will be governed by a homeowners association. The development
standards for this project have also been included.
The Commission should be aware that the developer is not proposing a density
increase above the zoning district requirement.
Commission Options
A. The Andover Planning and Zoning Commission may recommend to the City
Council the approval of the Amended Special Use Permit requested by Woodland
Development for an amended Planned Unit Development to develop an eighteen
(I 8) townhomes in an area designated as commercial (NB, Neighborhood
Business) in the original approval of July 21, 1987 on the property legally
described on the attached resolution.
The Commission finds the request meets the criteria of Ordinance No.8, Section
4.18 and Ordinance No. 112, PUDs.
The Commission also finds the request meets the criteria of Ordinance No.8,
Section 5.03, including: the use will not be detrimental to the health, safety,
morals or general welfare of the community; the use will not cause serious traffic
J
Page Four
Special Use Permit - Planned Unit Development
"Woodland Creek Townhomes - Woodland Development
Planning and Zoning Commission Meeting
November 14,2000
congestion or hazards; the use will not depreciate the surrounding property; and the
use is in harmony with the Comprehensive Plan.
E. The Andover Planning and Zoning Commission may recommend to the City
Council denial of the Amended Special Use Permit requested by Woodland
Development for an amended Planned Unit Development to develop an eighteen
(18) townhomes in an area designated as commercial (NB, Neighborhood
Business) in the original approval ofJuly 21, 1987 on the property legally
described on the attached resolution.
The Planning and Zoning Commission finds the proposal does not meet the
requirements of Ordinance No. 112 and Ordinance No.8, Sections 4.18 and 5.03.
In denying the request, the Commission shall state those reasons for doing so.
C. The Andover Planning and Zoning Commission may table the item pending further
information from the applicant or Staff.
tfii:\ City of Woodland Creek Townhomes
\[.Y Andover Site Location Map
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LEGEND
o 350' Mailing Boundary
~R-1- Single FamIly-Rural
R-1A. a Manufactured Housing
R-2 _ Single Family-Estate N .
R-3 - Single Famlly-Suburoan fA. Sources. .
.':' R-4. Single Family-Urban Andover Planning
R M-1 _ Multiple Owell!ng Low Density Andover GIS
o U-2.lAuIt1plo OweU"'Il Anoka County GIS
D LB- Umlted BLlSiness
c:o NB- NeighbOrhood Business S't L .
IillJSC-Sl1opprngeen1e, Ie ocatlon
~ G8 - General Business: .
m ,_ l_.1 1 meh - 423feet RF -1:5.072
D GR. General Recreation
Regular Andover Planning and Zoning Commission Meeting
Minutes -November 14, 2000
Page 4
4. That the Special Use PermitIVariance be
Ordinance No.8, Section 5.03 (D .
5. That the Resolution be ame to state that what is being granted is the Special
Use PermitlVariance.
-ayes, O-nays, I-absent (Apel) vote.
res stated that this item would be considered at the December 5, 2000 City
o'
PRESENTAtION: WOODLAND CREEK TOWNHOMES-18 TOWNHOMES ON
4.7 ACRES - PRESENTATION BY WOODLAND DEVELOPMENT.
~
Mr. Hinzman introduced Byron Westlund, representing Woodland Development, to
present the proposed development of the Woodland Creek Townhomes.
Mr. Westlund presented the Woodland Creek Townhomes proposal before the Planning
Commission. He explained that they are proposing 18 units, 9 twinhomes on 4.8 acres of
land. He stated that the layout of the development has not changed from the original
/ sketch plan. He mentioned that city sewer and water services are already stubbed and
ready. He also mentioned that they were the developers for the Majestic Homes
Developments that are located off of Bunker Blvd. He briefly reviewed the changes that
were made such as the size oftlle units and the exterior of the buildings. It was stated
that the units should sell for around $200,000.
Commissioner Kirchoff questioned the size of the units. Mr. Westlund explained that
they plan to build one unit at 1400 square feet and the other attached'unit at 1600 square
feet.
Commissioner Squires questioned if the exterior for both units would be the same even
though the size of the units will be different. Mr. Westlund explained that it would not
change the exterior appearance of the building, with the exception that the length of the
garage wall would be longer.
PUBLIC HEARING: REZONING (REZ 00-05) - REZONE PROPERTY FROM R-4,
SINGLE FAMILY URBAN (DESIGNATED NEIGHBORHOOD BUSINESS UNDER
PUD OVERLAY DISTRICT) TO M-1, MULTIPLE DWELLING, LOW DENSITY-
4.7 ACRES - 32XX BUNKER LAKE BLVD. - WOODLAND CREEK TOWNHOMES
- WOODLAND DEVELOPMENT.
) PUBLIC HEARING: AMENDED SPECIAL USE PERMIT (SUP 00-12) -
AMENDED PLANNED UNIT DEVELOPMENT - WOODLAND CREEK
Regular Andover Planning and Zoning Commission Meeting
Minutes -November 14, 2000
Page 5
TOWNHOMES-18 TOWNHOMES-4.7 ACRES-32XXBUNKERLAKEBLVD.-
WOODLAND DEVELOPMENT.
PUBLIC HEARING: PRELIMI!\'ARY PLAT - WOODLAND CREEK
TOWNHOMES -18 TOWNHOMES - 4.7 ACRES - 32XX BUNKER LAKE BLVD. -
WOODLAND DEVELOPMENT.
PUBLIC HEARING: SPECIAL USE PERMIT (SUP 00-13) -AREA
IDENTIFICATION SIGN - WOODLAND CREEK TOWNHOMES - 32XX BUNKER
LAKE BLVD. - WOODLAND DEVELOPMENT.
City Planner John Hinzman presented the staff report for each issue, this was followed by
questions of staff and the applicant. Chair Squires then recommended that all four public
hearings be lumped together into one public hearing, since they were all related.
Mr. Hinzman explained that the Planning and Zoning Commission is being asked to
review the request to rezone approximately 4.82 acres from R-4, Single Family Urban to
M-l, Multiple Dwelling - Low Density. He stated that the property is located on the
northeast comer of Bunker Lake Blvd. and Marigold Street. He mentioned that if
approved all applicable ordinances will be required to be met.
Mr. Hinzman stated that the proposed rezoning request would be consistent with the
Comprehensive Plan. He mentioned that a Comprehensive Plan Amendment from RU,
Residential Urban Single Family to RM, Residential Medium Density was approved by
the City Council on March 6, 2000. He also gave a brief history of the property,
mentioning that it was originally platted as Woodland Creek in 1988.
Mr. Hinzman stated that the property is within the Metropolitan Urban Service Area, and
the rezoning is consistent with the Comprehensive Land Use Plan. The property is
adjacent to a major thoroughfare and compatible land uses including commercial,
institutional, and multiple family development. The rezoning will be subject to contract
provisions formalizing development standards and ensuring consistency with surrounding
land uses. Finally, he mentioned that the townhome development of the property would
result in fewer vehicle trips per day thaI). office, retail, or single family development based
on Institute of Traffic Engineer standards.
Mr. Hinzman explained that the Commission is being asked to review the Amended
Special Use Permit request of Woodland Development to amend an existing Planned Unit
Development to develop a residential development consisting of 18 townhome units on
4.82 acres. He stated that a Special Use Permit for a Planned Unit Development was.
granted by the City Council on July 21,1987. He mentioned that the PUD was a mixed-
) use development consisting of 232 single-family lots, a golf course and a commercial lot.
Regular Andover Planning and Zoning Commission Meeting
Minutes -November 14, 2000
Page 6
He also mentioned that the commercial lot is the parcel being proposed with this
application to change the use to allow the townhome development.
Mr. Hinzman stated that the Commission is also being asked to review and recommend
approval ofthe Preliminary Plat for the Planned Unit Development of the "Woodland
Creek Townhomes" to the City Council. He explained that the Andover Review
Committee and the Park and Recreation Commission have reviewed the proposal and
listed their comments in the staff report. He mentioned that the Review Committee
suggested that the variances or development standards for the development shall be
approved with the Special Use Pennit for the PUD. Also there may be minor
housekeeping items or changes needed on the plat presented to the Commission.
Mr. Hinzman explained that the Commission is also asked to review the request for a
Special Use Permit/Variance request by Woodland Creek Townhomes to allow for the
construction of an Area Identification Sign on the property located at 32XX Bunker Lake
Blvd. He stated that in conjunction with the Special Use Permit a variance is sought to
allow the Areas Identification Sign on the owners 4.82 acre parcel, since Ordinance No.
8, Section 8.07 requires 5 acres or more.
Mr. Hinzman explained that the sign would measure 32 square feet at the southwest
comer of Bunker Lake Blvd. and Marigold St. NW. He stated that the structure would
consist ofa 4'X8' stone sign supported by two brick pillars 2'X2', and will be
approximately 10' from the right of way of both Bunker Lake Blvd. and Marigold St.
NW. He also mentioned that since the proposed variance is less than 4% of the 5-acre
requirement and due to the characteristics of the land create practical difficulties in the
acquisitioning additional acreage, staff recommends the variance be granted.
Commissioner Kirchoff questioned if the developer has addressed the concerns of the
neighbors to the north of the site since there was some concerns last spring when the
proposal was originally presented. Mr. Westlund explained that he recently dropped off a
revised plan to an individual that originally had some issues, however those have been
addressed and resolved. He also mentioned that they have held a number of meetings
with the residents in the area in order to receive their input and concerns.
Mr. Hinzman explained that the rezoning request would be subject to contract provisions
per ordinance.
Commissioner Daninger questioned if the minor housekeeping items or changes needed
on the plat as stated in the staffreport have been completed. City Engineer Todd Haas
explained that there was one change made to one of the intersections, however it was very
minor.
Regular Andover Planning and Zoning Commission Meeting
Minutes -November 14, 2000
, Page 7
Comni.issioner Daninger questioned what kind of fence they are proposing to have along
Bunker Blvd. Mr. Westlund explained that they are proposing a split rail fence that
would be continuous from Marigold Street to the church east of Marigold Street.
Motion by Hedin, seconded by Kirchoff, to open the four public hearings related to the
Woodland Creek Townhome Development at 7:33 p.m. Motion carried on a 6-ayes, 0-
nays, I-absent (Apel) vote.
There was no public input.
Motion by Hedin, seconded by Daninger, to close the four public hearings related to the
Woodland Creek TownllOme Development at 7:34 p.m. Motion carried on a 6-ayes, 0-
nays, I-absent (Apel) vote.
Commissioner Hedin commented that it is nice to see the development coming together
without any major complications. Commissioner Kirchoff agreed, especially since there
were residents this last spring that had numerous concerns and tonight there isn't anyone
with concerns.
Mr. Westlund explained that they are unsure at this time as to what the wording will be
on the Area Identification Sign.
Chair Squires questioned Mr. Westlund if it is correct to say that what is presented in the
staff report may not be the final wording for the sign. Mr. Westlund stated that that is
correct. He offered to resubmit the wording before the Commission once it has been
decided.
The Commission agreed the final wording could be worked out before the City Council.
Motion by Hedin, seconded by Daninger, to forward to the City Council a
recommendation to Anlend Ordinance No.8, Section 6.03, Zoning District Map ofthe
City of Andover, for Woodland Creek Townhomes to rezone approximately 4.82 acres
from R-4, Single Family Urban to M-l, Multiple Dwelling - Low Density, subject to the
following condition:
1. Execution of a zoning contract pursuant to Ordinance 8, Section 5.02 (g) for
the property.
Motion carried on a 6-ayes, O-nays, I-absent (Apel) vote.
Chair Squires stated that this item would be considered at tlle December 5, 2000 City
I Council meeting.
Regular Andover Planning and Zoning Commission Meeting
Minutes -November 14, 2000
Page 8
Motion by Daninger, seconded by Dalien, to forward to the City Council a
recommendation to approve Resolution No. R _-00 granting the Amended Special Use
Permit requested by Woodland Development to a Planned Unit Development to develop
18 Townhomes in an area designated as Commercial in the original approval ofJuly 21,
1987 on the property legally described as Lot 1, Block 8, Woodland Creek. Motion
carried on a 6-ayes, O-nays, I-absent (Apel) vote.
Chair Squires stated that this item would be considered at the December 5, 2000 City
Council meeting.
Motion by Falk, seconded by Dalien, to forward to the City Council a recommendation to
approve Resolution No. R _-00 approving the Preliminary Plat of the Planned Unit
Development of "Woodland Creek Townhomes" by Woodland Development located in
Section 32, Township 32, Range 24, Anoka County, Minnesota. Motion carried on a 6-
ayes, O-nays, I-absent (Apel) vote.
Chair Squires stated that this item would be considered at the December 5, 2000 City
Council meeting.
Motion by Dalien, seconded by Hedin, to forward to the City Council a recommendation
I to approve Resolution No. R _-00 granting the Special Use PermitlVariance request of
Woodland Development Company to allow for the construction of an Area Identification
Sign pursuant to Ordinance No.8 Section 8.07 on the property located at 32XX Bunker
Lake Blvd.
Further Discussion
Chair Squires noted that the exact wording to be used on the sign will be clarified
between now and the December 5, 2000 City Council meeting.
Motion carried on a 6-ayes, O-nays, . I-absent (Apel) vote.
Chair Squires stated that this item would be considered at the December 5, 2000 City
Council meeting.
VARIANCE: (VAR 00-18) - ORDINANCE 8, SECTION 6.02 -REAR YARD
SETBACK ACCESSORY BUILDING -14287 RA VEN STREET NW - GARY
GROUSTRA.
Mr. Johnson explained that the Planning Commission is being asked to review the
variance request of Gary Groustra to allow for the construction and placement of an
accessory structure to encroach into the rear yard setback on the property located at
14287 Raven StreetNW.
CITY OF ANDOVER
REQUEST FOR CITY COUNCIL ACTION
DATE: December 5. 2000
AGENDA SECTION ORIGINATING DEPARTMENT
Discussion Andover Review Committee
AGENDA ITEM NO.
Preliminary Plat - Planned Unit Development of
the "Woodland Creek Townhomes"
o Section 32 (Lot 1, Block 8, Woodland Creek)
I Woodland Development
The City Council is requested by Woodland Development to review and approve the
preliminary plat for the Planned Unit Development (PUD) of the "Woodland Creek
Townhomes" located in Section 32, Township 32, Range 24, Anoka County, Minnesota
and legally described as Lot 1, Block 8, Woodland Creek.
, General Comments
. The proposed preliminary plat is currently zoned R-4, Single Family Urban
(designated NB, Neighborhood Business under PUD overlay district)). Rezoning of
the property by contract to M-l, Multiple Family is necessary.
. The proposed plat is currently within the Metropolitan Urban Service Area (MUS A)
and will be developed with municipal water and sewer.
. The proposed subdivision is to be developed as a Planned Unit Development (PUD)
and consists of 18 townhome units and one common open space lot.
. The developer and/or owner is responsible to obtain all necessary permits (DNR, U.S.
Army Corps of Engineers, Coon Creek Watershed District, LGU, MPCA and any
other agency which may be interested in the site.).
Commentsbv the Andover Review Committee
1. The variances or development standards for the development shall be approved with
the Special Use Permit for the PUD.
2. The Council should be aware that the streets are proposed to be private streets with a
reduced width.
.
3. There may be minor housekeeping items or changes needed on the plat presented to
the Council.
Planning and Zoning Commission Recommendation
The Planning and Zoning Commission is recommending to the City Council the approval
of the preliminary plat with the conditions as listed on the attached resolution.
Park and Recreation Commission Recommendation
Park dedication was paid with the plat of Woodland Creek.
8.01 IDENTIFICATION AND DESCRIPTION
a. Proposed name is "Woodland Creek Townhomes".
d. Scale is 1" = 40'
g. The preliminary plat and the grading, drainage and erosion control plan were prepared
by RLK Kuusisto LTD.
8.02 EXISTING CONDITIONS
b. Total acreage is 4.82 acres
c. The existing zoning within 300 feet of the proposed plat has been shown.
f. Location of all existing telephone, gas, electric and other underground/overhead
facilities are shown on preliminary plat per ordinance requirements.
g. The boundary lines within 100 feet of the plat have been shown along with the names
of the property owners.
h. A Tree Protection Plan/Landscape Plan has been submitted to the City for review and
approval.
j. A soil boring report has been submitted to the City.
8.03 DESIGN FEATURES
c. The municipal sewer, water, streets and storm sewers plans/profiles will be designed
by the City.
h. The proposed method of disposing of surface water has been shown on the grading,
drainage and erosion control plan.
8.04 ADDITIONAL INFORMATION
b. Water supply will be by municipal well.
c. Sewage disposal facilities will be municipal sanitary sewer.
d. Contract rezoning will be required.
f. Flood Plain Management is regulated by the City.
g. Street lighting as required - installation costs will be paid for by the developer.
k. Location of Area Identification Signs. Special Use Permit applied for in conjunction
with the preliminary plat.
9.02 STREET PLAN
a. The typical section, right-of-way and grade are indicated on the preliminary plat.
9.03 STREETS
n. Boulevard is required to be 4" topsoil and sodded.
9.04 EASEMENTS
b. Drainage and utility easements are required for the 100 year flood elevation.
9.06 LOTS
e. The developer is responsible to obtain all necessary permits from the CCWD, DNR,
Corps of Engineers, LGU, MPCA, and any other agency that may be interested in the
site.
9.07 PARKS, PLAYGROUNDS, OPEN SPACES
Park dedication as recommended by the Park and Recreation Commission and approved
by the City Council. N/A
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 "WOODLAND CREEK TOWNHOMES" BY
WOODLAND DEVELOPMENT LOCATED IN SECTION 32, TOWNSHIP 32,
RANGE 24, ANOKA COUNTY, MINNESOTA.
WHEREAS, the Andover Review Committee has reviewed the preliminary plat;
and
WHEREAS, pursuant to published and mailed notice thereof, the Planning and
Zoning Commission has conducted a public hearing on said plat; and
WHEREAS, as a result of such public hearing, the Planning and Zoning
Commission recommends to the City Council the approval of the preliminary plat.
NOW, THEREFORE, BE IT RESOLVED, that the City CounCil of the City of Andover
hereby agrees with the recommendation ofthe Planning and Zoning Commission and
approves the preliminary plat with the following conditions:
1. The developer obtains all necessary permits from the Coon Creek Watershed District, DNR, Corps
of Engineers, LGU, MPCA and any other agency that may be interested in the site.
2. Contingent upon the approval of the Contract Rezoning and the Amended Special Use Permit for
the Planned Unit Development. If anyone of these applications or requests fails to be approved,
in whole or in part, the preliminary plat shall be considered null and void.
3. Contingent upon staff review and approval for compliance with City ordinances, policies and
guidelines.
4. The variances or development standards as listed shall become the only variances approved on the
plat.
5. Such plat approval is contingent upon a development agreement acceptable to the City Attorney.
Adopted by the City Council of the City of Andover this 5th day of
December ,20~.
CITY OF ANDOVER
ATTEST:
Victoria Volk, City Clerk lE. McKelvey, Mayor
/
CITY OF ANDOVER
(~) REQUEST FOR COUNCIL ACTION
/ ~ ~ DATE: December 5. 2000
AGENDA SECTION ORIGINATING DEPAR("MENT
Discussion Item Scott Erickson~
Engineering
ITEM NO.
Accept Petition/Order Feasibility ReporU
00-37/Woodland Creek Townhomes
Co.
The City Council is requested to approve the resolution declaring adequacy of petition and
ordering preparation of a feasibility report for the improvement of sanitary sewer, watermain,
street and storm sewer for Project 00-37, Woodland Creek Townhomes.
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
MOTION by Councilmember to adopt the following:
A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING
PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF
SANITARY SEWER, WATERMAIN. STREET AND STORM SEWER ,PROJECT NO._
00-37, IN THE WOODLAND CREEK TOWNHOMES AREA.
WHEREAS, the City Council has received a petition, dated November 29. 2000,
requesting the construction of improvements; and
WHEREAS, such petition has been validated to represent the signatures of 100%
of the affected property owners requesting such improvement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover
that:
1. The petition is hereby declared to be 100% of owners of property affected, thereby
j making the petition unanimous.
2. Escrow amount for feasibility report is $1.000.00
3. The proposed improvement is hereby referred to TKDA and they are instructed to
provide the City Council with a feasibility report.
MOTION seconded by Councilmember and adopted by the
City Council at a reqular meeting this L day of December ,2000, with
Council members 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
CD31
I
November 29, 2000
Mr. Todd Haas
Assistant City Engineer
City of Andover
1685 NW Crosstown Blvd.
Andover, MN 55304
RE: Townhomes of Woodland Creek
Dear Todd,
Woodland Development Corporation does hereby petition for improvements by the construction
of water main, sanitary sewer, storm sewer and streets with curb, concrete curb and gutter with
the cost of the improvements to be assessed against the benefitting property which is described as
Townhomes of Woodland Creek.
We request that a feasibility report be prepared as soon as possible. We have enclosed a check
for $1,000 for the feasibility report expenses. Set petition is unanimous and the public hearing
may be waived.
Sincerely,
B~n~
Executive Vice President
BDW:yop
Attachment
830 West Main Street Anoka, Minnesota 55303 (612) 427-7500 FAX: (612) 427-0192
~ -"-'- uu~~....~"'~~---~~~~~~~~.~~~~~~~~~~ .-
ill ' 25824
'I WOODLAND DEVELOPMENT CORPORATION
13632 VANBUREN ST., NE
HAM LAKE. MN 55304 {) ~
. kr AIVV"\ 919 5
DATE ()V~ lj{\ (:fj I d)..A.A...I
~~!~~OF t~~ ~ 0 J\dWJh I $ ) iiiD.co
(10 -'\'\\\)\.([\(1 (\0\. ~ Wi --- DOLLARS I'fl=~-=
ft FIRST NATIO:-;AL BANK OF ELK RIVER
"NOKA OFFICE \6121422-0537
11 "" W<ST H'OHWAY>O' ANOKA, MN "'0' :
FOR lL-'l:.."'\ ~ - ~,~.Il~ e.IlcA . LA') ______._n/JJfll-;;;;:L~~--.'!!.
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE: December 5.2000
AGENDA SECTION ORIGINATING DEPARTMENT
Discussion Planning
ITEM NO.
Approve Special Use PermitIVariance Jeff Johnson, Zoning Administrator
Area Identification Sign
32XX Bunker Lake Boulevard NW
Woodland Development Company
{,
Request
The City Council is asked to review and approve the special use permit/variance request of
Woodland Development Company to allow for an area identification sign (32 square feet in size)
to be constructed on the property located at 32XX Bunker Lake Boulevard NW.
Planning and Zonin~ Commission Recommendation
;
The Planning and Zoning Commission met on November 14,2000 and recommends to the City
Council approval (unanimous) of the request. A resolution is attached stating conditions.
I I
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RESOLUTION NO. -
A RESOLUTION GRANTING THE SPECIAL USEN ARIANCE REQUEST OF WOODLAND
DEVELOPMENT COMPANY TO ALLOW FOR THE CONSTRUCTION OF AN AREA
IDENTIFICATION SIGN PURSUANT TO ORDINANCE NO.8, SECTION 8.07(D)(2)(H) ON
THE PROPERTY LOCATED AT 32XX BUNKER LAKE BOULEVARD NW, LEGALLY
DESCRIBED AS LOT 1, BLOCK 8, WOODLAND CREEK.
WHEREAS, Woodland Development Company has requested a special use permit/variance to
allow for the construction of an area identification sign (32 square feet in size) on the property
located at 32XX Bunker Lake Boulevard NW, legally described above; and
WHEREAS, a public hearing was held and the Planning and Zoning Commission reviewed the
request and has determined that said request meets the criteria of Ordinance No.8 and would not
have a detrimental effect upon the health, safety, morals and general welfare of the City; and
WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of
the special use permit/variance as requested.
NOW, THEREFORE, BE IT RESOLVED, that the City Council ofthe City of Andover hereby
agrees with the recommendation of the Planning and Zoning Commission and approves the
special use permit/variance request on said property with the following conditions:
1. The special use permit/variance be subject to annual review and inspection by Staff.
2. The applicant/property owner execute a written agreement to maintain the sign.
3. The applicant obtain a sign permit prior to the erection of the sign.
4. The special use permit/variance request be subject to a sunset clause as defined in
Ordinance No.8, Section 5.03(D).
