HomeMy WebLinkAboutCC June 4, 1996
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CITY of ANDOVER
1685 CROSSTOWN BOULEVARD NW, . ANDOVER. MINNESOTA 55304 . (612) 755-5100
Regular City Council Meeting - June -l, 1996
agenda
Bookmark
Name
Call to Qrder - 7:00 pm
Resident Forum
Agenda Approval
Consent Agenda
Approval of Minutes
minutes
Discussion Items
L:Senior Housing Update
2. Amend Ordinance 8, Section 3.02 & 7.01
3. PUD Ordinance Discussion
4. Special Use PermitlSuperAmerica/13727 Hanson Boulevard NW
5. .Status of Ditch 37 Study/94-20
6. New Development Status Report
7. Approve Plans & Specs/94-33/Commercial Boulevard Extension
senior
ordinanceS
PUD
SUP
ditch37
newdev
ps9-l33
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Reports of Staff. Committees. Commission
8. Cul-de-sac Discussion
9. Status of Well No.5
culdesac
wellnoS
Non-Discussion/Consent Items
10. Variance/14736 Crane Street NW Gunderson
11. Variance/3220 - 138th Avenue NW Holm
12. Variance/14677 Bluebird Street NW Kramasz
13. Approve Summary Ordinance 113/Antenna/Power Ordinance Antennas
14. Release Letter of CreditlPheasant Meadows/Grading grading
15. Accept Petition/Order Feasibility Report/96-12/3554 - 142nd Ave NW/Watermain acptpet
16. Accept Feasibility Report/Waive Hearing/96-12 /3554 - l42nd Ave NW acptfeas
17. Approve Quotes/96-13/Miscellaneous Storm Sewer Maintenance ssmainte
18. Accept Petition/Order Feasibility Report/95-26/Shado\'ibrook shadowbr
19. Revise Position Title from Construction Inspector to Engineering Technician title
20. Change Mechanic to Lead Mechanic mechanic
21. Renew Recycling Contract with Anoka County recycling
22. Personnel Policy Personnel
23. Approve Payment/Bunker Lake Boulevard NW/93-30/Eminent Domain/Right-of-Way row
24. Accept ResignationlDavid Erickson/Park & Recreation Commission resign
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Mavor-Council Input
Payment of Claims
Adjournment
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE June 4,1996
AGENDA SECTION ORIGINATING DEPARTMENT APPROVED
t\O. FOR AGENDA
Approval of Minutes
ITEM
t\O. City Clerk BY:
Approval of Minutes ~ 0-
V. Yolk t .
The City Council is requested to approve the following minutes:
May 21, 1996 Regular Meeting (Kunza absent)
May 21, 1996 EDA Meeting (Kunza absent)
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MOTION BY: SECOND BY:
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
June 4, 1996
DATE
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AGENDA SECTION ORIGINATING DEPARTMENT APPROVED
NJ. Discussion Item FOR AGENDA
ITEM Plwming ~
NJ. BY:
Senior Housing Development
David 1. Carlberg
Update - Bunker Lake Blvd. NW Planning Director
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Scott White of Adolphson and Peterson would like to update the Council on the status of
the senior housing development proposal located on Bunker Lake Boulevard NW (The
Round Barn).
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MOTION BY: SECOND BY:
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
June 4, 1996
DATE
AGENDA SECnON
r-n Discussion Item
ORIGINATING DEPARTMENT
Planning
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APPROVED
FOR AGENDA
ITEM
r-n Amend Ordinance No.8,
Sections 3.02 & 7.01
Related to "Family"
d.
David L. Carlberg
lanning Director
BY:
The City Council is asked to review and approve the attached amendment to
Ordinance No.8, Sections 3.02 and 7.01. Said amendment relates to the defmition
of family and permitted uses in residential neighborhoods or districts.
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The Planning and Zoning Commission held a public hearing on the proposed
amendment on May 14, 1996. The Commission is recommending to the City
Council approval of the amendment. For background information please consult
the staff report and minutes from the May 14, 1996 Planning and Zoning
Commission meeting.
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MOTION BY:
SECOND BY:
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CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO.8
AN ORDINANCE AMENDING ORDINANCE NO.8, KNOWN AS THE
ZONING ORDINANCE OF THE CITY OF ANDOVER.
THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS:
Ordinance No.8, is hereby amended as follows:
Section 3.02 Definitions.
Family:
a. an individual, or Two (2) or more persons people living together related by
blood, marriage, ef-adoption or guardianship. living together, or
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b. A f;l"oap of not more than five (5) persons v:ho need not be related by
blood, marriage or adoption, living together as a single house keeping unit in a
dwelling unit, exclusive of us usa I servants.
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Section 7.01 Permitted Uses
Residential Districts:
For the purpose of definition. Andover City Ordinances relating to residential
areas may include housing for individuals not all related by blood. marriage.
adoption or guardianship. but shall not include hotels. fraternities or other similar
lodging situations.
Residential housing situations shall comply with all Andover Ordinances and
Minnesota Statutes relating to housing such as the Department of Health
regulations and the most current Minnesota Uniform Building Code housing
standards. The number of individuals which may inhabit a structure shall be
limited to the standards set forth in the above regulations. If any of the above
stated legislation and regulations are in conflict. the most strict shall apply.
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Page Two
Ordinance Amendment
June 4, 1996
In an effort to maintain the integrity and character of residential neighborhoods.
the City of Andover sets forth the following standards to which all residential areas
shall adhere:
. Neatly maintained property
. Noise levels. odors. vibration. liquid or solid waste. glare and dust levels which
are not objectionable to adjacent property owners
. Restricted parking and storage of vehicles to preserve scenic views
. Controlled traffic volumes to eliminate congestion
. No use of the property which would have a negative effect on surrounding
property values
) 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 ofthe City of Andover this _ 4th_ day of
_June , 1996.
CITY OF ANDOVER
ATTEST
J.E. McKelvey, Mayor
Victoria V olk, City Clerk
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RegllJar Andover Planning and Zoning Commission Meeting
Minut..O's - Hay 1.1, 1996
, Page 2
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(PubJic Hearing:
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The Ccrnmission also wanted to be su that the height of the flags does
not interfere with visibility. . Carlberg stated Staff will meet with
SuperAmerica representatives d review the plans for the locations of
these items. Staff will drive the county roads to be sure there
are no problems with v' cility.
MOTION by Wells, ~conded by Barry, to forwa=d to the City Coun~il the
request ]:or a ~ ecial Us~ ?e::mit by SuperAmerica with the addition that
Staff pay s _cial attention to the SuperAmerica Man and the height of
the flag Motion carried on a 4-Yes, 3-J..bsent (Luedtke, Peek, Putnam)
vote. his will be 'p'19~ed-On--t::-he--uune--4";-1:99'6,"City Council agenda.
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!:/'). PUBLIC HE~llRING: AME]'TD ORDINANCE NO.8, SECTIONS 3.02 AND 7.01
~ AMENDMENT RELATED TO FA..'!ILY _WI) SINGLE FAMILY USES
7:15 p.m. Mr. Carlberg r~viewed the recommendation made by the Family
Task Force co amend s,:::ctions of Ordinance No. 8 relating to the
definition of "family" a.nd permitted uses :.n .'5. reside:ltial neighbornocd.
After much discussior., the Task Force felt i~ would be better to focus
~cc permitted uses in Lesidential districts rather than try to define
'__J wnat (~Oe8 0= does not constitl.lte a family. The proposed amendment
s:Lmply defines farr.ily as t'.vO or more people living together related by
blood, ma=riage, adoption or guardianship. Then it goes on to list tne
characteristics that are de=;i,rable in a residential neig~borhood. Al1.Y
concer;1 -with ht."I-w man v p=CT)~i.,~ are livinq in a home \oJouJd be r~gulatE:d
based .'jn c;the= reg\.:iatio~s such as se9tic syst.em requirements, room
size, noise, etc.
MOTION by Well s, Seconded by Barry, to open the public
carried on a 4-Yes. 3-.~sent (Luedtke, Peek, Putnam)
There was no p~blic testimony.
hearing. Motion
vote. 7:20 p.m.
MOTXON by Apel, Seconded by Wells, to close the public hearing. Motion
carried on a 4-Yes, 3-&~S8nt {Luedtke, Peek, Putnanl} vote. 7:20 p.m.
The Commission applauded the recommendation of the Task Force, feeling
this will provide a good mechanis~ to deal with problems that may arise.
MOTION by Wells, Seconded by Apel, to forward to the City Cour.cil the
a;neadments of the ordinance as read. Motion carried on a 4 - Yes, 3-
Absent (Luedtke, Peek, Putnam) vote. Mr. Carlberg then read the names
of the members of the Task Force and publicly thanked them for their
effort and dedication ov~r what proved to be a very difficult task.
This item will be placed c,r. the June 4, 199G, City Council agenda. 7:25
""p.m.
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CITY OF ANDOVER
REQUEST FOR PLANNING COMMISSION ACTION
May 14, 199'0--
DATE
AGj>Nfif' iJRM
4. u ,Ii earing: Amend Ordinancf
No.8, Sections 3.02 & 7.01
Amendment related to "Family"
ORIGINATING DEPARTMENT
Planning
David L. Carlberg
Planning Director
APPROVED FOR
AGENDA
BY:
BY'~
The Planning and Zoning Commission is asked to review an amendment to Ordinance
No.8, Sections 3.02 and 7.01. Said amendment to these sections are related to the
defmition of "family" and permitted uses in a residential neighborhood.
The Planning and Zoning Commission is aware of the numerous meetings held by the
"Family" Task Force over the past year relating to the issue of defining what constitutes
a family and what should be allowed in residential neighborhoods. The amendment
before the Commission is the result of the efforts of the task force. The task force should
be commended for their long hours and dedication to the task of dealing with the issue of
family in what proved to be a Ym difficult task.
; The Planning and Zoning Commission is asked to hold a public hearing on the proposed
amendment to Ordinance No.8, the Zoning Ordinance.
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CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
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ORDINANCE NO.8
AN ORDINANCE AMENDING ORDINANCE NO.8, KNOWN AS THE
ZONING ORDINANCE OF THE CITY OF ANDOVER.
THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS:
Ordinance No.8, is hereby amended as follows:
Section 3.02 Definitions.
Family:
a. an indi'/idual, or Two (2) or more persons people living together related by
blood, marriage~ et=-adoption or guardianship.living together, or
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b. .^. group of not more than five (5) persons who need not be related by
blood, marriage or adoption, living toeether as a single house keeping unit in a
dwelling lHlit, exclusive of us usa I servants.
Section 7.01 Permitted Uses
Residential Districts:
For the puqlOse of definition. Andover City Ordinances relating to residential
areas m&)' include housing for individuals not all related by blood. marriage.
adoption or guardianship. but shall not include hotels. fraternities or other similar
lodging situations.
Residential housing situations shall comply with all Andover Ordinances and
Minnesota Statutes relating to housing. such as the Department of Health
regulations and the most current Minnesota Uniform Building Code housing
standards. The number ofindividuals which m&)' inhabit a structure shall be
limited to the standards set forth in the above regulations. Ifany of the above
stated legislation and regulations are in conflict. the most strict shall apply.
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Page Two
Ordinance Amendment
Planning and Zoning Commission
Public Hearing
May 14, 1996
In an effort to maintain the integrity and character of residential neighborhoods.
the City of Andover sets forth the following standards to which all residential areas
shall adhere:
. Neatly maintained property
. Noise levels. odors. vibration. liq.uid or solid waste. glare and dust levels which
are not objectionable to adjacent property owners
. Restricted parking and storage of vehicles to preserve scenic views
. Controlled traffic volumes to eliminate congestion
. No use of the property which would have a negative effect on surrounding
property values
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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 this
1996.
day of
CITY OF ANDOVER
ATTEST
J.E. McKelvey, Mayor
Victoria V olk, City Clerk
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CITY of ANDOVER
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (612) 755-5100
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 May 14,
1996 at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover,
Minnesota to review an amendment to Ordinance No.8, the Zoning Ordinance,
Sections 3.02, and 7.01. Said amendment relates to defmition of "family".
All written and verbal comments will be received at that time and location.
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A copy of the application will be available at the Andover City Hall for review
prior to said meeting.
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Victoria V olk, City Clerk
Publication dates: May 3, 1996
May 10, 1996
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
June 4, 1996
DATE
AGENDA
f\O.
SECTION
Discussion Item
ORIGINATING DEPARTMENT
Planning ~
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David L. Carlberg
Planning Director
APPROVED
FOR AGENDA
ITEM
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Revisit Ordinance No. 112
Planned Unit Developments
Section 4 (9)
..3 . Densitv/StalrinQ ofDevelonments
ev.
II.
The City Council on May 21, 1996, directed staff and legal council to review
Section 4, Subsection 9, Staging of Development and to clarify or devise language
that would prevent abuse of density increases from stage to stage as stated in this
section.
Background - Staging of Development
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On May 7, 1996, the Council changed Section 4(9) on page 5, Staging of
Development. Previously this section stated that whenever a Planned Unit
Development is to be developed in stages, no such stage shall, when averaged with
all previously completed stages, have a residential density that exceeds 125% of
the proposed residential density of the Planned Unit development. The Council
changed or amended this Section from 125% to 100% due to the concern that a
developer could develop the first stage with a 125% density of the entire PUD and
then not develop the rest ofthe plat or even sell the rest of the plat.
Attached please fmd the revisions prepared by staff as requested by the City
Council.
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MOTION BY:
SECOND BY:
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CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO. 112
AN ORDINANCE REGULATING PLANNED UNIT DEVELOPMENTS
(PUDS) IN TIIE CITY OF ANDOVER.
Section I. Purpose. 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. 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 encourage:
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1. Innovations in development to the end that the growing demands for all
styles of
economic expansion may be met by greater variety in type, design, and siting
of structures and by the conservation and more efficient use of land in such
developments;
2. Higher standards of site and building design through the use of trained and
experienced land planners, architects and landscape architects;
3. More convenience in location and design of development and service
facilities;
4. The preservation and enhancement of desirable site characteristics such as
natural topography, geologic features and the prevention of soil erosion;
5. A creative use ofland and related physical development which allows a
phased and orderly transition ofland from rural to urban uses;
6. An efficient use ofland resulting in smaller networks of utilities and streets
thereby lowering the development costs and public investments;
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7. A development pattern in harmony with the Andover Comprehensive Plan.
(PUD is not intended as a means to vary applicable planning and zoning
principles.)
8. A more desirable and creative environment than might be possible through
the strict application of the zoning and subdivision regulations of the City.
Section 2. Definition. Planned Unit Developments (PUDs) shall include all
developments having two (2) or 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.
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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 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. 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 Plan.
3. Sanitary Sewer Plan Consistency: The proposed PUD shall be
consistent with the Andover Comprehensive Sewer Plan when
applicable.
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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 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.
6. Operating and Maintenance Requirements for PUD Common Open
Space/Facilities: Whenever and wherever common open space or
service facilities are provided within a PUD, the PUD shall contain
provisions to assure the continued operation and maintenance of
such open space and service facilities to a pre-determined reasonable
standard. Common open space and service facilities within the ptJD
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.
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b. Landlord control, where only use by tenants is anticipated.
c. 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.
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3. The declaration of covenants, conditions and restrictions
shall provide that an owner's association shall be formed and that
all owners shall be a member of said association which shall
maintain all properties and common areas in good repair and
which shall assess or charge individual property owners
proportionate shares of joint or common costs. This declaration
shall be subject to review and approval by the City Attorney.
The intent of this requirement is to protect the property values of
the individual owners through established private control.
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4. The declaration shall additionally, amongst other things,
provide that in the event the association fails to maintain
properties in accordance with the applicable 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 its prorata share of said expenses. Such
assessments, together with interest thereon and costs of
collection, 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 buyer.
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.
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9. The Association must be able to adjust the assessments to
meet changing needs.
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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.
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 oftime, 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.
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8. Density. The density of a PUD shall conform to the regulations of
the zoning district in which the land and project are located and shall
be based on the net buildable area (exclude wetlands, streets, etc.),
except that density increases of up to five (5%) percent (20%
maximum total) may be allowed for each category listed below at the
discretion of the City Council, as an incentive for the developer to
include the following features hereby determined to be a benefit to
the public.
a. Significant undeveloped common open space.
b. Significant improved common open space.
c. Distinctiveness and excellence in setting design and landscaping.
d. Architectural style and overall appearance and compatibility of
individual buildings to other site elements or to surrounding
development.
9. Staging of Development. Whenever a PUD is to be developed in
stages, the density ofthe stages when totalled shall not exceed the
proposed residential density of the entire PUD. The City may
require a developer to record a restrictive covenant in favor of the
City to insure that all stages or phases will be developed within the
overall density for the entire PUD.
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10. Utilities. All utilities shall conform to the design standards of
Ordinance No.IO, the Subdividing and Platting Ordinance and other
applicable design standards on file with the City. All utilities,
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including, but not limited to, telephone, electricity, gas, and
telecable shall be installed underground.
II. 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 Availability of Public Service. All
development shall be carefully phased 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, the Platting and Subdividing Ordinance, unless
otherwise approved by the City Council.
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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 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, 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 the
public right-of-way and be a minimum of two (2 a.) acres.
2. Yards.
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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.
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b. No building shall be located less than fifteen (I5') feet
from the back of the curb line along those streets which are
part of the private internal street pattern.
c. No building within the project shall be located nearer to
another building than one-half (l/2) the sum of the building
heights ofthe two (2) buildings.
d. No building shall be located nearer than its building height
to the rear and side property lines.
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
public right-of-way and be a minimum of two (2 a.) acres.
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2. Yards.
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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 nearer than its building height
to the rear and side property lines.
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.
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c. Developments abutting a residential district shall be
screened and landscaped in compliance with the Zoning
Ordinance and other applicable regulations.
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c. Mixed Use Planned Unit Developments.
I. 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
public right-of-way and be a minimum of two (2 a.) acres.
2. Yards.
a. The front and side yard restrictions at the periphery of the
POD site shall, at a minimum, be the same as those required
in the zoning district.
b. No building shall be located nearer than its building height
to the rear and side property lines.
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. 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.
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17. Special Protection Districts. Planned Unit Developments involving
land within the Flood Plain, Shoreland Management or Scenic River
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Districts shall be subject to the provisions of those ordinances
regulating said districts.
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 ofthe
provisions of this Ordinance shall be guilty of a misdemeanor, and
upon conviction thereof shall be punished as defined by State Law.