Adopted by the City Council of the City of Andover on this _ day of _,2000.
ATTEST CITY OF ANDOVER
Victoria Volk, City Clerk J.E. McKelvey, Mayor
\
/
CITY OF ANDOVER
REQUEST FOR PLANNING COMMISSION ACTION
DATE: November 14, 2000
ITEM NO. S ORIGINATING DEPARTMENT
Public Hearing: Planning
SUP OO-13N AR
Woodland Creek Townhomes Dan Taylor
32XX Bunker Lake Blvd. City Planner Intern
Request
The Planning and Zoning Commission is asked to review the Special Use
Permit/Variance request by Woodland Creek Townhomes to allow for the construction of
an Area Identification Sign on the property located at 32XX Bunker Lake Blvd. (pIN 32-
32-24-14-0046).
In conjunction with the Special Use Permit a variance is sought to allow the Areas
Identification Sign on the owners 4.82 acre parcel, which the Ordinance No.8, Section
8.07 requires five 5 acres or more.
The property is zoned R-4, Single Family Urban with a PUD overlay district and the
current proposal is to rezone theland to M-1, Multiple Family Low Density.
Applicable Ordinances
Ordinance No.8, Section 5.03, regulates the Special Use Permit process.
In granting a Special Use Permit, the following criteria shall be examined:
1. The effect of the proposed use upon the health, safety, morals, and general
welfare of occupants of surrounding hands.
2. The existing and anticipated traffic conditions including parking facilities on
adjacent streets and land.
3. The effect on the values of property and scenic views in the surrounding area.
4. The effect of the proposed use on the Comprehensive Plan.
Page Two
SUP 00-13N AR,
Woodland Creek Townhomes
32XX Bunker Lake Blvd.
Ordinance No.8, Section 8.07, Signs.
Area Identification Signs may be allowed in all residential areas provided:
1. The area of development is larger than five (5a.) acres;
2. One (1) sign is allowed by Special Use Permit. Additional signs shall be
reviewed by the City of Andover Review Committee (ARC) and the Planning
Commission and approved by the City Council;
3. The maximum square footage of the sign is thirty-two (32 s.f.) square feet in
area;
4. The sign is located ten (10') feet from the property line.
Ordinance No.8, Section 5.04 - Variances.
Ordinance No.8, Section 5.04 establishes the variance process. Variances may be
granted where there are practical difficulties or unnecessary hardships in any way of
carrYing out the strict letter of the provisions of the Zoning Ordinance. The hardships or
difficulties must have to do with the characteristics of the land and not the property
owner.
General Review
Special Use Permit
The applicant proposes to construct an Area Identification sign Measuring 32 square feet
at the southwest comer of Bunker lake Blvd. and Marigold St. NW. The structure would
consist ofa 4'x 8' stone sign supported by two brick pillars 2'x 2'. The sign will be
approximately 10' from the right of way of both Bunker lake Blvd. and Marigold St. NW.
Please see attached sign plans for more information.
Variance
Since the proposed variance is less than 4% of the 5-acre requirement and because
characteristics of the land create practical difficulties in the acquisitioning additional
acreag'e, staff concludes the variance being granted would follow,with the intent of the
Ordinance.
Commission Options
The Planning and Zoning Commission may recommend one of the following options:
Page Three
SUP 00-13NAR,
Woodland Creek Townhomes
32XX Bunker Lake Blvd.
1. Recommend approval of the Special Use PermitIVariance requested by Woodland
Development Co. to allow construction of an Area Identification Sign on the property
located at 32XX Bunker Lake Blvd legally described as Lot 1, Block 8, Woodland
Creek.
The commission finds that the request meets the criteria established in the Ordinance
No.8, Section 5.03,5.04,8.07 including: the use will not be detrimental to the health,
safety, morals or general welfare of the community; the use will not depreciate the
surrounding property and the use is in harmony with the Comprehensive Plan.
The commission finds the request meets the provisions specified in Ordinance No.8.
2. Recommend denial of the Special Use PermitIVariance, citing specific reason for
denial.
3. Table the application pending further information from staff.
Staff Recommendation
,
Staff recommends approval of the Area Identification Sign permit requested with the
following conditions:
1. That the Special Use Permit be subject to an annual review by staff.
2. That the applicant executes a written agreement for the maintenance of
the sign.
3. That the applicant obtain a sign permit prior to erection of the sign.
4. That the Special Use Permit be subject to a sunset clause as defined in
Ordinance No.8, Section 5.03 (D).
Attachments
. Application for Special Use Permit
. Application for Variance
. Resolution
. Area Location Map
. Site Location Map
. Sign Details
. Notice of Public Hearing
/hut. 7. P. 5/~
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..
54P QO-@/3
- .
CITY of ANDOVER
1685 CROSSTOWN BOULEVA_RD NoW.-ANDOVER. MINNESOTA55304 .,(612} 755-51.00 ,--
SPECIAL USE PERMIT
..~....,..-.,-
L. ". _ ",'- - .....,.
..- " '."
.; '. ,- -.- - . -'"'-'.
". " '.. ~. .
. . - -
Home Phorie Fax
Signa~~~~(J~~~Dat' 1\ \ l \ t)U
I
'. ,
SPECIAL USE PERMIT
PAGE 2
Property Owner (Fee Owner)
(If different from above)
Address
Home Phone Business Phone Fax
Signature Date
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:
Commercial ~ includes mailing labels
Residential $ 0 includes mailing labels
Amended SUP $150.00 includes mailing labels
Public Notification Sign ~
Recording Fee: ~
Abstract property
Torrens property $40.00
Date Paid i l('2jdJ Receipt # -J 0 \. '3721/2-
revised 10/29/99 g:/datalslaffJrnbarnettlsup.doc
3/14/00
2
.~
CITY of ANDOVER.
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304. (612) 755-5100
VARIANCE REQUEST FORM
, .
Legal Description of Property: (I'ill in whicheveris appropriate) .
. ,
- '. .
: . .
:. Is the property Abstractor Torrens: (To verify this call i:I1e Anoka County Offi~e at 32375400:~ith.
the property PIN number)
'. . .
". .' ,_ ...;...0:-0 _' . -",',.: "". ,'- '," ;0',' .
. Descriptiori of R~quest ~lo f2CLC.e. .... . .~, .'. . ./l.4~ .~~.< . ... ... ......:
'l~~" ,Ptr^...tr.... '~62Qc~.:~}0~~'~'
~~~. .
A hardship must be present in order for a variance to be granted.
. .
Ordinance 8, Section 5.04 defmes a hardship as follows: ~'Where there are practical
'. difficulties or unnecessary hardships in any way of carrying out the strict letter of the .
I provisions of this Ordinance, an appeal may be made and a variance granted. The ..
hardships or difficulties must have to do with the characteristics of the land and not the
property owner. .. .. . . . . ,,;;~~ .. .. ... . . . .... '.:...
"
Specific Hardship fJ~ ~/l/~ ~ . hurt( ~/~/kif
-- ~#AI{ I- ~ )cd/)- tl..h/ J J ,.,.J L---JkvL.I~-<e 4$'/L)~fI.
rr~
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 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.
............. ........ . ".. V v.... v- ........ . ... ... .
Name of Applicant U )()O () G1'I-t0.D DC(.v('"~ t..:>fV\Af. N r
Address _I ~ i., "J.,L- vCvv- ~'- ~, tv. 'l...-
Home Phone Business Phonet-/"2-1- 10S OV Fax '-1'2-7 -Oi Cj L...-
Signature~ \A4o~_ Date ll\'o}ro
\
. . ......."...".. ........ . ~ ."......
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 $125.00
Other Requests $150.00
Date Paid Receipt #
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..: The P1a.nrm:"g ~d ZOning Commission of theCityofAridoverwil.Lhold ptrbli6bearings'.at': :
,:, ~:OQ :p.rn,; or .~. soon Uiere!lih:r aS'dlll be heard,' on Ttie'sday,'November 14,:2000 at thir:-' " ..'
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Andover: City. Hail, 1685. CrosstoWn Boulevm-d..NW; A,.rldoyer; Minne,sofu to co~sider&e
following applications recl1iested byW oodland Development Corporation:'.,. .... .... .....~.
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'; 2. ':Anlended.SpeCiaJ.\Use permit for a Pl~edUnitpeveloPII1t:nt toci{!irige raila;'.".
designation imdertheonginalPUD fromNB, Neighborhood Busmess to'M-l;:';
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. Multiple Dwelling (low density). . . -. .', . ,. .
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3, Preliniinary Platof "Woodland Creek Townhomes"consistingo"f 18'to\',nhome .
lots/units,. ' . -..
4. 'SpecialUse Pemut for. an area identification sign for"WoodlandQr~eJc
Townhomes";' " "c..'. .:., ..; ... . '.',. .-..:"', .', ,:':'
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.ThepropertYis generaiiYJ~t~ted northeast oftheinfer~ectt?'~cih.1ari~oldStreet N\Van,ci . '. ..... .
Bunker Lake Boulevard NW,andis legally ciescribeqas Lot,1,Block.8,WoodlandCreeki. .:;.
AIloka CoUnty, Miiinesota. ,..... .'::',.>' ': >' ". .......: .'
Publication dates:. . November 3, 2000 & Novemh~r 10,2000
PIN 333224230006.0 PIN 323224140061.0 PIN 323224140060.0
~ A.DOW CREEK CHURCH JOHNSON MICHAEL M & LISA M ADAM MURRAY W & DEBORAH M
/ BUNKER LAKE BLVD OR CURRENT RESIDENT OR CURRENT RESIDENT
ANDOVER, MN 55304 3214 138TII LN 3222 138TII LN
ANDOVER, MN 55304 ANDOVER, MN 55304
PIN 323224140058.0 PIN 323224140059.0 PIN 323224140057.0
SCHULTE JEAN A GRATZ NICHOLAS D & DEBRA A PERRY BERNARD A R
OR CURRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT
3254 138TII LN 3238 138TH LN 3270 138TII LN
ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304
PIN 323224140026.0 PIN 323224140027.0 PIN 323224140028.0
SEAMANS JAMES S & SYLVIA E POORE STEVEN R & ROCHELLE D FJELD CHRISTOPHER T & COLLEEN
OR CURRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT
3294 138TII LN 3293 138TII AVE 3307138TIIAVE
ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304
PIN 323224140029.0 PIN 323224140052.0 PIN 323224140053.0
JERICH MICHAEL A & STRAND T M LENNARD LAWRENCE L REED JEFFREY D & SALLIE K
OR CURRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT
3321138TIIAVE 3205138TIIAVE 3221 138TH AVE
ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304
PIN 323224140054.0 PIN 323224140055.0 PIN 323224140056.0
RYGWALL JAMES K & MARIAN E SCHUETIE DANIEL W & JANICE KAMPA CRAIG S
OR CURRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT
'~~7 138TII AVE 3253 138TII AVE 3269 138TII AVE
. JOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304
PIN 323224140051.0 PIN 323224140050.0 PIN 323224140049.0
OSTRANDER JAY & OSTRANDER D HOLM TERRILEA P & KARL S PASCHKE MICHAEL J & KATHY R
OR CURRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT
3212138TIIAVE 3220 138TII AVE 3236 138TII AVE
ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304
PIN 323224140048.0 PIN 323224140047.0 PIN 323224140046.0
FALEY MICHAEL J & LOIS A WANDLING CORY L & RHONDA K WOODLAND DEVELOPMENT CORP
OR CURRENT RESIDENT OR CURRENT RESIDENT 13632 V AN BUREN ST NE
3252 138TH AVE 3268 138TH AVE HAM LAKE, MN 55304
ANDOVER, MN 55304 ANDOVER, MN 55304
PIN 333224230003.0 PIN 333224320037.0 PIN 323224410002.0
DYNES BRUCE L & DIANNE M NORMAN RYAN M & CYNTIIIA A RIVERDALE ASSEMBLY OF GOD
OR CURRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT
3155 BUNKER LAKE BLVD 3136 BUNKER LAKE BLVD 3210 BUNKER LAKE BLVD
ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304
PIN 333224320035.0 PIN 333224320036.0 PIN 323224410052.0
SCHINDLER DONALD D & LONNA L BRISBIN JASON C & ANGELA K MCFARLAND J J & WASHBURN EA.
OR CURRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT
3160 BUNKER LAKE BLVD 3148 BUNKER LAKE BLVD 13679 MARIGOLD ST
ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304
',hl-i 323224410043.0 PIN 323224410044.0 PIN 323224410051.0
SEDGWICK GARRETT L & APRIL J BREEGGEMANN WM F & P M GOMEZ MARY S
OR CURRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT
13676 MARIGOLD ST 13677 NARCISSUS ST 13667 MARIGOLD ST
ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304
PIN 333224320030.0 PIN 333224320031.0 PIN 323224410050.0
HThJSON KENNETH R & BARBARA A DOCKTER CHERYL E JOHNSON BRADLEY D
,;URRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT
3149136THAVE 3162136THAVE 13655 MARIGOLD ST
ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304
PIN 323224140076.0 PIN 323224140075.0 PIN 323224140074.0
CHENAN CONSTRUCTION CURRENT RESIDENT SCHULTZ CARL J & WENDY A
8945 GLEN EOIN LANE 3318138THAVE OR CURRENT RESIDENT
BROOKLYN PARK, MN 55443 ANDOVER, MN 55304 3336138THAVE
ANDOVER, MN 55304
PIN 323224140075.0 SOLID OAK CONSTRUCTION
462 138TH AVE NE
BROMLEY HOMES, INC HAM LAKE, MN 55304
14226 PIERCE ST NE
HAM LAKE, MN 55304
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
J DATE: December 5. 2000
AGENDA SECTION ORIGINATING DEPARTMENT
Discussion Community Development
ITEM NO. David L. Carlberg
~. . Community Development Director
Discuss Status of Ordinance No. 255
An Ordinance Establishing a One-Year Moratorium
on Multi-family Housing
Request
The City Council is requested to discuss the status of Ordinance No. 255, an ordinance establishing a
one-year moratorium on multi-family housing. Attached is the ordinance for Council consideration and
discussion.
History
On April 18, 2000, the City Council adopted Ordinance No. 255. The ordinance established a one-year
moratorium on all multi-family housing in excess of two units per building and a density of more than
four units per acre. The ordinance was adopted to allow the City the necessary time to study and adopt
new and amended ordinances and policies to regulate multi-family housing in light of the adoption of
housing goals for the City (adopted March 6, 2000) and the resulting integration and implementation of
these goals in the Andover Comprehensive Plan and official controls (ordinances).
Actions Taken
The City Council on July 18,2000 adopted Ordinance No. 8YYYYY, an amendment to Ordinance No.
8, the Zoning Ordinance (attached). Said amendment requires all multi-family, commercial and
industrial rezonings to be done by "contract rezoning".
The City Council on November 9,2000 adopted Ordinance No. 1I2A, an amendment to Ordinance No.
112, Regulating Planned Unit Developments (attached). The amendment clarified and strengthened the
ordinance.
The City Council on November 21, 2000 adopted Ordinance No. 112B, an amendment to Ordinance No.
112, Regulating Planned Unit Developments (attached). The amendment requires a 2/3 vote of all City
Council members to approve special use permits for planned unit developments.
Decision
The City Council is asked to decide whether the actions taken to date are the necessary measures for
effectuating the Comprehensive Plan and the housing goals therein.
J
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO. 255
AN INTERIM ORDINANCE REGULATING THE USE AND DEVELOPMENT
OF LAND WITHIN THE CITY OF ANDOVER FOR THE PURPOSE OF
PROTECTING THE PLANNING PROCESS AND THE HEALTH, SAFETY
AND WELFARE OF THE CITY.
The City Council of the City of Andover does hereby ordain:
Section 1. Le~islative Findin~s of Fact.
The City of Andover, Minnesota, a predominantly residential community has
sustained considerable urban residential development. On March 6, 2000, the City
Council adopted housing' goals for the City of Andover as required by the
Metropolitan Council as a part of the updating of the Andover Comprehensive Plan.
The housing goals provide for a substantial increase in the number of multi-family
housing units within the City over the ne^-'t ten years. The City Council of the City of
Andover has committed to the integration and implementation. of the housing goals
within the Andover Comprehensive Plan. Based on this commitment, the City
Council deems it necessary to study, prepare and recommend for hearing and adoption
new and an1ended ordinances, policies and regulations which are necessary measures
for effectuating the Comprehensive Plan. The City finds that unless reasonable
measures are taken for a reasonable interim period to protect the public interest by
preserving the integrity of said plan until the appropriate amendments to ordinances,
policies and regulations are adopted it will destroy the integrity of the Comprehensive
Plan and its basic purpose, need and effect.
. .
Section 2. Le~islative Intent.
It is the intention of the City Council to protect the Comprehensive Plan, proposed
amendments thereto, and their implementation by hereby adopting, pursuant to the
authority vested in the Council by Minnesota Statutes, Section 462.355 an interim
ordinance for a reasonable time during consideration ofthe aforementioned
Comprehensive Plan, proposed amendments, ordinances, policies and regulations for
the City, to protect the public health, safety and welfare of the community.
Page Two
Interim Ordinance
April 18, 2000
Section 3. Affected Area: supersedes.
This Ordinance shall apply to and govern all lands within the City for the purpose of
protecting the planning process and the health, safety and welfare of the City for a
period of one year from the date of adoption. Those properties in which preliminary
plats have been approved by the City Council that provide for multi-family housing
units shall be allowed to develop and shall be exempt from the moratorium provided
the preliminary plat was approved prior to April 18, 2000. This ordinance, during its
effective period, shall replace and supersede provisions in all other ordinances and
regulations applicable to the City of Andover which are in conflict or inconsistent
with the provisions herein. All ordinances and provisions therein which are not in
conflict with the terms and conditions of this ordinance shall continue in full force and
effect.
Section 4. Scope of Control.
Except as hereinafter provided in this ordinance, during the period of April 18. 2000
through April 18, 2001:
Neither the Planning and Zoning Commission of the City of Andover or the City
Council shall review sketch plans or grant any preliminary plat approval to a
subdivision of multi-family housing in excess of two units per building. Nor shall
said Commission or Council review sketch plans or grant any preliminary plat
approval to a subdivision of multi-family housing that exceeds a density of four
units per acre. .
Section 5. Penalties.
Any person, firm, entity, or corporation who violates any provisions of this ordinance
shall be subject to the penalties and enforcement provisions set forth in Ordinance No.
10, Section 18 of the City of Andover.
Page Three
Interim Ordinance
April 18, 2000
Section 6. Validitv.
The validity of any word, sentence, section, clause, paragraph, part or provision of
this ordinance shall not affect the validity of any other part of this ordinance which
can be given effect without such invalid part or parts.
Section 7. Effective Date.
This ordinance shall take effect upon adoption and publication as required by law.
Adopted by the City Council of the City of Andover on this 18th day of April, 2000.
, CITY OF ANDOVER
ATTEST:
IL7tA~ {/~
Victoria Volk, City Clerk
)
CITY OF ANDOVER
COUNTYOFANOKA
STATE OF MINNESOTA
ORDINANCE NO. 8YYYYY
Ordinance 8 'is hereby amended as follows:
5.02 Rezonings. The procedure for changing zoning district boundaries
(rezoning) shall be as follows:
(G) Contract Rezonings
( 1) Purpose. The purpose for the contract is to formalize development
standards to ensure consistency and compatibility with sUlTounding
land uses and neighborhoods.
(2) Execution. Execution of a zoning contract recorded with the propertY
shall be compulsory for all rezoninl!s to multiple family. commercial,
and\or industrial districts. including the following:
. M-1. Multiple Dwelling Low Density
. M-2, Multiple Dwelling
. LB, Limited Business
. NB. Neighborhood Business
. GB, General Business
. SC, Shopping Center
. I, Industrial
(3) Standards. The following standards shall be included in the zoning
contract:
(a) Agreement to layout, develop and maintain the subject
property as presented in the accompanying preliminary plat or
site plan.
,(b) Provision to allow the City Council to commence rezoning of
the property to the previous zoning district if the preliminary
plat or site plan is not adhered to. Said zoning change shall not
be contested by the property owner or signer of the zoning
contract.
(c) Additional standards may be included to protect the health,
safety, and general welfare of surrounding land uses.
(4) Modifications. Any modification or revision to the zoning contract or
attached plans shall be prohibited without maiority consent of the
City Council. Any substantial modification as determined by the City
Council shall be subject to a public hearing and notification of
adiacent property owners pursuant to the public hearing requirements
of this ordinance.
6.02 Minimum Requirements
Lot Area Per Dwelling Unit (square feet): LB
2-Farnily Home 7,000.
Apartments (square feet):
Efficiency 1,500.
I-Bedroom Units 2,500.
2- or More Bedroom Units 3,500.
Floor Area Per Dwelling Unit (square feet):
2-Family Home goo
Apartments (square feet):
Efficiency .w9
I-Bedroom Units -700
Each Additional Bedroom (Plus) BQ
7.01 Permitted Uses
Business Districts:
LB, Limited Business
.,.
Barber Shops. Beautv Salons and Tanning Studios
Business schools
Churches
Day Care Centers
Essential Service Structures - including but not limited to
buildings such as telephone exchange stations, booster or sub-
stations, elevated tanks and lift stations conforming to architectural
style ofthe neighborhood.
Financial Institutions
Medical and dental clinics
Mortuaries and funeral homes
Professional offices (loading berths prohibited)
Professional studios
Rest homes and nursing homes
Urb:m agricultural (SZZ, 3 15 gS)
Veterinary Clinics (no outside pens or animal storage)
In no circumstances shaH exterior storage be permitted.
7.03 Special Uses
Business Districts:
LB, Limited Business
Adult Use Businesses as defined in Ordinance -:f 92 :md as
amended. (SNN}J, 7 17 90)
Clubs and lodggs
Liquor License (SL, 7 ::'1 S 1)
Motels (gZ, 3 15 S S)
Churches
Commercial Greenhouse
. Restaurants
Retail Trade and Services
Twenty-Four (24) Hour Continuous Operation of permitted uses
7.ll4 Uses Excluded
In LB, Limited Business District:
Exterior Stora~e
All other sections of this ordinance shall remain as written.
Adopted by the City Council of the City of Andover on this 18th day of July, 2000.
CITY OF ANDOVER
ATTEST: ~. ~ ?Jk/J(~
#.E. McKelvey, Mayo
l<j;' {~
J..u :#!4.~ V.
Victoria V olk, City Clerk
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO. 112A
AN ORDINANCE AMENDING ORDINANCE NO. 112, REGULATING PLANNED
UNIT DEVELOPMENTS (PUDs) IN THE CITY OF ANDOVER.
The City Council of the City of Andover hereby ordains as follows:
Section 1. Purpose. This Ordinance intended to provide for the permit flexibility of
site design and architecture for the conservation ofland and open space through
clustering of buildings and activities. This flexibility can be achieved by waiving or
varying from the provisions of Ordinance No.8, the Zoning Ordinance, including lot
sizes, setbacks, heights 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. Planned Unit Developments cmoourage shall accomplish all of the
following:
1. Attaining a hil!her standard of site desil2:n and development that cannot be
accomplished under strict adherence to development ordinance
provisions. Irmo'o'a-tions in de'o'elopme::t to the end that the growing
demands for all styles of economic 8J:ps11Sion ma:,' be met by the ;;reater
variety in type, desi;;l:, and siting of struetures 8i'1d by the consermtion and
more efficient use ofland in such de'/elopments;
~. Hi;;h€r s~andards of site U1.:d buildin;; design t11:1:ou;;h the Hse of trained and
c::perienced land plar.ners, architects ill:d lal:1dseape architGcts;
'"' More com'enicnce in loca~i(m o:nd desi;;n of development and GET/ice
:r.
facilities;
4-: 2. The preservation and enhancement of desirable site characteristics such
as natural topography, woodlands. geologic features and the prevel1tion of .
soil erosion;
~ .\ creati'o'e use of 10000d and related physieal development '1o'rnch allo'.'.'::; a
phmJed and orderly transition ofla.'1c from ;-ural to urnar. uses;
&.;1 An more efficient use ofland resulting in smaller networks of utilities and
streets thereby lowering the development costs and public investments;
1
.
I
'+:4. A development pattern in harmony with the Andover Comprehensive
Plan. (PUD is not as-a means to vary applicable planning and zoning
principles.)
g.,. .^~ more di:Jsirable rmd creati-:e en-:ironment tRrm might be pessible tm-GUf;h
the strict application effue zOl:in; and subdi-:isioR r8f;UlatioRs aftRe City.
Section 2. Definition. Planned Unit Developments (PUDs) shall include all
developments having two (2) ore more principal uses or structures on a single parcel of
land which shall include townhouses, single and two-family homes, apartment projects
involving more than one (1) 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.
Section 3. Zoning District Supplement. A Planned Unit Development (PUD) District
is supplementary to a zoning district within or encompassing all or a portion or pOltions
of one or more original districts in accordance with the provisions of this Ordinance and
the Zoning Ordinance. As used in this Ordinance, the term "original district" shall mean
a zoning district as described in Ordinance No.8, the Zoning Ordinance.
Section 4. General Requirements and Standards.
1. Ownership: An application for PUD approval must be filed by the
landowner or jointly by all landowners of the property included in a project. The
application and all submissions must be directed to the development of the
property as a unified whole. In the case of multiple ownership, the Approved
Final Plan or Plat shall be binding on all owners.
2. Comprehensive Plan Consistency: The proposed PUD shall be
consistent with the Andover Comprehensive Land Use Plan.
3. Sanitary Sewer Plan Consistency: The proposed PUD shall be
consistent with the Andover Comprehensive Sewer Plan when applicable.
4. Ordinance Consistency: The proposed PUD shall be consistent with
the intent and purpose of City Ordinance provisions relating to land use,
subdivision and development.
5. Common Open Space: Common open space at IBaEJt sufficient
to meet the minimum density requirements established by the City shall be
provided within the area of the PUD, except as provided in Subsection 8 below.
6. Operating and Maintenance Requirements for PUD Common Open
Space/Facilities: Whenever and wherever common open or service facilities
2
are provided within a PUD, the PUD shall contain provisions to assure the
continued preservation. operation and maintenance of such open space and service
facilities to a pre-detemlined reasonable standard. Common open space and
service facilities within the PUD may be placed under the ownership of one or
more of the following, as approved by the City Council:
a. Dedicated to public, where a community-wide use is anticipated
and the City Council agrees to accept the dedication.
b. L3d.1dlord c:c:mtrol, 'Iihel's o:1ly the tenants is anticipated.
e. b. Property Owners Association, provided all of the following
conditions are met:
1. Prior to the use or occupancy or sale or the exe:::ution of contracts
for sale of an individual building unit, parcel, tracts, townhouses,
apartment, or common area, a declaration of covenants, conditions and
restrictions or an equivalent document shall be filed with the City of
Andover. Said filing with the City shall be made priorto the filings of
said declaration or document with the recording officer of Anoka County,
Milmesota.
2. The declaration of covenants, conditions and restrictions or
equivalent document shall specify that deeds, leases or documents of
conveyance affecting buildings, units, parcels, tracts, townhouses, or
apartments shall subj ect said properties to the terms of said declaration.
'" The declaration of covenants, conditions and restrictions shall
".
provided that an owner's association shall be formed and that all owners
shall be a member of said association which shall maintain all properties,
private infrastructure and common areas in good repair and which shall
assess or cl:ili,;e charge individual property owners proportionate shaxes
of joint or cornnlon costs. This declaration shall be subject to review and
approval by the City Attorney prior to the recording ofthe final plat. The
intent oftffis these requirements is to protect the property values of the
individual owners through established private control.
4. The declaration shall additionally, amongst other things; provide
that in the event the association fails to maintain properties in accordance
with the applicable covenants and rules and regulations of the City of
Andover or fails to pay taxes or assessments on properties as they become
due and in the event the City of Andover incurs any expenses in enforcing
its rules and regulations, which said expenses are not immediately
reimbursed by the association, then the City of Andover shall have the
right to assess each property with interest thereon imd costs of collection,
3
shall be a lien on each property against which each such assessment is
made. .
5. Membership of the association shall be mandatory for each owner
and any successive ~ owner. tenant or assign.
6. The open space restrictions shall be permanent and not for a given
period of time.
7. The Association must be responsible for liability insurance, local
taxes and the maintenance of the open space facilities deeded to it.
8. Property o'Vvner must pay the prorata share of the cost of the
Association by means of an assessment to be levied by the Association
which meets the requirements for becoming a lien on the property in
accordance with Minnesota Statutes.
9. The Association must be able to adjust the assessments to meet
changing needs.
10. The by-laws and rules of the Association and all covenants and
restrictions to be recorded must be approved by the City Council prior to
the approval of the final PUD plan or plat.
lL Any amendment or dissolution of association. or related documents
must be approved bv the Citv Council.
7. Staging of Public and Common Open Space. When a PUD
provides for common or public open space and is planned as a staged
development over a period of time, the total area of common or public open space
or land escrow security in any stage of development shall, at a minimum, bear the
same relationship to the total open space to be provided in the entire PUD as the
stages or units completed or under development bear to the entire PUD.
\
8. Densitv. Net buildabilitv shall include total grOSS acreage minus
parks. roadwavs. maior drainage and utilitv easements. and type 3. 4 and 5 wetlands as
defmed bv the US Corns of Enrrineers pan1Phlet entitled. "10 Important Ouestions." US
Government Printing Office No. 1979-768-929. or future revisions. The density of a
PUD shall conform to the regulations of the zoning district in which the land and proj ect
are located. and shaE S0 based 01: the 11et buildable &rea (e:~clude streets), except thai;
Density increases of up to five (5%) percent (20% 15% maximum total) may be allowed
for each category listed below at the discretion ofthe City Council, as an incentive for the
developer to include the following features hereby determined to be a benefit to the
public.
4
I
a. Provide trails. parks. or other recreational facilities above and
beyond minimum park or trail dedication requirements that are
accessible to the general public. Significant unde';eloped eommon
open space.
b. Provide additional significant high quality open space above and
bevond minimum dedication requirements. SigFlifica:nt imfll'Oysd
common open space.
c. Incorporate higher quality desirn elements including but not
limited to housing materials. landscaping. and street scaping. All
design elements must be uniform and compatible to the
surrounding buildings and landscape. Distincth'eness and
cJlceller.ce in settin; desi;n and landscapin;.
d. .^Jchitectural style and o';erall appearanee and eompatibilitj' of
indi\'idu:ll buildin;s to other site elements or to slliioundinb
dcyelopment.
The burden for justifying a density increase rests with the applicant.
9. Staging of Development. Whenever a PUD is to be developed in
stages, the density of the stages when totaled shall not exceed the proposed
residential density of the entire PUD. The City may require a developer to record
a restrictive covenant in favor of the City to insure that all stages or phases will be
developed within the overall density for the entire PUD.
10. Utilities. All utilities shall conform to the design standards of
Ordinance No.1 0, the Subdividing and Platting Ordinance and other applicable
design standards on file with the City. All utilities, including, but not limited to,
telephone, electricity, gas, and telecable shall be installed underground.
II. Citv Utilities. All city utilities including, water, sanitary sewer, stonn
sewer and streets shall be designed, installed and maintained by the City in
conformance with all city standards and practices. Utility easements shall be .
dedicated as required by the City.
12. Urban Development and Availabilitv of Public Service. All
development shall be carefully phases so as to ensure that it will not cause an
unreasonable burden upon the City in providing services and utilities or cause a
deleterious impact upon the natural environment.
13. Streets and Site Improvements. All streets and site improvements
shall meet the design standards and regulations contained in Ordinance No.1 0,
5
the Platting and Subdividing Ordinance, unless otherwise approved by the City
Council.
14. Landscapimr. In any PUD, landscaping shall be provided according to a
plan approved by the City Council, which shall include a detailed planting list
with the City Council, which shall include a detailed plating list with sizes and
species indicated as a part of the Final Plan. In assessing the landscape plan, the
City Council shall consider natural features of the particular site maintenance, the
architectural characteristics of the proposed structures and the overall scheme of
the PUD.
15. Special Requirements and Standards.
a. Residential Planned Unit Developments (Density Zoning).
1. Required Frontage and Minimwn Project Size. The tract
of land for which a project is proposed and permit requested shall
not have less than two hundred (200') feet of frontage on a fue-
~ publiclv dedicated and maintained right-of-way and be a
minimum of two (2a.) acres.
, 2_ Yards.
a. The front and side yard restrictions at the periphery
of the PUD site shall, at a minimunl, be the sanle as those
required in the zoning district.
b. No building shall be located less than fiftoon (15')
twenty (20) feet from the back of the curb line. [lion; thaD8
s~reot3 -""hid: arel pa-rt of the pri':a-te internal street pa.ttern.
c. No building within the project shall be located
nearer to another building than one-half (1/2) the sum of
the building heights of the two (2) buildings.
d. ;-ora buildin;s shall bo located nearer tllm: its
buildin; hei;ht to tk rear and side property linec.
b. Commercial or Industrial Planned Unit Developments.
1. Required Frontage and Minimwn Project Size. The tract
of land for which a project is proposed and permit requested shall
not have less than two hundred (200') feet of frontage on tl:e public
a publiclv dediCated and maintained right-of-way aI).d be a
minimum of two (2a.) acres. .
6
2. Yards.
lh The front and side yard restrictions at the periphery
of the PUD site shall, at a minimum, be the same as those
required in the zoning district.
b. ~Te Imildins shall be located nearer tha11 its buildinS
hei;ht to the rear and side property lines.
3. Landscaping, Surfacing and Screening.
a. All areas disturbed 011 the site other than that
covered by structures or hard surfacing shall be landscaped
in compliance with this Ordinance and all other applicable
City Ordinances.
b. The entire site other than that taken up by structures
or landscaping shall be surfaced in accordance with the
standards on file in the office of the City Engineer.
c. Developments abuttin; a residential district shall
be screened and landscaped in complianCE! '.'.'it!: the ZoniFl;
OrdinaFlce G.Rd other applicable re;ulations. Additional
consideration shall be taken to screen existing residences.
c. Mixed Use Planned Unit Developments.
1. Required Frontage and Minirnun1 Project Size. The tract of
land for which a project is proposed and permit requested shall not
. have less than two hundred (200') feet of frontage on thc public
a publiclv dedicated and maintained right-of-way and be a
minimum two (2a.) acres.
2. Yards.
lh The front and side yard restrictions at the peliphery
of the PUD site shall, at a minimum, be at same as tho se
required in the zoning district.
1. }To buildin; shall belooated nearer thm its buildin;
o.
he)i;ht to the rear G.Rd side) property liFles.
3. Landscaping, Surfacing and Screening.
7
a. All areas disturbed on the site other than that
covered by structures or hard surfacing shall be landscaped
in compliance with this Ordinance and all other applicable
City Ordinances.
b. The entire area other than that taken up by
structures or landscaping shall be surfaced in
accordance with the standards on file in the office of
the City Engineer.
c. Developments abutting a residential district shall be
screened and landscaped in compliance with the
Zoning Ordinance and other applicable regulations.
16. Sign Requirements. Signs shall be regulated and confoml to the
standards set out in Ordinance No.8, Section 8.07. All signs shall be shov,'Il on
the Final Plan.
17. Special Protection Districts. Planned Unit Developments involving land
within the Flood Plain, Shoreland Management or Scenic River Districts shall be
subject to the provisions of those ordinances regulating said districts.
~ PUD Credit of Site Improvements. In order to obtain PUD credit for site
improvements including but not limited to trails. parks. landscaping. etc.. the
improvements must be constructed as a part of the initial phase or the costs ll"lUst
be escrowed as determined bv City Council.
Section 5. Application. Review and Administration. The general sequence for
application, review and action on a PUD shall be the same as platting a property as
specified in Ordinance No. 10, the Platting and Subdividing Ordinance. A Special Use
Permit shall be required. Application for the Special Use Permit shall be made as
specified in Ordinance No.8, Section 5.03 and shall be made in conjunction with the
filing of the Preliminary Plat Application.
Section 6.. Violation and Penalty.
1. Misdemeanor. Any person, firm or corporation violating any of the
provisions of this Ordinance shall be guilty of a misdemeanor, and upon
conviction thereof shall be punished as defined by State Law.
2. Other Remedies. In addition to the penalties imposed by this ordinance,
the City may exercise, with or separately from such penalties, all and any legal
and equitable remedies then available to the City by this ordinance, or by statute,
or by other ordinances of the City, or by applicable rules and regulations, to
enforce this ordinance, including, without limitation, injunction.
S
Section 7. Effective Date. This Ordinance shall take effect and be in force
from and after its passage and publication.
Passed by the City Council of the City of Andover this 9th day of November, 2000.
CITY OF ANDOVER
. ~.f. }1f~Ii~
(,v.E. McKelvey, Mayor .
ATTEST:
-(- d./b
t1,&~.J
Victoria V olk, City Clerk
,
c
9
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO. 112B
AN ORDINANCE AMENDING ORDINANCE NO. 112, REGULATING
PLANNED UNIT DEVELOPMENTS (PUDs) IN THE CITY OF ANDOVER.
The City Council of the City of Andover hereby ordains as follows:
Ordinance No. 112 is hereby amended as follows:
Section 5. Application. Review and Administration.
The general sequence for application, review and action on a PUD shall be the
same as platting a property as specified in Ordiriance No. 10, the Platting and
Subdividing Ordinance. A Special Use Permitshall be requireq. Application for
, the Special Use Permit shall be made as specified in Ordinance No.8, Section 5.03
and shall be made in conjunction with the filing of the Preliminary Plat
Application. A 2/3rds vote of all City Council members shall be required to
aporove a soecial use oermit for a planned unit develooment. .
All other sections of this ordinance shall remain as written and adopted by the City
Council of the City of Andover.
Adopted by the City Council on this 21st day of November, 2000.
ATTEST: CITY OF ANDOVER
r fA e. )J?,,~
tL.~. d;.tL
~ _/
Victoria Volk, City Clerk /J. E. McKelvey, Mayor V
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
J DATE: December 5.2000
AGENDA SECTION ORIGINATING DEPARTMENT
Discussion Planning
ITEM NO.
Discuss Variance Jeff Johnson, Zoning Administrator
Rear Yard Setback (Accessory Structure)
14287 Raven Street NW
~~ Groustra
ReQuest
The City Council is asked to review and discuss the variance request of Gary Groustra to allow
for the construction and placement of a accessory structure (816 square feet) to encroach thirty
(30) feet into the forty (40) foot rear yard setback on the property located at 14287 Raven Street
NW, legally described as Lot 9, Block 2, Kensington Estates Second Addition. The lot is a
through lot (the front yard abuts Raven Street NW and the rear yard abuts Crosstown Boulevard
NW).
Back~round
The applicant was issued a building permit on November 4, 1999 to construct an accessory
building. On November 8, 1999, the Building Inspector approved the footings and a cement slab
was poured. Before the stud walls were completed, the Building Department stopped work on
the project knowing that the building did not meet the setback requirements.
The permit was issued in error. Staff has had numerous discussions with the applicant to correct
the problem. At the request of Staff, the applicant has submitted the costs that are associated
with the removal ofthe structure and restoration of the rear yard.
The City Attorney has reviewed this material and recommends that the City either pay the costs
or issue the variance to correct this matter.
Planninl: and Zoning Commission Recommendation
The Planning and Zoning Commission met on November 14,2000 and has no recommendation
(3-3 vote) for the Council regarding this request.
A resolution is attached for your review.
/ CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RESOLUTION NO. -
A RESOLUTION GRANTING THE VARIANCE REQUEST OF GARY GROUSTRA
TO ORDINANCE NO.8, SECTION 6.02 WHICH REQUIRES A FORTY (40) FOOT
SETBACK FROM A MAJOR ARTERIAL AND TO ALLOW FOR THE
CONSTRUCTION AND PLACEMENT OF AN ACCESSORY BUILDING TO
ENCROACH THIRTY (30) FEET INTO THE REQUIRED SETBACK ON THE
PROPERTY LOCATED AT 14287 RAVEN STREET NW, LEGALLY DESRIBED AS .
LOT 9, BLOCK 2, KENSINGTON ESTATES SECOND ADDITION.
WHEREAS, Gary Groustra has requested a variance to Ordinance No.8, Section
6.02 which requires a forty (40) foot setback from a major arterial and to allow the
construction and placement of an accessory building to encroach thirty (30) feet into the
required setback on the property located at 14287 Raven Street NW, legally described as
Lot 9, Block 2, Kensington Estates Second Addition.
WHEREAS, the Planning and Zoning Commission has reviewed the request and
/ recommends to the City Council approval based on the determination that a building
permit error exists.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Andover hereby agrees with therecommendation of the Planning and Zoning
Commission and hereby approves the variance requested by Gary Groustra to Ordinance
No.8, Section 6.02 which requires a forty (40) foot setback from a major arterial and to
allow the construction and placement of an accessory building to encroach thirty (30) feet
in the required setback on the property located at 14287 Raven Street NW, legally
described as Lot 9, Block 2, Kensington Estates Second Addition.
Adopted by the City Council of the City of Andover 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 -November 14, 2000
Page 8
/
Motion by Daninger, seconded by Dalien, to forward to the City Council a
recommendation to approve Resolution No. R _-00 granting the Amended Special Use
Permit requested by Woodland Development to a Planned Unit Development to develop
18 Townhomes in an area designated as Commercial in the original approval of July 21,
1987 on the property legally described as Lot 1, Block 8, Woodland Creek. Motion
carried on a 6-ayes, O-nays, I-absent (Apel) vote.
Chair Squires stated that this item would be considered at the December 5, 2000 City
Council meeting.
Motion by Falk, seconded by Dalien, to forward to the City Council a recommendation to
approve Resolution No. R _-00 approving the Preliminary Plat of the Planned Unit
Development of "Woodland Creek Townhomes" by Woodland Development located in
Section 32, Township 32, Range 24, Anoka County, Minnesota. Motion carried on a 6-
ayes, O-nays, I-absent (Apel) vote.
Chair Squires stated that this item would be considered at the December 5, 2000 City
Council meeting.
Motion by Dalien, seconded by Hedin, to forward to the City Council a recommendation
/ to approve Resolution No. R _-00 granting the Special Use PermitlVariance request of
Woodland Development Company to allow for the construction of an Area Identification
Sign pursuant to Ordinance No.8 Section 8.07 on the property located at 32XX Bunker
Lake Blvd.
Further Discussion
Chair Squires noted that the exact wording to be used on the sign will be clarified
between now and the December 5, 2000 City Council meeting.
Motion carried on a 6-ayes, O-nays, I-absent (Apel) vote.
Chair Squires stated that this item would be considered at the December 5, 2000 City
Council meeting.
@ VARIANCE: (VAR 00-18) - ORDINANCE 8, SECTION 6.02 -REAR YARD
SETBACK ACCESSORY BUILDING -14287 RA VEN STREET NW - GARY
GROUSTRA.
Mr. Johnson explained that the Planning Commission is being asked to review the
variance request of Gary Groustra to allow for the construction and placement of an
/ accessory structure to encroach into the rear yard setback on the property located at
14287 Raven Street NW.
Regular Andover Planning and Zoning Commission Meeting
Minutes -November 14, 2000
Page 9
Mr. Johnson explained that on November 4, 1999 the applicant was issued a building
permit to construct an accessory building and on November 8, 1999 the Building
Inspector approved the footings and a cement slab was poured. He stated that before the
stud walls were completed, the Building Department stopped work on the project
knowing that the building did not meet the setback requirements. He mentioned that the
permit was issued in error, and therefore the applicant has submitted the costs associated
with the removal of the structure and the restoration of the property.
Mr. Johnson explained that the City Attorney has reviewed the material and recommends
that the City either pay the costs or issue the variance to correct the situation.
Commissioner Kirchoff questioned if there is any past history of granting a variance due
to a permit being issued in error. Mr. Hinzman explained that there has been a couple
that have taken place in the past and in those situations the City looked at it as an error
and therefore granted the variance.
Commissioner Kirchoff questioned what the requirement for the setback would be if the
property is located along a county road. Mr. Hinzman explained that Ordinance No.8;
Section 6.02 requires a 40-foot setback from any major arterial.
,
Commissioner Kirchoff questioned if the county highway department has reviewed the
request. Mr. Hinzman stated that they have not reviewed the request, since it would be
outside of their jurisdiction.
Commissioner Dalien questioned if the backyard is currently fenced. Mr. Johnson stated
that the backyard of the property is currently fenced.
Chair Squires questioned whose handwriting is in the upper right hand corner of the
drawing included in the staff report. Mr. Johnson explained that it is the Building
Inspector's handwriting.
Commissioner Hedin questioned how close to the setbacks has the City approved in the
past. Mr. Hinzman explained that some have been between 5 and 10 feet, however most
of them were front yard encroachments.
Commissioner Hedin questioned if there was another request recently involving a
swimming pool that is similar. Mr. Hinzman stated that that request was approximately a
year ago and was a side yard setback.
Chair Squires mentioned that he doesn't recall the City ever issuing a variance to allow
for something to encroach 30 feet into the required setback. He stated that in the past
/ they have tried to stay clear from these requests since often times the road is widened.
Regular Andover Planning and Zoning Commission Meeting
Minutes -November 14, 2000
Page 10
Commissioner Hedin questioned stated that even if the road were widened it still
wouldn't be in the right of way and furthermore it isn't on the comer.
Chair Squires questioned a specific cost the applicant had listed which was included in
the staff report. The applicant Gary Groustra explained the costs in question.
Commissioner Daninger questioned if it was within forty feet then would it still be
possible to put a garage there. Mr. Groustra stated that it would be very difficult to do so.
Commissioner Daninger questioned if the accessory building is a garage or a shed. Mr.
Groustra stated that the building is a. garage.
Commissioner Daninger questioned if there would be a driveway. Mr. Groustra stated
that indeed there would be a driveway. He pointed out the location.
Chair Squires questioned what the City's deductible is for insurance in a case such as
this. Mr. Hinzman stated that he is unsure of the amount of the deductible.
Chair Squires mentioned that if the Commission is trying to compare the two options it is
important that the deductible is taken into consideration.
Commissioner Hedin questioned if Mr. Groustra plans to plant large trees between the
garage and the road. Mr. Groustra stated that he is unsure at this time, however would
like to do so.
Commissioner Falk questioned how many feet are between the garage and the road. Mr.
Groustra stated that there would be 10 feet.
Commissioner Daninger questioned where the materials are being stored. Mr. Groustra
explained the location of the materials.
Commissioner Daninger questioned if the applicant has everything that is on the list he
submitted. Mr. Groustra explained that he has everything with the exception of the
trusses and he explained their.location.
Commissioner Kirchoff questioned if the City anticipates that the road will be upgraded
in the future. Mr. Hinzman stated that it is currently not within the 5-year plan, and
believes that it is also nota candidate for the 2020 plan.
Commissioner Kirchoff questioned the reason the ordinance requires a 40-foot rear yard
setback and not 10 feet. Mr. Hinzman gave reasons to support the ordinance.
Regular Andover Planning and Zoning Commission Meeting
Minutes -November 14, 2000
Page 11
,
Commissioner Hedin stated that he is leading towards granting the variance instead of
having the applicant go through the process of tearing down what has already been
started. He mentioned that he would recommend that trees are planted in that 1 a-foot rear
yard setback.
Commissioner Falk commented that he is pleased to see that the City is working with the
applicant on this issue in trying to come to a reasonable conclusion.
Commissioner Dalien questioned if the Building Rules & Guidelines pamphlet mentions
the 40-foot rear yard setback requirement. Mr. Hinzman stated that he is unsure, but
mentioned that it should be listed.
Mr. Groustra stated that he has the pamphlets in hand and mentioned that there is nothing
in there explaining the setback requirements.
Commissioner Kirchoff questioned if there was and is now a drawing available. Mr.