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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 other legal and equitable remedies then
available to the City by this ordinance, or by statute, or by other
ordinances ofthe City, or by applicable rules and regulations, to
enforce this ordinance, including, without limitation, injunction.
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 ofthe City of Andover this 4th day of June ,
1996.
CITY OF ANDOVER
ATTEST
J.E. McKelvey, Mayor
Victoria V olk, City Clerk
9
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION June 4, 1996
DATE
AGENDA SECTION
/'.0. Discussion Item
ORIGINATING DEPARTMENT APPROVED
FOR AGENDA
ITEM
/'.0.
Planning b
-
Special Use Permit
Signage, Banners, Etc.
13727 Hanson Blvd. NW
4 SuperAmerica
David L. Carlberg
Planning Director
BY:
The City Council is asked to review and approve the Special Use Permit request of
SuperAmerica to allow for the placement of banners, flags and similar devices
(inflatable SA Man and the North Star Penguin) associated with "Customer
Appreciation Days" from June 10-16, 1996 on the property located at 13727
Hanson Boulevard NW, legally described on the attached resolution.
/
Background
For background information on the Special Use Permit request, please consult the
staff report and the minutes from the May 14, 1996, Planning and Zoning
Commission meeting.
Planning & Zoning Commission Recommendation
The Planning and Zoning Commission reviewed the Special Use Permit request on
May 14, 1996 and recommends to the City Council approval with the conditions as
listed on the attached resolution.
,
MOTION BY:
SECOND BY:
. /
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. R -96
A RESOLUTION GRANTING THE SPECIAL USE PERMIT REQUEST OF
SUPERAMERICA TO ALLOW FOR THE PLACEMENT OF BANNERS,
FLAGS AND SIMILAR DEVICES (INFLATABLE SA MAN AND THE
NORTH STAR PENGUIN) ASSOCIATED WITH "CUSTOMER
APPRECIATION DAYS" FROM JUNE 10-16, 1996 PURSUANT TO
ORDINANCE NO.8, SECTION 8.07, SIGNS ON THE PROPERTY LOCATED
AT 13727 HANSON BOULEVARD NW (PIN 35-32-24-23-0005).
'\
)
WHEREAS, SuperAmerica has requested a Special Use Permit to allow for the
placement of banners, flags and similar devices (inflatable SA Man and the North
Star Penguin) associated with "Customer Appreciation Day" from June 10-16,
1996 pursuant to Ordinance No.8, Section 8.07, Signs on the property located at
13727 Hanson Boulevard NW, legally described as follows:
That part of the Southwest Quarter of the Northwest Quarter of Section 35,
Township 32, Range 24, Anoka County, Minnesota, lying south of the north
600.00 feet as measured at right angles to the north line and lying west of the east
line thereof, except the west 150.00 feet thereof, also except roads; Subject to
easements of record.
WHEREAS, the Planning and Zoning Commission has reviewed the request and
has determined that said request meets the criteria of Ordinance No.8, Section
5.03, Special Uses. The Commission finds the proposed use will not be
detrimental to the health, safety, morals and general welfare ofthe occupants of
the surrounding lands; and
WHEREAS, the Planning and Zoning Commission finds the request would not
have a detrimental effect on the property values and scenic views ofthe
surrounding area; and
\
)
WHEREAS, a public hearing was held and there was no opposition to the request;
and
'J
Page Two
Resolution
Special Use Permit - Banners, etc.
13727 Round Lake Boulevard NW
SuperAmerica
WHEREAS, the Planning and Zoning Commission recommends to the City
Council approval of the Special Use Permit as requested.
,
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Andover hereby agrees with the recommendation ofthe Planning and Zoning
Commission and approves the Special Use Permit to allow for the placement of
banners, flags and similar devices (inflatable SA Man and the North Star Penguin)
associated with "Customer Appreciation Day" from June 10-16, 1996 pursuant to
Ordinance No.8, Section 8.07, Signs as requested on said property with the
following conditions:
/
1. That the Special Use Permit shall be valid for no more than ten (10)
consecutive days.
2. The banners, flags and similar devices shall be located so as not to create a
hazard to vehicular safety.
Adopted by the City Council of the City of Andover on this _4th_day
of___~ , 1996.
CITY OF ANDOVER
ATTEST
J.E. McKelvey, Mayor
Victoria V olk, City Clerk
\,
)
CITY of ANDOVER
1685 CROSSTOWN BOULEVARD NW. . ANDOVER. MINNESOTA 55304 . (612) 755-5100
PLANNING AND ZONING COMMISSION MEETING - MAY 14, 1996
MINUTES
The Regular Bi-Monthly Meeting of the Andover Planning and Zoning
Commission was called to order by Chairperson Jay Squires on May 14,
1996, 7:00 p.m. at the Andover City Hall, 1685 Crosstown Boulevard NW,
Andover, Minnesota.
Commissioners present:
Commissioners absent:
Also present:
Maynard Apel, Lynnette Barry, Lorna Wells
Jeffrey Luedtke, Randy Peek, Jerry Putnam
City Engineering, Todd Haas
City Planning, Jeff Johnson
City Planning Director, David Carlberg
Others
APPROVAL OF MINUTES
April 23, 1996:
Pg 2, Public Hearing on Rezoning, change "4-1" to
R-1". First paragraph, second to last sentence,
change "R-1" to "R-4".
'MOTION by Wells, Seconded by Barry, to approve the Minutes as amended.
/Motion carried on a 2-Yes, 2-Present (Apel, Squires), 3-Absent (Lu~dtke,
Peek, Putnam) vote.
fi':;;',pUBLIC HEARING: SPECIAL USE PERMIT - SIGNAGE AND BANNERS FOR "CUSTOMER
lJ)/APPRECIATION DAYS" - SUPERAMERICA - 13727 HANSON BOULEVARD NW
7: 05 p. m. Mr. Carlberg reviewed the Special Use Permit request of
SuperAmerica to place banners, flags and similar devices, including an
inflatable SA Man and the North Star Penguin, for their "Customer
Appreciation Days" from June 10 through 16, 1996, at 13727 Hanson
Boulevard NW. He summarized the applicable ordinances and criteria to
be used when reviewing such requests. The Anoka County Highway
Department responded by letter indicating they would not allow any signs
in the county's right of way. The City will inspect the placement of
the items to be sure they are not in the boulevards and that the line of
sight for traffic is not blocked in any way. The items would be place]
10 feet from the boulevards.
MOTION by Wells, Seconded by Apel, to open the public hearing. Motion
carried on a 4-Yes, 3-Absent (Luedtke, Peek, Putnam) vote. 7:12 p.m.
There was no public testimony.
MOTION by Barry, Seconded by Wells, to close the public hearing. Motion
) carried on a 4-Yes, 3-Absent (Luedtke, Peek, Putnam) vote. 7:12 p.m.
The Commission'S main concern was that the placement of these items not
interfere with the line of sight triangles_ It was suggested the
location for the inflatable SA Man may need to be moved further east.
Regular
Minll t,::,~
r:age 2
)
Andover Planning and Zoning Commission Meeting
- Hay I-I, 2996
(
(Public Hearing: Special Use Permit/SuperAmerica, Concin~ed)
The CCr:1mission also '#lanted to be sure that th.~ height. of t.he flags does
nvt interfere with visibility. Mr. Carlberg stated Staff will meet with
SuperArnerica representativ~s and review the plans for the locations of
these items. Staff will also drive t.he county roads to be sure there
are no problems with visibility.
MOTION by Wells, Seconded by Barry, to forwa~d to the City Coun~il the
request ior a Special Us~ ?e~mit by SuperAr.lerica with the addition that
Staff pay special attention to the SuperAmerica Man and the height of
the flags. Motion carried on a 4-Yes, 3-Absent (Luedtke, Peek, Putnam)
vote. This will be placed on the June 4, 1996, City Council agenda.
7:15 p.m.
SECTIONS 3.02 AND 7. 01
Mr. Carlberg r~viewed the recommendation made by the Family
Task Fo e to amend s.;ctions of Ordinanc.:; N.:). 8 :l:'elating to the
di.~finition 'f "family" a.nd permitted uses in .? r~side=ltial neighbor:'1ood.
After mu.ch .'scussior:. the Task Force felt it would be better to focus
?C ?e~rnitted ~es in Lesidential districts rat~er than t.ry to define
wnat Goes O:l:' d s not constitute a family. The proposed amendment
si~ply defines f~ 'ly as two or more peo~le living together related by
blood, marriage, a ution or guardianship. Then it goes on to list the
c:-.aract~:::i.stics that. re de=.:i.rable in a residential neig~borhood. A.."y
cor.cer:l .wii:!'l hc~w ~a:1Y "1-=CI)~i...~ are li'vin'; in a h.orne wou.1d be ~~gtllatE:d
based .~n ~;ther reg-..:.lat i r:s such as se:Jtic system requirements, roan
size, noise, etc.
MOTION by Well s, Second>:d by
carried or: a 4-Yes. 3-Abs~nt
There was no p~blic ~estim~ny.
arry, to open the public hearing. Motion
uedtke, Peek, Putnami vote. 7:20 p.m.
MOTION by Apel, Seconded by Wells, 0 cl05e the public hearing. Motion
carried on a ~-Yes, 3-&Js~~t (Luedtke Peek, Putnanll vote. 7:20 p.m.
The Commission applauded the recommendat'on of the Task Force, feeling
this will provide a good mechan:.s~ to deal . th problems that may arise.
MOTION by Wells, Seconded by Apel, to forward 0 the City Cour.cil the
a~ne::1dments of the ordina.nce 2.S read. Motion c., ried on a 4-Yes, 3-
Absent (Luedtke, Peek, Putnami vote. Mr. Carlberg . en read the names
of t.he members of the Task Force and publicly thank them for their
effort and dedication over w:..at proved to be a very'" fficul t task.
This item will be ola<.;ed e:r. the June ~, 199G, Ci toy Council enda. 7: 25
\ -
JP.m.
l
CITY OF ANDOVER
REQUEST FOR PLANNING COMMISSION ACTION
May 14, 1996
DATE
AGENDA ITEM
3. Public Hearing: Special
Use Permit - Banners, Flags, Et(
13727 Hanson Boulevard NW
ORIGINATING DEPARTMENT
Planning
David L. Carlberg
Planning Director
APPROVED FOR
AGENDA
BY:
-
BY:
l)
'-C
Request
The Planning and Zoning Commission is asked to review the Special Use Permit
request of SuperAmerica to allow for the placement of banners, flags and similar
devices (inflatable SA Man and the North Star Penguin) associated with "Customer
Appreciation Days" from June 10-16, 1996 on the property located at 13727
Hanson Boulevard NW (PIN 35-32-24-23-0005).
Applicable Ordinances
\
)
Ordinance No.8, Section 5.03, regulates the Special Use Permit process.
Ordinance No.8, Section 8.07 (D) (2), lists those signs allowed by Special Use
Permit. The use of search lights, banners and similar devices shall require a
Special Use Permit. The permit shall be valid for no more than ten (10)
consecutive days. No more than three permits shall be granted during any calendar
year.
In reviewing a Special Use Permit request for any sign, certain criteria shall be
used. The criteria of most concern are:
1. No sign shall be permitted that constitutes a hazard to vehicular safety.
2. No sign shall be permitted that may tend to depreciate nearby property values,
be a detriment to scenic or pleasant views, or otherwise mar the landscape.
Ordinance No.8, Section 5.03, Special Uses, also establishes criteria in reviewing
Special Use Permit applications. These criteria include:
\
/
the effect of the proposed use upon the health, safety, morals and general
welfare of the occupants of surrounding land,
\
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Page Two
Special Use Permit - Banners, etc.
"Customer Appreciation Days" SuperAmerica
Planning and Zoning Commission Meeting
May 14, 1996
the existing and anticipated traffic conditions including parking facilities on
adjacent streets and land,
the effect on values of property and scenic views in the surrounding area, and
the effect of the proposed use on the Comprehensive Plan.
General Review
'\
/ The Anoka County Highway Department has responded to the mailing of the
public hearing notice. The county will not allow signs in the right-of-way of
county roads and is concerned with signs interfering with the sight distances along
county highways. No signs are being requested to be placed in the right-of-way
and the sight issue will be reviewed by the Planning Department.
Commission Options
A. The Andover Planning and Zoning Commission may recommend to the City
Council approval of the Special Use Permit requested by SuperAmerica to allow
the placement of banners, flags and similar devices (inflatable SA Man and the
North Star Penguin) associated with "Customer Appreciation Days" from June
10-16, 1996 on the property located at 13727 Hanson Boulevard NW (PIN 35-
32-24-23-0005).
\
)
J
Page Three
Special Use Permit - Banners, etc.
"Customer Appreciation Days" SuperAmerica
Planning and Zoning Commission Meeting
May 14, 1996
The Commission 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 congestions or hazards; the use will not depreciate the surrounding
property; and the use is in harmony with the Comprehensive Plan.
The Commission also finds the request meets the criteria of Ordinance No.8,
Section 8.07, Signs.
B. The Andover Planning and Zoning Commission may recommend to the City
Council denial of the Special Use Permit requested by SuperAmerica to allow
the placement of banners, flags and similar devices (inflatable SA Man and the
, North Star Penguin) associated with "Customer Appreciation Days" from June
./ 10-16, 1996 on the property located at 13727 Hanson Boulevard NW (PIN 35-
32-24-23-0005).
The Planning and Zoning Commission finds the proposal does not meet the
requirements of Ordinance No.8, Sections 5.03 and 8.07. 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.
"-
/
..J
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. R -96
A RESOLUTION GRANTING THE SPECIAL USE PERMIT REQUEST OF
SUPERAMERICA TO ALLOW FOR THE PLACEMENT OF BANNERS,
FLAGS AND SIMILAR DEVICES (INFLATABLE SA MAN AND THE
NORTH STAR PENGUIN) ASSOCIATED WITH "CUSTOMER
APPRECIATION DAYS" FROM JUNE 10-16, 1996 PURSUANT TO
ORDINANCE NO.8, SECTION 8.07, SIGNS ON THE PROPERTY LOCATED
AT 13727 HANSON BOULEVARD NW (PIN 35-32-24-23-0005).
WHEREAS, SuperAmerica has requested a Special Use Permit to allow for the
placement of banners, flags and similar devices (inflatable SA Man and the North
Star Penguin) associated with "Customer Appreciation Day" from June 10-16,
1996 pursuant to Ordinance No.8, Section 8.07, Signs on the property located at
. j 13727 Hanson Boulevard NW, legally described as follows:
That part of the Southwest Quarter of the Northwest Quarter of Section 35,
Township 32, Range 24, Anoka County, Minnesota, lying south of the north
600.00 feet as measured at right angles to the north line and lying west of the east
line thereof, except the west 150.00 feet thereof, also except roads; Subject to
easements of record.
WHEREAS, the Planning and Zoning Commission has reviewed the request and
has determined that said request meets the criteria of Ordinance No.8, Section
5.03, Special Uses. The Commission 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 Planning and Zoning Commission finds the request would not
have a detrimental effect on the property values and scenic views of the
surrounding area; and
WHEREAS, a public hearing was held and there was no opposition to the request;
\ and
i
/
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Page Two
Resolution
Special Use Permit - Banners, etc.
13727 Round Lake Boulevard NW
SuperAmerica
WHEREAS, the Planning and Zoning Commission recommends to the City
Council approval of the Special Use Permit 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 to allow for the placement of
banners, flags and similar devices (inflatable SA Man and the North Star Penguin)
associated with "Customer Appreciation Day" from June 10-16, 1996 pursuant to
Ordinance No.8, Section 8.07, Signs as requested on said property with the
following conditions:
, i
1. That the Special Use Permit shall be valid for no more than ten (10)
consecutive days.
2. The banners, flags and similar devices shall be located so as not to create a
hazard to vehicular safety.
Adopted by the City Council of the City of Andover on this
,1996.
day of _ _
CITY OF ANDOVER
ATTEST
J.E. McKelvey, Mayor
Victoria V olk, City Clerk
)
Ordinance No.8. Sec:ion
\
/
Advertising sijn area on vacant lots shall
not exceed four (4 s.f.) square feet per
foot of lot frontage;
Height: No sign more than twenty-five (25') feet
above grade;
Projection: Sign may project only two (2') feet into
required yard area;
Illumination: Illuminated signs permitted.
(0) General provisions
(1) The following signs may not be erected within the
City:
a. No sign may be erected that by reason of
position, shape, movement or color, interferes with
the proper functioning of a traffic sign, signal or
which otherwise constitutes a traffic hazard.
\
J
b. There shall be no flashing sign or revolving
sign in the front setback area within one hundred
twenty-five (125') feet of a street intersection
(as measured from intersecting right-of-way lines)
or within one hundred twenty-five (125') feet of a
residential district, except where lighting for
such sign is indirect or diffused and in no way
constitutes a traffic hazard.
~~
c. Signs shall not be painted directly on the
outside wall of a building, fence, tree, stone, or
other similar objects in any district.
d. Signs may not be permitted within the public
right-of-way or easements except as authorized by
the governing body under Subsection 2, b, 3 of this
Section.
e. No sign will be permitted that provides refuge
from police surveillance, tends to accumulate
debris as a fire hazard, or is a hazard to the
public health, safety, convenience, or general
welfare.
f. No sign shall use red. yellow. or green lights
that by position or color in any other manner tend
to cause confusion in t~e prc~er reading of traffic
signs or signals.
(2) Signs Allowed by Speci~l Use Permit
\
I
The following signs shall b~ ~llowed by Special Use
Permit only:
a. Marquees of any type, with or without signs.
\
,
Page 66
Ordinance No.8, Section
\
_/
~
J
b. Signs on benches (not in City Parks),
newsstands, cabstand signs, bus stop shelters and
similar places.
(
c. Decorations, banners, and other temporary signs
advertising a bazaar, special sale, sporting event
or other similar situation, may be permitted within
the public right-of-way provided a Special Use
Permit is granted for a specified time not to
exceed fifteen (15) days.
d. The use of search lights, banners and similar
devices shall require a permit. The permit shall
be valid for no more than ten (10) consecutive
days. No more than three (3) permits shall be
granted during any calendar year.
e. A real estate sign for a residential project of
five (5 a.) acres or more may be allowed provided:
1. Sign area is not over two hundred (200
s.f.) square feet in area;
2. The sign is located at least one hundred
thirty (130') feet from any residential
structure;
3. An agreement is made to remove the sign
within two (2) years unless an extension of
time is granted by the governing body; after
approval of a Special Use Permit has been
granted.
f. Real estate signs over thirty-two (32 s.f.)
square feet per lot frontage and exceeding other
sign area limits in Business and Industrial areas
shall require a special use permit.
g. Advertising signs in the General Business and
Industrial Districts.