Groustra stated that indeed there was a drawing available and it is also included in the
packet of information provided for the Commissioners.
Chair Squires stated that some of the confusion might be a result of the drawing not
showing a street at the top of the page. He asked to review the pamphlets Mr. Groustra
was given. Mr. Groustra handed the following pamphlets to the Commission; Permits
Made Easy - Garages, Accessory Buildings & Structures, and Building Rules &
Guidelines.
Commissioner Dalien questioned if the building inspector was out to the site. Mr.
Groustra stated that he thinks so, but was working at the time and therefore wasn't home.
Mr. Johnson explained that the footing was first approved and after the stud walls started
going up it was then caught.
Commissioner Dalien agreed with Commissioner Hedin in that it wouldn't be right to
inconvenience the applicant anymore than the City already has and therefore would
support the variance request.
Commissioner Daninger stated that he understands the pain and suffering the applicant
has gone through, especially since it appears that the garage is probably a "dream
garage". He mentioned that he doesn't support the variance request, since it is possible
the County could widen the street. He stated that he feels there is a better solution to the
problem.
Chair Squires stated that the Building Rules & Guidelines pamphlet does have the
setbacks included.
Regular Andover Planning and Zoning Commission Meeting
. Minutes -November 14, 2000
Page 12
Commissioner Hedin questioned that if the road is widened would Mr. Groustra loose his
garage. Mr. Hinzman stated that he is unsure, since it would depend on where they put
the right of way. He did mention that it is likely the expansion would be to the south of
the road and therefore would not effect Mr. Groustra's garage.
Commissioner Hedin questioned Mr. Hinzman if the City could expand the road within
the 10-foot buffer. Mr. Hinzman stated that indeed the City could expand the road within
the 10-foot buffer, however the chances would be slim based on the present right of way.
Commissioner Kirchoff mentioned that it should have been clarified to the applicant what
was written in the pamphlet. He mentioned that he would like more information as to
what the county's plans would be if the road were expanded.
Commissioner Dalien mentioned that if it doesn't require any additional right of way then
it shouldn't matter where the garage is located. He mentioned that there are houses closer
than 10 feet to the road in other parts of the City.
Commissioner Daninger mentioned that the reason the ordinance is there is because
people don't want to see buildings that close to the road. He stated that it is important to
/ consider that people will be noticing the garage everyday as they drive by since it is so
close to the road.
Commissioner Hedin stated that it isn't right to punish the applicant since there were two
City officials on site, neither of which caught the mistake.
Mr. Groustra submitted another piece of paper for the Commission's'review. He
explained that the Building Inspector stated that at the time he didn't need a copy of it,
however had he made a copy this mistake would have never happened.
Motion by Hedin, seconded by Falk, to forward to the City Council a recommendation to
approve Resolution No. granting the Variance request of Gary ,Groustra to
Ordinance No.8, Section 6.02 which requires a forty foot setback from a major arterial
and to allow for the construction and placement of an accessory building to encroach
thirty feet into the required setback on the property located at 14287 Raven Street NW,
subject to the following condition:
1. That trees are planted in the 10 foot rear yard setback between the garage and
the road.
Further Discussion
RegularAndover Planning and Zoning Commission Meeting
Minutes -November 14, 2000
Page 13
Chair Squires stated that he believes the setbacks should be honored to the extent of the
City Guidelines. He mentioned that he believes it is more important to meet those
setback requirements than recommend the variance. He respected the agony and
inconvenience it is to the applicant, but believes there be another solution.
Commissioner Daninger agreed with Chair Squires in that there is a better solution to the
problem.
Motion carried on a 3-ayes (Hedin, Dalien, and Falk), 3-nays (Daninger, Squires, and
Kirchoff), I-absent (Apel) vote.
Chair Squires stated that this item would be considered at the December 5, 2000 City
Council meeting.
PRESENTATION: UPDATE OF FIRE DEPARTMENT POLICIES -DAN
WINKEL, FIRE CHIEF.
Mr. Hinzman introduced Fire Chief Dan Winkelto update the Commission on the Fire
Department's current policies. Chief Winkel reviewed the policies as presented in the
\ staff report. He explained that the packet before the Commission is the same packet that
I is distributed to planners, builders, contractors and others who have applied for some type
of building permit. Some of the policies he touched on were; fire alarm installation
procedures, monitoring system installation procedures, sprinkler system installation
procedures, sprinkler system - emergency repair work procedures, sprinkler system - day
work installation procedures, lock box/key box policies, requirements for posted fire
lanes, temporary access roads and water supply during construction, and the guidelines of
the Andover Fire Department.
Commissioner Kirchoff questioned if the City can plan on seeing temporary turn arounds
in the future. Chief Winkel stated that the City does have a few temporary turn arounds
and do plan on using them more often in the future.. He mentioned that it sometimes can
be difficult in an emergency situation since there aren't very many straight through streets
in the City. He explained that they have started to eliminate the dead end streets by
connecting the developments together. :
Commissioner Daninger thanked Chief Winkel for attending the meeting. He questioned
Chief Winkel ifhe had any guidance to give the Commission on the concept of
residential sprinkler systems. Chief Winkel stated that it would be great if every home
had a sprinkler system, however the cost is substantial and would drive up the costs of
homes and provide even less affordable housing.
Commissioner Falk questioned if Chief Winkel believes that they could become
mandatory for all new homes in the future. Chief Winkel stated that he doesn't see it
"
CITY OF ANDOVER
REQUEST FOR PLANNING COMMISSION ACTION
DATE November 14, 2000
AGENDA ITEM ORIGINATING DEPARTMENT APPROVED FOR
AGENDA
9. Variance (00-18)
Rear Yard Setback (Accessory Bu ding) Planning
14287 Raven Street NW BY: Jeff Johnson BY:
,... ~
'oJ .
REOUEST
The Planning and ZonIng Commission is asked to review the variance request of Gary
Groustra to allow for the construction and placement of a accessory structure to encroach
into the rear yard setback on the property located at 14287- Raven Street NW, legally
described as Lot 9, Block 2, Kensington Estates Second 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 and setbacks.
This Section requires a forty (40) foot rear yard setback due to the fact the lot abuts a
major arterial (Crosstown Boulev~d NW).
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,
GENERAL BACKGOUND AND HISTORY
The applicant is requesting the variance to construct a 34' x 24' (816 square foot)
accessory structure that will encroach thirty (30) feet into forty (40) foot rear yard setback
, from a major arterial.
Two
J Variance - Gary Groustra
14287 Raven Street NW
On November 4, 1999 the applicant was issued a building permit to construct an
accessory building. On November 8, 1999 the Building Inspector approved the footings
and a cement slab was poured. Before the stud walls were completed, the Building
Department stopped work on the project knowing that the building did not meet the
setback requirements.
The permit was issued in error. Staff has had numerous discussions with the applicant to
correct this problem. At the request of Staff, the applicant has submitted the costs that are
associated with the removal of the structure and the restoration of the property.
The City Attorney has reviewed this material and recommends that the City either pay the
costs or issue the variance to correct the situation.
COMMISSION OPTIONS
1. Approval. The Planning and Zoning Commission may recommend approval
to the City Council of said request.
2. Denial. The Planning and Zoning Commission may recommend denial to
the City Council of said request.
3. Table. The Planning and Zoning Commission may table the item pending
further information from staff or the applicant.
A resolution for approval is attached for your review.
- ---
1/
85'
I 10'
dY'
24' Prpposed Garage
34' x 24' = 8165.f,
3' 34' )( 3' Apron
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135'
165'-5 5/8"
D(isti'n
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Owner: Gary & Cheryl Groustra ,J
Address: 14287 Raven Street N. W.
Andover MN 55304
Pin # R27 32 24 33 0058 01050258 Vf\JROADMASTER
Kensington [states 2nd Addition, Lot 9, Block 9 Groustro o. voro f!
.34' J( 24' Cora e
Ora..." by: G.G. ApproVltd by: ref:
Dote: II I 99 Rl!!",;ged: f1ll1'"om~:Olot Il'Jn
Gary Groustra
, 14287 Raven St. N.W.
Puldover,~.55304
Home 763-755-4071
Work 651-483-2656
October 7, 2000
City of Puldover:
This letter is in response to the meeting held December 15, 1999 at 4:00 PM, with
Donald Olson, Dave Carlberg, Dave Almgren, John Hinzman, Herb Blommel, and
myself Gary Groustra.
To best explain our situation I would like to construct a brieftime-line for you.
In 1989 we began looking to purchase a property for our family, which was also
suitable to build a garage in the backyard for my drag racing hobby.
." 0'--'.. , ~-"..
-"~
I March. 1990
, ":Pllfchase~ the~propertyat 14287 :R~ven Sf-NrW~<ki~rHilli. Welookegfora . .c~'. .:;:
..p~opet:slte;~wh1ch had a large enough'bacr6'.af1h(ftOrtStrUctif({efuched'g~'iige:'ThjS.c~~tT;t~~~
piece of property, with its deep backyard, 100kedverysuitable;f(}f:out'needS:' "., "' ':. .
Sprine:. 1998
I went to the City of Andover for information reguarding the building of a garage. I
asked to speak with someone who could help me with questions I needed answers
for. I had an informal meeting with John Hinzman (City Planner) in the lobby. I
showed John a plot plan of my property, with a proposed garage located in the rear
of the backyard.
Question #1. What would be the largest size detached garage I could build in my
backyard? Answer: ( 75% of the square footage ofpriinary residence).
Question #2. Could I gain a driveway access to Co. Rd. 18 at the back edge of my
property? Answer: (City would not grant access to Co. Rd 18 ).
Question #3. The location of proposed building? Answer: ( 10 foot inset of side and
rear property lines.
I thanked Mr. Hinzman for his time, he then provided me with two pamphlets, 1-
Building Rules & Guidelines ( publisher - City of Andover), 2-Permits Made Easy
Garages ( publisher - The Minnesota Building Officials ).
1
After carefully reading these documents, along with Mr. Hinzman's input. My
/ wife and I decided to proceed and build a 34 x 24 garage in the rear of our back
yard.
Julv 27. 1998
Mortgage Refmance Closing. In order to obtain adequate funding for this garage, it
was necessary for us to refmance our home mortgage loan. We needed to lower our
monthly payment to allow our budget enough room to obtain a Second Mortgage.
September 18. 1998
Second Mortgage Closing. Attain proceeds to be used to build proposed garage.
Winter 1998. Sprin!.! & Earlv Summer 1999
Research, planning, drafting, estimating and subcontracting of the proposed garage.
October 27. 1999
Removal of trees clearing area for excavation of garage floor and footings.
November 3.1999
Applied for Pennit with City of Angover to build proposed garage. " .
. .
November5~1999.~_-.. .. ... _. ...... .' .'. ..:.. .: ... ...,:,.:'_-~~'~~~~'.':_'._-~~'-~--
. -ReceivedPermitfrorn (2ityofAIidover, 'approved by Don8.1dOlson (AssIsUIDt~~c;::.~:~'~~:.~.f2:~:
Building Official) to build proposed garage. . ... ,... '
November 6.1999
Excavation and preparation of fonns for garage floor and footings.
November 8. 1999
Request City of Andover to inspect footings, approved by Herb Blommel (Building
Official).
November 17. 1999
Pour cement for garage floor and footings.
December 4th and 5th. 1999
Set concrete block side and rear walls.
December 11th and 12th. 1999
Erect North & West stud walls.
2
December 14th. 1999
/ I received notification by phone from Donald Olson (Assistant Building Official),
that the location of construction for the garage (which both Donald Olson and Herb
Blornmel approved to build) was not in compliance with a zoning ordinance, setback
of 40 feet. Mr. Olson explained that he made a mistake, (granting my permit
approval) and did not realize that my property backed up to Co. Rd. 18. He notified
me to stop construction until we resolved the problem.
I asked Mr. Olson what my options were? Mr. Olson advised me that I had two
options to comply. First option - would be to apply for a variance, which he advised
would not be granted. Second option - would be to move the garage ahead 30ft to
comply with the 40ft setback zoning rule. Mr. Olson admitted that both himself and
Mr. Blornmel had made the mistake. By not realizing the location of my property
backs up to Co. Rd. 18, while approving the Building Permit and at the time of first
(footings) inspection. He explained that he would check with funding, to see if the
City could help offset costs to correct this oversight, and comply with zoning
ordinances. Mr. Olson asked me if I could come to City Hall to meet with himself
and other qty Officials to discuss possible solutions to our problem. I agreed to
meet, Tuesday December 15, 1999.
~.., "-~ ~ ...
-- -.
December 15.1999 .'" .:-...:..... ... ....~..~.:.:" :; ._-~.. ..-'.
Discussion about various ideas to correcttheproblem with!helocationofiny:.' .C. .... ...
/ -. -', ..' . ._~. 00 '. --~ -"-~f' "-,,. - .... ~
o .garage weN.held with Dave Carlberg, Dave A1iD.gren, .J3.5@~I:fIf!zinhI:4-'ffetb~;~:..::::!. ::.:,';:;l:~y}:..
. 'Bioi:lliUel,~DonaId olsoir aild myself, Gary GroUitfa~'Iaeas::aooutrriovmgthe'.garage;::".~:-';~.;,:.;:...:~~.,
straight ahead, turning it 90 degrees and movingitahead;'were.:iliscussed:,It Was:also':'" '..
asked if! would be willing to leave the existing slab where it is and use it as a . .
basketball or tennis court? I explained that I had given a tremendous amount of
thought into building this garage and its location.
I explained that if it would have been disclosed to me in the beginning of planning
stages, written or orally, that I would not be able to build, at the proposed and
approved location. I would have never considered building the garage.
I asked if we could put my back yard back to the condition it was before
construction? Mr. Carlberg commented to remove and restore would be in the City's
interest. It was explained to me that if I wanted to remove and restore, to compile a
list of receipts of my expenses, and estimates to remove the floating slab, then
submit them to the City of Andover. In conclusion I was asked to think about my
options and get back to the City with my decision.
I must explain that this ordeal has put a tremendous amount of distress on my
marriage and family. This garage has been a dream and goal of ours for the past
fifteen years. You must understand that the only reason we settled on this piece of
property, was that it had a deep enough backyard, to support a backyard garage.
There are many people with hobbies of hunting, fishing, boating, that require
3
outbuildings. With my hobby of seventeen years being Drag Racing, I require this
/ outbuilding for the maintenance and preparation, to compete in a sport where I am
able to include my family. There are many homes with backyard garages that have
setbacks to the rear of the property line, which I would consider a very nonnal and
acceptable situation.
Within all of my research, it was never disclosed by the City either written or orally,
we would be unable to build towards the rear of our backyard. I must admit if we
knew this, in the ftrst place, we would have never started this project. We would
have never refmanced our home, and acquired fmancing of a second mortgage, to
fund this garage project. We would have sold our home and moved our residence to
where it would have been acceptable.
I am a production manager for a company that builds motorsport transporters which
cost in excess of $200,000.00 dollars. They take a tremendous amount of research
and planning to accomplish in an accurate manner. I've gained experience for the
past twenty-ftve years to conduct these projects of much magnitude. I feel I have the
sensability and capability to accurately complete this outbuilding.
In conclusion, when I ftrst thought about starting this project, I contacted the City of
Andover, reguarding what I restrictions, limitations, or what would" and would not be
acceptable. I was very careful to read the documents Mr. Hinzman provided tome~
J Along with his guidance, I felt I was complying with all the requirements. sef..forth
by the City.. I was"very cautious and careful to be accurate with all aspe6ts"otltlris~~C:>i" ';:;': ,~.
.. project, because I didncit.wantto have ariy surpiisesoi problemsaJorig tlie,way::of.:::'.::~'i!!:"::
constructing this garage: I feel very unfortunate to be in this position asI havetievei .
deceived, or misguided the City as to my intent with this garage. Employee's ofllie
City of Andover have made mistakes at my expense.
After months of carefully considering my options, and looking at many ideas trying
to fmd a reasonable solution. My wife and I have decided that if the City of Andover
will not allow us to continue construction, of our garage at its approved location. We
would like to remove and restore our backyard to the condition it was in before we
began construction of this garage. We have invested much time and money into this
project, only to be told to stop. Therefore, we feel the City of Andover should
reimburse us our incurred expenses for this project. I am providing you a list, and
copies of receipts, of our expenses. If you have any questions, please contact me
(work (651)-483-2656, home (763)-755-4071).
Sincerely,
~~
Gary Groustra
4
Gary Groustra 10-3-99
'287 Raven St
J
Andover MN 55304
home phone 763-755-4071
work phone 651-483-2656
GaraQe proiect. Expenses 1999/2000
Description Vendor Date Amount
Refinance Mortgage closing costs Rochester Mortgage Company 7/27/98 $3,789.41
Second mortgage interest expense Richfield Bank & Trust 9/18/98 $2,543.97
research & planning Gary Groustra 40hrs@$20.00 $800.00
drafting Gary Groustra 20hrs@$20.00 $400.00
estimating & subcontracting Gary Groustra 20hrs@$20.00 $400.00
tree removal Jimmy Johns 10/27/99 $720.00
building permit City of Andover 11/5/99 $234.69
landscaping removal Gary Groustra . 40hrs@$20.00 $800.00
Concrete Slab Bentler Brick & Masonry ,,__12/12/99 $5,878.81
--
"bor building stud walls Gary Groustra -32hrs@$20.00-,_.; _ $640.00
- ~ . -_. .. . . -.. ... ,- . --. -,.
/
_ , materials lumber . , Menards _i;;2.d Q{3Q~~~_._. $4.63
.u .. _. ~_ '. _ .- ..-,
materials lumber Mimards . -11/6~9_' $189.11
materials lumber Menards 11nJ99 $63.83
materials lumber Menards 11nJ99 $116.90
materials lumber Menards 12/4/99 $57.62
materials lumber Menards 12/11/99 $996.20
materials lumber Menards 12/12/99 $41.89
materials lumber Menards 12/13/99 $251.93
materials lumber The Home Depot 10/31/99 $2.94
materials lumber The Home Depot 12/12/99 $91.82
materials lumber Scherer Brothers Lumber 1217/99 $934.64
materials lumber Inter-State Lumber 12/14199 $155.39
remove concrete slab & blockwork RSO Custom Concrete $2,000.00
restoration to previous existing conditions
( clean fill & leveling, rebuild vegatable garden, rebuild flower garden) $1,550.00
( replace 4 - 12ft Pine Trees & 1 - 8' Cedar bush) $1,100.00
( black dirt & sod) $800.00
Total $24,563.78
/
( Location Map )
/
J
r-rom: wanaa JaCKSOn 10: Uave carlberg Uate: ]1/1/00 -lime: 4:12:04 PM Page 2 of 3
NOV 01 2000 10:38 FR CITY OF f'lNDO"-ER 753 755 8923 TO 5514261522 P.02/ElS
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NOV Ell 21300 :tEl: 39 FR C [TY OF ANDOVER 753 755 8923 TO 6514261522 p.03/e5
/
VARIANCE REQUEST
PAGE :2
Section of Ordinance CUITent Zoning
CRITERIA FOR GRANTING A VARIANCE
In granting a variance, the City Council shall consider the advice aud 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 miot enforcement of this Ordinance will cause undue hardwl'
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 lwdship if reasonable use
of the property exists under the tenDS of the Ordinance.
.
Name of Applicant 6fAf2-,-/ G1~> I 1<.14-
Address 14~7 7<Av!5AJ ~(. IJ.tJJ. AU~tlM, f,zlj
_ Ji6"36y
Home Phone 7~; --75!;-f/671 Business Phone V6J-fS~"'2Ufpax. 167- .y'2lo-i52 a.-
Signature ~ Date 1/-/-(JJ(j
.
r - r
Property Owner (Fee Owner)
(If dlfferent from abov,)
Address
Home Phone Business Phone Fax
Signature Date
...
..-.. -. ---- .---- .................. .......-..--.. ---- --
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE: December 5. 2000
AGENDA SECTION ORIGINA TWG DEPARTMENT
Non-Discussion City Clerk \) ~
ITEM NO_
Approve Kennel License Renewal!
Hobnail Dalmatians
\0.
The City Council is requested to approve the renewal of a kennel license for Cleo Nehrt, dba
Hobnail Dalmatians, 16326 Verdin Street NW.
No complaints have been received regarding this operation. Attached is a copy of the
application form.
CITY of ANDOVER
.. Commercial (any pI'ace where a person accepts dogs from the general public and.
where such animals .
. .
are kept for the purpose of selling, boarding, breeding, training, or
-grooming) ~
Private (any place where more than three dogs are kept for private enjoyment and
not for monetary gain, provided such animals are owned by the owner or the
lessee of the premises OIl which they are kept) x .
************************************************************************..
************************************************************************
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
--
DATE: December 5.2000
AGENDA SECTION ORIGINATING DEPARTMENT
Non-Discussion City Clerk '0,U)V
ITEM NO.
Approve Cable TV Franchise Renewal!
\1. AT&T Broadband
Attached is a letter from Terry O'Connell, the Cable Franchise Administrator, along with a
summary of the renewal terms for our cable franchise with AT&T Broadband. Our current
franchise has expired.
The complete Franchise is available in my office for review.
, Also attached is an ordinance adopting the franchise.
'"
.,.
, ANDOVER-,
---~ .~..
J AI\IOKA .~
CAAMPLI
RAMSEY"
"~ ~~I;I~;'~;;~;;"~'?~5;:~!.~~A~~6NS COM",ISSION _
November 27,2000
Vicki V olk
City of Andover
1685 Crosstown Blvd.
Andover, MN 55304
Dear Vicki:
The Quad Cities Cable Communications Commission is pleased to submit the enclosed formal
ordinance which will renew the franchise with AT&T Broadband to serve the city of Andover.
This ordinance is the response to the Commission's December 20, 1999 Request for Renewal
Proposal issued on behalf of Andover, Anoka, Champlin and Ramsey.
This renewed franchise ordinance will serve our member cities, upgrade our cable
I communications system to 870 MHz capacity, expand channel offerings, deploy 2-way high
speed cable modem service, reinvigorate the Institutional Network and enhance support for the
community based and managed public, educational and government (PEG) access programming
enterprise-QCTV, all in a manner responsive to the community needs as assessed by the cable
commlSSlOn.
The franchise ordinance itself is a document with Exhibits that is over 60 pages. I have prepared
a summary of the terms and conditions for the city council's review for their meeting on
December 5, 2000.
The Quad Cities Cable Commission has appreciated the opportunity to serve the City of Andover
since 1981. I personally have appreciated the services of both you and Director Don Jacobson as
Commission representatives that have developed a tradition of providing a great value to the
residents and have succeeded in satisfying the needs and desires of our cable customers.
If! can be .of further assistance, please do not hesitate to contact me.
cc: Thomas D. Creighton, Legal Counsel
/ SUMMARY OF FRANCHISE RENEWAL TERMS FOR THE CITIES OF
ANOKA, CHAMPLIN, RAMSEY AND ANDOVER, MINNESOTA
I. PUBLIC, EDUCATIONAL AND GOVERNMENTAL ACCESS
SUPPORT/OBLIGATIONS
. AT&T Broadband ("AT&T") will provide a $200,000 capital support grant to the
Quad Cities Cable Communications Commission (the "Commission") within fifteen
days after the effective date ofthe renewal franchise. Within ninety days of the
effective date ofthe renewal franchise, AT&T will provide a $300,000 capital grant
to the Commission. On the second anniversary of the effective date of the renewal
franchise, AT&T will provide a $200,000 capital support grant (adjusted by the
consumer price index) to the Commission. All three grants will be in addition to
franchise fees paid to the member cities, and will be used to purchase public,
educational and governmental access equipment.
. AT&T will provide an annual $40,000 equipment grant to the Commission. This
equipment grant, which combines the existing annual equipment grant and intern
grant required under the terms of the December 22, 1994, Memorandum of
Understanding ("MOU"), will be increased by the consumer price index on an annual
basis.
. AT&T, as it currently does under the MOU, will continue to provide the Commission
with operating support in the amount of 2 Y2 % of gross revenues, as defined in the
franchise. This support will be provided on a quarterly basis. We anticipate that the
amount of the quarterly payments in the year 2000 will total $197,088.00.