(
h. Area identification signs may be allowed
provided:
1. The area for development is larger than
five (5 a.) acres;
2. One (1) sian D:r de"eloDme~t is
allowed bv Soecial ~se permlt. Add:tional
signs shail be reviewed by the Andover Review
Committee (ARC) and the Planning & zoning
Commission and apFr~~ed by the City Council.
(8XXX, 8-04-92)
3. The maximum square footage of the sign is
thirty-two (32 s.t.) square feet in area; ~
4. The sign is located ten (10') feet from any
property line.
Page 67
os.' OJ .'96 09: 22 FA.'{ 612 7.H 3S32
A.'101L\ CO HWY DPT
14I 0011001
COUNTY OF ANOKA
Public Servioes Divillion
HIGHWAY DEPARTMENT
1440 BUNKER LAKE BLVD NW, ANDOVER. MINNESOTA 55304
(612) 754-35~m FAX (612) 754-3532
Rt>vw-
TralTlc EngInMMg CoonIInIIlar
FAX COVER SHEET
DATE - Tuesday, May 7,1996
Number of pages including this cover sheet I
FROM:
Roger Butler. Anoka County Higbway Dcpartment
'.
TO:
City of Andover, l'lanning and Zoning Commission
/
RE: Special Use Permit request or Super America
Thank you for the opportunity to comment on the Special Usc Penn it request by
Super America in the City of Andover. Anolta County will not allow any signs or
bannen to be placed within County Right-of.Way. Signs and/or bannen placed
beyond County Rigbt-of.Way must not intenere with availAble sight distance along
county highways.
- 'I
'-j
Poet-It'. brand fax lrat\smittal memo 767'1 I' 01 ~ ·
TIt ANDollcr- Plz. F...mJ<'c~~ Bu7LE.12..
CD. Co. ACHD
Dept. PhDno'7S~'.3S"~O
F.. . 75"5-892.3 Fad 7~<I-3~"lL
Affirmathle Action I Equal Opportunity Employer
)(5)
1'((7
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CITY of ANDOVER
property Address
1685 CROSSTOWN BOULEVARD N.W. · ANDOVER, MINNESOTA 55304 . (612) 755-5100
SPECIAL USE PERMIT
/-f/?? 7' ~~f~ ~d.
,
~~C""'L
Legal Description of Property:
(Fill in whichever is appropriate):
Lot
Block
Addi tion
W PIN3r;:-7;;J-;;4--;1?) 'O()uS-
(If metes and bounds, attach
the complete legal
description. )
Is the p~=per~y: ~bs~=a~t v. To~rens ? (This
information must be provided and can be obtained from the
County. )
;::::iJ::-;:~::~--?;;;;r~;;;;;;;;:;~-~i7-------
~ _77R~. a~ ~~ /Cd ~__;#
"
/
Section of Ordinance ~()3J?()7 Current Zoning ~~'M0
I
-----------------------------------------------------------------
Signature
QP-'" ---
Name of Applicant,
Address
Home phone
t!M-/C- ~~
Business Phone ~7-ZS.sU
Date 2-2/-..P6
Property Owner (Fee Owner)
(If different from above)
Address
"\
/
Home Phone
Business Phone
Signature
Date
-----------------------------------------------------------------
tf..LLCI h ~:.J :;13 I ,if 74
SPECIAL USE PERMIT
PAGE 2
"
/
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: scale and north arrow; dimensions of the
property and structures; front, side and rear yard
building setbacks; adjacent streets; and location and use
of existing structures within 100 feet.
@)2.
The names and addresses of all property owners within 350
feet of the subject property.
Application Fees:
Commercial
Residential
Amended Stk'
Recording Fee
Abstract property $25.00
Torrens property $34.50
$190.00
$150.00
$50.00
Date Paid
>~
~/;71 1ft; Receipt it
~ oS lS 1
+-3v.5g~
,
,
;
Rev. 5-06-93:d'A
5-04-94:bh
2-0l-95:bh
3-22-95:bh
Res. 179-91 (11-05-91)
CRITERIA FOR GRANTING SPECIAL USE PERMITS
In granting a Special Use Permit, the City Council shall consider
the advice and recommendation of the Planning and Zoning
Commission and:
1. 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.
, )
I' EsrArES
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CITY of ANDOVER
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304 . (612) 755-5100
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF WNNESOTA
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, May 14,
1996 at the Andover City Hall, 1685 Crosstown Boulevard NW. Andover,
Minnesota to review the Special Use Permit request of SuperAmerica to use
banners and similar devices associated with "Customer Appreciation Days"
pursuant to Ordinance No.8, Section 8.07, Signs.
All written and verbal comments will be received at that time and location.
, /
A copy of the application will be available at the Andover City Hall for review
prior to said meeting.
(L,7'~..J tf~
Victoria V olk, City Clerk
Publication dates: May 3, 1996
May 10, 1996
,
)
PIN: 353224230045 PIN: 353224230040
/ Hills, Inc. Mason Bradley E & Julie A
2619 Coon Rapids Blvd., #101 1438 l38th Ave. NW
Coon Rapids, MN 55433 Andover, MN 55304
PIN: 353224230038 PIN: 353224230036
Deden Stanley N & Joanne G Whiteman Guy A & Kelly B
1460 13 8th Ave. NW 13802 Drake St. NW
Andover, MN 55304 Andover, MN 55304
PIN: 353224230034 PIN: 353224230031
Kobany Ruth A Levendoski Gregory A & Mary E
13826 Drake St. NW 1522 138th Lane NW
Andover, MN 55304 Andover, MN 55304
PTIN: 353224230025 PTIN: 353224230005
Klauer Thomas D & Schultz M K SuperAmerica Group Inc.
1447 138th Ave. NW 3499 Daney Drive
Andover, MN 55304 Lexington, KY 40512
PTIN: 343224140003 PTIN: 353224320001
\ United Power Association Anoka County Of
J Elk River, MN 55330 2100 3rd Avenue
Anoka, MN 55303
PTIN: 353224230041 PTIN: 353224230039
Pitts George A & Kathleen A Martinson Curtis A & Lynne C
1430 138th Ave. NW 1448 138th Ave. NW
Andover, MN 55304 Andover, MN 55304
PTIN: 353224230037 PTIN: 353224230035
Chad David R & Diane P Miller Van J & Tori J
1470 138th Ave. NW 13814 Drake St. NW
Andover, MN 55304 Andover, MN 55304
PTIN: 353224230032 PTIN: 353224230030
Keller George W & Diane L Hills Inc.
1508 138th Lane NW 2619 Coon Rapids Blvd., #101
Andover, MN 55304 Coon Rapids, MN 55433
PTIN: 353224230024 PTIN: 343224410004
Fischer Wayne R & Terry L Murphy Oil USA Inc.
\ 1459 138th Ave. NW 200 Peach St., P.O. Box 7000
\.j Andover, MN 55304 Eldorado, AR 71730
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PIN: 343224140002
United Power Association
1657 Bunker Lake Blvd. NW
Andover, MN 55304
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
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DATE:
June 4. 1996
AGENDA SECTION
Discussion Item
ORIGINATING DEPARTMENT
Scott ~rick~on,~t
Engineering
ITEM NO.
Status of Ditch 37 Study/94-20
s:
The areas draining to county ditch 37 are subject to potential development once the MUSA
extension is approved. The City Council has contracted with the engineering firm of TKDA to
perform a drainage study for this area. The intent of the study was to determine the regional
ponding needs for this area.
TKDA previously completed the drainage calculations for this area. The preliminary
information was discussed with and forwarded to the DNR and the Coon Creek Watershed
District as the large wetlands in the area were proposed to be utilized for the storm water
ponding. The wetlands are under the jurisdiction of the Corp of Engineers, DNR and the Coon
Creek Watershed District. Based upon the preliminary discussions it was indicated by the
/ Coon Creek Watershed District that the wetlands in question are of very "high value" and the
vegetation existing within the wetlands would not be able to tolerate the additional storm water
bounce which would occur if they were to be utilized for storm water detention. This response
resulted in the following questions:
1. If the larger wetlands are not used for regional ponding it will be necessary to obtain and
utilize existing "high ground" for the regional detention ponds. Is this the direction the Council
wishes to explore?
2. Is regional detention and a trunk storm water system the direction the council wishes to
pursue for this area or should each development pond its own storm water prior to discharge
to the ditch?
At this point in the study we are looking for Council direction on whether or not this study
should pursue regional storm water detention and trunk storm sewer construction for this area.
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
/
DATE:
June 4, 1996
AGENDA SECTION
Discussion Item
ORIGINATING DEPARTMENT
Scott ~rick~on, h P
Englneenng qJl..-
ITEM NO.
New Development Status Report
~.
This report is a informational item provided to recap for the City Council the status of new
development activity within the city. This list does not include the developments completed
last year with streets and utilities. (See location map included with List for Council.)
URBAN DEVELOPMENTS (City Water & Sewer)
1. Weybridge 3rd Addition - This is a 52 lot urban subdivision. The City has hired a
contractor who is currently installing the utilities and streets for this development. This project
is expected to be completed around the middle of July, 1996.
"
) 2. Crown Pointe - This project has received preliminary plat approval. The plans and
specifications are currently being prepared for this development. The developer has indicated
the intent to have utilities and streets installed for this development yet this year. There are
49 lots in this development.
3. Shadowbrook Phase I - The project has received contingent preliminary plat approval
recently from the City Council. The developers have requested a feasibility report and have
indicated the intent to have utilities and streets installed for at least a portion of this
development this year, assuming all permits, MUSA and approvals are obtained. The first
phase of the development includes 175 lots.
4. Timber Oaks Estates (Fuller Property) - A sketch plan was previously reviewed by the City
Council for this property. Proposed are 25 urban lots.
RURAL DEVELOPMENTS (Septic Systems & Wells)
5. Woodland Meadows II - The developer is currently finishing up minor clean up items for
the development. The development consists of 17-2.5 acre lots.
6. Timber Meadows III - The developer is currently finishing up minor clean up items for the
development. The development consists of 14-2.5 acre lots.
7. Wittington Ridge - This development is generally complete. A short section of roadway will
be repaired by the developer. The development consists of 21-2.5 acre lots.
8. Rolling Meadows Estates - The preliminary plat has been approved by the City Council.
The developers will begin grading and street construction very shortly. The development
consists of 13-2.5 acre lots.
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9. Nightingale Preserve - The City Council recently reviewed the sketch plan for this
development. If the preliminary plat is processed this development may be constructed this
year. The development consists of 11 lots.
10. Meadowlark Heights - The preliminary plat has been approved by the City Council. The
developer will begin site grading and street construction very shortly. The development
consists of 16-2.5 acre lots.
11. Indian Meadows 4th Addition - This phase of the Indian Meadows Development
previously had sketch plan review and is being prepared by the developers for preliminary
plat submittal. The developers have indicated they may begin construction on this plat this
summer if all permits and approvals are obtained. The development consists of 29-2.5 acre
lots.
12. Hunter's Hollow - The City Council previously reviewed a sketch plan for this
development. The developer is currently preparing the preliminary plat. It has been indicated
by the developer that construction may begin this summer if all of the permits and approvals
are obtained. This development consists of 22-2.5 acre lots.
\ 13. Nightingale Ridge - The preliminary plat has been approved by the City Council. The site
,) grading and street construction is currently in progress. This development consists of 7-2.5
acre lots.
14. Timber River Estates - The City Council reviewed the sketch plan for this subdivision at
the previous Council meeting. This development is proposed as a PUD and may have 2: 80
lots.
COMMERCIAL SITE PLANS REVIEWED
A. G-Wills Liquor Store
B. Ultimate Cabinetry
C. Tutor Time Day Care (Preliminary)
D. Andover Industrial Park (City Project)
E. Presbyterian Homes/A & P Senior Housing Proposal/Sketch Plan
F. Andover Middle School
G. Andover Elementary School Addition
H. Prairie Oak Community Church (Hanson/County Road 20)
All of these projects are typically reviewed numerous times by all City departments and other
agencies to insure compliance with current ordinances and requirements.
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
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DATE:
June 4, 1996
AGENDA SECTION
Discussion Item
ORIGINATING DEPARTMENT
Scott ~rick~on,~ \..
Englneenng
ITEM NO.
Approve Plans & Specs/94-33/Commercial
Boulevard Extension
'1.
The City Council is requested to approve the resolution approving plans and specifications
and ordering the advertisement for bids for Project 94-33, Commercial Boulevard Extension
for grading, streets, sanitary sewer, watermain and storm sewer construction.
Specifications are available in the Engineering Department for review.
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This phase of the redevelopment project consists of the following:
1. Extension of Commercial Boulevard and utility installation from the existing dead end to
Thrush Street NW.
2. Grading of all City owned properties.
3. Site clean up and building/foundation (includes removal of septic systems and capping of
wells) removal of all City owned lots.
4. Landscaping of Commercial Boulevard boulevards.
There has not been a sidewalk included with this work. If the City Council would like to have a
sidewalk included, that should be indicated at the meeting.
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CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
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MOTION by Councilmember
to adopt the following:
A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND
ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 94-33
COMMERCIAL BOULEVARD EXTENSION FOR GRADING.
SANITARY SEWER. WATERMAIN STORM SEWER AND STREET
CONSTRUCTION.
WHEREAS, pursuant to Resolution No. 167-95 adopted by the City
Council on the 5th day of August, 19 95 , TKDA has prepared final
plans and specifications for Project 94-33 for grading. sanitary sewer.
watermain. storm sewer and street construction; and
WHEREAS, such final plans and specifications were presented to the City
Council for their review on the 4th day of June , 19~.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Andover to hereby approve the Final Plans and Specifications.
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BE IT FURTHER RESOLVED by the City Council of the City of Andover to
hereby direct the City Clerk to seek public bids as required by law, with such bids
to be opened at 10:00 AM . July 10 , 19 96 at the Andover City Hall.
MOTION seconded by Councilmember and adopted by the
City Council at a regular meeting this ..A1h.- day of June , 19 96 , 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
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Victoria Volk - City Clerk
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
, /
DATE: June 4, 1996
AGENDA SECTION ORIGINATING DEPARTMENT
Reports of Staff, Committees, Commissions Scott EricksonJ[
Engineering 'I.p
ITEM NO.
Cul-de-sac Discussion
g.
The City Council is requested to discuss the section of Ordinance No. 10 (Section 9.03G,
Streets/Cul-de-sacs). The current ordinance establishes the minimum cul-de-sac length at
500 ft. This length was established to minimize potential health, safety, and welfare problems
which could occur if long cul-de-sacs were allowed. Primarily this would be in the event that a
street was blocked or access was not attainable during some form of disaster or catastrophe.
The maximum length of 500 ft. has been established and supported from both the police and
fire departments.
As the Council is aware, there are numerous plats which have temporary cul-de-sacs
constructed. As the adjacent areas develop the cul-de-sacs are removed and the streets
connected to provide a second access to the developments. As these streets are connected,
\, which will happen more often as infilling occurs, the individuals living on the temporary cul-de-
/ sacs may not support the street extensions. It is important to consider the long range
implications of not making the connections as the opportunities arise. Once permanent cul-
de-sacs are established or neighborhood streets are not connected the ability to make these
connections will become increasingly difficult or impossible. Also, many of the older
subdivisions may not have a second access directly available as it was not previously
required. These situations may required purchase of right-of-way or other creative solutions
to provide them the level of safety the City has established.
In order to provide direction on future plats and plats currently in the review process the
following questions have arisen:
1. Is the current ordinance regarding maximum cul-de-sac lengths to remain as is?
2. Should the maximum cul-de-sac length be revised?
3. Should alternative access options be investigated when second access locations are
restricted or difficult to achieve?
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Examples:
1. Provide a gated emergency access at locations were through traffic is not desired?
2. Provide a reduced width access for emergency purposes only? (Similar to Crown
Pointe)
3. Other?
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E. street Jogs. street jogs in minor
shall have a centerline offset of not
fifty (150') feet. street jogs shall be
streets.
and service streets
less than one hundred
avoided in all other
F. Minor streets. Minor streets shall be so aligned that
their use by through traffic will be discouraged.
G. Cul-de-sacs. The maximum len th of cul-de-sac street
shall be five undred (500') feet measurpd nlonq the
~enterline from the intersec~ion to thp ~pntpr of thp rl11-~p
sac area. Each cul-de-sac shall have a terminus of nearly
circular shape with a minimum right-of-way diameter of one
hundred twenty (120.0') feet and a minimum roadway diameter of
ninety-three (93.0') feet in the Urban Service Area and the
Rural Service Area. Temporary cul-de-sacs shall be required
in all new subdivisions to make provision for the continuation
of future streets for adjoining areas when the length of the
street exceeds two hundred ten (210.0') feet from the
centerline of the intersecting streets. Each temporary cul-
de-sac shall be required to have a minimum roadway diameter of
eighty (80.0') feet. Adjacent property owners/developers
benefitting from the street continuation shall be responsible
for the removal of the temporary cul-de-sacs and shall be
required to replace the street in accordance with current City
requirements and standards. The property line at the
intersection of the turn around and the straight portion of
the street shall be rounded at a radius of not less than
twenty (20.0') feet. (lOL, 1-17-89; lOS, 11-19-91; lOT, 2-04-
92)
H. Service streets. In those instances where a subdivision
abuts or contains an existing or planned thoroughfare or a
railroad right-of-way, the planning Commission may require a
service street approximately parallel to and on each side of
such right-of-way in order to provide protection to
residential properties and to provide separation of through
and local traffic. Such service .streets shall be located at a
suitable distance from the thoroughfare or railroad right-of-
way in order to provide for park use of the intervening land
in residential districts, or to provide for commercial or
industrial use of the intervening land in commercial or
industrial districts. The requirements of approach grades and
future grade separations shall be considered in establishing
the separation distance between said service streets and the
thoroughfare or railroad right-of-way.
prohibited except
of an existing
I. Half streets. Half streets shall be
where necessary to complete the right-of-way
half street. (lOA, 9-10-74)
J. Reserve Strips. Reserve strips controliing access to
streets are prohibited.
K. private streets. private streets shall not be approved.
All proposed streets shown on the plat shall be offered for
dedication as public streets.
Page 12
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
I
DATE:
June 4. 1996
AGENDA SECTION
Reports of Staff, Committees, Commissions
ORIGINATING DEPARTMENT
Scott Erickson'~L
Engineering
ITEM NO.