. In the event of a federal or statute statutory change that entirely eliminates AT&T's
obligation to pay a franchise fee to any entity, AT&T will remit to the City an amount
equal to the prior year's franchise fee as public, educational and governmental
("PEG") access support. Such support will continue for a period of one year during
which time AT&T and the City will engage in good faith negotiations regarding PEG
support obligations.
. AT&T will reserve and dedicate four 6 MHz downstream channels on the cable
system for public, educational and governmental access use. This is the same number
of channels reserved for PEG use under the existing franchise.
. AT&T's system will be designed and constructed to permit narrowcasting of
governmental access channels discretely by municipality. AT&T must provide and
maintain all equipment necessary to accomplish narrowcasting, at no cost to the
member cities or the Commission.
. PEG access facilities will be connected to AT&T's headend via an upgraded, hybrid
/
fiber-coaxial institutional network. As a result, access channel picture quality should
improve. AT&T is responsible for providing all electronics and materials necessary
route PEG access signals and institutional network signals, free of charge.
II. CABLE SYSTEM DESIGN
. The upper frequency limit of the existing cable system in the Quad Cities franchise
area will be increased from 450 MHz to 870 MHz. This will provide AT&T with
additional bandwidth it can use to deliver additional channels ofprograrnming (both
analog and digital) and other services.
. AT&T's upgraded system will use a hybrid fiber-coaxial design. Several fibers will
run from a "hub" located in the four-city franchise area to each node. System nodes
will serve an average of around 350 homes. No more than four active components
(e.g., amplifiers) will be used down line from any node. From each node, coaxial
cable will run to subscribers' homes. This particular network architecture should
improve system reliability and picture quality.
. AT&T will activate the bandwidth from 5 MHz to 40 MHz for upstream (subscriber
to headend) transmissions. In other words, the cable system will be bi-directional.
This feature will allow AT&T to offer interactive services, such as high-speed
Internet access.
. System reliability will be ensured by standby power supplies located throughout the
cable system. All power supply locations will be remotely monitored for problems.
Motorized generators, not susceptible to commercial power failures, will supply
back-up power at the master headend and hub.
. The cable system will use automatic audio-leveling equipment to correct any volume
disparity between analog channels, except over-the-air broadcast stations and
channels that are locally processed at the hub serving the member cities.
. The upgraded cable system will initially have a minimum analog channel capacity of
at least 78 channels. Additional bandwidth will be available to provide hundreds of
digital channels and other services, as they are developed.
. AT&T will provide authorized city representatives with the ability to remotely
activate the emergency alert system. In the event of an emergency, this capability
will permit the city to override the audio and video on all channels on the cable
system that may lawfully be overridden.
III. CONSTRUCTION SCHEDULE
. AT&T must complete and activate the system upgrade (including the institutional
network) no later than December 31, 2002. Upgraded portions ofthe cable system
will be activated as nodes are completed.
2
; IV. INSTITUTIONAL NETWORK
. AT&T will upgrade the existing coaxial institutional network to a hybrid fiber-
coaxial network. The network will have no less than 54 activated channels (at least
23 upstream channels and at least 31 downstream channels) in the spectrum from 5-
450 MHz.
. Quality video signals will be guaranteed by the performance standards set forth in
Exhibit B to the renewal franchise ordinance.
. The institutional network will be interconnected with the institutional networks
serving Coon Rapids, the North Metro Telecommunications Commission and the
Northwest Suburban Cable Communications Commission.
. Six bidirectional fibers will be provided to each I-Net node for the transmission of the
I-Net channels. Specified institutions will be connected to the I-Net via coaxial
cable, free of charge. Institutional networks will be responsible for furnishing their
own end-user equipment. AT&T, however, will supply 20 modulators to the cities
for use with the institutional network.
. The Ramsey Fire Hall housing the City Council chambers will be connected to the
institutional network no later than December 31, 2002. This connection will be free
if at the time of the I-Net upgrade the Ramsey Fire Hall will continue to house the
Ramsey City Council chambers for a period of at least twelve more months.
However, if at the time of the I-Net upgrade Ramsey's City Council chambers will
continue be housed in the Ramsey Fire Hall for less than twelve months, the
Commission, Ramsey or the I-Net user will reimburse AT&T for its actual cost of
installing the Ramsey Fire Hall I-Net connection in excess ofthe actual cost of the
first 500 feet of construction from the existing institutional network.
. Prior to the activation ofthe Ramsey Fire Hall institutional network connection,
AT&T will provide Ramsey with the ability to transmit signals upstream on the
subscriber network from its City Council chambers.
V. FREE SERVICES TO CERTAIN LOCATIONS/SUBSCRIBERS
. Free cable system drops and outlets will be provided to locations designated in
Exhibit A to the franchise ordinance. These locations will also receive basic cable
service and the equipment needed to receive such service, free of charge. Institutions
currently receiving additional cable services from AT&T, free of charge, will
continue to receive those services or comparable services, free of charge.
. To the extent it can legally do so, AT&T will provide designated locations with free
cable modems and free monthly cable modem service.
..,
"
. The universal PEG tier specified in the MOU is retained and incorporated in the
renewal franchise.
VI. FRANCHISE FEES
. AT&T will pay a franchise fee of 5% of gross revenues to Andover, Anoka,
Champlin and Ramsey. Franchise fee payments will be made to the cities on a
quarterly basis.
. All amounts paid are subject to audit and recomputation by the member cities.
VII. PERFORMANCE BOND AND LETTER OF CREDIT
. AT&T will post a $100,000 performance bond and file a $25,000 letter of credit with
the Commission. These instruments can be used by the cities to ensure that AT&T
pays all amounts due and complies with the terms and conditions ofthe franchise and
applicable law. AT&T must replenish the letter of credit whenever it is drawn upon.
VIII. INSURANCE AND INDEMNIFICATION
. AT&T will indemnify the cities and the commission against all liability and damages
arising out of or in connection with the construction, operation, maintenance, repair
and removal of the cable system. AT&T will not indemnify the member cities and
the commission for negligence or misconduct related to public, educational and
governmental access programming.
. As part of its indemnification, AT&T will obtain general liability and broadcaster's
insurance that names the member cities and the Commission as additional insureds.
IX. CUSTOMER SERVICE
. AT&T will be required to comply with enhanced customer service standards that are
based on the standards adopted by the Federal Communications Commission. By
way of example, AT&T must operate a 24-hour, toll-free telephone number that
subscribers and non-subscribers can call to inquire about services, to register
complaints and to make requests.
. Under normal operating conditions, telephone answer time by a customer service
representative, including wait time, must not exceed 30 seconds from the time a
connection is made. If a call needs to be transferred, the transfer time cannot exceed
30 seconds. These standards must be met no less than 90% of the time, under normal
operating conditions, measured on a quarterly basis.
. AT&T must begin working on service interruptions within 24 hours after a service
interruption becomes known, and pursue to conclusion all steps reasonably necessary
to correct the interruption.
4
i
i
I
I
. Service and installation appointments must be scheduled in four-hour time blocks I
during the hours of9:00 a.m. to 8:00 p.m., Monday through Friday, and 9:00 a.m. 1b
I
5:00 p.m. on Saturdays. I
I
I
X. SCOPE OF FRANCHISE I
. The renewal franchise only authorizes AT&T to provide cable service. AT&T is nbt
authorized by the franchise to provide non-cable services. I
I
!
,
I
. At the same time, however, the renewal franchise does not limit AT&T's ability to I
provide non-cable services, as long as AT&T has obtained any requisite i
authorizations to provide such services. i
XI. LEVEL PLAYING FIELD I
I
. The renewal franchise contains a provision that requires the member cities to
maintain a "level playing field" with regard to the terms and conditions of cable
television franchise ordinances.
XII. CONSTRUCTION STANDARDS
I . AT&T must comply with all generally applicable state and local laws and regulations
in constructing and operating its cable system.
. AT&T must restore damaged property at its own expense.
. The cities maintain complete control over their public rights-of-way for pwposes of
performing public works. . I
XIII. LINE EXTENSION
. Upon request, AT&T will provide service to persons and businesses in the cities,
without charging more than standard installation charges, as long as the following
conditions are satisfied: (i) the new subscriber requesting service is located 150 fe t
or less from the termination of the system; and (ii) the area of the cities in which thb
new subscriber resides has a density of at least 35 dwelling units per mile of feeder
cable, when aerial construction is required, and at least 40 dwelling units per mile f
feeder cable when underground construction is required.
. The line extension requirement can be waived by the cities if extraordinary
circumstances exist.
. If the minimum line extension requirements are not satisfied, a new subscriber can e
, required to bear the remainder of the total construction costs, on a pro rata basis.
G:\Quad S J47O\Rcncwal\Summary of Renewal Deal Points.doc
5
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
Ordinance No.
AN ORDINANCE GRANTING A FRANCHISE TO MEDIAONE NORTH CENTRAL
COMMUNICATIONS CORPORATION, D/B/A AT&T BROADBAND, TO CONSTRUCT,
OPERATE, AND MAINTAIN A CABLE SYSTEM IN THE CITY OF ANDOVER, MINNESOTA
FOR THE PURPOSE OF PROVIDING CABLE SERVICE; SETTING FORTH CONDITIONS
ACCOMPANYING THE GRANT OF THE FRANCHISE; PROVIDING FOR REGULATION AND
USE OF THE SYSTEM AND THE PUBLIC RIGHTS-OF-WAY IN CONJUNCTION WITH THE
CITY'S RIGHT-OF-WAY ORDINANCE, IF ANY, AND PRESCRIBING PENALTIES FOR THE
VIOLATION OF THE PROVISIONS HEREIN.
Ordinance Copy on file in the Office of the
City Clerk - 1685 Crosstown
Boulevard NW - City of
Andover, Minnesota 55304
Adopted by the City Council of the City of Andover this 5th day of December, 2000.
CITY OF ANDOVER
Attest:
J. E. McKelvey - Mayor
Victoria Volk - City Clerk
"
J
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE: December 5.2000
AGENDA SECTION ORIGINATING DEPARTMENT
Non-Discussion Planning
ITEM NO.
Approve Special Use PermitlVariance Jeff Johnson, Zoning Administrator
Area Identification Sign
15629 Osage Street NW
Mike Goetz
lj.
Request
The City Council is asked to review and approve the special use permit/variance request of Mike
Goetz to allow for an area identification sign (18 square feet in size) to be constructed on the
property located at 15629 Osage Street NW. A variance to Ordinance No. 10, Section 8.04 is
being requested due to the fact the developer did not apply for an area identification sign permit
in conjunction with the preliminary plat.
Planning and Zonim! Commission Recommendation
The Planning and Zoning Commission met on November 14,2000 and recommends to the City
Council approval (unanimous) of the request. A resolution is attached stating conditions.
CITY OF ANDOVER
J COUNTY OF ANOKA
STATE OF MINNESOTA
RESOLUTION NO. -
A RESOLUTION GRANTING THE SPECIAL USEN ARIANCE REQUEST OF MIKE
GOETZ TO ALLOW FOR THE CONSTRUCTION OF AN AREA IDENTIFICATION SIGN
PURSUANT TO ORDINANCE NO.8, SECTION 8.07(D)(2)(H) AND ORDINANCE NO. 10,
SECTION 8.04 ON THE PROPERTY LOCATED AT 15629 OSAGE STREETNW, LEGALLY
DESCRIBED AS LOT 1, BLOCK 1, WITTINGTON RIDGE.
WHEREAS, Mike Goetz has requested a special use permit/variance to allow for the
construction of an area identification sign (18 square feet in size) on the property located at
15629 Osage Street NW, legally described above; and
WHEREAS, a public hearing was held and the Planning and Zoning Commission reviewed the
request and has determined that said request meets the criteria of Ordinance No.8 and would not
have a detrimental effect upon the health, safety, morals and general welfare of the City; and
WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of
the special use permit/variance 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
special use permit/variance request on said property with the following conditions:
1. The special use permit/variance be subject to annual review and inspection by Staff.
2. The applicant/property owner execute a written agreement to mail\tain the sign.
3. The applicant obtain a sign permit prior to the erection of the sign.
4. The special use permit/variance request be subject to a sunset clause as defined in
Ordinance No.8, Section 5.03(D).
Adopted by the City Council of the City of Andover on this _ day of -,2000.
ATTEST CITY OF ANDOVER
Victoria Volk, City Clerk J.E. McKelvey, Mayor
. '
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;'.' ,: Ti1e Regular'Bi -MonthlyMeetii1goftheAridoYerPl~ing andZo~~g Commi~sioil \Vas
,:~alled.iciorder by Chairperson JaySquir~s 'onNClvember.14, 2006; 7:00 p.ni"at the ....
.":Apdover: City Hall,'1685 CrosstownB~ulevard NW,AlldQver,Miilriesota:: " ',;:"
" ' . :: .: - ~.- .~. . - - \.', "'~.'." . - ,,: ~" , . ;
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Comm;ssion~rs pte~e~t:
: Coriuni~sibrieis absen.t: .
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" . .. ,.:M~ti~~bY'Dal~i~:s~cond~d;bYHedi~,\he Minutes~eapbr~~'edas'sub~itte(LM6tib~;: .
. .. .. ..carriedon:a: 5~ayesA~,nays, l~pres'ent(Kirch6ft);tcab~en!{Apel) vdte. . . , .'
,':(g)'i1%~{f#;{~t;~5}n~~~ft~rti;~;~i{ff ." ..'
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. . Zoning AdministnitorJeffJ olmson stated that thePlarinirig and Zomngc;omll1:ission is. '....
being askedto' review the SpeCial, U selermit,requestbyMike Goetz to allow forth e'..
const~cti(m ofaD. Area:IdentificationSign on ,the propertyaf156296sa,geStr~et NW;
..Hestated :th~t all applicabieo~d{ii.al1ces .wilfb~ i'~quiredtobe met ifapprove(rH~,; ....
explaii1edthat the areai~lar~#thart 5acres;and'therefon:'ohesign,is 'allowed bya' .~.~, .
. ,.. Special Use Penhit and any additional signswouldn'eed to be 'i:~vieWed b)T theCity of :,~.
. ,. ,_ _. . '-;, ,_ ,"", .' _. '. ,', . . " , '. _, _ '. _". -. ,. _ ,"," .;'-' . -' ". . ,- : .~-: . , " _ '-' ~ - , ' .. - '- -' ':
Andoyer Review Comfuittee,'Planning Ccim.n1ission,;'and finallyapprovedbY;the,City..: ....; ;' .
.CotIDcil.: He alsoexplaip.eqthafth6 maXimums'quare footage of the sign is'32squ~re feet' .
'in area, mid th~ sign is located' 1 0- feet f~om the property line; " :.;,. "
'. . -.. .-. ,.." ' ",' '. . ",- - .... .' "...
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Regular Andover Planning and Zoning Commission Meeting
Minutes -November 14, 2000
Page 2
Mr. Johnson stated that the applicant is proposing to construct an Area Identification Sign
measuring 18' square feet at the southeast comer of the property, which is located on the
comer of Nightingale St. NW and 156th Avenue NW. The sign would consist of a 6'X3'
stone portion and supported by two brick pillars 2'X4' in size. The sign would be
approximately 10' from the right of way of both Nightingale St. NW and 156th Ave. NW.
Mr. Johnson also mentioned that this request is for a Special Use Permit/Variance
request. He explained that the applicant recently completed the variance application and
therefore will be submitted along with the Commission's recommendation to the City
Council.
Motion by Daninger, seconded by Falk, to open the public hearing at 7:04 p.m. Motion
carried on a 6-ayes, O-nays, I-absent (Apel) vote.
Brad Wesley, (no address stated), explained that he purchased a home in the
Willington Ridge area and is present with the intent of just becoming more informed. He
questioned how the sign would be maintained and why there is a need for a sign since
there hasn't been one in the past.
Mike Goetz, 15629 Osage Street, explained that it has been a neighborhood decision to
request the Special Use Permit for the sign. He stated that Hanson Builder's has donated
money along with a cost of $250 per house, but only from residents that were interested.
He stated that it is a neighborhood effort, however it is not required. He mentioned that
the neighbors in the area have also offered to assist with the maintenance and upkeep of
the sign.
Commissioner Kirchoff questioned if the sign will be lighted. Mr. Goetz explained that
they are unsure at this time, since there currently is no electricity.
Commissioner Falk questioned who would maintain the sign if Mr. Goetz moved. Mr.
Goetz explained that the neighborhood would still help with the maintenance even though
it is technically on his property.
There was no additional public input.
Motion by Kirchoff, seconded by Hedin, to close the public hearing at 7:07 p.m. Motion
carried on a 6-ayes, O-nays, I-absent (Apel) vote.
Commissioner Falk mentioned concerns about the maintenance and cost for upkeep of the
sign if at some time the Goetz's moved. He questioned who would the City go after.
Chair Squires mentioned that there are many signs throughout the City such as this where
it is a neighborhood responsibility.
Regular Andover Planning and Zoning Commission Meeting
Minutes -November 14, 2000
Page 4
4. That the Special Use Permit/Variance be subject to a sunset clause as defined in
Ordinance No.8, Section 5.03 (D).
5. That the Resolution be amended to state that what is being granted is the Special
Use Permit/Variance.
Motion carried on a 6-ayes, O-nays, I-absent (Apel) vote.
Chair Squires stated that this item would be considered at the December 5, 2000 City
Council meeting.
PRESENTAtION: WOODLAND CREEK TOWNHOMES -18 TOWNHOMES ON
4.7 ACRES - PRESENTATION BY WOODLAND DEVELOPMENT.
Mr. Hinzm~ introduced Byron Westlund, representing Woodland Development, to
present the proposed development of the Woodland Creek Townhomes.
Mr. Westlund presented the Woodland Creek Townhomes proposal before the Planning
Commission. He explained that they are proposing 18 units, 9 twinhomes on 4.8 acres of
land. He stated that the layout of the development has not changed from the original
sketch plan. He mentioned that city sewer and water services are already stubbed and
ready. He also mentioned that they were the developers for the Majestic Homes
Developments that are located off of Bunker Blvd. He briefly reviewed the changes that
were made such as the size of the units and the exterior of the buildings. It was stated
that the units should sell for around $200,000.
Commissioner Kirchoff questioned the size of the units. Mr. Westlund explained that
they plan to build one unit at 1400 square feet and the other attached unit at 1600 square
feet.
Commissioner Squires questioned if the exterior for both units would be the same even
though the size of the units will be different. Mr. Westlund explained that it would not
change the exterior appearance of the building, with the exception that the length of the
garage wall would be longer.
PUBLIC HEARING: REZONING (REZ 00-05) - REZONE PROPERTY FROM R-4,
SINGLE FAMILY URBAN (DESIGNATED NEIGHBORHOOD BUSINESS UNDER
PUD OVERLAY DISTRICT) TO M-l, MULTIPLE DWELLING, LOW DENSITY-
4.7 ACRES - 32XX BUNKER LAKE BLVD. - WOODLAND CREEK TOWNHOMES
- WOODLAND DEVELOPMENT.
PUBLIC HEARING: AMENDED SPECIAL USE PERMIT (SUP 00-12) -
AMENDED PLANNED UNIT DEVELOPMENT - WOODLAND CREEK
Page 3
Commissioner Dalien questioned ifthere would be a written agreement. Mr. Johnson
explained that there would be an agreement tied to the property owner, therefore if they
were to move there would have to be a new agreement drawn up with the new property
owners.
Commissioner Hedin questioned if there has been any problems with neighborhood signs
in the past. Mr. Hinzman explained that there have been instances where the owner has
removed the sign. He also mentioned that ifthere seems to be a lack of maintenance the
City would work with the property owners and it would be their responsibility to improve
the situation. He stated that if they didn't improve the situation the City would treat it
like any other code when it isn't in compliance with the ordinance.
Commissioner Dalien questioned ifit would be up for annual review. Mr. Hinzman
stated that it would be up for a review from the City.
Chair Squires questioned if the maintenance agreements are reported. He suggested there
be some way to be sure the property owner is obligated to care for the sign. He
questioned Mr. Goetz ifhe was aware that there was a maintenance agreement. Mr.
Goetz stated that he wasn't aware of any such agreement, however stated that he would
not be opposed to the idea.
Commissioner Daninger mentioned that since there is no lighting it becomes tough to
approve the request since it is possible that things could change. Chair Squires
questioned if any of the Commissioners were opposed to the idea of lighting on the sign.
The Commissioners did not object iflighting was added to the sign.
Commissioner Daninger explained that he is not opposed to the idea of lighting, but just
wanted to bring it up since it would affect the neighbors in the area, and if they were
opposed at least they would be aware of it.
Mr. Hinzman stated that he would add the clause to the variance approval as noted by the
Commission.
Motion by Falk, seconded by Hedin, to forward to the City Council a recommendation to
approve the Resolution No. R_ -00, granting the Special Use PermitlVariance of Mike
Goetz to allow for the construction of an Area Identification Sign pursuantto Ordinance
No.8, Section 8.07 on the property located at 15629 Osage Street NW, subject to the
following conditions:
1. That the Special Use PermitlVariance be subject to an annual review by staff.
2. That the applicant executes a written agreement for the maintenance of the sign.
3. That the applicant obtain a sign permit prior to erection of the sign.
CITY OF ANDOVER
REQUEST FOR PLANNING COMMISSION ACTION
DATE: November 14.2000
ITEM NO. 3 ORIGINATING DEPARTMENT
Public Hearing: Planning
SUP 00-11
Mike Goetz Dan Taylor
15629 Osage Street City Planner Intern
Request
The Planning and Zoning Commission is asked to review the Special Use Permit request
by Mike Goetz to allow for the construction of an Area Identification Sign on the
property located at 15629 Osage Street NW (PIN 22-32-24-21-0006).
The property is zoned R-l, Single Family Rural.
Applicable Ordinances
Ordinance No.8, Section 5.03, regulates the Special Use Permit process.
In granting a Special Use Permit, the following criteria shall be examined:
1. The effect of the proposed use upon the health, safety, morals, and general
welfare of occupants of surrounding hands.
2. The existing and anticipated traffic conditions including parking facilities on
adjacent streets and land.
3. The effect on the values of property and scenic views in the surrounding area.
4. The effect of the proposed use on the Comprehensive Plan.
Ordinance No.8, Section 8.07, Signs.
Area Identification Signs may be allowed in all residential areas provided:
Page Two
I SUP 00-11, Goetz
15629 Osage Street
1. The area of development is larger than five (5a.) acres;
2. One (1) sign is allowed by Special Use Permit. Additional signs shall be
reviewed by the City of Andover Review Committee (ARC) and the Planning
Commission and approved by the City Council;
3. The maximum square footage of the sign is thirty-two (32 s.f.) square feet in
area;
4. The sign is located ten (10') feet from the property line.
General Review
The applicant proposes to construct an Area Identification sign Measuring 18' square feet
at the southeast comer of said property on the comer of Nightingale St. NWand 156 Ave.
NW. The structure would consist of a 6'x 3' stone sign supported by two brick pillars
2'x 4'. The sign will be approximately 10' from the right of way of both Nightingale St.
NW and 156 Ave. NW. Please see attached sign plans for more information.
Commission Options
The Planning and Zoning Commission may recommend one of the following options:
1. Recommend approval ofthe Special Use Permit requested by Mike Goetz to allow for
the construction of an Area Identification Sign on the property located 15629 Osage
Street legally described as Lot I, Block I, Wittington Ridge.
The commission finds that the request meets the criteria established in the Ordinance
No.8, Section 5.03, 5.04 including: the use will not be detrimental to the health,
safety, morals or general welfare of the community; the use will not depreciate the
surrounding property and the use is in harmony with the Comprehensive Plan.
The commission finds the use meets the provisions specified in Ordinance No.8.
2. Recommend denial of the Special Use Permit, citing specific reason for denial.
3. Table the application pending further information from staff.
Page Three
SUP 00-11, Goetz
15629 Osage Street
Staff Recommendation
Staff recommends approval of the Area Identification Sign permit requested with the
following conditions:
1. That the Special Use Permit be subject to an annual review by staff.
2. That the applicant executes a written agreement for the maintenance of
the sign.