Status of Well NO.5
9.
Municipal Well House #5 was completed on May 31, 1996. There are a few punch list items
that remain to be completed. The water department will be monitoring how well the well is
augmenting the City water supply. An update will be provided at the Council meeting.
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Last fall the City Council authorized a feasibility report to be prepared for City Well #6. We will
be proceeding with evaluating the well location upon completion of the comprehensive water
plan update. Maier Stewart and Associates has completed the computer modeling of the city
water system and will be submitting their report shortly. The potential locations for well #6 will
be evaluated with the assistance of the computer model. The final location will depend on
available sites and the geology of the areas. The comprehensive water plan report will be
presented to the council as soon as it is completed.
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
June 4, 1996
DATE
AGENDA
tn
SECTION
ORIGINATING DEPARTMENT APPROVED
FOR AGENDA
ITEM
tn
Planning
.~
BY:
Non-Discussion Item
Variance - Sideyard Setback
14736 Crane Street NW
A:1 . Craig & Kara Gunderson
David L. Carlberg
Planning Director
The City Council is asked to review the variance request of Craig and Kara
Gund,erson to allow for the construction and placement of a deck encroaching ten
(10') feet into the required thirty-five (35') foot sideyard setback from a street on
the property located at 14736 Crane Street NW, legally described as Lot 14, Block
5, Oak Bluff Second Addition.
J Background
F or background information on the request, please consult the attached staff report
and minutes from the May 14, 1996, Planning and Zoning Commission meeting.
Planning and Zoning Commission Recommendation
The Planning and Zoning Commission recommends to the City Council approval
of the variance request. Attached is a resolution for Council approval.
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MOTION BY:
SECOND BY:
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CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
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RESOLUTION NO.
A RESOLUTION GRANTING THE VARIANCE REQUEST OF CRAIG AND KARA
GUNDERSON TO ORDINANCE NO.8, SECTION 6.02 WHICH REQUIRES A
THIRTY-FIVE (35) FOOT SIDEYARD SETBACK FROM THE STREET TO ALLOW
FOR THE PLACEMENT OF A DECK ENCROACHING TEN (10) FEET INTO THE
REQUIRED SIDEY ARD SETBACK FROM THE STREET ON THE PROPERTY
LOCATED AT 14736 CRANE STREETNW, LEGALLY DESCRIBED AS LOT 14,
BLOCK 5, OAK BLUFF SECOND ADDITION.
WHEREAS, Craig and Kara Gunderson requested a variance to Ordinance No.8,
Section 6.02 which requires a thirty-five (35) foot sideyard setback from the street to
allow for the placement of a deck support structure encroaching ten (10) feet into the
required sideyard setback from the street on the property legally described as Lot 14,
Block 5, Oak Bluff Second Addition; and
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WHEREAS, the Planning and Zoning Commission has reviewed the request and
has determined that the said request meets the criteria of Ordinance No.8, Section 5.04 in
that a hardship exists due to the difficulties which would preclude the property owner
reasonable use of the property; and
WHEREAS, the Planning and Zoning Commission recommends to the City
Council approval of the variance request as it meets the criteria of Ordinance No.8,
Section 5.04.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Andover hereby agrees with the recommendation of the Planning and Zoning
Commission and hereby approves the variance requested by Craig and Kara Gunderson to
allow for the placement of a deck support structure encroaching ten (10) feet into the
required sideyard setback from the street on the property legally described as Lot 14,
Block 5, Oak Bluff Second Addition.
Adopted by the City Council of the City of Andover this _~_ day of _~ 1922.
CITY OF ANDOVER
Attest:
J.E. McKelvey - Mayor
, /
Victoria V olk - City Clerk
Rec;ula.r
Minutes
Page .3
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-..1./ VARIilNCE
1" STREET -
Ando\'2r Planning and Zoning Commission Meeting
- Ma. y 1';, 1 996
- CONSTRrJCT PECK ENCROACHING IN'I'O 7'HE SIDE YARD SETBACK FROM
14736 CRANE STREET M'! - CRAIG AND KARA GUNDERSON
Mr. Johnson reviewed the request of Craig and Kara Gunderson to
ccnstruct a deck encroaching 10 feet into the 35-foot side yard setback
frc.m the st:re~t at 14735 Cl.a.ne Street NW, Lot 14, Block 5, Oak Bluff
Secend Addition. He p<::in~ed out th~ applicable ordinances and noted the
deck cannot be constructed in the rear y~rd because two ground level
w~ndows are present. Mr. Carlberg also noted the ordinance was changed
in 1992 t_o r~quire an additj.onal S-foot setback when the house plan::
show a future deck. ':11i8 house was built crior to that ordinance
change. He assumed th~ deck was not submitted at the time the house was
:::onstructed.
Commissioner Apel noted corner lots have an extra lO-foot easement on
the side yard anyway. In this case, the line from the corner of ti!e lot
to the corner of the house indicates a line of sight to nearly the end
of the lot. So there wculd be no sight line problems with const::'.lcting
the deck ~s proposed. Variances have been g::anted in the past for
similar situations.
C::aig c..ld Xar" Gl.!:1C€":i:"s.:)n expl~d.ned the acc<:ss to t:.h.~ deck will be from
the si~e ot the hees€: ~~ere ~hE dec~ is prcpo8~d to go in. The deck
'''"-11 b.= at gr0und lev-=l wi th one 3tep. There is fencing ar.eund the
__2n~ire back yard, so t~e deck would be within that. fencing.
MOTIml 'oy Apr;:l, Secor.ded by Ban; '.I, that the Planning and Zoning
Carr.mission recoffi!7lends fen.arding to the City Council for approvC'.l the
varianc.: requ.o:st .:Jf Craig and Kara Gur:G.-:!rs.::n. ::or a '..rarianc<= from
Or:iinarlCE: No. H. S'~':'::"cn ,S. 02 of che 35- foot; s~c::e yard setback, a
'/aria:1c,:,; of 10 feet. :i!0tion carried on a 4-Yes, 3-Absent (L'..ledtke,
Peek. Putnam) \"0::':. T~is '.'iill be plac~d :m th-:! June 4, 1996, CitJ'
Coun,::i.l agenda.
C01TSTRUCT DECK E1IC~?JACHING INTo-'rHE RJ:iAl( .tARD Sl!:TBAClC
KARL .UID TER1'ULEA HOLM
J22Q -
Mr. Johnson rev ed the request of Karl and Terrilea Holm to construct
a deck encroaching feet into the required 30-feot rear yard setback
at :;2~O 133th Avenue ~i, . t 5, Block 8, Woodland Creek First 1>.ddition.
7ne property abuts commerc~" roperty. Mr. Carlberg explained in the
R-4 district, a 35-foot iron: and a 30-foot rear yard setback is
required. The huilding W~5 placea the rear of the lot as far as
possible and was built prior to Septernbe 5, 1992, when the ordinance
was appruved which required an additional 5- t setback if there are
plans to accommodate a dec;<; in the future. He Iso explained the
commercial zone is an o'lerlying district in the Planne it Development
..,i Woodlanc Creek for res idential and neighborhood business velopment.
\ jhe applicant is aware that the abutting property is co m~rcial
property.
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CITY' OF ANDOVER
REQUEST FOR PLANNING COMMISSION ACTION
May 14, 1996
DATE
AGENDA5.I~ance _ Sideyard Setback
from Street - 14736 Crane St.
NW - Craig & Kara Gunderson
ORIGINATING DEPARTMENT
Planning 0(7
Jeff Johnson '1
APPROVED FOR
AGENDA
BY:
BV'~
REOUEST
The Andover Planning and Zoning Commission is asked to review the request of Craig
and Kara Gunderson to allow for the construction and placement of a deck encroaching
into the required thirty-five (35) foot sideyard setback from the street on the property
located at 14736 Crane Street NW, legally described as Lot 14, Block 5, Oak Bluff
Second Addition.
The property is zoned R-4, Single-Family Urban.
APPLICABLE ORDINANCES
Ordinance No.8, Section 6.02, establishes the minimum lot requirements for an R-4,
Single Family Urban residential zoned lot. Section 6.02 requires a thirty-five (35) foot
sideyard setback from the street unless the lots are back to back (lots back to back require
a twenty-five (25) foot minimum sideyard setback from the street).
Ordinance No.8, Section 5.04, establishes the variance procedure and 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.
BACKGROUND AND REVIEW
I The applicant is requesting a variance to construct a deck encroaching withmten (10) feet
Il'\.~the sideyard setback from the street. The applicant cannot construct a deck in the rear
yard due to the fact that two ground level windows are present. Please consult the
attached application from the applicant for further details.
Page 2
j Variance - Sideyard Setback from Street
Craig and Kara Gunderson
May 14, 1996
COMMISSION OPTIONS
A. The Andover Planning and Zoning Commission may recommend to the City
Council approval of the variance requested by Craig and Kara Gunderson to allow
for the construction and placement of a deck encroaching ten (10) feet into the
required sideyard setback from the street on the property located at 14736 Crane
Street NW, legally described as Lot 14, Block 5, Oak: Bluff Second Addition.
The Planning and Zoning Commission finds that the proposal meets the
conditions established in Ordinance No.8, Section 5.04.
B.
The Andover Planning and Zoning Commission may recommend to the City
Council denial of the variance requested by Craig and Kara Gunderson to allow
for the construction and placement of a deck encroaching ten (10) feet into the
required sideyard setback from the street on the property located at 14736 Crane
Street NW, legally described as Lot 14, Block 5, Oak: Bluff Second Addition.
"
)
The Commission finds that the proposal does not meet the requirements set forth
in Ordinance No.8, Section 5.04. The Commission finds that no hardship exists
due to the unique shape or topography of the parcel and that the land owner would
not be precluded reasonable use of the property.
C. The Andover Planning and Zoning Commission may table the item.
"
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, 2 '
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N.C. HOIUM AND A SOCIATES, INC.
P. O. BOX 33026-COON RAPIDS, N. 55433
10731 MISSISSIPPI BLVD./.w. ~ OON RAPIDS, MN
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CERTIFICATE OF SURVEY: \ C
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VALUE PLUS CON ST. ~I ~ B~ ~7 '/j,/ ~
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LAND SURVEYORS
Telephone
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Lot 14, Block 5,
OAK BLUFF 2ND ADDITION,
Anoka County, MN
Prop. garage level = 895.0
Prop. top of block = 895.5
Prop. lowest level = 888.0
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CITY of ANDOVER
VARIANCE REQUEST FORM
Property Address
/4 7 )0
CrA"e Sr. ? v
Legal Description of Property:
(Fill in whichever is appropriate):
Lot 14 Block 5 Addition ~K \5Lu{; 2"JAJc1di'c,,",
plat Parcel PIN
(If metes and bounds, attach the complete legal)
Specific Hardship
ciQ~ \-. ~,,\'"" ~~~ver\ " ~~~ '
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Section of Ordinance Current Zoning 1<- 4- ~F.<<
--------------------------- -------------------------------------
Name of Applicant (!1'/H3 T 1(1\01 Gv..-l.:k.,-~o...,
Address /~7 5(, Cr/>rY\e sf. ,A./ f..,J.
Home Phone 43LI-/~ol Business Phone <;J 27-5575 ();v1r~)
~~~::~:::~~~---------------------_::~:_-~~~-~::~---------
Property Owner (Fee Owner)
(If different from above)
Address
Home Phone
Business Phone
Signature
Date
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VARIANCE
PAGE 2
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: scale and north arrow; dimensions of the
property and structures; front, side and rear yard
building setbacks; adjacent streets; and location and use
of existing structures within 100 feet.
2. Application Fee: Single Family G:75. oJl)
Other Requests - $100.00
Date Paid
.5/3/fC,
Receipt . L1~/2~~
Rev. 1-07-92:d'A
5-23-94:bh
Res. l79-9i (11-05-91)
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.
Design W'lrks (R). Knox Lumber. #I 210 Brooklyn Park, MN
Wed Jun 14 19:54:25 19950
The materials in this deck will cost $1636.83
Drawing: 3-Dimensional View
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SEE YOUR SALESPERSON FOR A CONSTRUCTION DETAIL
SHEET BEFORE YOU BEGIN YOUR PROJECT.
:>esign Wnrks (R), Knox Lumber, # 210 Brooklyn Park, MN'
Ned Jun 14 19:54:25 19950
>rawing: Dimensioned Plan View
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Iksign Works (R), Knox Lumber, # 210 Brooklyn Park, MN
Wed Jun 14 19:54:25 19950
Drawing: Dimensioned Plan View
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
June 4, 1996
DATE
AGENDA SECTION
t-O. Non-Discussion Item
ORIGINATING DEPARTMENT APPROVED
FOR AGENDA
ITEM
t-O.
Variance - Rearyard Setback
3220 138th Avenue NW
Karl and Terrilea Holm
1/.
Planning ~
<---
David L. Carlberg BY:
Planning Director
The City Council is asked to review the variance request of Karl and Terrilea
Holm to allow for the construction and placement of a deck encroaching twelve
(12') feet into the required thirty (30') foot rearyard setback on the property
located at 3220 134th Avenue NW, legally described as Lot 5, Block 8, Woodland
Creek First Addition.
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Background
For background information on the request, please consult the attached staff report
and minutes from the May 14, 1996, Planning and Zoning Commission meeting.
Planning and Zoning Commission Recommendation
The Planning and Zoning Commission recommends to the City Council approval
of the variance request. Attached is a resolution for Council approval.
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MOTION BY:
SECOND BY:
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CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RESOLUTION NO.
A RESOLUTION GRANTING THE VARIANCE REQUEST OF KARL AND
TERRILEA HOLM TO ORDINANCE NO.8, SECTION 6.02 WHICH REQUIRES A
THIRTY (30) FOOT REARY ARD SETBACK TO ALLOW FOR THE PLACEMENT
OF A DECK ENCROACHING TWELVE (12) FEET INTO THE REQUIRED
REARY ARD SETBACK ON THE PROPERTY LOCATED AT 3220 138TH AVENUE
NW, LEGALLY DESCRIBED AS LOT 5, BLOCK 8, WOODLAND CREEK FIRST
ADDITION.
WHEREAS, Karl and Terrilea Holm requested a variance to Ordinance No.8,
Section 6.02 which requires a thirty (30) foot rearyard setback to allow for the placement
of a deck support structure encroaching twelve (12) feet into the required rearyard
setback on the property legally described as Lot 5, Block 8, Woodland Creek First
Addition; and
WHEREAS, the Planning and Zoning Commission has reviewed the request and
, has determined that the said request meets the criteria of Ordinance No.8, Section 5.04;
/ and
WHEREAS, the Planning and Zoning Commission recommends to the City
Council approval of the variance request.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Andover hereby agrees with the recommendation of the Planning and Zoning
Commission and hereby approves the variance requested by Karl and Terrilea Holm to
Ordinance No.8, Section 6.02 which requires a thirty (30) foot rearyard setback to allow
for the construction and placement of a deck encroaching twelve (12) feet into the
required rearyard setback on the property legally described as Lot 5, Block 8, Woodland
Creek First Addition.
Adopted by the City Council of the City of Andover this 4th day of _ June
,19~.
CITY OF ANDOVER
Attest:
J.E. McKelvey - Mayor
\
, ) Victoria V olk - City Clerk
Reqular Ando\'er Planning and zoning Commission Meeting
Minutes - May 14, 1996
Page 3
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VARIANCE - CONSTR'lCT DECK ENCROACHING INTO 1.'HE SIDE YARD SETBACK FROM
STREET - 1"1736 CRJ...NE STREET NTi - CRAIG AND KARA GUNDERSON
/'
Mr. Johnson reviewed the request of craig and Kara /Gunderson to
ccnstruct a deck encroaching 10 feet into the 35-foot side yard setback
from the street at 14735 Cl.ane Street N';oI, Lot 14, Bl.6ck 5, Oak Bluff
Second Addition. He p<::in'.:ed out the applicable ord:i.p-a:.'"lces and noted the
deck cannot be constructed in the rear y~rd becaUse two ground level
windows are present. Mr. Carlberg also noted tQ€( ordi~ance was changed
in 1992 to require an additional 5-foot setp.c(ck when the house plan.:
show a fu.ture deck. '~his house was bui prior to ~hat ordinance
change. He assumed the deck was not subm" ted at the time the house was
constructed.
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Commissioner Apel noted corner lot have an extra 10-foot easement on
the side yard anyway. In this ca , the line from the corner of tile lot
to the corner of the house ind}cates a line of sight to ne~rly the end
of the lot. So t.here wculct b~no sight line problems with const:'-'.lcting
the deck as proposed. Va 1ances have been granted in the past for
similar situations.
C~"aig c.nd Xa::::-i'.. GunGE":l~ Gn explained the access to l:h,~ deck will be from
the. side ::'~ the flU ',.e 'wl">=re t".I1E. dec~( is prop08,~d t'.:' go i!1. The deck
, 111:..11 b,= at gr."0'.)n' level wi th one 3tep. The!.'e is fencing around the
/ en:ire back yar', so t~e deck would be within that fencing.
MOTIml " _ r:;:l, Second<:!d by BarT: y. that the 1?lanning and Zoning
Commission recom!7\ends fcnvarding to the City Council for approv2.l the
varianc2 request of Cr'aig and Kara Gundersen for a varianc,~ from
O::::-:iinan-,:, No. d, S'~cci0n 6.02 oE t:he 35-foot.;: Slee yard setback, a
'/aria. ~2 cf 10 feet. :~(;tion carried on i.1 ~ - Yes, 3 -Absent (L'..ledtke,
\'o::e. This '.'1" - 96, CitJ'
Co
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V;.RIANCE .. COlTSTRUCT DECK EllCROACHING INTO THE REAR YARD SETBACK - 3220
138TH 2WENUE NW - KARL lUi'D TERRILEA HOLM
Mr. Johnson reviewed the request of Karl and Terrilea Holm to construct
a deck encroaching 12 feet into the required 30-foot rear yard setback
at 3228 133th Avenue ~\~, L0t ~, Block 8, Woodland Creek First Addition.