3. That the applicant obtain a sign permit prior to erection of the sign.
4. That the Special Use Permit be subject to a sunset clause as defined in
Ordinance No.8, Section 5.03 (D).
Attachments
. Application for Special Use Permit
. Resolution
. Area Location Map
. Site Location Map
. Sign Details
. Notice of Public Hearing
. SPECIAL USE PERMIT
.- - -. .
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SPECIAL USE PERMIT
I PAGE 2
Property Owner (Fee Owner) $/k ~Z-
(If different from above)
Address / S- b C?2- CJ OS-~ /#/
Home Phone 7~ 3 -Z ~ 7 PiCf? Business Phone ~"3 l{(n-907Fax
Signatur~ JJ~ Date 7 ~7 /DO
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:
Commercial
Residential
Amended SUP
Public Notification Sign
Recording Fee: ~ $'Z$V~
Abstract property
Torrens property $40.00
Date Paid 111 ~7/ 6lJ Receipt # 01 0 vr
revised 10/29/99 g:/datalstafflmbarnett/sup.doc
3/14/00
2
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Ordinance 8, Section 5.04 defines a hardship asfollows:~'Wherethere. are praCtical
difficulti~s or unnecessary hardships in any way of carrying out the strict letter of the .
I provisions of this Ordinance, anappeal may be made and a variance granted. The, ,', .
hardships or difficulties must have to do with the characteristics of the land and not the
property owner. ~'
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VARIANCE REQUEST
PAGE 2 (NLf)
fOC?
Section of Ordinance ID I y.JY Current Zoning f--/
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.
~ . ~ ............ ........ - -
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Name of Applicant -YVl1 f ~Vt'{' L J (:"'0 e.- + L-
Address I <)0 J., o S. fJrbL s+
Home Phone7cP3 7&7 )..(H7 Business Phone 7f., ~ '!q7 90 t.ax7h1. tic("3 ;i'/o 7
s;~~LI.) -&M~ Date 11/;t{/l1o
..................... - - ........ ........
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 $125.00
Other Requests $150.00
/ Date Paid I t!;JIr!l)
Receipt #
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Andover Area Identification Sign
1869
2018
15785
157TH LN
2176 2146 2124 2080
15667 15651
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15629 15629
2148 2046
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2165 15450
154TH LN
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o 350' Mailing Boundary
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1 mch=415 feet RF - 1:4,984
. \ CITY of ANDOVER
0
1685 CROSSTOWN BOULEVARO N.W.. ANDOVER, MINNESOTA 55304 ..(763) 755-5100 FAX (763) 755-8923
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
NOTICE OF PUBLIC HEARING
The Planning and Zoning Commission of the City of Andover will hold a public hearing
at 7:00 p.m., or as soon thereafter as can be heard, on Tuesday, November 14,2000 at
Andover City Hall, 1685 Crosstown Blvd NW to review the special use permit request of
Mike Goetz to place an area identification sign on property located at 15629 Osage Street
NW, legally described as Lot 1, Block I WITTINGTON RIDGE (PIN 22-32-24-21-
0006).
Written comments can be submitted prior to the meeting at fax (763) 755-8923 or e-mail
at Jhinzman@ci.andover.mn.us. A copy ofthe proposed application will be available for
revie~or to the meeting at City Hall. Please contact CityHall with any questions at
(763) -5 O.
, , //t/L'~ .
'---.J an, City Planner
November 3,2000
November 10, 2000
, '\
,,,,)
PIN 153224340009.0 PIN 153224340008.0 PIN 153224430008.0
MCCUMBER EDWARD G & JULIA MITCHELL RUSSELL & PAMELA BLOOMSTROM SHELLEY JEAN
OR CURRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT
2080 157TH LN 2032 157TH LN 15711 NIGHTINGALE ST
lOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304
J
PIN 223224210008.0 PIN 223224210007.0 PIN 223224210009.0
HANSON BUILDERS INC MEAGHER ERIN J & DELANA S HOWARD ANTHONY J & PATRICIA M
13432 HANSON BLVD OR CURRENT RESIDENT OR CURRENT RESIDENT
ANDOVER, MN 55304 15651 OSAGE ST 2119 156TH AVE
ANDOVER, MN 55304 ANDOVER, MN 55304
PIN 223224210006.0 PIN 223224210012.0 PIN 223224210013.0
GOETZ MICHAEL J & KIM M ASHFORD DEVELOPMENT CORP INC ELLIOTT DAVID J & PIMP A
OR CURRENT RESIDENT 3640 152ND LANE NW OR CURRENT RESIDENT
15629 OSAGE ST ANDOVER, MN 55304 2114156THAVE
ANDOVER, MN 55304 ANDOVER, MN 55304
GREY OAKS PARTNERSHIP
3640 152ND LANE NW
ANDOVER, MN 55304
,
~ CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
/ DATE: December 5. 2000
AGENDA SECTION ORIGINATING DEPARTMENT
Non-Discussion/Consent Item Scott Erickson,~L
ITEM NO.
Engineering
Adopt Assessment RolI/98-9/
Cambridge Estates (Phase I/South Area)
\3.
The City Council is requested to approve the resolution adopting the assessment roll for the
improvement of sanitary sewer, watermain, storm sewer and street construction for Project
98-9, Cambridge Estates (Phase I/South Area). The developer has waived the public hearing
in the development contract.
,
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
MOTION by Council member to adopt the following:
A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF -
SANITARY SEWER. WATERMAIN. STORM SEWER AND STREETS FOR PROJECT
98-9. CAMBRIDGE ESTATES (PHASE I/SOUTH AREA).
WHEREAS, the developer is in agreement with the assessments and has waived all
rights to a hearing on this assessment pursuant to Minnesota Statutes Annotated, Chapter
429.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER,
MINNESOTA:
1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is
hereby accepted and shall constitute the special assessment against the lands named
therein, and each tract of land therein included is hereby found to be benefited by the
proposed improvement in the amount of the assessment levied against it.
2. Such assessments shall be payable in semi-annual installments, together with principal
and accrued interest, extending over a period of 10 years. The first of the installments to
be payable on or before the 15th day of April 2001, and shall bear interest at the rate of
6 percent per annum from the date of the adoption of the assessment resolution.
3. The owners of any property so assessed may at any time pay the whole of the assessment
on such property with interest accrued to the date of payment to the City Treasurer.
MOTION seconded by Councilmember and adopted by the City Council
at a reQular meeting this L day of December ,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
I
Victoria Volk - City Clerk
~ CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
, ) DATE: December 5. 2000
AGENDA SECTION ORIGINATING DEPARTMENT
Non-Discussion/Consent Item Scott Erickson, cP[
ITEM NO.
Engineering
Adopt Assessment RoI1/98-30/
\{hesterton Commons 4th Addition
The City Council is requested to approve the resolution adopting the assessment roll for the
improvement of sanitary sewer, watermain, storm sewer and street construction for Project
98-30, Chesterton Commons 4th Addition. The developer has waived the public hearing in the
development contract.
I
CITY OF ANDOVER
COUNTY OF ANOKA
J STATE OF MINNESOTA
RES. NO.
MOTION by Councilmember to adopt the following:
A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF -
SANITARY SEWER, WATERMAIN, STORM SEWER AND STREETS FOR PROJECT
98-30. CHESTERTON COMMONS 41H ADDITION.
WHEREAS, the developer is in agreement with the assessments and has waived all
rights to a hearing on this assessment pursuant to Minnesota Statutes Annotated, Chapter
429.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER,
MINNESOTA:
1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is
hereby accepted and shall constitute the special assessment against the lands named
therein, and each tract of land therein included is hereby found to be benefited by the
proposed improvement in the amount of the assessment levied against it.
2. Such assessments shall be payable in semi-annual installments, together with principal
and accrued interest, extending over a period of 10 years. The first of the installments to
be payable on or before the 15th day of April 2001, and shall bear interest at the rate of
6 percent per annum from the date of the adoption of the assessment resolution.
3. The owners of any property so assessed may at any time pay the whole of the assessment
on such property with interest accrued to the date of payment to the City Treasurer. .
MOTION seconded by Council member and adopted by the City Council
at a reqular meeting this L day of December ,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
I
(5) CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
~ DATE: December 5. 2000
AGENDA SECTION ORIGINATING DEPARTMENT
Non-Discussion/Consent Item Scott Erickson.cP<-
ITEM NO. Engineering
Declare CosUOrder Assessment RolI/
\~-49/Chesterton Commons 2nd Addition
The City Council is requested to approve the resolution declaring cost and directing
preparation of assessment roll for the improvement of sanitary sewer, watermain, storm sewer
and streets for Project 97-49, Chesterton Commons 2nd Addition.
,
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
MOTION by Councilmember to adopt the following:
A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT
ROLL FOR THE IMPROVEMENT OF SANITARY SEWER, WATERMAIN. STORM
SEWER AND STREETS FOR PROJECT 97-49. CHESTERTON COMMONS 2NLJ ADDITION.
THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES:
WHEREAS, a contract has been entered into for the construction of the improvements
and the contract price for such improvement is $602.059.05 plus $13.800.00 for sealcoat, and
the expenses incurred or to be incurred in the making of such improvement amount to
$170.102.77 and work previously done amount to $237 .303.17 so that the total cost of the
improvement will be $1.023.265.00.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover, MN:
1. The portion of the cost of such improvement to be paid by the City is hereby declared to be
$62.587.17 the amount to be assessed against benefited property owners is declared to be
$960.677.82
2. Such assessments shall be payable in semi-annual installments, together with principal
and accrued interest, extending over a period of 10 years. The first of the installments to
be payable on or before the 15th day of April 2001, and shall bear interest at the rate of
6 percent per annum from the date of the adoption of the assessment resolution.
3. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper
amount to be specially assessed for such improvement against every assessable lot, piece
or parcel of land within the district affected, without regard to cash valuation, as provided
by law, and she shall file a copy of such proposed assessment in her office for public
inspection.
4. The Clerk shall, upon the completion of such proposed assessment, notify the Council
thereof.
MOTION seconded by Councilmember and adopted by the City Council
at a reqular meeting this 5th day of December ,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
, ANDOVER SPECIAL ASSESSMENTS
PROJECT NAME: Chesterton Commons 2nd Addition PROJECT NO.: 97-49
FEASIBILITY STUDY: Date January 13.1999 Construction Amount: $734.000.00
E' 'NEERS ESTIMATE: Date: February 26.1999 Eng's. Est. Const. Amount: $703.167.00
. ,
CONTRACT AWARD: Date: March 4. 1999 Construction Amount: $619.127.05
Final Construction Amount: $602.059.05
FINAL CONTRACT COST:
Engineering: $ 106.515.97
Aerial Mapping (1 % of street) $ 1.579.68
Drainage Plan (0.3% of street/storm) $ 830.89
Administration (3%) $ 18.061.77
Assessing (I %) Invoice $ 6.020.59
Bonding (0.5%) $ 3.010.30
Legal & Easement $ 29.50
Advertising $ 262.24
City Expenses (including inspection) $ 24.119.73
Testing: Braun Intertec and Pace Labs $ 2.214.75
Signs: $ 2.795.89
Other: $ 0.00
Subtotal $ 165.441.31
Construction Interest $ 4.661.46
TOTAL EXPENSES: (% of Final Contract Cost = 28.2535%) + $ 170,102.77
sr . l~COATING: (13,800 SY x $1.00/SY) = + $ 13.800.00
I
TOTAL PROJECT COST: = $ 785,961.82
Trunk Source and Storage:
Watermain: Connection Charge $ 109.975.00 ( 83.00 Units @ $ 1.325.00)
Area Charge $ 36.590.90 ( 30.62 Acres* @ $ 1.195.00)
Sanitary Sewer: Connection Charge $ 25.398.00 ( 83.00 Units @ $ 306.00)
Area Charge $ 34.478.12 ( 30.62* Acres @ $ 1.126.00)
*Total area equals Chesterton Commons 2nd Addition and the adjacent areas from Cambridge Estates;
Block 2, Lots 22, 23, 24, 25, and 26; and Block 3, Lots 6,7, and 8.
TOTAL TRUNK SOURCE AND STORAGE: + $ 206.442.02
City Share: $48.799.58 x 1.282535 (see Table A, B, and C) - $ 62.587.17
Chesterton Commons Share From Cambridge Estates, Phase One/South Area
Storm Sewer and Bikeway/Walkway + $ 30.861.15
Subtotal $ 174.716.00
TOTAL TO BE ASSESSED $ 960.677.82
Current Assessment per Lot:
\ $960.677.82/8310ts = $1 1.574.43
I
Feasibility Study: Date January 13. 1999 Amount $ 13.441.03
I
I ASSESSMENT ROLL COMPUTATIONS
CHESTERTON COMMONS, 2ND ADDITION
CITY PROJECT 97-49
ANDOVER, MINNESOTA
, MFRA#11912
I
I. LATERAL BENEFIT
SECTION 1 - SANITARY SEWER
A. Final Construction Cost $ 184,029.40
B. Expenses (28.2535%) + $ 51.994.75
C. Subtotal- Sanitary Sewer $236,024.15
D. Less City share including expenses
($24,240.38 x 1.282535)
See details below - Table A - $ 31.089.14
E. Total- Sanitary Sewer $204,935.01
F. Assessable $204,935.01/83 lots $ 2,469.10/10t
Table A
/ City Share of Sanitary Sewer
Sanitary sewer oversizing, and additional depth for the benefit ofthe City of Andover, based on unit prices
and difference in unit prices, as applicable.
Item
No. Description Quantity Unit Price Amount
SANITARY SEWER OVERSIZING
A. 12" PVC in lieu of8" PVC SDR 2618'-20' Depth 291 LF $ 2.75/LF $ 800.25
B. 10" PVC in lieu of8" PVC SDR 2610'-12' Depth 55 LF $ 2.00/LF $ 110.00
C. 10" PVC in lieu of8" PVC SDR 2612'-14' Depth 63 LF $ 1.50/LF $ 94.50
D. 10" PVC in lieu of8" PVC SDR 2614'-16' Depth 47LF $ 2.00/LF $ 94.00
E. 10" PVC in lieu of8" PVC SDR 2616'-18' Depth 236 LF $ 1.25/LF $ 295.00
F. 10" PVC in lieu of8" PVC SDR 2618'-20' Depth 965 LF $ l.50/LF $ 1,447.50
G. 10" PVC in lieu of8" PVC SDR 2620'-22' Depth 67LF $ 2.00/LF $ 134.00
H. 12" x 4" Wye in lieu of8" x 4" PVC Wve SDR 26 5EA $ 35.00/EA $ 175.00
1. 10" x 4" Wye in lieu of 8" x 4" PVC Wye SDR 26 20EA $ 20.00/EA $ 400.00
OVERSIZING TOTAL $ 3,550.25
I
2
" Table A
Citv Share of Sanitary Sewer (continued)
SANITARY SEWER ADDITIONAL DEPTH
I J. 12" PVC SDR 26 SS 18'-20' Depth in lieu of<14' 291 LF $ 4.42/LF $ 1,286.22
K. 10" PVC SDR26 SS 14'-16' Depth in lieu of<14' 47LF $ 2.42/LF $ 113.74
L. 10" PVC SDR26 SS 16'-18' Depth in lieu of<14' 236 LF $ 3.92/LF $ 925.12
M. 10" PVC SDR 26 SS 18'-20' Depth in lieu of <14' 965 LF $ 4.42/LF $ 4,265.30
N. 10" PVC SDR 26 SS 20'-22' Depth in lieu of<14' 67LF $ 5.42/LF $ 363.14
O. 8" PVC SDR 26 SS 14-16' Depth in lieu of<14' 384 LF $ 2.42/LF $ 929.28
P. 8" PVC SDR 26 SS 16'-18' Depth in lieu of<14' 1,011 LF $ 4.17/LF $ 4,215.87
Q. 8" PVC SDR 26 SS 18'-20' Depth in lieu of <14' 723 LF $ 4.42/LF $ 3,195.66
R. Extra Depth Manhole 78.2 LF $ 69.00/LF $ 5,395.80
S. 4" PVC Service Pipe> 14' in lieu of <14' 2,470 LF $ O.OO/LF $ 0.00
ADDITIONAL DEPTH TOTAL $20,690.13
TOTAL OVERSIZING & ADDITIONAL DEPTH $24,240.38
CITY OF ANDOVER SHARE = 100% TOTAL $24,240.38
SECTION 2 - W ATERMAIN
A. Final Construction Cost $ 141,067.95
B. Expenses (28.2535%) + $ 39,856.64
C. Subtotal- Watermain $ 180.924.59
'1""). Less City share including expenses
($16,528.75 x 1.282535)
See Details below - Table B - $ 21,198.70
E. Total- Watermain $ 159,725.89
F. Assessable $159,725.89/83 lots $ 1,924.41/lot
Table B
City Share of Water main
Watermain oversizing for the benefit ofthe City of Andover, based on unit prices and difference in unit
prices, as applicable.
Item
No. Description Quantitv Unit Price Amount
A. 12" DIP in lieu of8" DIP Watermain Pipe 1,335 LF $ 5.75/LF $ 7,676.25
B. 10" DIP in lieu of 8" DIP Watermain Pipe 1,840 LF $ 2.60/LF $ 4,784.00
C. 12" Butterfly Valve in lieu of8" Gate Valve 3EA $ 225.00/EA $ 675.00
D. 12" DIP Fittings in lieu of 8" DIP Fittings 1,050 LB $ 1.30/LB $ 1,365.00
E. 10" Butterfly Valve in lieu of 8" Gate Valve 4EA $ 200.00/EA $ 800.00
F. 10" DIP Fittings in lieu of 8" DIP Fittings 945 LB $ 1.30/LB $ 1.228.50
W ATERMAIN OVERSIZING TOTAL $16,528.75
I ) CITY OF ANDOVER SHARE = 100% TOTAL $16,528.75
3
Sl:CTION 3 - STORM SEWER
,A. Final Construction Cost $ 118,993.30
\ Expenses (28.2535%) $ 33,619.77
, +
.
C. Subtotal- Storm Sewer $ 152,613.07
D. Total- Storm Sewer $ 152,613.07
E. Assessable $155,925.06/83 lots $ 1,838.71/10t
SECTION 4 - STREET CONSTRUCTION
A. Final Construction Cost $ 157,968.40
B. Expenses (28.2535%) + $ 44,631.61
C. Subtotal- Street Construction $ 202,600.01
D. Less City Share including expenses
($8,030.45 x 1.282535)
See Details below - Table C - $ 10,299.33 from City of Andover Park Dedication Funds
E. Total- Street Construction $ 192,300.68
'\ Assessable $192,300.68/68 lots $ 2,316.88/10t
. ,
Table C
City Share
Street Construction
BikewaylWalkway: City Share comprises 100% of the cost of the BikewaylWalkway construction thru the
Park.
Item
No. Descriotion Quantitv Unit Price Amount
A. Common Excavation 761 CY $ 1.80/CY $ 1,369.80
B. Common Borrow 387 CY $ 5.00/CY $ 1,935.00
C. Class 5 Aggregate Base 103 TN $ 7.55/TN $ 777.65
D. Type LV 4 Wearing Course Bituminous Mixture 55 TN $ 24.60/TN $ 1,353.00
E. Seeding (Mix No. 900) and Mulch O.IAC $ 500.00/AC $ 50.00
F. Topsoil 10CY $ 4. 5 O/CY $ 45.00
G. Single Swing Gate 2EA $ 1,250.00/EA $ 2.500.00
TOTAL TRAIL COST $ 8,030.45
CITY SHARE = 100% TOTAL $ 8,030.45
I
4
TOTAL LATERAL CHARGE
SECTION I - SANITARY SEWER $ 2,469.10
SECTION 2 - W ATERMAIN $ 1,924041
.ECTION 3 - STORM SEWER $ 1,838.71
, SECTION 4 - STREET CONSTRUCTION $ 2316.88
TOTAL LATERAL CHARGE $ 8,549.10
II. TRUNK SOURCE AND STORAGE
SECTION 1 - SANITARY SEWER
A. Connection Charge $ 306.00/1ot
B. Area Charge $ 41504O/lot
(30.62 acres x $1,126.00/acre/83 lots)
SECTION 2 - WATERMAIN
A. Connection Charge $ 1,325.00/lot
B. Area Charge $ 440.85/10t
(30.62 acres x $1,195.00/acre/83 lots)
III. OTHER
'ECTION 4 - STREET CONSTRUCTION
, ,
A. Sealcoating
($13,800.00 SY x $1.00/SY/83 lots) $ 166.26/lot
B. Storm sewer oversizing in Cambridge Estates
Phase One/SouthArea for the benefit of Chesterton Commons
2nd Addition ($29,962.86/83 lots) $ 361.00/10t
C. Bikeway/Waikway construction along Hanson Boulevard NW
by Cambridge EstatesPhase One/South Area for Chesterton
Commons 2ndAddition ($898.29/83 lots) $ 10. 82/10t
IV. SUMMARY
CHESTERTON COMMONS 2ND ADDITION SHARE
I. SECTION I - SANITARY SEWER LATERAL $ 2,469.10/10t
I. SECTION 2 - W ATERMAIN LATERAL $ 1,924041/10t
I. SECTION 3 - STORM SEWER LATERAL $ 1,838.71/10t
I. SECTION 4 - STREET CONSTRUCTION LATERAL $ 2,316.88/10t
II. SECTION I - TRUNK SANITARY SEWER CONNECTION $ 306.00/1ot
II. SECTION 1 - TRUNK SANITARY SEWER AREA $ 41504O/lot
..,. SECTION 2 - TRUNK W A TERMAIN CONNECTION $ 1,325.00/10t
J
5
I n. SECTION 2 - TRUNK WATERMAIN AREA $ 440.85/1ot
ill. SECTION 3 - STORM SEWER FROM CAMBRIDGE EST. $ 361.00/10t
III SECTION 4 - BIKEW A Y/w ALKW A Y FROM CAM. EST. $ 10.82/10t
ill. SECTION 4 - SEALCOATING $ I 66.26/1ot
- CHESTERTON COMMONS 2ND ADDITION SHARE TOTAL $ 11,574.43/lot
CITY SHARE
1. SECTION I-SANITARY SEWER TRUNK $ 31,089.14
1. SECTION 2 - W ATERMAIN TRUNK $ 21,198.70
1. SECTION 3 - STORM SEWER $ 0.00
1. SECTION 4 - STREET CONSTRUCTION BIKEWAY $ 10.299.33
TOTAL CITY SHARE $ 62,587.17
s:\main:lAnd 11912:\Reportslspecial,assess
\
, I
\
)
6
--
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTiON
I DATE: December 5.2000
AGENDA SECTION
ORIGINATING
DEPARTMENT
Non-Discussion/Consent Item Finance
Jim Dickinson
ITEM NO. l(p
Approve Transfers Related to High School Development
Request:
The City Council is requested to approve the following transfers for issues related to the High
School Development:
From:
Fund 301 Certificates of Indebt. Fund $170,000 excess debt service
Fund 309 Refunding Fire Bonds $125,000 excess debt service
Fund 245 Capital Equipment Reserve $ 82,000 undesignated balance
Fund 501 PIR $100,000 undesignated balance
'.
, > Total $477,000
To:
A new Capital Projects Fund $477,000
Fund # yet to be assigned
The funds will be designated in the new Capital Project fund for High School Development.
If there are any questions related to the request please contact me at 767-5110.
..
.
, CITY OF ANDOVER
~ .
REQUEST FORCOUNCILACTlON
DATE nl'!N>mtv>r 5, ?nnn
AGENDA SECTION ORlGINA TlNG DEPARTMENT
ADD-ON Engineering ~
Scott Ericks;)~
ITEM NO. Approve Grading of Chesterton Commons North Second Addition
REQUEST:
Ashford Development is requesting permission from the Andover City Council to grade at its own risk
the plat of Chesterton Commons North Second Addition. The preliminary plat will be presented for
Council consideration at the December 19, 2000, City Council meeting.
Ifpermission is granted, they will also need grading authorization from the Coon Creek Watershed
District.