7he p::::-operty abuts commercial property. Mr. Carlberg explained in the
R-4 d~strict, a 35-foot front yard and a 30-foot rear yard setback is
r-:quired. The huilding "'2.5 placed to the rear of the lot as far as
possible and 'NaB built prior to September 15, 1992, when the ordinance
was approved which required an additional 5-foot setback if there are
plans to accommodate a dec:t; in the future. He also explained the
commercial zcne is an o'/er1ying district in the Plaaned Unit Development
, oi Woodland Creek for residential and neighborhood busi~ess development,
) The applicant is aW,l::e tn?t the abutting property is commercial
property.
j(egu1c:r
Minutes
!?C'.ge 4
Andover Planning -3.nd Zoning Comm.ission Meeting
- May I.I, 1995
./
(Variance
i\.venue NW,
Construct Deck Enr.:roaching Rear Yard Setback/3220 I38th
Ccnt.inued)
The Commission gener~lly die noc have a problem with the request becausE
of che adj acent commercial property. The ordinance amendment should
also .:orrect simi.lar p':cblems in the futurE.
MOTION by Wells, Seconc..:::a by 1'.p.-;l, to ferwa.rd to the Ci':y Council the
varianc= of Karl and Terrilea Holm as requested. Motion carried on a 4-
Yes, 2-A1::sent (Lu.:'"dtke, Peek, PlltI12.m) vote. This will be placed on the
June 4, J.996, City COtincil agenda.
~ONSTRrJCT-DECICENCROACHING-l'};~O-T-HE_~IDE YARD SETBACILFROM AN
I ERIOR PROPERTY LINE - 14677 BLUEBIRD STREET NW - TIME AND WENDY
Z
Mr. Ca be"g reviewed the variance request of Tim and Wendy Kramasz to
conscr~c~ a deck encr.oaching 4 feet into the required 10-foot side yard
setback fr,m an int~rior l~t line at 14677 Bluebird Street NW, Lot 10,
B::'?c:< 1, :-'0 _ Woods. He sum~r,arized tho: applicable ordinances and noto:d
ch= house Wi'_ built "fter. the ordinance ar.\endmE:!lt in 1992, so an
additiona.l S..f . t S2.t:e yc.::':~ setback ...,as required co acccmmoda:.:e an
\ ac:cr:ss :':':r a de~~:. If -':1. :(I~:3idential qar::..';e or carport were to be
/ cc,nstn!,cte~ on th sld~, ':l 6-fcot set~ack '....ould boe allowed. The
proposal is co cons. uct a 10 x 14-foo~ deck, which would create a 6-
foot s~cback from the .rcperty line. There is 27 feet becween the house
on this let and the one en the adjacent lot. The deck would be 17 feet
f~om th~ neighbor~ng hou e.
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T:tm Kr::..[l\3.sZ .5tZlced '~h,:: for the neighboring house would be in the
back ci thac house c.n;l WOt;.ld~t "rap arou~d to ~he side of it.
CC::lrrti.::s.:..cn?r Aoel stated th~ ordinance amerd.r,ent cried to solv~ these
!=,robler'ls. In analyzing it., .1. d-"!c'"ould be less int.rusive than a garage
or ca~ort which would be a~lowed eo be six feet from the side lot line.
fo1r. Carlberg explained the ir.tf::1t wit'~he additional 5-foot setback was
~o aliow the construction of an access area frem the sliding glass doors
,....hich would wrap arollnd to the deck in the b~ck of the house. In many
C&.ses it is noe Dossible to wrao the "deck around in the back side
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because of the feature.5 on :.he house. TH~y c,:.:n.:ld <.:onstrur:t a 6 :< 14-
f.ooc deck, but they would like to see a targ~r one. The question is
whether their hardship warrants grancing a variance.
While the Commissioners were generally in fav~ of the variance, they
suggested the Building Department look at bUil~~~~Plans carefully to be
sur~ enough area exists for the future placement 'of a deck to avoid
t:lese types cJf variances. There wan a concern that t:he homeown€.:
generally doesn't know or potenti.al problems with setbacks for the
tutul.'e placement of a deck, and some how that must be 'communicated co
the owner before the house is constructed. It was noted, that part of
the prublem is the increas~d sizes of houses en the small lots. In this
case, it was felt a d~ck would be less intrusive than a garage or
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CITY OF ANDOVER
REQUEST FOR PLANNING COMMISSION ACTION
DATE May 14, 1996
AGENDA ITEM
ORIGINATING DEPARTMENT
APPROVED FOR
AGENDA
5. Variance - Rearyard Setback
3220 138th Avenue NW
_ ]{ <lrl <Inri T,.,.,.;I,.<I J-f"I.....
BY:
Planning Otl
Jeff Johnson
BY~
REOUEST
The Andover Planning and Zoning Commission is asked to review the request of Karl
and Terrilea Holm to allow for the construction and placement of a deck encroaching into
the required thirty (30) foot rearyard setback on the property located at 3220 138th
Avenue NW, legally described as Lot 5, Block 8, Woodland Creek First Addition.
The property is zoned R-4, Single-Family Urban.
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APPLICABLE ORDINANCES
Ordinance No.8, Section 6.02, establishes the minimum lot requirements for an R-4,
Single Family Urban residential zoned lot. Section 6.02 requires a thirty (30) foot
rearyard setback.
Ordinance No.8, Section 5.04, establishes the variance procedure and 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.
BACKGROUND AND REVIEW
The applicant is requesting a variance to construct a deck encroaching twelve (12) feet
into the required rearyard setback. The applicants property abuts commercial
(neighborhood business zoned) property.
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The applicant was unaware that they could not place a deck in the rear yard. The house
was constructed with sliding glass doors that are accessible to the rear yard. Letters from
adjacent property owners are attached indicating their approval. Please consult the
attached application from the applicant for further details.
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Page 2
Variance - Rearyard Setback
Karl and Terrilea Holm
May 14, 1996
COMMISSION OPTIONS
A. The Andover Planning and Zoning Commission may recommend to the City
Council approval of the variance requested by Karl and Terrilea Holm to allow
for the construction and placement of a deck encroaching twelve (12) feet into the
required rearyard setback on the property located at 3220 l38th Avenue NW,
legally described as Lot 5, Block 8, Woodland Creek First Addition.
The Planning and Zoning Commission finds that the proposal meets the
conditions established in Ordinance No.8, Section 5.04.
B.
The Andover Planning and Zoning Commission may recommend to the City
Council denial of the variance requested by Karl and Terrilea Holm to allow
for the construction and placement of a deck encroaching twelve (12) feet into the
required rearyard setback on the property located at 3220 l38th Avenue NW,
legally described as Lot 5, Block 8, Woodland Creek First Addition.
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The Commission finds that the proposal does not meet the requirements set forth
in Ordinance No.8, Section 5.04. The Commission finds that no hardship exists
due to the unique shape or topography of the parcel and that the land owner would
not be precluded reasonable use of the property.
C. The Andover Planning and Zoning Commission may table the item.
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CITY of ANDOVER
VARIANCE REQUEST FORM
Property Address 3220 B8th Avenue NW, Andover, MN 55304
Legal Description of property:
(Fill in whichever is appropriate):
Lot
8
Block I S'
Addition ~lrmn ('rppk 1",+- :lli'lniHrm
plat parcel PIN
(If metes and bounds, attach the complete legal)
---------------------------------------*-------------------------
Description of Request We would like to put an (Attached) deck off our
dinina room oatio doors of 10 feet deep bv 29 feet wide.
, Specific Hardship When we built our house we were not notified by either t!'.e
'_J) or the city inspector
builder that we could not build a deck off our dinina room atio doors. Had I'd
know I would have built a house with a window instead of atio doors which would have
been less expensive). I don't feel ti'at I was proctected as a cons~r '9Y~ builder
Section of Ordinance Nfl. All>. ~ . Current zoning fl- ,-,'
_ __ ____ _ _ __ _ _.____5gTLllbI.s-~:P-'i-:~.p-1:.. ------------------ - -- --- - ------ ,.
Name of Applicant :KFlrl ., '1't=.rri1pFl F!n1m
Address 3220 Beth 1\venue NW, Andover, MN 55304
Home phone 427-3855
Signature~~
Bus ine s s Phone566-41ll (Terrilea)
330-64l::!4 (Karl.)
Date 4/29/96
-----------------------------------------------------------------
Property owner (Fee owner)
(If different from above)
Address
Home Phone
Business phone
Signature
-----------------------------------------------------------------
Date
/
. -- - ------------------------------
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or by. the city, making rre aware of this problem. I would really like to be able
to . bul~d an attached deck and I have asked bJth ~ neighbors if ti-ey had any
ob]ectlons, and bJth of them have written letters stating that they dont. The
lot behind ~ property is zoned for cornrercial p=perty and if they build sonething
there I was told by the city planner (Dave Karlberg) that they would have to put
up a fence and then no one other than ~ family will really see the deck. I really
don't feel that our deck would inconvenience anyone and I don I t plan to build a
cheap lOOking deck that would make it unappealing to anyone.
If the city decides to decline ~ request, I will have a house that has patio doors
off ~ dining room area and no deck, and no usuable access to the backyard. I will
also have a very difficult tine trying to re-sell ~ house sorreday with patio doors
in the dining rocm area that has no access to the backyard. My family spends a lot
of time in our backyard and we just bJught patio furniture last fall and stored it
for the sumrer, planning on using it this sumrer on our deck that we saved for.
I would really appreciate your consideration on our request. If you have any questions
before the city council rreeting, please don' -t hesitate to call rre either at harre or
work. (pager number 650-7232).
Thank you very Im.lCh,
Karl & Terrilea Holm
,
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.:.pp -1~, '3~, [1'3: -ll FF'l]r'l:
VARIANCE
PAGE 2
755 -:::'323
TO: -4273:::77
PAGE: 03
)
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: scale and north arrow; dimensions of the
property and structures; front, side and rear yard
building setbacks; adjacent streets; and location and use
of existing structures within 100 feet.
2. Application Fee: single Family ('$.c75 00
Other Requests - -SlOO: 00
Date paid 4~/c,{J?
Receipt . 03/00 1
Rev. 1-07-92:d'A
5-23-94:bh
Res. 179-91 (11-05-91)
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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1b Wit""," n- ~ U,".tMlV: <{-,), -9.
" I+ ~ fi.-u.. w;~ )J ~... i(; Xcvi dnd Terri. Ho~
'at JJao /39/i. 4ve. AJ0 ctuos.e -1:0 /l1sW tJ.. dJ.ck b~
~ ~~. -r};U~ j 5 not 0. f~ b&rn. 0.1. aLL f~Jt!.. U.A<; a..rt.d. ::r.
C#"+ #l ~.:d; ~ ht -otYL ~ ~...u.~
5in.W~)
/)~ t9,;ll~
17 (}JJ-
3:J.J~. 13f#,. A~ AJtJ
AwLovtA) MN 553DV
3a3- ~oo }
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April 18, 1996
Kathy and Mike Paschke, 3236 138th Ave NW, give Terri and Carl Holm of3220 138th Ave
NW, pennission to build a deck.
"
) Kathy & Mike
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
June 4, 1996
DATE
AGENDA
f\O.
SECTION
ORIGINATING DEPARTMENT
ITEM
f\O.
Planning
=t>
APPROVED
FOR AGENDA
Non-Discussion Item
BY:
Variance - Sideyard Setback
14677 Bluebird Street NW
/ d. Tim and Wendy Kramasz
David L. Carlberg
Planning Director
The City Council is asked to review the variance request of Tim and Wendy
Kramasz to allow for the construction and placement of a deck encroaching four
(4') feet into the required ten (10') foot sideyard setback from an interior lot line
on the property located at 14677 Bluebird Street NW, legally described as lot 10,
Block 1, Fox Woods.
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Background
F or background information on the request, please consult the attached staff report
and minutes from the May 14, 1996, Planning and Zoning Commission meeting.
Planning and Zoning Commission Recommendation
The Planning and Zoning Commission recommends to the City Council approval
of the variance request. Attached is a resolution for Council approval.
)
MOTION BY:
SECOND BY:
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CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. R -96
A RESOLUTION GRANTING THE VARIANCE REQUEST OF TIM AND WENDY
KRAMASZ TO ORDINANCE NO 8, SECTION 6.02 TO ALLOW FOR THE
CONSTRUCTION AND PLACEMENT OF A DECK ENCROACHING FOUR (4')
FEET INTO THE REQUIRED TEN (10') FOOT SIDEY ARD SETBACK FROM AN
INTERIOR LOT LINE ON THE PROPERTY LOCATED AT 14677 BLUEBIRD
STREET NW, LEGALLY DESCRIBED AS LOT 10, BLOCK 1, FOX WOODS.
WHEREAS, Tim and Wendy Kramasz have requested a variance to Ordinance No.8,
Section 6.02 to allow for the construction and placement ofa deck encroaching four (4')
feet into the required ten (10') foot sideyard setback from an interior lot line on the
property located at 14677 Bluebird Street NW, legally described as Lot 10, Block 1, Fox
Woods; and
/
WHEREAS, the Planning and Zoning Commission has reviewed the request and has
determined that said request meets the criteria of Ordinance No.8, Section 5.04,
Variances; and
WHEREAS, the Planning and Zoning Commission recommends to the City Council
approval of the variance request.
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 variance request of Tim and Wendy Kramasz as requested on said property.
Adopted by the City Council of the City of Andover on this 4th day of June. 1996.
CITY OF ANDOVER
ArrEST
J.E. McKelvey, Mayor
\, Victoria V olk, City Clerk
J
j~egu12r
Minutes
I?c;.ge 4
Andover ?lanning and Zoning Cornm,ission Meeting
- t-!a y 1.1, 1 99-5
(Variance
.l\venue NW,
Construct Deck Encroaching
Cont.inuedJ
138th
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Th~ Commission generally die noc ave a problem with the request because
of the adjacent commercial operty. The ordinance amendment should
also correct similar pro :ems in the future.
MOTZON by Wells,
variance of K
Yes, 3-Al:s
,Tune -! ..996,
~ cond.=:d by ]\9cl, to fcn/ard to the City Council the
and Tel'ril<?3. Holm as requested. Motion carried on a 4-
(Luedtke, Peek, Putnam) vote. This will be placed on the
Ci ty Cm,noil agenda.
1)
VARIANCE - CONSTRTJCT DECK ENCROACHING INTO THE SIDE YARD SETBACK FROM AN
INTERIOR PROPERTY LINE - 14677 BLUEBIRD STREET NW - TIME AND WENDY
KRAMASZ
Mr. Carlberg reviewed the variance request of Tim and Wendy Kramasz to
construct a deck encroaching 4 feet into the required 10-foot side yard
setback from an int",rior .t.::t line at 14677 Bluebird Street NW, Lot 10,
Block 1, Fox Woods. He su~narized the applicable ordinances and noted
che house Wi::;'S bU.ilt afteI the. ordinance ar.!endm€:ut in 1992, so an
additiona.l 5.-foot sic:€: ya~':1. setback o,.,as required to accommodat:e an
. '\ v.ccc::ss f':r a deo::. If ':\ rf=sident.ial gar-;.ge or carport were to be
._) <::c.nstru<::te\.l on the sld~, :l 6-fcot setback '^,ould be allowed. The
proposal is co construct c. 10 x 14-L00t deck, which would cre5te a 6.
foot s~cback frem the property line. There is 27 feet between the house
en this let and the one en the adjacent lot.. The deck would be 17 feet
frem th~ neighboring house.
T:Lm lZr.~m3.:.z .5taced '~he ':'o2c.:;': fer the neighboring house would be in the
back of tbac house an~ wOLld ~ot wrap a~ou~d to the side of it.
Cc:mnizsion?!:" Apel stated the ordinance amen::Lr,ent tried to solv<:l these
proble,"'\s. In analyzing it., ,1 d.':ck would be leas intrusive than a garage
or car?ort which would be allowed to be six feet from the side lot line.
r4r. Carlberg explained the i;-.tE:~t with the additional 5-foot setback was
to allow the construction of an access area from the sliding glass doors
which would wrap arolmd to the deck in the back of the house. In many
<::ases it is noe possible to wrap the deck around in the back side
bacause of the Eeaturea on the house. They could constru~t a 6 x 14-
?:oot. deck, but they would like to see a larg<::r one. The question is
whether their hardship warrants granting a variance.
W~ile the ~ommissior.ers were generally in favor of the variance, they
suggested the Building Department look at building plans carefully to be
sure enough area exists for the future placement of a deck to avoid
t:lese types of v3riances. There '^,aa _ concern that the homecwne:
,generally doesn':' know of potential problems with setbacks for the
) future olacement of a deck, and some how that must be communicated co l
. the own~r before the house is constructed. It was noted that part of '
the pr0blem is the increas~d sizes of houses on the small lots. In this
case, it was felt a deck v;ould be less intrusive than a garage or
I?'c:gu}ar Anuover- Flannir.g c1[J,j Zoning Commission Meeting
Mi!1lftes - May 1,1, 1996
Page S
\
"(Vari.'lnce Ccnstr:,'ct Deck Encroaching Side Yard Setback from an
Interior Property L;n-=, 14677 Bluebird Street Mv, Continued)
carport which would b~ allowej to within 6 feet of ~he lot line and
because th~re will b~ no deck on the side of the neighborinq hous~ that
would face this deck. - -
MOTION by Hells, Seconded by Ba':"ry, to forward to th~ City Council this
variance, encroaching i::co tre side yard setback by 4 feet-. DISCUSSION:
Chairperson S~1uires :=cated he \l1ould support. the variance but was
t:":l'lcerr.ed because the ,"ncroachment is toward another existing dwelling,
which differs from tl1<?' pre'lious two where th~ encroachment was to the
street or to a commerci3.~~ly zoned Cl!:ea. Hhile the current property
owners may get along, o~e has to anticipate that that may not always be
the case. The argument that a 6-foot setback is allowed for garages and
carports sways him in favor of this request. On the other hand, the
setbacks are intended to provide privacy, and 17 feet isn't a lot of
space for privacy. Commissioner Wells stated she would be against this
if there was a possibility of a deck being constructed on the adjoining
building that w0uld f;;;ce this proposed deck. Motion carried on a 4-Yes,
3-P.:osent (Luedtke, Peek, Putr:.am) vote. This will be placed on the Jur:'"
4, 1356, City Council agenda.
- EfB-YNIT r:EVZLOPMENT FOR NIGHTINGALE PROPERTIES -
Mr. reviewed the proposed sketch plan of Nightingale Properties,
LLC 10ca ::1 in SectLm 15. Tho? property is zoned R-1 and is proposed t...,
b~ develop d in~c 11 lots ~nd 1 outlot. The proper~y currently is nQC
loc~t€d wi~h'n :h~ ~~S;~ area, but it could be serv~d in the f'lture with
~h~ exiG~ing ; 'avlty ~3nica~y sewer syscem. There is a half-sec:ion map
whi..::h E;"':lWS :-.0'.'. futu-:-e developrnent could occur to the west. The Fire
['Epart.ment is re .u~stir.g that Raven Street NW be constructed between
this proposed dcve' op'TIer.t and ~'1ittington Ridge to eli:r.~.nate th~ 101".g
dead ends. Tha-.. is u';;.side the bounc.aries of this plat and is something
:h~t will need co be wi~h the Councll.
Commissioner Barry stated here would be only seven dwellings along the
road. Commissioner Apel fe't because the extension of Raven is outside
of the proposed plat, the .ly thing the City can do now is make
provisions for that ext~nsion' the future.
Mr. Haas noted the outlet would the association for the
de7elopnent. Mr. Carlrerg pointed ou as a PUD, the lots do not meet the
miniml'm re~ire'r.er~ts f::r tl:e R-1 dist_ . ct. The CO'.lncil has ap~.roved the
PL~ Ordinance; how~ver, S~aff is brin 'ng the item back to them for
further discussion on density. The issue is whether density should be
based on gross versus net acre~ge. Staff sed it on net acreage plus
allow a 20 percent increase in density. The evelopers are saying they
'm~ierstood it to be based on gross acreage. f it is based on gross
'_d=reage, Staff is recomme~ding the 20-percent 1 crease not be applied
because there i3 no need to increase density anot er 20 percent. If it
is bas~d on net .3.c:l'eage. tb~ the 20-perceIlt .increa_e would apply :Cased
on the four criteLia lisccd in the PL~ ordinance. ~
j
CITY OF ANDOVER
REQUEST FOR PLANNING COMMISSION ACTION
May 14, 1996
DATE
AGENDA ITEM
7 . Variance - Construct Deck
Encroaching into Sideyard
Setback - 14677 Bluebird St. NV
Request
APPROVED FOR
AGENDA
'-
o
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ORIGINATING DEPARTMENT
Planning
David L. Carlberg
Planning Director
BY:
BY:
The Planning and Zoning Commission is asked to review the variance request of
Tim and Wendy Kramasz to construct a deck encroaching four (4') feet into the
required ten (10') foot sideyard setback from an interior lot line on the property
located at 14677 Bluebird Street NW, legally described as Lot 10, Block 1, Fox
Woods.
The property is zoned R-4, Single Family Urban.
/
\ Applicable Ordinances
Ordinance No.8, Section 6.02, establishes the minimum lot requirements for an R-
4, Single Family Urban zoned lot. Section 6.02 requires a ten (10') foot sideyard
setback from an interior property line unless the structure is a residential garage or
carport over twenty (20') feet wide. A six (6') foot setback is allowed for the
residential garage or carport.
Section 6.02, also requires an additional five (5') feet be added to the setback when
the plans for the principal structure accommodate an access for a deck. Therefore
then principal structure is required to be setback at least fifteen (15') feet from the
sideyard interior lot line.
Ordinance No.8, Section 5.04, establishes the variance procedure and 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.
,)
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Page Two
Variance - Deck
14677 Bluebird Street NW
Tim and Wendy Kramasz
Planning and Zoning Commission meeting
May 14, 1996
General Review
The applicant is request the variance to construct a deck, as shown on the attached
drawing provided by the applicant, encroaching four (4') feet into the required
sideyard setback from the interior lot line. The principal structure is setback
sixteen (16') feet from the property line. With the addition or construction of the
deck, a six (6') foot setback would exist.
Commission Options
\
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A. The Andover Planning and Zoning Commission may recommend to the City
Council approval of the variance request of Tim and Wendy Kramasz to
construct a deck encroaching four (4') feet into the required ten (10') foot
sideyard setback from an interior lot line on the property located at 14677
Bluebird Street NW, legally described as Lot 10, Block 1, Fox Woods.
The Planning and Zoning Commission finds the proposal meets the
requirements of Ordinance No.8, Section 5.04.
B. The Andover Planning and Zoning Commission may recommend to the City
Council denial of the variance request of Tim and Wendy Kramasz to construct
a deck encroaching four (4') feet into the required ten (10') foot sideyard
setback from an interior lot line on the property located at 14677 Bluebird
Street NW, legally described as Lot 10, Block 1, Fox Woods.
The Planning and Zoning Commission finds the proposal does not meet the
requirements of Ordinance No.8, Section 5.04. The Commission finds that no
hardship exists due to the unique shape or topography of the parcel and that the
land owner would not be precluded reasonable use of the property.
'\
)
C. The Andover Planning and Zoning Commission may table the item pending
further information from the applicant or Staff.
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CITY of ANDOVER
..~..
VARIANCE REQUEST FORM
Property Address
\4V1Q i=)llifblrc1 s+ NW ,At.jI")OV~K.. t-IN S5:x.Jl I
J ~
Legal Description of Property:
(Fill in whichever is appropriate):
Lot
\D
Block ----1- Addition ~ '1-.. 'vJcPD'S
Plat Parcel PIN
(If metes and bounds, attach the complete legal)
-----------------------------------------------------------------
Description of Request h"a \.ii'i.\c1 1;"'1 -1,,\ \,,11-1 Mil A-t+(l.chcrf rlorK
0\'\ nilI'" d\i\\f\~ ~ON-1 VPlT\,'l Aon(~ Iv .rLX-,.l d<u(\ hl'l 2Z; .f.-;n"t. uJlck
. . . Wl'\Qn WR. \")u.. It 0 1...( h()U~il ~.2. wp..-~ nui ,,,.,\),-:,,,<1' by u....r bL,' I (I"r
Specl.fl.C Hardshl.p OL:"'\~ "'Sp-'(\.;( --Ihrd WQ ('CLdc\"\cl hl.i\{\ rtC,o(I<'("'\'f"~/l!. tVdl(.)dav:-
Tr w~wc\...dd hC\Ii" Know" vJ~ 1.0.:",1(1 1'1(,Ii~ \Xd\+,j\~ hCu~(! c"~.F4:.-,urt. vJ:l..c\.\'S.c.)
eCulr\ nt"" r~ HC';Q(I 0.,( h,)[)"\li ~L'H Tv~l",rv()\\jh (t') \1'.); 1....,...".01.<. I;"';",,'D<.:.. ~"\.1lnrtl illc)LLr
L(~Q.Cl 4",,') wc...lcI 0" hocl p("o'oI.::(l"\5 wl-l.n C.l'.C\(II.ie.wl\-'/Cr~r,.\ltlC~\t:Si)Zq~-""_4U..VfIli4Y\
WHI"" ,I{.;> c J I - . ) ','II I,.'~' <(-t.~I'"
I)"....D-'MlI\i..~.'\-lo.;yW;II(jll.:;, U-::. w.-,tt~nl.. +.2(" ir II tClect.
Section of Ordinance Orn I-lv << Current Zoning K-~
)
-----------------------------------------------------------------
Name of Applicant
II t-'\ ... \tJ ~nc\u I<. CCt \\"")Cl..... Oil'
,
Address \L\~11 ~\Li..~bl(c\ 'S-+ tJ\i0 A (0i)CI.:.QI) t-IIJ C;c::;~,y
Home Phone L\3~.~':'\"S Business Phone C:;.;lI-::;l~CG (lAYmc1L\)
~~~::~:5:~~~~~~:~~_~~~~--------~:~:----=~~----------
______
Property Owner (Fee Owner)
(If different from above)
Address
Home Phone
Business Phone
Signature
Date
-----------------------------------------------------------------
VARIANCE
PAGE 2
I
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: scale and north arrow; dimensions of the
property and structures; front, side and rear yard
building setbacks; adjacent streets; and location and use
of existing structures within 100 feet.~,
2. Application Fee: Single Family ~S.~~
Other Requests - O.U
Date Paid ~3~~9~
Receipt # ~//,,-t7
Rev. 1-07-92:d'A
S-23-94:bh
Res. 179-91 (11-05-91)
CRITERIA POR GRANTING A VARIANCE
In granting a variance, the City Council shall consider the
advice and recommendation of the Planning and Zoning Commission,
and:
\
I
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.
~
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
June 4, 1996
DATE
AGENDA SECnON
r-.o Non-Discussion Item
ORIGINATING DEPARTMENT
ITEM
r-.o Approve Ordinance Summary
Ordinance No. 113
Regulating Antennas/Towers
/3.
Planning "-=D
David L. Carlberg Z--- BY:
Planning Director
APPROVED
FOR AGENDA
The City Council is asked to review and approve the attached ordinance summary
of Ordinance No. 113, An Ordinance Regulating the Construction and
Maintenance of Private and Commercial Antennas and Towers. The Council
approved the Ordinance at the May 21, 1996 meeting.
In approving the summary, the Council must find that the publication of the title
and summary would clearly inform the public of the intent and effect of the
ordinance. A four-fifths (4/5) vote is required to approve the summary for
publication.
)
,
MOTION BY:
SECOND BY:
J
CITY OF ANDOVER
COUNTYOFANOKA
STATE OF MINNESOTA
ORDINANCE NO. 113 SUMMARY
AN ORDINANCE REGULATING THE CONSTRUCTION AND MAINTENANCE OF
PRIVATE AND COMMERCIAL ANTENNAS AND TOWERS
The City Council of the City of Andover does hereby ordain:
STATUTORY AUTHORIZATION AND POLICY
Statutory Authorization
This ordinance (regulating the construction and maintenance of private and commercial
antennas and towers) is adopted pursuant to the authorization and policies contained in
Minnesota Statutes, Chapter 105, Minnesota Regulations, Parts 6120.2500 - 6120.3900,
and the planning and zoning enabling legislation in Minnesota Statutes, Chapter 462.
Policy
./
The construction and maintenance of private and commercial antennas and towers in
Andover, Minnesota adversely impacts surrounding properties. Therefore, it is in the best
interest of the public health, safety, and welfare to ensure residents that antennas and
towers are constructed and installed in a safe manner while permitting reasonable
reception and transmission of signals from antennas. To lessen the adverse aesthetic
impact on surrounding properties because of the unsightly nature of antennas and towers;
size, height, landscaping, screening, location and installation restrictions and
requirements are established. This responsibility is hereby recognized by the City of
Andover.
GENERAL PROVISIONS AND DEFINITIONS
Jurisdiction
The provisions of this ordinance shall apply to the City of Andover.
Enforcement
"\
"\ J
The Zoning Administrator is responsible for the administration and enforcement of this
ordinance. Any violation ofthe provisions of this ordinance or failure to comply with
any of its requirements (including violations of conditions and safeguards established in
connection with grants of variances or conditional uses) shall constitute a misdemeanor
and shall be punishable as defined by law. Violations of this ordinance can occur
\
/
regardless of whether or not a permit is required for a regulated activity pursuant to this
ordinance.
Interpretation
In their interpretation and application, the provisions of this ordinance shall be held to be
minimum requirements and shall be liberally construed in favor of the governing body
and shall not be deemed a limitation or repeal of any other powers granted by State
Statutes.
Abrogation and Greater Restrictions
It is not intended by this ordinance to repeal, abrograte, or impair any existing easements,
covenants, or deed restrictions. However, where this ordinance imposes greater
restrictions, the provisions of this ordinance shall prevail. All other ordinances
inconsistent with this ordinance are hereby repealed to the extent of the inconsistency
only.
A printed copy of this ordinance is available for inspection by any person during regular
office hours of the City Clerk and at the Andover Branch of the Anoka County Library.
/
\
)
~
~
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I;' iiol srATIlTORY crm.s 412.191
~-::.
-.:.~~~- .
f~~: =~;::-Subd. 2. MS 1949 [Repealed, 1953 c 49 s 2]
~'J.;:::::'~ ':""~Subd. 3. MS 1949 [Repealed, 1953 c 49 s 2]
~~..~ ;:. Subd. 4. MS 1949 [Repealed, 1953 c 49 s 2]
~~. :.. Subd. 5. MS 1949 [Repealed, 1953 c 49 s 2]
f:::;" ::" SuM. 6. MS 1949 [Repealed, 1953 c 49 s 2]
.....~ .
:~~;;.~., Subd. 7. MS 1949 . [Repealed, 1953 c 49 s 2]
~ . Subd. 8. MS 1949 [Repealed, 1953 c 49 s 2]
~-;;<\:..-
t'==-- ". Subd. 9. MS 1949 [Repealed, 1953 c 49 s 2]
~~~ ::.~~ Subd. 10. MS 1965 . [Repealed, 1967 c 289 s 18]
~ .
~~.U2.181_. MS 1971 [Repealed, 1973 c 123 art 2 s 4]
'i~"~2.19 [Repealed, 1949 c 119 silO]
~....
~"1i~ ~j"L:." COUNCIL, POWERS
~~'412.191 MEl\1BERS; POWERS, DUTIES.
~~'fu.::'.-,,;:. Subdivision 1. Composition of city council. The city council in a standard plan
~ city shall consist of the mayor, the clerk, and the three council members. In optional
~ plan cities, except those cities having a larger council under section 412.023, subdivi-
_ '_~" sion 4, the council shall consist of the mayor and the four council members. A majority
~ of all the members shall constitute a quorum although a smaller number may adjourn
.~~~ from time to time.
.~'.
.~~i:' ",. : Subd. 2. Meetings of the council. Regular meetings of the council shall be held
~@: at such times and places as may be prescribed by ilS ~es. Sp~cial meetings may be
'.3J:"', called by the mayor or by any two members of the council by wnlmg filed Wlth the clerk
~ ./ who shall then mail a notice to all the memb~rs of the lime an.d place of meeting at least
...;;;.,: one day before the meeting. The mayor or, In the mayor's aosence, the aCl1ng mayor,
~~: shall preside. All meetings of the council shall be open to the public. The council may
-~. preserve order at its meetings, compel the attendance of members, and punish nonat-
~. lendance and shall be the judge of the election and qualification of its members. The
~~ council shall have power to regulate its own procedure.
~.
'I~ - Subd. 3. Publication of conncil proceedings. The council after every regular or
~k SPecial meeting shall publish the official council proceedings, a summary conforming
,.. 10 section 33lA.0 I, subdivision 10, or a condensed version of the official minutes which
::;;:!:~shall include action on motions, resolutions, ordinances, and other official proceedings.
'~ As an ~temative to ~ublication, the city may ma~, a.t city expense, a. c~py of the
{.!~ Proceedings to any reSident upon request. The publ1cauon shall occur Wlthin 30 days
~~, of the meeting to which the proceedings relate. Cities with a population of less than
:t'~ 1 ,000 according to the latest federal census are not required to comply with this section,
;.~e~~~y.do so ~t their discretion. , .
'r;"_"::. !i;.~' Subd. 4.' Enactment of ordinances. Every ordinance shall be enacted by a majority
:v.qrote of all the members of the council except where a larger number is required by law.
!~;::::.. t shall be signed by the mayor, attested by the clerk and published once in the official
~~Fewsp~per. In the case of lengthy ordinances, or ordinances which include chans or
:~c~ma~s. if the city council determines that publication of-the title and a su=ary of.an
J:~ or~ce would clearly inform the public of the intent and effect of the ordinance, the
~;~CO~Cibnay' by a four-fifths vote of its members direct that. only the title of the
'?::~ o~:mce and a summary be published, conforming to section.33lA.Ol, subdivision
.:=--~lO"wtth-uotice that a printed copy of the ordinance is available for inspection by any
:~~ pe~n during regular office hours at the office of the city clerk and any other location
.!",-.-: ~hlch the council designates. A copy of the entire text of the ordinance shall be posted
~ U1 the co=unity library, if there is one, or if not, in any other public location which
~-:.i; ~ COuncil designates. Prior to the publication of the title and summary the council
:::"7 ' .approve the text of the summary and determine that it clearly informs the public
~:k~ :.",~e intent and effect of the ordinance. The publishing of the title and.summary shall
.;~'S!o'~ -
~I.
....-:.:~.
412.191 STATIITORY CIT1ES
be deemed to fulfill all legal public:ltion requirements as completely as. if. the,' entire .-
ordii:l.ance had been published. The text of the' summary shall be: pnblished -in a'.body
type no smaller than brevier or eight-point type_" Proof of the public:ltiOli :shill be
attached to and filed with the ordinance. -.: '~-~_...... <'. ~..- < '~,;.:.:,:.~
Every ordii:l.ance shall be recorded in the- ordinance book Within 20 ciiys" after
publication of the ordinance or its title and summary; All ordii:l.ances shall be' sUitably
entitled and shall be substanti.aily in the style".~The City Council of...:.:.:..;.:..ordains:~.
Subd. 5. [Repealed, 1976.c 44 s 70].>'~ _. . " . ~::~ :~:.:..___
., History: 1949 C 119 s 22-26; 1967 c 289 S 6; 1973 c 123 art 2 s 1 subd2;'1976 c 44
S 26; 1981c 219 s 1; 1984 c 543 s 46,47; 1986 c 444-",;' . ..,:.: ;:-:1' .!.Jf .b~:';:~
... ..,
... ~ .
412.20
[Repealed, 1949 c 1I9 s 1I0]
. ......
,""-'..
412.201 EXECUTION OF INsrRUML.'ITS.
Every contract; conveyance, license or other written instrument shall be executed
on behalf of the city by thc mayor and clerIc, with the cOfJ'orate seal affixed, and only
plmuant to authority from the council. '
History: 1949 c 119 s 27; 1973 c 123 an 2 s 1 subd 2
412.21
[Repealed. 1949 c 119 s 110]
412.211 GEJ."<ERAL STATUrORY CITY POWERS.
Every city shall be a municipal cOfJ'oration having the powers and rights and being
subject to the duties of municipal corporations at common law. Each shall have
pefJ'etual su=ion. may sue and be sued, may use a cOfJ'orate seal. may acquire.
either within or without its corporate limits, such real and personal property as the
PUfJ'oses of the city may require. by purchase, gift, devise, condemnation, lease or
otherwise, and may hold, manage, control. sell, convey, lease, or otherwise dispose of
such property as its interestS require. The powers lis1ed in this act are not exclusive and
other provisions of law granting additional powers to cities or to classes of cities shall
apply except where inconsistent with this chapter. . -'. - -' - .
..- .....
History: 1949c 119s 28; 197~ c 123 an 2 slsubd 2 -.". . .,,-
." ... ..-. ...-.~,", -.. . -". '.~~::;:~
412.22:;,,: [Repealed, 1949 d ~9s.1I0] .: - -'":: "_~.:::..-, ~ .. : '.-;.' .. -.. :.