--
"
.
.
December 5. 2000
?vfr. David Carlberg
Community Development Director
City of Andover
1685 Crosstown Blvd
Andover Mn. 55304
Re: Grading of Chesterton Commons North Second Addition
Dear Mr. Carlberg
It would appear that the weather conditions would allow some or all of the
grading on this plat to be done yet this year and as such. Ashford
Development requests permission from the City of Andover to grade at its
own risk the Plat of Chesterton Commons North Second Addition. Thank
you for considering this request.
Sincerely,
~W~
Jerry Windschitl
President
~
DATE December 5. 2000
ITEMS GIVEN TO THE CITY COUNCIL
. Planning & Zoning Minutes - November 14, 2000
. Ord. No. 8QQQQQ
. Ord. No. 8RRRRR
. Ord. No. 8SSSSS
. Ord. No. 8UUUUU
. Ord. No. 8XXXXX
. Ord. No. 8YVYYY
. Ord. No. 112A
. Ord. No. 112B
. Construction Plansrrownhomes of Woodland Creek
. Schedule of Bills
PLEASE ADDRESS THESE ITEMS AT THIS MEETING OR PUT THEM ON
THE NEXT AGENDA.
THANK YOU.
CITY OF ANDOVER
.. COUNTYOFANOKA
STATE OF MINNESOTA
ORDINANCE NO.8QQQQQ
AN ORDINANCE AMENDING ORDINANCE NO.8, SECTION 6.03, ZONING
DISTRICT MAP OF THE CITY OF ANDOVER.
THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS:
Ordinance 8, Section 6.03, The Zoning District Map of the City of Andover is hereby
amended as follows (PIN 22-32-24-11-000 I, -12-0001):
I) Rezone from R-l, Single Family Rural to R-4, Single Family Urban on
approximately 46.7 acres legally described as follows:
All that part of the North Half of the Northeast Quarter of Section 22, Township 32,
Range 24, Anoka County, Minnesota lying south of the north 60.00 acres thereof; and
All that part of the South Half of the Northeast Quarter of Section 22, Township 32
,,) North, Range 24 West, Anoka County, Minnesota which lies west of the following
described line: Commencing at the southwest corner of said South Half of the Northeast
Quarter; thence northerly along the west line of said South Half of the Northeast Quarter
a distance of 445.00 feet; thence easterly along a line parallel with the south line of said
South Half of the Northeast Quarter a distance of 1013.00 feet; thence southerly parallel
with the east line of said South Half of the Northeast Quarter a distance of 444.95 feet to
the south line of said South Half of the the Northeast Quarter and being the actual point
of beginning of the line to be described; thence return northerly parallel with said east
line of the South Half of the Northeast Quarter a distance of 1313.78 feet to the north line
of said South Half of the Northeast Quarter and said line there terminating.
Said ordinance amendment is subject to compliance with the comprehensive plan.
NOTE: All other sections of the Zoning Ordinance Shall remain as written and adopted
by the City Council of the City of Andover.
Adopted by the City Council of the City of Andover on this 6th day of April,
1999.
CITY OF ANDOVER
.' f. )7k ~d
ATTEST: .E. McKelvey, Mayor
"\ !L;t;~ d.b!/
)
Victoria V olk, City Clerk
( II ~ City of REZ 98-07, R-l to M-l & R-4 \\
Andover FOX HOLLOW
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~ R.l . Single Fomiy-Runo'
LEGEND R-,A - M.nuractured Housing N Sources:
. R,2. Single Fomlly,Eslats A
N subject Property R,3. Single Fomiy-Subu""on Andover Engmeering '\
. R-4 - Sing" Famity-UrblIn Andover GIS
<-- N Street Center lines o M-l. Multiple Dwelling Low Density Anolca County GIS )
.-- ,: Water.shp 6 M-2, Multiple OweIling
_ Parltshp LB ~ Umlled Business
Pareels NB. Neightxllt100d Sustness
8 Loll Parcel Boundarie. ., SC - Shopping Center t inch - 557 feel RF .1:6,683
Right-of-Way ~ GB _ General Business
EJ I_Industrial
. _ . Wa'er Features o GR - General RecreatJ:m Map Date: January 21,1999
--
CITY OF ANDOVER
COUNTY OF ANOKA
\ STATE OF MINNESOTA
oJ
ORDINANCE NO.8RRRRR
AN ORDINANCE AMENDING ORDINANCE NO.8, SECTION 6.03, ZONING
DISTRICT MAP OF THE CITY OF ANDOVER.
THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS:
Ordinance 8, Section 6.03, The Zoning District Map of the City of Andover is hereby
amended as follows (PIN 33-32-24-43-0049):
1) Rezone from Neighborhood Business to R-4, Single Family Urban on
approximately 33,000 square feet legally described as follows:
Lot 11 AUDITORS SUBDIVISION NO. 137; except the east
92.50 feet thereof, as measured along the north and south lies;
except roads; subj ect to easements of record.
Said ordinance amendment is subject to compliance with the comprehensive plan.
\ NOTE: All other sections of the Zoning Ordinance Shall remain as written and adopted
'. / by the City Council of the City of Andover.
Adopted by the City Council of the City of Andover on this 3rd day of August,
1999.
CITY OF ANDOVER
ATTEST:
(--o !.
11..1;;M-' tv<eL,
Victoria Volk, City Clerk
)
. '." . ,-' . .. . .
. . . ..
~ City of CPAlREZ 99-01 - CITY OF ANDOVER \
Andover 13305 Crooked Lake Boulevard NW
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LEGEND Sources: 1,\,
r ! S41bj4lCl Propelty 0 :150' ....&ng Boun...., A Ando'I... !nllil-illl
_",GIS
"v' StrM1 Cen.' Line. E;] P'ropert)eS Notified Anolca County GIS
P.'c:.1S RF - \:5.11l
~ LotI P~ Sou__ I i:>c:h - 490 r...
Righl-d.Way Map Date: June 30, 1999
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CITY OF ANDOVER
COUNTYOFANOKA
STATE OF MINNESOTA
\
i
/
ORDINANCE NO.8SSSSS
AN ORDINANCE AMENDING ORDINANCE NO.8, SECTION 6.03, ZONING
DISTRICT MAP OF THE CITY OF ANDOVER.
THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS:
Ordinance 8, Section 6.03, The Zoning District Map of the City of Andover is hereby
amended as follows (PIN 14-32-24-32-0014):
I) Rezone from R-l, Single Family Rural to R-4, Single Family Urban on
approximately 13.7 aces legally described as follows:
The Northwest Quarter of the Southwest Quarter of Section 14, Township 32, Range 24, Anoka County,
Minnesota. Except the West 660.00 feet of the south 555.80 feet of the North 1184.86 feet as measures at right
angles to the North and West lines thereof. Also except the North 689.06 feet of that part of said Northwest
Quarter of the Southwest Quarter lying West of the East 300.00 feet as measured at right angles to the North and
West lines. Also except the North 463 feet of the East 270 feet of said Northwest Quarter of the Southwest
Quarter as measured at right angles to the North and East lines thereof. Also except that part of the property
platted as CHESTERTON COMMONS NORDI ADDITION. Subject to County State Aid Highway No. 20,
County State Aid Highway NO. 78, and easements of record, if any.
And
That part of the North 689.06 feet of the Northwest Quarter of the Southwest Quarter of Section 14, Township 32,
Range 24, Anoka County, Minnesota as measured at right angles to the North line thereoflying West of the East
300 feet as measured at right angles to the East line thereof and lying East of the West 660 feet as measure as right
angles to he West line thereof. Except there from the North 397.00 feet as measure at right angles to the North line
thereof lying West of the East 330 feet as measured at right angles from the East line thereof and lying East of the
West 660 feet as measured from the West line thereof. Subject to County Stat Aid Highway No. 20 as delineated
in Anoka County Highway Right-of-Way Plat No. 20. Subject to easements of record, if any.
Said ordinance amendment is subject to compliance with the comprehensive plan.
NOTE: All other sections of the Zoning Ordinance Shall remain as written and adopted
by the City Council of the City of Andover.
Adopted by the City Council of the City of Andover on this 5th day of October
1999.
CITY OF ANDOVER
ATTEST:
iLt;~ !/:tb
\ Victoria V olk, City Clerk
. j
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~ City of Proposed Land Use Change
Ashford Development Corp. '\
Andover I
14xx 161st Ave.
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Right-d,Way
_.-- ~fater Features Map Date: September 02, 199
CITY OF ANDOVER
COUNTYOFANOKA
STATE OF MINNESOTA
/ ORDINANCE NO.8UUUUU
AN ORDINANCE AMENDING ORDINANCE NO.8, SECTION 6.03, ZONING
DISTRICT MAP OF THE CITY OF ANDOVER.
THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS:
Ordinance 8, Section 6.03, The Zoning District Map of the City of Andover is hereby
amended as follows (PIN 22-32-24-31-0001, -32-0001, 0002):
I) Rezone from R-l, Single Family Rural to R-4, Single Family Urban on
approximately 39 aces legally described as follows:
All that part of the South Half of the North Halfofthe Southwest Quarter of Section 22, Township 32, Range 24,
Anoka County, Minnesota, excepting there from the South 16.5 feet as measures at right angles to the South line
of said North Half of the Southwest Quarter, according to the United States Government Survey thereof. AND
The South 11.00 feet of the North Half of the North Halfofthe Southwest Quarter of Section 22, Township 32,
Range 24. AND The North 16.5 feet of the South Halfofthe Southwest Quarter of Section 22, Township 32,
Range 24, as measured at right angles to Section 22 of Township 32, Range 24, as measured at right angles to the
North line of said South Half of the Southwest Quarter. AND The South 16.5 feet of the North Half of the
Southwest Quarter of Section 22, Township 32, Range 24, as measured at right angles to the South line of said
North Halfofthe Southwest Quarter.
) EXCEPT the following described property: Beginning at the intersection of the west line of said South Half of the
Southwest Quarter of Section 22 and the south line of the north 16.50 feet of said South Half of the Southwest
Quarter of Section 22; thence South 88 degrees 45 minutes 20 seconds East, assumed bearing along said south
line, a distance 000.14 feet; thence North 01 degrees, II minutes 12 seconds East a distance off 134.06 feet;
thence North 88 degrees 45 minutes 20 seconds West a distance of29.01 feet; thence North 01 degrees 14 minutes
40 seconds East a distance of 60.00 feet; thence South 88 degrees 45 minutes 20 seconds East a distance of 63.94
feet; thence North 14 degrees 20 minutes 30 seconds East a distance of 138.61 feet; thence North 30 degrees 50
minutes 12 seconds West a distance of84.41 feet; thence North 05 degrees 43 minutes 45 seconds West a distance
of 213.36 feet; thence North 84 degrees 16 minutes 15 seconds East a distance of 133.28 feet; thence North 05
degrees 43 minutes 45 seconds West a distance of 59.74 feet to the north line of the south 11.00 feet of said North
Half of the North Half of the Southwest Quarter of Section 22; thence North 88 degrees 43 minutes 02 seconds
West along said north line, a distance of 151.75 feet to the west line of the South Half of the North Half of the
Southwest Quarter of Section 22; thence South 0 I degrees 09 minutes 09 seconds West, along said west line, a
distance of 676.94 feet to the point of beginning.
NOTE: All other sections of the Zoning Ordinance Shall remain as written and adopted
by the City Council of the City of Andover.
Adopted by the City Council of the City of Andover on this 7th day of December
1999.
CITY OF ANDOVER
, ~, t J7t-Aej~
, ATTEST: h.E. McKelvey, Mayor (jl
)
(L~.;~ tl~
Victoria Volk, City Clerk
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1i~1 Andover
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c::J SUbject property 53 R". SOlgIo PomiIy-UrbI" Anoka County GIS
. 0 101-1 . Multiple 0we'1ll9 Low Dens",
N SlreetCenterllnes _ t.l-2.MulipleOwollIng LOCATION
{.. 8 LB. Umbd BusineSs
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Parcels . EEl SC.S><>ppngcon1Br
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8 Right-d,Way El']l.'nduslrial Map Date: Novem ,
wmer Features CJ GR, G....., Recrntion
CITY OF ANDOVER
/ COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO.8XXXXX
AN ORDINANCE AMENDING ORDINANCE NO.8, SECTION 6.03, ZONING
DISTRICT MAP OF THE CITY OF ANDOVER.
THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS:
Ordinance 8, Section 6.03, The Zoning District Map of the City of Andover is hereby
amended as follows:
Rezone property from R-3, Single Family Suburban to R-4, Single Family Urban
on property owned by Wayne Ness, legally described as Lot 3, Block 3,
ANDOVER BOUNDARY COMMISSION PLAT NO.1 (PIN 29-32-24-31-0091)
NOTE: All other sections of the Zoning Ordinance Shall remain as written and adopted
by the City Council of the City of Andover.
) Adopted by the City Council of the City of Andover on this 6th day of June 2000.
CITY OF ANDOVER
ATTEST:
tL<~~j tJ~L/
Victoria V olk, City Clerk
'\
/
@ City of 14268 Round Lake Blvd
Andover Rezoning & Lot Split
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o = Mailing Boundary o R-3. Single Family-SubUr'ban Andover P1aming
D R.4. Single Family-Urban Andover GIS
o M-l- Multiple Qwening Low Oensiti Anoka County GIS ,
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1" Subject p,_rty CJ LB - Umlted BusinesS
o NB - Neighbort'loOd Business
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_I-InduStrial Map Date: April 25, 2000
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CITY OF ANDOVER
COUNTYOFANOKA
STATE OF MINNESOTA
ORDINANCE NO. 8YYYYY
Ordinance 8 is hereby amended as follows:
5.02 Rezonin~s. The procedure for changing zoning district boundaries
(rezoning) shall be as follows:
(G) Contract Rezonin~s
Pu ose. The ose for the contract is to formalize develo ment
standards to ensure consistency and compatibility with surrounding
land uses and neighborhoods.
2 Execution. Execution of a zonin contract recorded with the ro ert
shall be compulsory for all rezonings to multiple family, commercial,
and\or industrial districts, including the following:
I
· M-l, Multiple Dwelling Low Density
· M-2, Multiple Dwelling
· LB, Limited Business
· NB, Neighborhood Business
· GB, General Business
· SC, Shopping Center
· I, Industrial
(3) Standards. The following standards shall be included in the zoning
contract:
(a) Agreement to layout, develop and maintain the subject
property as presented in the accompanying preliminary plat or
site plan.
(b) Provision to allow the City Council to commence rezoning of
the property to the previous zoning district if the preliminary
plat or site plan is not adhered to. Said zoning change shall not
be contested by the property owner or signer of the zoning
contract.
1.
..
(c) Additional standards may be included to protect the health, / ,
safety, and general welfare of surrounding land uses.
(4) Modifications. Any modification or revision to the zoning contract or
attached plans shall be prohibited without maiority consent of the
City Council. Any substantial modification as determined by the City
Council shall be subject to a public hearing and notification of
adjacent property owners pursuant to the public hearing requirements
of this ordinance.
6.02 Minimum Requirements
Lot Area Per Dwelling Unit (square feet): LB
2-Family Home 7,000.
Apartments (square feet):
Efficiency 1,500.
I-Bedroom Units 2,500.
2- or More Bedroom Units 3,500.
Floor Area Per Dwelling Unit (square feet):
2-Family Home &00
Apartments (square feet):
Efficiency ~
I-Bedroom Units +00 / 'i
Each Additional Bedroom (Plus) +W I
7.01 Permitted Uses
Business Districts:
LB, Limited Business
,
Barber Shops, Beauty Salons and Tanning Studios
Business schools
Churcntls
Day Care Centers
Essential Service Structures - including but not limited to
buildings such as telephone exchange stations, booster or sub-
stations, elevated tanks and lift stations conforming to architectural
style ofthe neighborhood.
Financial Institutions
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Medical and dental clinics
Mortuaries and funeral homes
Professional offices (loading berths prohibited)
Professional studios
Rest homes and nursing homes
Urban agricultural (8ZZ, 3 15 88)
Veterinary Clinics (no outside pens or animal storage)
In no circumstances shall exterior storage be permitted.
7.03 Special Uses
Business Districts:
LB, Limited Business
Adult Use Busin@ss@s as defined in Ordinanc@ if 92 and as
amended. (RNl'JN, 7 17 90)
Clubs and lodges
Liquor Lic,mse C8L, 7 21 81)
Mot@ls (8Z, 3 15 88)
Churches
Comm@rcial Gr@enhouse
Restaurants
Retail Trade and Services
Twenty-Four (24) Hour Continuous Operation of permitted uses
7.04 Uses Excluded
In LB, Limited Business District:
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Exterior ~torage \
All other sections of this ordinance shall remain as written.
Adopted by the City Council of the City of Andover on this 18th day of July, 2000.
CITY OF ANDOVER
ATTEST:
tL.~. I../.L
I -to UL/ (J...
Victoria V olk, City Clerk
I' '.
I
, -'\
)
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO. 112A
AN ORDINANCE AMENDING ORDINANCE NO. 112, REGULATING PLANNED
UNIT DEVELOPMENTS (PUDs) IN THE CITY OF ANDOVER.
The City Council of the City of Andover hereby ordains as follows:
Section 1. Purpose. This Ordinance intended to provide for the permit flexibility of
site design and architecture for the conservation ofland and open space through
clustering of buildings and activities. This flexibility can be achieved by waiving or
varying from the provisions of Ordinance No.8, the Zoning Ordinance, including lot
sizes, setbacks, heights 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. Planned Unit Developments enesurago shall accomplish all of the
following:
1. Attaining a higher standard of site design and development that cannot be
accomplished under strict adherence to develooment ordinance
I provisions. IllRclYatieRs in ae\'elopmem te the ena that the grewing
demanas for all styles ef eeoRsrnie eKpansion may ae met aj' the .;reater
','ai.'"iety in tYfle, aesigR, and sitiRg sf EJtrnetttres ana l3y the 6sRser\'ation and
more effieieat use sf lana in sueh c:llwelopments;
~ Higher EJtanaai.'"as sf site aaa auilaing aesigR tB:rsugh the use sf trained and
experien6ea lana planners, arehiteets and lanaseape ai.'"ehiteets;
J.,. More cenvenience iFl loeatiOR and aesigR sf aeyelopment and senifJ(l
faeilities;
4,. 2. The preservation and enhancement of desirable site characteristics such
as natural topography, woodlands, geologic features and the prevention of
soil erosion;
~ A ereatiT,'e Hse sf land aTla related physieal developrneRt ,,:hieh allo'.'ls a
phasea ana orderly traflsitioR ofland from rural to urban uses;
6-:.l, An ~ efficient use of land resulting in smaller networks of utilities and
streets thereby lowering the development costs and public investments;
1
+.- 4. A development pattern in harmony with the Andover Comprehensive , ,
Plan. (PUD is not as-a means to vary applicable planning and zoning
principles.)
g.,. ~~::~;~ :::~~~:.ana ereatiye ~rrvirenmeBt ~-R~ might Be ~essiBle t:m-e~bh
C lea efthe zernag afl:a SliBdlYlSl8a reg1HatleRs efthe City.
Section 2. Definition. Planned Unit Developments (PUDs) shall include all
developments having two (2) ore more principal uses or structures on a single parcel of
land which shall include townhouses, single and two-family homes, apartment projects
involving more than one (I) 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.
Section 3. Zoninl! District Supplement. A Planned Unit Development (PUD) District
is supplementary to a zoning district within or encompassing all or a portion or portions
of one or more original districts in accordance with the provisions of this Ordinance and
the Zoning Ordinance. As used in this Ordinance, the term "original district" shall mean
a zoning district as described in Ordinance No.8, the Zoning Ordinance.
Section 4. General Requirements and Standards. / "
,
I
1. Ownership: An application for PUD approval must be filed by the
landowner or jointly by all landowners of the property included in a project. The
application and all submissions must be directed to the development of the
property as a unified whole. In the case of multiple ownership, the Approved
Final Plan or Plat shall be binding on all owners.
2. Comprehensive Plan Consistency: The proposed PUD shall be
consistent with the Andover Comprehensive Land Use Plan.
3. Sanitary Sewer Plan Consistency: The proposed PUD shall be
consistent with the Andover Comprehensive Sewer Plan when applicable.
4. Ordinance Consistencv: The proposed PUD shall be consistent with
the intent and purpose of City Ordinance provisions relating to land use,
subdivision and development.
5. Common Open Space: Common open space at least sufficient
to meet the minimum density requirements established by the City shall be
provided within the area of the PUD, except as provided in Subsection 8 below.
r '\
6. Operatinl! and Maintenance Requirements for PUD Common Open I
Space/Facilities: Whenever and wherever common open or service facilities
2
----
are provided within a PUD, the PUD shall contain provisions to assure the
/ continued preservation. operation and maintenance of such open space and service
facilities to a pre-determined reasonable standard. Common open space and
service facilities within the PUD may be placed under the ownership of one or
more of the following, as approved by the City Council:
a. Dedicated to public, where a community-wide use is anticipated
and the City Council agrees to accept the dedication.
b. Laaalera eOFltrel, .....here ern)' tHe teaGnts is amieipated.
e. b. Property Owners Association, provided all of the following
conditions are met:
1. Prior to the use or occupancy or sale or the execution of contracts
for sale of an individual building unit; parcel, tracts, townhouses,
apartment, or common area, a declaration of covenants, conditions and
restrictions or an equivalent document shall be filed with the City of
Andover. Said filing with the City shall be made prior to the filings of
said declaration or document with the recording officer of Anoka County,
Minnesota.
/ 2. The declaration of covenants, conditions and restrictions or
equivalent document shall specify that deeds, leases or documents of
conveyance affecting buildings, units, parcels, tracts, townhouses, or
apartments shall subject said properties to the terms of said declaration.
3. The declaration of covenants, conditions and restrictions shall
provided that an owner's association shall be formed and that all owners
shall be a member of said association which shall maintain all properties,
private infrastructure and common areas in good repair and which shall
assess or ehaRb" charge individual property owners proportionate shares
of joint or common costs. This declaration shall be subject to review and
approval by the City Attorney prior to the recording of the final plat. The
intent of ~ these requirements is to protect the property values of the
individual owners through established private control.
4. The declaration shall additionally, amongst other things; provide
that in the event the association fails to maintain properties in accordance
with the applicable covenants and rules and regulations of the City of
Andover or fails to pay taxes or assessments on properties as they become
due and in the event the City of Andover incurs any expenses in enforcing
its rules and regulations, which said expenses are not immediately
; reimbursed by the association, then the City of Andover shall have the
right to assess each property with interest thereon and costs of collection,
3
shall be a lien on each property against which each such assessment is ,
made.
5. Membership of the association shall be mandatory for each owner
and any successive ~ owner. tenant or assign.
6. The open space restrictions shall be permanent and not for a given
period of time.
7. The Association must be responsible for liability insurance, local
taxes and the maintenance of the open space facilities deeded to it.
,
8. Property owner must pay the prorata share of the cost of the
Association by means of an assessment to be levied by the Association
which meets the requirements for becoming a lien on the property in
accordance with Minnesota Statutes.
9. The Association must be able to adjust the assessments to meet
changing needs.
10. The by-laws and rules of the Association and all covenants and
restrictions to be recorded must be approved by the City Council prior to / '1
the approval of the final PUD plan or plat.
lL Anv amendment or dissolution of association. or related documents
must be approved bv the Citv Council.
7. Staging of Public and Common Open Space. When a PUD
provides for common or public open space and is planned as a staged
development over a period of time, the total area of common or public open space
or land escrow security in any stage of development shall, at a minimum, bear the
same relationship to the total open space to be provided in the entire PUD as the
stages or units completed or under development bear to the entire PUD.