. . __.. ..e. "."..... .... . . -." . -.. ~ y-,. ,'~'.~ ." .. -'....~:::-:_~.1~;>:..:~:"
412.22l.:SPECIFICPOWERS OFTIIE COUNCIL.;-:'.'. '"":. . :::: .-:--
Subdivision I. . Books; stlItionery; printing. The council shall have power to
procure thc books,to be-kept by the officers; and such furniture. property, stationery;
printing'and 'office supplies:!.S are' necessary'for'city' purposes:' ,..~ _.. ""~':.::""'~"';';"~;"
... .. ___..__N'\i....'
. . ' Subd. 2. Contr:lcts;,. The council shall have power to make such contracts as may
be deemed necessary or desirable to make effective any power possessed by the council~
The cirymay purchase personal property through a conditional sales contract' and real
property through a contract for deed under which contracts the seller is confined to the
remedy of recovery of the property in case of nonpayment of all or part of the. purchase
price; which shall be payable over a period of not to exceed five years. When the
contract. price of property to be purchased by contract for deed or conditional sales
contraCt"exceeds onc perCent of the gross taX c:lpacity of the city, the city maynot enter
into such'a contract for at least ten days after publication' in the-official newspaper of
a council resolution determining to purchase property by such a contract;.and, ifbefore
tj:le end of that time a: petition asking for an election on the proposition signed,by voters
equal to ten. percent of the number of voters at the last regular city e1ectiorr is filed with
, thc:clerk; the.city may not enter into such, a-contract until. the proposition: has' beerr
approved by a majority of the votes cast on. the question. at a regular or special election:
;; .," Subd-:3.-;; Buildings.~-: The council shall have'power-to construct .or.'acquire
structUres needed for city purposes, to control, protect, and insure the public buildii:l.gs,
prtJ1lerty, and records.
8302
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
'.
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DATE: June 4, 1996
AGENDA SECTION
Non-Discussion/Consent Item
ORIGINATING DEPARTMENT
Todd J. Haas, ~
Engineering
ITEM NO.
Release Letter of CrediUPheasant Meadows/
Grading ./
/Jf.
The City Council is requested to reduce the following Letter of Credit for Pheasant Meadows
as requested by Hakanson Development, Inc.
Letter of
Credit
Amount
Available
Reduce
To
Reduction
Pheasant Meadows
(Grading, etc.)
0340405-5499 $1,900.00
$0.00
$1,900.00
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Engineering staff has made an inspection of the development and we are recommending
releasing the remaining balance of the Letter of Credit.
Letter from the developer's engineer certifying the grading is complete and letter from the
surveyor that all monumentation is done have been received by the City.
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HOKANSON DEVELOPMENT~ INC.
HOKANSON DEVELOPMENT, INC.
HOKANSON DEVELOPMENT, INC.
"
April 26, 1996
Jean McGann, Finance Officer
City of Andover
1685 Crosstown Boulevard N.W.
Andover, MN. 55304
Dear MS. McGann:
Please return the letters of credit pertinent to Pheasant Meadows and Pheasant Glen as
our work on the site is now completed and we would like to free up some of our credit
line for work elsewhere.
) The letters of credit that appear to be 'obsolete "include the following:
Letter of credit number
0340405-5399 for Pheasant Meadow assessments
--?- 0340405-5499 for Pheasant Meadows improvements
0340405-5599 for Pheasant Glen/Pheasant Meadow
0340405-5799 for ensuring telephone line installation
Please return each of the originals to us with a letter stating that the letters are no longer
required given that the project is now complete. Than..1c you for your efforts in resolving
this matter.
Sincerely, ~
~2 ~~
Kirk Corson
91741santi Street N.E.. Blaine. Minnesota 55449
(6'12) 733-3130 . Fax (612) 784-9136
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
/
DATE: June 4, 1996
AGENDA SECTION
Non-Discussion/Consent Item
ORIGINATING DEP~RTMENT
Scott Erickson, ~t
Engineering ~
ITEM NO.
Accept Petition/Order Feasibility ReporU
96-12/3554 - 142nd Ave. NW/Watermain
/5.
The City Council is requested to approve the resolution declaring adequacy of petition and
ordering preparation of a feasibility report for the improvement of watermain for Project 96-12,
in the area of 3554 -142nd Avenue NW.
The property owner at the above noted address has requested City water service for their
property.
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CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
MOTION by Councilmember
to adopt the following:
A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING
PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF
WATERMAIN ,PROJECT NO. 96-12, IN THE 3554 -142ND AVENUE NW
AREA.
WHEREAS, the City Council has received a petition, dated May 15. 1996,
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
,
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1. The petition is hereby declared to be 100% of owners of property affected,
thereby making the petition unanimous.
2. Escrow amount for feasibility report is -0-
3. The proposed improvement is hereby referred to the City Enaineer and he
is instructed to provide the City Council with a feasibility report.
MOTION seconded by Councilmember
City Council at a reaular meeting this 4th day of
Council members
the resolution, and Councilmembers
against, whereupon said resolution was declared passed.
and adopted by the
June , 1 9 96, with
voting in favor of
voting
CITY OF ANDOVER
ATTEST:
J.E. McKelvey - Mayor
\ Victoria Volk - City Clerk
. /
'f~-I2...
)
May 15,1996
Andover City Engineer
1685 Crosstown Boulevard NW
Andover, MN 55304
Re: Municipal Improvements
Dear City Engineer:
We do hereby petition for improvement ofwatermain, with the costs of the improvement to be
assessed against my benefitting property.
Said petition is unanimous and the public hearing may be waived. Full assessment to be paid in
full upon completion of hookup.
Sincerely,
~ - ~/ r' "
. // --<-/."../ /?~ ?(~
/
Tedd M. Elsen
3554 142nd Avenue NW
Andover, MN 55304
(Home) 421-0383
(Work) 536-6388
\,
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
/
DATE: June 4, 1996
AGENDA SECTION
Non-Discussion/Consent Item
ORIGINATING DEPARTMENT
Scott ~ricks.on, \~
EnglneenngQ)1,...
ITEM NO.
Accept Feasibility ReportlWaive Hearing/
96-12/3554 -142nd Ave. NW
/~.
The City Council is requested to approve the resolution accepting feasibility study, waiving
public hearing and ordering improvement for Project 96-12 for watermain at 3554 - 142nd
Avenue NW.
The proposed assessment was determined under Project 94-17, Quickstrom's Addition.
Per Project 94-17 the assessment per lot is $4,267.35. The assessment includes the area
charge, connection charge and lateral charge which are typical for any watermain
assessment.
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CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
MOTION by Council member
to adopt the following:
A RESOLUTION ACCEPTING FEASIBILITY STUDY, WAIVING PUBLIC
HEARING, ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF
PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NO.
96-12 FOR WATERMAIN IN THE FOllOWING AREA
3554 - 142ND AVENUE NW
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WHEREAS, the City Council did on the .....1!tL day of June, 19 96 , order
the preparation of a feasibility study for the improvement; and
WHEREAS, such feasibility study was prepared by the City Enaineer
and presented to the Council on the 4th day of June ,19..mL; and
WHEREAS, the property owners have waived the right to a Public
Hearing; and
WHEREAS, the City Council has reviewed the feasibility study and
declares the improvement feasible, for an estimated cost of $ 4.267.35
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Andover to hereby receive the feasibility report with an estimated total cost of
improvements of $ 4,267.35, waive the Public Hearing and order improvements.
BE IT FURTHER RESOLVED the property would be assessed over a.Q
year period.
MOTION seconded by Councilmember
City Council at a reaular meeting this
Councilmembers
and adopted by the
4th day of June, 19 96, with
voting
in favor of the resolution, and Councilmembers
voting against, whereupon said resolution was declared passed.
CITY OF ANDOVER
ATTEST:
J.E. McKelvey - Mayor
\
, ) Victoria Volk - City Clerk
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
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DATE:
June 4, 1996
AGENDA SECTION
Non-Discussion/Consent Item
ORIGINATING DEPARTMENT
Scott ~rick~on. l\ t
Engineering W
ITEM NO.
Approve Quotes/96-13/Miscellaneous
Storm Sewer Maintenance
/1.
The work identified in this quotation consists of repairing erosion and performing ditch
maintenance at three locations within the City (see attached location map). The landscapers
quoting this work have the proper equipment and specialize in this type of repair. The funding
will be from the storm sewers capital outlay budget.
The quotations for this work will be provided at the City Council meeting.
)
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
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DATE:
June 4. 1996
AGENDA SECTION
Discussion Item
ORIGINATING DEPARTMENT
Scott Erickson, N:
Engineering (f)L
ITEM NO.
Accept Petition/Order Feasibility ReporU
95-26/Shadowbrook
It,
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 95-26, in the Shadowbrook area.
"
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'15- 2.,
May 20, 1996
llE C J::' T'l: IT' .....
~<t'1 ~> 1.- jJ
MAY 2 1 1996
CITY O~ "'"
~,j,uUI/ER
City of Andover
1685 Crosstown Blvd NW
Andover, MN 55304
Re: Sbadowbrook, Phase I
Bunker, LLC. Does hereby petition for improvements of water
main, sanitary sewer, storm sewer and street with concrete
curb and gutter with the understanding that MUSA extension
approval is pending. The cost of improvements to be assessed
against the benefiting property, which is described as:
Shadow brook, Phase I
(Said petition is unanimous and the public hearing may be waived.)
We request that a feasibility report be prepared as soon as
possible. We have enclosed a check for $1,000.00 for the
feasibility report expense. (The $1,000.00 will be credited
toward the 15% improvement escrow.)
Sincerely,
~.? -/
. ??'7t>?'[...::~~c.-.--/ ~
-' "-'~ ~.
--/ /v.;.
Tony Emmerich ~ '
Bunker, LLC.
)
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
MOTION by Council member
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. 95-26, IN THE SHADOWBROOK AREA.
WHEREAS, the City Council has received a petition, dated May 21. 1996,
requesting the construction of improvements; and
WHEREAS, such petition has been validated to represent the signatures of
100% of the affected property owners requesting such improvement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Andover that:
,
) 1. The petition is hereby declared to be 100% of owners of property affected,
thereby making the petition unanimous.
2. Escrow amount for feasibility report is $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
City Council at a reqular meeting this 4th day of
Council members
the resolution, and Councilmembers
against, whereupon said resolution was declared passed.
and adopted by the
June, 19 96, with
voting in favor of
voting
CITY OF ANDOVER
ATTEST:
J.E. McKelvey - Mayor
\ Victoria Volk - City Clerk
/
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
)
DATE:
June 4 1996
ITEM NO.
Revise Position Title from Construction
Inspector to Senior Engineering Technician
/1
ORIGINATING DEPARTMENT
Scott Erickson,
Engineerin~
AGENDA SECTION
Non-Discussion/Consent Item
The City Council is requested to approve changing the title of Construction Inspector to Senior
Engineering Technician. The change in title makes the position similar to the Engineering
Technician positions in other cities and also coincides with the position titles identified within
the stanton report. There are no changes to the job description or wage structure for this
position.
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE: June 4, 1996
AGENDA SECTION
NO. Non - Discussion
ORIGINATING DEPARTMENT APPROVED
FOR
Frank Stone - Public Works AGENDA
ITEM
NO. Change of Classification
Superintendent
BY:
0.70.
~
I would like to change John Wallace's job classification from Mechanic to Lead Mechanic.
This change in classification will give him leadership and guidance over other staff members
who use our Shop in the Public Works Department. However. this change will not affect his
salary.
MOTION BY:
SECOND BY:
CITY OF ANDOVER
REQUEST FOR COUNCIL ACflON
June 4, 1996
DATE
AGENDA
t\Q
SEcnON
ORIGINATING DEPARTMENT
APPROVED
FOR AGENDA
Staff, Committees, commissions
Recycling/Public Works
ITEM
t\Q
Recycling Agreement w/Anoka County
cindy DeRuyter
BY:
rlJJ.
The City Council is asked to review and sign the Agreement for
Residential Recycling program. This agreement is between Anoka
County and Andover. The Agreement is to provide for cooperation
between the County and the Municipality to implement solid waste
recycling program in the Municipality.
There is no change in this agreement since last year when it was
presented to you.
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MOTION BY:
SECOND BY:
Anoka County Contract # 900172-6
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AGREEMENT FOR RESIDENTIAL RECYCLING PROGRAM
TIllS AGREE.'VlENT made and entered into on the 23rd day of April. 1996,
notwithstanding the date of the signatures of the parties, between the COUNTY OF ANOKA,
State of Minnesota. hereinafter referred to as the "COUNTY", and the CITY OF ANDOVER,
hereinafter referred to as the" MUNICIP ALITY".
WITNESSETH:
WHEREAS, Anoka County has received $762,937 in funding from the State of Minnesota
pursuant to Minn. Stat. ~ 1 15A.557 (hereinafter "SCORE funds"); and
WHEREAS, the County wishes to assist the Municipality in meeting recycling goals established
by the Anoka County Board of Commissioners by providing said SCORE funds to cities and townships
in the County for solid waste recycling programs.
NOW, THEREFORE, in consideration of the mutual covenants and promises contained in this
Agreement, the parties mutually agree to the following terms and conditions:
1. PURPOSE. The purpose of this Agreement is to provide for cooperation between the County
and the Municipality to implement solid waste recycling programs in the Municipality.
2.
TERM. The term of this Agreement is from January I, 1996 through December 31, 1996,
unless earlier terminated as provided herein.
,
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3. PROGRAM. The Municipality shall develop and implement a residential solid waste recycling
program adequate to meet the Municipality's annual recycling goal of 1,703 tons as established
by the County. "Recycling" means the process of collecting and preparing recyclable materials
and reusing the materials in their original form or using them in manufacturing processes that do
not cause the destruction of recyclable materials in a manner that precludes further use.
"Recyclable materials" means materials that are separated from mixed municipal solid waste for
the purpose of recycling, including paper, glass, plastics, metals, fluorescent lamps, and vehicle
batteries. Refuse derived fuel or other material that is destroyed by incineration is not a
recyclable material. "Problem material" shall have the meaning set forth in Minn. Stat. ~
115A.03, subdivision 24a. "Yard waste" shall have the meaning set forth in Minn. Stat. ~
115A.93I.
4. REPORTING. The Municipality shall submit the following reports semiannually to the County
no later than July 20, 1996 and January 20, 1997:
A.
An accounting of the amount of waste which has been recycled as a result of the
Municipality's activities and the efforts of other community programs, redemption centers
and drop-off centers. For recycling programs, the Municipality shall certify the number
of tons of each recyclable material which has been collected and the number of tons of
each recyclable material which has been marketed. For recycling programs run by other
persons or entities, the Municipality shall also provide documentation on forms provided
by the County showing the tons of materials that were recycled by the Municipality's
residents through these other programs. The Municipality shall keep detailed records
documenting the disposition of all recyclable materials collected pursuant to this
agreement. The Municipality shall also report the number of cubic yards or tons of yard
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waste collected for composting or landspreading, together with a description of the
methodology used for calculations. Any other material removed from the waste stream
by the Municipality, i.e. tires and used oil, shall also be reported separately.
B.
Information regarding any revenue received from sources other than the County for the
Municipality's recycling programs.
C. Copies of all promotional materials that have been prepared by the Municipality during
the term of this Agreement to promote its recycling programs.
The Municipality agrees to furnish the County with additional reports in form and at frequencies
requested by the County for financial evaluation. program management purposes, and reporting
to the State of Minnesota.
5. BILLING AND PAYMENT PROCEDURE. The Municipality shall submit itemized invoices
semiannually to the County for abatement activities no later than July 20, 1996 and January 20,
1997. Costs not billed by January 20, 1997 will not be eligible for funding. The invoices shall
be paid in accordance with standard County procedures, subject to the approval of the Anoka
County Board of Commissioners.
6. ELIGIBILITY FOR FUNDS. The Municipality is entitled to receive reimbursement for eligible
expenses, less revenues or other reimbursement received, for eligible activities up to the project
maximum as computed below, which shall not exceed $47,855.38. The project maximum for
eligible expenses shall be computed as follows:
A. A base amount of $10,000.00 for recycling activities only; and
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B.
$6.02 per household for recycling activities only.
C. A supplemental grant of $2,235.04 (hereinafter referred to as a "Supplemental Grant")
for problem material management, solid waste recycling and yard waste abatement
programs to be disbursed to the Municipality within thirty days of execution of this
Agreement. Notwithstanding anything in this Agreement to the contrary, the
Municipality shall be entitled to use said Supplemental Grant monies only for eligible
expenses paid by the Municipality during the period January 1, 1996, through June 30,
1996, for problem material management, solid waste recycling and yard waste abatement
programs. On or before July 20, 1996, the Municipality shall submit a report itemizing
the expenditures of the Supplemental Grant monies on a report form provided by the
County, together with receipts verifying said expenditures. Any Supplemental Grant
monies not expended by the Municipality on or before June 30, 1996, shall be returned
to the County.
7.
RECORDS. The Municipality shall maintain financial and other records and accounts in
accordance with requirements of the county and the State of Minnesota. The Municipality shall
maintain strict accountability of all funds and maintain records of all receipts and disbursements.
Such records and accounts shall be maintained in a form which will permit the tracing of funds
and program income to final expenditure. The Municipality shall maintain records sufficient to
reflect that all funds received under this Agreement were expended in accordance with Minn.
Stat. 9 115A.557. subd. 2, for residential solid waste recycling purposes. The Municipality shall
also maintain records of the quantities of materials recycled. All records and accounts shall be
retained as provided by law, but in no event for a period of less than three years from the last
receipt of payment from the County pursuant to this Agreement.
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8.
AUDIT. Pursuant to Minn. Stat. ~ 168.06. Subd. 4. the Municipality shall allow the County
or other persons or agencies authorized by the County, and the State of Minnesota. including the
Legislative Auditor or the State Auditor. access to the records of the Municipality at reasonable
hours, including all books, records, documents, and accounting procedures and practices of the
Municipality relevant to the subject matter of the Agreement, for purposes of audit. [n addition,
the County shall have access to the project site(s), if any. at reasonable hours.
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9. GENERAL PROVISIONS
A. In performing the provisions of this Agreement, both parties agree to comply with all
applicable federal, state or local laws, ordinances, rules, regulations or standards
established by any agency or special governmental unit which are now or hereafter
promulgated insofar as they relate to performance of the provisions of this Agreement.
In addition, the Municipality shall comply with all applicable requirements of the State
of Minnesota for the use of SCORE funds provided to the Municipality by the County
under this Agreement.