8. Density. Net buildability shall include total grossacreage minus
parks. roadwavs. maior drainage and utility easements. and tvpe 3. 4 and 5 wetlands as
defined b the US Co s of En ineers am hlet entitled "101m octant uestions " US
Government Printing Office No. 1979-768-929. or future revisions. The density of a
PUD shall conform to the regulations of the zoning district in which the land and project
are located. and shall be basea on the net Builaaele area (enel1:1de streets), exc;ept t1:l11t
Density increases of up to five (5%) percent (~ 15% maximum total) may be allowed
for each category listed below at the discretion of the City Council, as an incentive for the
developer to include the following features hereby determined to be a benefit to the " "
public. I
/
4
-
a. Provide trails. parks. or other recreational facilities above and
bevond minimum park or trail dedication requirements that are
accessible to the general public. SignifieaRt undElYslopea common
open sj3aee.
b. Provide additional significant high qualitv open space above and
bevond minimum dedication requirements. Signifieant improved
commOR open spaee.
c. Incorporate higher qualitv design elements including but not
limited to housing materials. landscaping. and street scaping. All
design elements must be uniform and compatible to the
surrounding buildings and landscape. Distineth'eness and
encollence in sertinf; design and landscapinf;.
d. Architectural style ana o','erall appe&ranee and eompatibility of
individHal buildings to other site elements or to sl:lffounding
development.
The burden for justifying a density increase rests with the applicant.
9. Staging of Development. Whenever a PUD is to be developed in
stages, the density of the stages when totaled shall not exceed the proposed
residential density of the entire PUD. The City may require a developer to record
a restrictive covenant in favor ofthe City to insure that all stages or phases will be
developed within the overall density for the entire PUD.
10. Utilities. All utilities shall conform to the design standards of
Ordinance No. 10, the Subdividing and Platting Ordinance and other applicable
design standards on file with the City. All utilities, including, but not limited to,
telephone, electricity, gas, and telecable shall be installed underground.
11. Citv Utilities. All city utilities including, water, sanitary sewer, storm
sewer and streets shall be designed, installed and maintained by the City in
conformance with all city standards and practices. Utility easements shall be
dedicated as required by the City.
12. Urban Development and A vaiIabilitv of Public Service. All
development shall be carefully phases so as to ensure that it will not cause an
unreasonable burden upon the City in providing services and utilities or cause a
deleterious impact upon the natural environment.
13. Streets and Site Improvements. All streets and site improvements
/ shall meet the design standards and regulations contained in Ordinance No. 10,
5
the Platting and Subdividing Ordinance, unless otherwise approved by the City
Council.
14. Landscaping. In any PUD, landscaping shall be provided according to a
plan approved by the City Council, which shall include a detailed planting list
with the City Council, which shall include a detailed plating list with sizes and
species indicated as a part of the Final Plan. In assessing the landscape plan, the
City Council shall consider natural features of the particular site maintenance, the
architectural characteristics of the proposed structures and the overall scheme of
the PUD.
15. Special Requirements and Standards.
a. Residential Planned Unit Developments (Density Zoning).
1. Required Frontage and Minimum Project Size. The tract
of land for which a project is proposed and permit requested shall
not have less than two hundred (200') feet of frontage on fL the-
~ publiclv dedicated and maintained right-of-way and be a
minimum oftwo (2a.) acres.
2. Yards. ' \
a. The front and side yard restrictions at the periphery
of the PUD site shall, at a minimum, be the same as those
required in the zoning district.
b. No building shall be located less than fifteeR (15')
twentv (20) feet from the back of the curb line. along those
streets v:hieh are flart ef t.J3.e flriyate iRternal street pattern.
c. No building within the project shall be located
nearer to another building than one-half (1/2) the sum of
the building heights of the two (2) buildings.
d. Ne l:mildillgs shall ee loeatea Rearer than its
building height te t.J3.e rear and side preflerty liaes.
b. Commercial or Industrial Planned Unit Developments.
1. Required Frontage and Minimum Project Size. The tract
of land for which a project is proposed and permit requested shall
not have less than two hundred (200') feet of frontage on the publie f - ",
a publiclv dedicated and maintained right-of-way and be a
minimum of two (2a.) acres.
6
.
2. Yards.
fu The front and side yard restrictions at the periphery
of the PUD site shall, at a minimum; be the same as those
required in the zoning district.
b. No ImildiHg shall ee leoated Bearer thaa its 8uildiflg
height t8 the rear amI side 13repertj' liROS.
3. Landscaping, Surfacing and Screening.
a. All areas disturbed on the site other than that
covered by structures or hard surfacing shall be landscaped
in compliance with this Ordinance and all other applicable
City Ordinances.
b. The entire site other than that taken up by structures
or landscaping shall be surfaced in accordance with the
standards on file in the office of the City Engineer.
c. DeT,'elo13I:ReHts abHttiRg a resideR-tial Elistriot shall
be s8roened arIEllandsoaped iR sOffi13liaRse v:ith the ZoniRg
/ OrdiHaHoe Gild et-her applioable repilations. Additional
consideration shall be taken to screen existing residences.
c. Mixed Use Planned Unit Developments.
1. Required Frontage and Minimum Project Size. The tract of
land for which a project is proposed and permit requested shall not
have less than two hundred (200') feet offrontage on the pttbIio
a publicI v dedicated and maintained right-of-way and be a
minimum two (2a.) acres.
2. Yards.
fu The front and side yard restrictions at the periphery
of the PUD site shall, at a minimum, be at same as those
required in the zoning district.
b. };o 8uilEliRg shall be looated Hearer than its building
hoight to the rear and side prepeIiJ' lines.
3. Landscaping, Surfacing and Screening.
\
I
7
.
.
a. All areas disturbed on the site other than that ,
covered by structures or hard surfacing shall be landscaped
in compliance with this Ordinance and all other applicable
City Ordinances.
b. The entire area other than that taken up by
structures or landscaping shall be surfaced in
accordance with the standards on file in the office of
the City Engineer.
c. Developments abutting a residential district shall be
screened and landscaped in compliance with the
Zoning Ordinance and other applicable regulations.
16. Sign Requirements. Signs shall be regulated and conform to the
standards set out in Ordinance No.8, Section 8.07. All signs shall be shown on
the Final Plan.
17. Special Protection Districts. Planned Unit Developments involving land
within the Flood Plain, Shoreland Management or Scenic River Districts shall be
subject to the provisions of those ordinances regulating said districts.
/ \
ll:. PUD Credit of Site Improvements. In order to obtain PUD credit for site
improvements including but not limited to trails. parks. landscaping, etc.. the
improvements must be constructed as a part of the initial phase or the costs must
be escrowed as determined bv Citv Council.
Section 5. Application. Review and Administration. The general sequence for
application, review and action on a PUD shall be the same as platting a property as
specified in Ordinance No. 10, the Platting and Subdividing Ordinance. A Special Use
Permit shall be required. Application for the Special Use Permit shall be made as
specified in Ordinance No.8, Section 5.03 and shall be made in conjunction with the
filing of the Preliminary Plat Application.
Section 6. Violation and Penalty.
1. Misdemeanor. Any person, firm or corporation violating any of the
provisions of this Ordinance shall be guilty of a misdemeanor, and upon
conviction thereof shall be punished as defined by State Law.
2. Other Remedies. In addition to the penalties imposed by this ordinance,
the City may exercise, with or separately from such penalties, all and any legal
and equitable remedies then available to the City by this ordinance, or by statute, / \
or by other ordinances of the City, or by applicable rules and regulations, to I
enforce this ordinance, including, without limitation, injunction.
s
--
.
Section 7. Effective Date. This Ordinance shall take effect and be in force
from and after its passage and publication.
Passed by the City Council of the City of Andover this 9th day of November, 2000.
CITY OF ANDOVER
r: )?t I{ ~
' <... t/.a
A rTEST:
{Li:~ j drib
Victoria Volk, City Clerk
j
9
CITY OF ANDOVER
COUNTYOFANOKA
STATE OF MINNESOTA
ORDINANCE NO. 112B
AN ORDINANCE AMENDING ORDINANCE NO. 112, REGULATING
PLANNED UNIT DEVELOPMENTS (PODs) IN THE CITY OF ANDOVER.
The City Council of the City of Andover hereby ordains as follows:
Ordinartce No. 112 is hereby amended as follows:
Section 5. Application. Review and Administration.
The general sequence for application, review artd action on a POD shall be the
same as platting a property as specified in Ordinartce No.1 0, the Platting and
Subdividing Ordinartce. A Special Use Permit shall be requireq. Application for
the Special Use Permit shall be made as specified in Ordinance No.8, Section 5.03
and shall be made in conjunction with the filing of the Preliminary Plat
, Application. A 2/3rds vote of all City Council members shall be required to
approve a special use permit for a planned unit development. .
All other sections of this ordinance shall remain as written and adopted by the City
Council of the City of Andover.
Adopted by the City Council on this 21st day of November, 2000.
ATTEST: CITY OF ANDOVER
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Victoria Volk, City Clerk : J.~. ~cKelv;, Mayor
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~ CITY OF ANDOVER
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REQUEST FOR COUNCIL ACTION
DATE: December 5. 2000
AGENDA SECTION ORIGINATING DEPARTMENT
Non-Discussion/Consent Item/ADD-ON Scott Erickson,~t
ITEM NO.
Engineering
15. Declare CosUOrder Assessment Roll/
97-49/Chesterton Commons 2nd Addition
The City Council is requested to table this item until the next regular meeting of the City
Council on December 19, 2000. The developer has requested that the item be tabled in order
to further discuss with staff some of the associated project costs (see attached letter).
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December 1, 2Qoo
DEe - I 2000 ,
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Mr. Scott Erickson CITY 0' q,H"'::C
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City Engineer -,,......-....,,..-......
City Of Andover
1685 Crosstown Blvd,
Andover, MN 55304
Deal' Mr. Erickson,
Ashford Developm=t ~quests thri.t item fifteen, "declare costs & order
8.S$eMlUnt Role/97-49/Chesterton Commons 21'ld Addition" under the Non-
Discussion Items for the December S, 2000 Regular City Council Meeting
be removed at this time and placed onl:hc ~ 19, 2000 City COUIlCil
Agenda. We bave requested this because we have not received all of the
information nom.the City regarding the costs that are included in the
e.sses!mentS.
please co~t us with any questions.
Sincerely, rJ
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Gerald Windscbitl
Ashford Development Corp, Inc.
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December 4, 2000 "'. (I ?ODO
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Mr. Scott Erickson
City Engineer
City Of Andover
1685 Crosstown Blvd
Andover, MN 55304
Dear Mr. Erickson,
Ashford Development would like confirmation that item fifteen, "declare costs & order
assessments Role/97-49/Chesterton Commons 2nd Addition" under the Non-Discussion
Items for the December 5, 2000 Regular City Council Meeting has been removed from
the agenda.
Please notifY us of the removal, and contact us with any further questions.
Sincerely,
Gerald Windschitl
Ashford Development Corp, Inc.
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MEMO
TO: Jack McKelvey, Mike Knight, Julie Trude, Ken Orttel, Don Jacobson,
Dave Carlberg, Jim Dickinson
FROM: Cindy Ramseier for Vicki V olk
DATE: December 19,2000
SUBJECT: Revised 2001 Fee Schedule Resolution
Attached please find the revised 2001 Fee Schedules Resolution. The Resolution that
was attached with your original packet of City Council Meeting materials was incorrect
by not showing which fees had been changed or added.
Please review prior to this evenings City Council Meeting.
Attachment: Revised 2001 Fee Schedules Resolution
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
A RESOLUTION ESTABLISHING PERMIT FEES, SERVICE CHARGES, AND VARIOUS OTHER FEE'S
TO BE COLLECTED BY THE CITY OF ANDOVER.
THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES:
The following permit fees and service charges are hereby established for the year 2001.
Administrative Fee: 25% of total labor charges
Approval/Recording of Deeds:
Abstract Property $25.00
Torrens Property $40.00
Bad Check Fee ~ $30.00
Copies: (per sheet)
Up to 8 1/2"x14" $0.25
Oversize $0.50
18"x24" $2.50
24"x36" $3.00
Larger Sizes $6.00
Copies of Surveys:
Up to 11"x17" $5.00
Requested by Owner $1.00
Demolition Permits:
Single Family Structures $30.00
Two Family Structures $40.00
Single/Double Garages $10.00
Barns $10.00
Multiple Family Structure
First Two Units $40.00
Each additional Unit $10.00
Commercial Units - minimum Fee $10.00
($2.00 per $100.00 Demolition Costs)
Page 1
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Dog License
One Year License $3.00
Two Year License $6.00
Commercial Kennel $250.00 includes mailing labels
Recording Fee:
Abstract $25.00
Torrens $40.00
Renewal $25.00
Private Kennel ~ $200.00 includes mailing labels
False Alarm Fine $75.00
Fire Hydrant Use Meter Cost (deposit) plus standard water rates
Flood Zone Search $15.00
Garbage Hauler License $50.00 per year + $25.00 per truck
Health Authority Certification $5.00
Ball Field Usage:
Adult Rec Play $75.00 per team, per season
$10.00 additional, per player, non-resident fee
Youth Rec Play $0.00 per team, per season
$0.00 additional, per player, non-resident fee
Field without Lights $15.00 per hour or
(Private Use) $75.00 per day
Field with Lights $20.00 per hour or
(Private Use) $100.00 perday
Note: Includes the use of fields for both lighted and non-lighted
Rental Equipment for Tournament
Limer $3.00 per tournament
Lime $3.50 per bag
Drag $1.50 per tournament
Hose and Nozzle $1.50 per tournament
Batter's Box $1.50 per tournament
Weekend Tournaments
No Field Maintenance/Adult $200.00 tournament fee park plus
$150.00 field usage fee per field
No Field MaintenancelYouth $200.00 tournament fee park plus
$75.00 field usage fee per field, youth organiza-
tions not affiliated with Andover Youth
With Field Maintenance/Adult $500.00 tournament fee park plus
$150.00 field usage fee per field
With Field MaintenancelYouth $500.00 tournament fee park plus
$75.00 field usage fee per field, youth organiza-
tions not affiliated with Andover Youth
Note: 1 day tournaments will be charged 75%
of the tournament and field usage fee.
Page 2
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Vehicle Rental - Cushman Truckster $25.00 per day and $350.00 damage deposit
Picnic Shelter:
Sunshine Park $25.00 per 4 hour period
Hockey Rinks:
Rink without Lights (Adults) $25.00 per day
Rink with Lights (Adults) $12.00 per hour
Horses:
Boarding $10.00 perday
Impoundment of Horses $25.00 per hour per person
Transportation (trailer rental) $40.00
Stable Fee $3.00
Liquor:
Non-Intoxicating
Off Sale $75.00 per year
On Sale $200.00 per year
Intoxicating: Sunday Liquor $200.00 per year
On Sale Liquor $4,000.00 per year
On Sale Wine $500.00 per year
Off Sale Liquor $200.00 per year
Maintenance Cost Recovery Union Scale + 25%
Maps:
City Maps $2.00
Zoning Maps $3.50
Topographical Maps $11.00 per acre
Colored Zoning Map $15.00
Moving of Buildings
Up to 350 Square Feet $15.00
351 to 600 Square Feet $25.00
601 to 824 Square Feet $50.00
825 Square Feet & over $75.00
Notary Fee $3.00
Ordinances: $1.00
Ordinance 8 $25.00
Ordinance 10 $10.00
Outdoor Party Permit $5.00
Delivery of Barricades $25.00
Outdoor Promotional Fee-Temporary $100.00 perevent
Park Dedication Fees:
Single Family Residences $1,300.00 per unit
Town Home and Twin Home $1,300.00 per unit
Apartment (Multi-Family) $1,300.00 per unit
Lot Splits $1,300.00 per unit
Commercial/Industrial 10% of market value of land (per Ord. 10 Sec. 9.07.5)
Pawnbroker License:
New $5,000.00 per year
Renewal $5,000.00 per year
Planned Unit Development $250.00 includes mailing labels
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Removal of Sediments & Debris from $80.00 per hour (minimum charge 1/2 hour)
Streets subject to New Development & Building Activities
Rental Housing License: $50.00 per unit (except owner Occupied)
Reinspection Fee per Call (2nd) $30.00
Research by Staff $25.00 per hour (minimum $13.00)
Rights-of-Way Permit Fee Structure:
Annual Registration Fee $50.00
Excavation Permit Fee $200.00
Per Addt" Excavation (paved area) $100.00
Per Addt'l Excavation (unpaved area) $50.00
Trench Fee
Underground Utilityrrelecom Installation _
Directional Boring or Tunneling (in addition
to excavation permit fee) $40.00 per 100 L.F.
Underground Utlityrrelecom Installation _
Open Trenching (in addition to excavation
permit fee) $55.00 per 100 L.F.
Overhead Ulilityrrelecom Installation (in addition
to excavation permit fee) $5.00 per 100 L.F.
Obstruction Permit Fee $50.00
Permit Extension Fee $55.00
Mapping Fee $50.00
Delay Penalty (up to 3 days late) $60.00
(each day late over 3 days) Plus $10.00/Day
Sign Permit $1.00 per Square F oollside
$3.00 per Square Foot Erected without Permit
Special Assessment Searches $20.00
Street Opening Permit $10.00
Tobacco License $75.00 per year
Therapeutic Massage Establishment (all fees include investigation fee)
Single Application Fee $200.00
Corporate Application Fee $300.00
Partnership Application Fee $300.00
Renewal Fee $150.00
Therapeutic Massage Therapist $150.00 Annually
Towers & Antennas $250.00 includes mailing labels
Trail Fee (Bikeway/Pathway)
Residential $350.00 per unit
Commercial/Industrial Developer's Responsibility
Transient Merchant License $50.00 invest. fee
Tree Trimmer License:
License Fee $25.00 per year
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Building, Engineering, & Planning:
Agricultural Building Permit $5.00
Air Conditioning Installations ~ $25.00
Air to Air Exchange Permit: $25.00 NEW
Building Reinspection Fee ~ $47.00
Certificate of Occupancy $4.00
Commercial Site Plan Review $850.00
Contractor Licenses:
Contractor Verification Fee $5.00
Contractor License $25.00
Escrow Inspection Fee $25.00
Footing to Grade $15.00
Garage Furnace Permit: $35.00 NEW
Gas Fireplace Permit $40.00 per unit
Geo-therm Heating Permit: $35.00 NEW
Grading Inspection Fees:
First Inspection No Charge
Second Inspection No Charge
Third Inspection $35.00
Fourth Inspections $75.00
Fifth and any subsequent Inspections $100.00 each
Heating Installations (furnace) ~ $35.00
Lot Split Fee:
Lot Split $150.00 includes mailing labels
Public Notification Sign $25.00
Administrative Lot Split $25.00
Plan Check for Trees ~ $65.00
Plan Check/Residential 65% of permit fee
Plat Fees:
Sketch Plan Fee $850.00 NEW includes mailing labels & public
Preliminary Plat Filing Fee $275.00 notification s sign
Preliminary Plat Per Acre Fee $25.00
Final Plat Fee $100.00
Plat Escrow Deposit
Urban Lot $250.00 per lot
Rural Lot $600.00 per lot
Public Notification Sign $25.00
Plumbing (per opening) $8.00 minimum fee ~ $40.00
Re-roofing Permit: $40.00 NEW
Rezoning: $300.00 includes mailing labels
Public Notification Sign $25.00
Siding Permit: $40.00 NEW
Special Use Permit:
Commercial $250.00 includes mailing labels
Residential $200.00 includes mailing labels
Amended Special Use Permit $150.00 includes mailing labels
Public Notification Sign $25.00
Page 5
Variances:
Single Family $125.00
Other Requests $150.00
Comphrehensive Plan Admendment $400.00 includes mailing /abels
Public Notification Sign $25.00
Special Home Occupation Permit $50.00
Adult Use Business License $7,500.00 per year
Fire: Copies of Fire Reports $20.00
Building Reinspection Fees ~ $47.00 per hour
Burning Permits $20.00
Fire & Pyrotechnics Special Effects $250.00
Home Occupation Inspections ~ $47.00 per hour
Other Inspections as Requested ~ $47.00 per hour
Permits outlined in Article 1, Sec 105, 1997 UFC $25.00
Special Investigation as Requested ~ $47.00 per hour
Sentic:
On-Site Septic System Installation ~ $40.00 regular; $80.00 mound NEW
Septic System Pumping ~ :ti5.00
Sewer:
Sewer Availability Charge $1,100.00 $1,150.00
Sewer Contracting
Equipment Fee $80.00 per hour
Labor Fee Union Scale plus 25%
Televising Union Scale plus 25%, minimum 2 hours
Sewer Usage Rates:
Penalty/Late Payment 10%
Area A $44..W $45.50 per quarter
Area B $44..W $45.50 per quarter
Sanitary Sewer Installation $40.00
Sanitary Sewer Rates
Sewer Area Charge $1,145.QO $1,180.00 per acre
Sewer Connection Fee
(Commercial Connection Fee
Rate = 1 connection fee for
each SAC unit) $:l12 00 $322.00 per unit
Laterals $32.00 per F.F. (estimate)
Hookup Permit Fee (Sewer) $40.00 plus surcharge
Plumbing Homeowner contracts for
Water:
Water Installation (public) $50.00
Water Permit Fees:
Service/Connection $50.00
Tapping Main $30.00
Disconnection/Reconnection Requests $20.00
HVAC $15.00
Underground Sprinklers $15.00
Re-Inspection (all) $25.00
Page 6
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Service Charges:
Testing o to 6" Meters Cost plus 25%
Labor Fees Union Scale Plus 25%
Violation Penalties
Shut-off (7 a.m. - 3 p.m.) $50.00
Shut-off (after hours) $75.00
Water Meter Charges:
5/8" Meter $125.00
3/4" Meter (short lay length) $150.00
1" Meter $300.00
1 1/2" Meter $500.00
2" Meter $700.00
Special Sizes Cost plus 25% handling
Laterals $32.00 per F.F. (estimate)
Unit Connection Charges:
Residential $1 ,J75 gO $1,425.00 per unit
Non-residential, per REC $790 gO $810.00 per unit or $7,9g0.gg $8,100.00
per acre whichever is higher
Water Area Charges:
Residential and Commercial $1,1g500 $1,231.00 per acre
Water Usage Rates:
Billed Qtrly $7.30 Base Rate
$1.03 per 1,000 for 1 st 10,000 Gal.
$1.06 per 1,000 for 10,001 through 20,000
$1.10 per 1,000 for 20,001 through 35,000
$1.17 per 1,000 for 35,001 through 60,000
$1.25 per 1,000 for 60,001 through 100,000
$1.40 per 1,000 for 100,001 through 200,000
$1.65 per 1,000 for 200,001 and above
Minimum per quarter $8.30
Penalty/Late Payment 10%
'AlgI! 3Rd 5gpti~ L.Qt:lta $ JO.og per !::1st.lr
Adopted by the City Council of the City of Andover this 19th day of December, 2000.
CITY OF ANDOVER
Attest:
J.E. McKelvey - Mayor
Victoria Volk - City Clerk
g:dataleveryone/01 fees/fees.xls revised 12/15/00
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** COMMUNICATIONS REPORT ** AS OF DEC 19 2000 11:26 PAGE. 01
CITY OF ANDOVER
TOTAL PAGES TOTAL TI ME
SEND : 0024 SEND : 00007' 12"
RECEIVE : 0028 RECEIVE: 00011'36"
DATE TIME TO/FROM MODE MIN/SEC PGS CMDI:l STATUS
01 12/19 09:03 EC--R 00'32" 001 041 OK
02 12/19 09:19 763 263 8108 EC--R 06'36" 012 042 OK
03 12/19 10:21 EC--R 00'40" 002 043 OK
04 12/19 10:27 Wells Fargo Brok Srv EC--R 00'28" 001 044 OK
05 12/19 10:30 763 754 6397 EC--R 00'57" 003 045 OK
06 12/19 10:42 Wells Fargo Brok Srv EC--R 00'19" 001 046 INC
07 12/19 10:43 Wells Fargo Brok Srv EC--R 00'30" 001 046 OK
08 12/19 11:10 9528954453 EC--R 01'34" 007 047 OK
09 12/19 11:17 763 413 9140 EC--S 01'54" 008 048 OK
10 12/19 11:19 MIKE KNIGHT EC--S 03'05" 008 048 OK
, 1~2/19 11:237637670530 EC--S 02'13" 008 048 OK
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