B. No person shall illegally, on the grounds of race. creed, color, religion, sex, marital
status, public assistance status, sexual preference, handicap, age or national origin, be
excluded from full employment rights in, participation in, be denied the benefits of, or
be otherwise subjected to unlawful discrimination under any program, service or activity
hereunder. The Municipality agrees to take affirmative action so that applicants and
employees are treated equally with respect to the following: employment, upgrading,
demotion, transfer, recruitment, layoff, termination, selection for training, rates of pay,
and other forms of compensation.
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C.
The Municipality shall be responsible for the performance of all subcontracts and shall
ensure that the subcontractors perform fully the terms of the subcontract. The Agreement
between the Municipality and a subcontractor shall obligate the subcontractor to comply
fully with the terms of this Agreement.
D. The Municipality agrees that the Municipality's employees and subcontractor's employees
who fall within any job classification established and published by the Minnesota
Department of Labor & Industry shall be paid, at a minimum, the prevailing wages rates
as certified by said Department. Each Municipality and subcontractor performing work
on a public project shall post on the project the applicable prevailing wage rates and
hourly basic rates of pay for the County or area within which the project is being
performed, including the effective date of any changes thereof, in at least one
conspicuous place for the information of the employees working on the project. The
information so posted shall include a breakdown of contributions for health and welfare
benefits, vacation benefits, pension benefits and any other economic benefit required to
be paid.
E. It is understood and agreed that the entire Agreement is contained herein and that this
Agreement supersedes all oral and written agreements and negotiations between the
parties relating to the subject matter hereof.
F. Any amendments, alterations, variations, modifications, or waivers of this Agreement
shall be valid only when they have been reduced to writing, duly signed by the parties.
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G.
Contracts let and purchases made under this Agreement shall be made by the
Municipality in conformance with all laws. rules, and regulations applicable to the
Municipality.
H. The provisions of this Agreement are severable. If any paragraph. section. subdivision,
sentence. clause or phrase of this Agreement is for any reason held to be contrary to law,
such decision shall not affect the remaining portion of this Agreement.
/
I.
Nothing in this Agreement shall be construed as creating the relationship of co-partners,
joint venturers, or an association between the County and Municipality. nor shall the
Municipality. its employees, agents or representatives be considered employees, agents,
or representatives of the County for any purpose.
10. PUBLICATION. The Municipality shall acknowledge the financial assistance of the County on
all promotional materials, reports and publications relating to the activities funded under this
Agreement, by including the following acknowledgement: "Funded by the Anoka County Board
of Commissioners and State SCORE funds (Select Committee on Recycling and the
Environment) .
11. INDEMNIFICATION. The County agrees to indemnify, defend, and hold the Municipality
harmless from all claims, demands, and causes of action of any kind or character, including the
cost of defense thereof, resulting from the acts or omissions of its public officials, officers,
agents, employees, and contractors relating to activities performed by the County under this
Agreement.
The Municipality agrees to indemnify, defend, and hold the County harmless from all claims,
demands, and causes of action of any kind or character, including the cost of defense thereof,
resulting from the acts or omissions of its public officials, officers, agents, employees, and
contractors relating to activities performed by the Municipality under this Agreement.
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The provisions of this subdivision shall survive the termination or expiration of the term of this
Agreement.
12.
TERMINATION. This Agreement may be terminated by mutual written agreement of the
parties or by either party, with or without cause, by giving not less than seven (7) days written
notice, delivered by mail or in person to the other party, specifying the date of termination. If
this Agreement is terminated, assets acquired in whole or in part with funds provided under this
Agreement shall be the property of the Municipality so long as said assets are used by the
Municipality for the purpose of a landfill abatement program approved by the County.
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IN WITNESS WHEREOF, the parties hereunto set their hands as of the dates first written
above:
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COUNTY OF At"JOKA
CITY OF ANDOVER
By:
By:
Dan Erhart. Chairman
Anoka County Board of Commissioners
Name:
Date:
Title:
Date:
ATTEST:
)
John "Jay" McLinden
County Administrator
Municipality's Clerk
Date:
Date:
Approved as to form and legality:
Approved as to form and legality:
Assistant County Attorney
m:\I'Ml\carolyn\96muni.agr
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
J
DATE June 4.1996
AGENDA SECTION
ADMINISTRATION
Richard Fursman
Non-Discussion Item
I
I ITEM NO. ..?.7.
' Personnel Policy
REQUEST:
The City Council is requested to consider passage of the Personnel Policy as
presented. The new policy includes changes as approved by the City Council
at the May 7 meeting. The areas of considerable discussion were modified in
the sections known as Annual Leave and Compensatory Time. Other minor
changes such as grammar, tenses, and numeration, were also done.
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
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DATE:
June 4, 1996
AGENDA SECTION
Non-Discussion/Consent Item
ORIGINATING DEPARTMENT
Scott ~rick~on, ~ [
Englneenng qj
ITEM NO.
Approve PaymenUBunker Lake Boulevard NW/
93-30/Eminent Domain/Right-of-Way
07..3 .
The City Council is requested to approve payment to the property owners for the land
purchased in the Bunker Lake Boulevard Eminent Domain process. The awards are identified
in the Report of Commissioners and Mr. William Hawkin's letter dated May 21, 1996. Also,
you will note that an appeal was filed for the parcel owned by Edward Prater.
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05/30/96
10:29
LAW OFFICES 2140 4TH AVE ~ 755 8923
NO. 244
[;J01
LAw OI'l'lCE3 Or
) William G. Hawkins and Associates
WILl.IAM C. HAWKINS
BARRY A. SULLIvAN
LrgnJ /!S:/;Sf(1ttl
WJ;:NOY B. O~ZIOLAR
2140 FOURTH AVENUE NOItTH
ANOICA, MINNESOTA SSJ03
PHONE (612) 421-88n
May 21, 1996
Mr. Scott Erickson
Andover City Hall
1685 Crosstown Blvd.
Andover, MN 55304
Re~ Bunker Lake Boulevard Eminent Domain
Dear Scott:
The (Ippeal period has expired for lhe property owners on lhe Bunker lake Boulevard
improvement. The only property owner who has filed an appeal was Edward Prater.
Accordingly. we now are obligated to make final payments on all of the parcels that
have not appealed., I am therefore writing to request that you have the city council
aUlhorize payment at their first meeting in June In accordance with my letter of April
/ 12, 1996 to you. The following amounts would be appropriate adding l:1ccrued
interest due by law. The parties listed on the checks should be as stated in my letter
of Aoril10. I would like a separate check for .each parcel that I have listed:
1. Parcel 1: $15,804.47
2. Porce! 2: $20,374.27
3. Parcel 3: $50,239.58
4. Parcel 4: $ 4,886.55
5. Parcel 5~ $13,056.14
6. Parcel 6: $ 5,491.00
Also, we are obligated to pay the Praters ~ of the commissioners' award pending thQ
appeal. I would therefore ask that a check be issued payable for parcel 11 in the
amount of $13,500.00.
Please return those checks to me Immediately after council approval.
William G. Hawkins
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LAW OFFICES OF
J William G. Hawkins and Associates
WILLIAM G. HAWKINS
BARRY A. SULLIVAN
l.('~ul A,sislul/I
WENDY B. DEZELAR
2140 FOURTH AVENUE NORTH
ANOKA. MINNESOTA 55303
PHONE (612) 427-8877
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April 12, 1996
APR 1 ':::ggF.
err-,
Mr. Scott Erickson
City of Andover
1685 Crosstown Blvd
Andover, MN 55304
Re: Bunker Lake Boulevard Eminent Domain
Dear Scott:
\
Enclosed please find a copy of the Report of Commissioners indicating the values that
were assigned by the commissioners following our hearing. Most of the awards were
within a couple thousand dollars of the offers that were made to the property owners.
Parcel 3 was the only one where the commissioners increased the award substantially
above the city's appraisal. It appears that the total amount of the awards was
approximately in the middle between what the city's appraisals were and the demands
of the property owners.
/
In accordance with the awards, I would request that you have checks issued and
approved by the city council to the following individuals in these amounts:
Parcel 1: Kottkes' Bus Service, Inc. $14,700.00
Parcel 2: Kottkes' Bw~ Sl3rvice, Inc.,
Norwest Bank Minnesota, N.A. $18,940.00
Parcel 3: Kottkes' Bus Service, Inc.,
Norwest Bank Minnesota, N.A. $46,650.00
Parcel 4: Kottkes' Bus Service, Inc.,
Norwest Bank Minnesota, N.A. $ 4,570.00
Parcel 5: ABC Mini Storage, Inc.,
Norwest Bank Minnesota, N.A. $12,150.00
Parcel 6: Murphy Oil USA $14,860.00
Parcel 7: John Imre and Sheila Imre and
Steve Bendtsen $ 500.00
,J Parcel 11 : Edward J. Prater and Jean A. Prater $18,000.00
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Mr. Scott Erickson
April 12, 1996
Page 2
Please send the checks to me and I will see to it that they are sent to the appropriate
property owners. Please contact me if you have any questions or comments.
~~erel~, ,
~aWk;ns
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STATE OF MINNESOTA
DISTRICT COURT
COUNTY OF ANOKA
TENTH JUDICIAL DISTRICT
CASE TYPE: CONDEMNATION 2
City of Andover, Anoka County,
State of Minnesota,
Petitioner,
vs.
. REPORT OF
COMMISSIONERS
Kottkes' Bus Service, Inc., a Minnesota corporation, Norwest Bank Minnesota, N.A.,
f/k/a First National Bank in Anoka; ABC Mini Storage. Inc.; Murphy Oil USA, Inc., a
Delaware corporation; John Imre, Sheila Imre, Steve Paul Bendtsen; Edward J. Prater,
Jean A. Prater, Northeast State Bank of Minneapolis; and County of Anoka,
Respondents.
File No. C5-95-9406
IN THE MATTER OF THE CONDEMNATION
OF CERTAIN LANDS FOR CITY STREET AND UTILITY PURPOSES
REPORT OF COMMISSIONERS
TO THE COURT ABOVE NAMED:
The undersigned commissioners appointed by this Court in the above-
entitled action by Order of the Court dated November 23. 1995, do hereby report as
follows:
I.
That we met at the time and place appointed by this Court therefore, to-
wit:. at the office of the Clerk of District Court in the Anoka County Courthouse,
...h J /99;
Anoka, Minnesota, on the ~.0 day of A{"'J . , 1-9&6, and severally took
the oath prescribed by law.
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II.
That after we gave written notice to the respondents named there, we
then viewed the premises described in said Petition. Upon written notice being given
to the persons interested, we held public hearings at the Andover City Hall, Andover,
Minnesota, from time to time, and heard the persons interested who appeared and
asked to be heard.
III.
We have appraised the value of the lands so proposed to be taken and
the damages sustained by the several respondents by reason of the taking thereof, and
the same are as follows:
(See attached partial list of parcels and awards)
IV.
We further report that in the performance of our duties as commissioners
we were occupied:
/'//4L/c_ ft/<I'c'.c: 9 days ~5y' miles
~(:)(tl; R. P rz.1l5iLc,M... [3 days 9( miles
j/lflgk;t)( &t) j#t;f:1iJn B days ;?-5P miles
See attached voucher for individual claims.
Dated this 4,i'"/.} day o~~a.-;J (I L
,
, 1996.
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Commissioner
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PARTIAL AWARDS
AMOUNT
CONDEMNATION PARCEL NO.1
Interested Parties: $ /Y .;/00.00
Kottkes' Bus Service, Inc., a
Minnesota corporation; Anoka County
SEVERANCE: $ -6--
APPRAISAL FEE: $ _-5>00. <10
TOTAL AWARD: $ / Y 700. aD
CONDEMNATION PARCEL NO.2
Interested Parties: $ /Y 7/'/0.0-'"
.
Kottkes' Bus Service, Inc., a
Minnesota corporation; Norwest Bank
Minnesota, N.A., f/k/a First National
Bank in Anoka; Anoka County
SEVERANCE: $ -6-
APPRAISAL FEE: $ :-::,ZJ o. 00
TOTAL AWARD: $ /,'r7"=';r'CJ. 00
CONDEMNATION PARCEL NO.3
Interested Parties: $ 3~, 900.00
Kottkes' Bus Service, Inc., a
Minnesota corporation; Norwest Bank
Minnesota, N.A., f/k/a First National
Bank in Anoka; Anoka County
SEVERANCE: $ r; .;? ..S7I Oi)
APPRAISAL FEE: $ ::;:; 00.00
TOTAL AWARD: $ Y?, ~:~)z,. <v
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CONDEMNATION PARCEL NO.4
Interested Parties: $ 7"c? 70_ (7V
Kottkes' Bus Service, Inc., a
Minnesota corporation; Norwest Bank
Minnesota, N.A., f/k/a First National
Bank in Anoka; Anoka County
SEVERANCE: $ .&
APPRAISAL FEE: $ 5Z)cJ. Or)
TOTAL AWARD: $ "Y s'70- 00
CONDEMNATION PARCEL NO.5
Interested Parties: $ 9;250- 0 0
ABC Mini Storage, h;c.; Norwest Bank
Minnesota, N.A., f/k/a First National
Bank in Anoka; Anoka County
SEVERANCE: $ ~ Yoo- tf(}
APPRAISAL FEE: $ 4d tJ. 00
TOTAL AWARD: $ /~ /53.0"
CONDEMNATION PARCEL NO.6
Interested Parties: $ /7" J t.- 0, 00
,
Murphy Oil USA, a Delaware
corporation; Anoka County
SEVERANCE: $ --&
APPRAISAL FEE: $ '-&-
TOTAL ft.WARD: $ / / Yi.' .
S-:, ,&,0.0(;
CONDEMNATION PARCEL NO.7
Interested Parties: $ ~O() CJO
John Imre and Sheila M. Imre; Steve
Paul Bendtsen; Anoka County
SEVERANCE: $ .--6-
APPRAISAL FEE: $ .~
TOTAL AWARD: $ SOt), 0 i)
) CONDEMNATION PARCEL NO. 11
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Interested Parties:
Edward J. Prater and Jean A. Prater;
Anoka County
SEVERANCE:
APPRAISAL FEE:
TOTAL AWARD:
$ ~~.5ZJ. 00
$ /y ['"-.50. (.In
$ .=,"Z) o. ,[ (')
$ /8"C)cc.ot:J
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
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DATE: June 4, 1996
AGENDA SECTION
Non-Discussion/Consent Item
ORIGINATING DEPARTMENT
Todd J. Haas'-./~
Parks ~
ITEM NO.
Accept ResignationlDavid Erickson/
Park & d4~ation Commission
The City Council is requested to accept the resignation from David Erickson from the Park and
Recreation Commission. Attached is the resignation.
We are in the process of advertising for a new commissioner. Applications will be presented
to the City Council at a future meeting.
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May 30. 1996
;1,1.4 Y 2 9 1993
CiTy ~}r""'I\JUOVER
Mr. Todd 1. Haas
City of Andover
1685 Crosstown Boulevard NW
Andover. MN 55304
I:" _
Mr. Haas.
Effective immediately I am resigning from the Andover Park Commission. In good
conscience I can not be on a commission of a city where the governing body allows for the
destruction of trees and wildlife habitat
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE:
June 4 1996
AGENDA SECTION
ADD-ON TO ITEM 17
ORIGINATING DEPARTMENT
. Sco~t Erickson'~l
Engmeenng
ITEM NO.
Approve Quotes/96-13/Miscellaneous
Storm Sewer Maintenance
17.
The City Council is requested to approve the quotation for storm sewer maintenance, Project
96-13, with Doug Montague Construction in the amount of $2,700.22. The quotations
received were as follows:
1. Doug Montague Construction
$2,700.22
2. North End Landscaping
$4,800.00
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE:
June 4 1996
AGENDA SECTION
ADD-ON TO ITEM 23
ORIGINATING DEPARTMENT
Scott ~rick~on, Jjt
Engmeerlng
ITEM NO.
Approve Payment/Bunker Lake Boulevard NWI
93-30/Eminent Domain/Right-of-Way
23.
The City Council is requested to include the purchase of Parcel 7 with Item 23 on the June 4,
1996, council agenda.
The City Council is requested to approve the purchase of Parcel 7 in the amount of $500.00 to
John Imre and Sheila Imre and Steve Bendtsen as a part of the Bunker Lake Blvd. Eminent
Domain process.
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
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DATE: June 4. 1996
AGENDA SECTION
ADD-ON
ORIGINATING DEPARTMENT
Scott Erickson, h[
Engineering tV
ITEM NO.
Approve Change Order #1/93-7/City Hall Park
Complex #2/1rrigation
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The City Council is requested to approve the resolution approving Change Order #1 to Project
93-7, City Hall Park Complex #2/1rrigation in the amount not to exceed $2,100.00.
The Park and Recreation Commission has requested an irrigation line be installed in the
boulevard between the new parking lot and Crosstown Boulevard NW.
The funding for this project is from Park Dedication funds.
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CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
MOTION by Councilmember
to adopt the following:
A RESOLUTION APPROVING CHANGE ORDER #-1- TO PROJECT NO.
93-7, CITY HALL PARK COMPLEX #2/1RRIGATION .
WHEREAS, the City of Andover has a contract for Project No. 93-7 with
Mickman Brother Nurseries of Anoka MN.
NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to
hereby approve the change order to Project No. 93-7.
MOTION seconded by Councilmember
and adopted by the
City Council at a regular meeting this 6th day of June, 19~,
with Council members
voting in favor of the resolution, and Councilmembers
voting against, whereupon said resolution was passed.
CITY OF ANDOVER
ATTEST:
J.E. McKelvey - Mayor
Victoria Volk - City Clerk
#..
PETITION
'6
To: City of Andover
Re: Proposed continuation of Argon St., north of 16800, into the new
Woodland development.
We, the undersigned, would like to voice our objection to the proposed continuation of
Argon St. NW. into the new Woodland development. We are not in opposition to the
development of said property, but we do not wish to have our neighborhood
connected to it and used as a travel route.
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Address
#of children
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PETITION
To: City of Andover
Re: Proposed continuation of Argon St., north of 16800, into the new
Woodland development.
We, the undersigned, would like to voice our objection to the proposed continuation of
Argon 81. N.W. into the new Woodland development. We are not in opposition to the
development of said property, but we do not wish to have our neighborhood
connected to it and used as a travel route.
Name
Address
)C9iS1 \\
Hof children
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PETITION
To: City of Andover
Re: Proposed continuation of Argon St., north of 16800, into the new
Woodland development.
We, the undersigned, would like to voice our objection to the proposed continuation of
Argon St. N.W. into the new Woodland development. We are not in opposition to the
development of said property, but we do not wish to have our neighborhood
connected to it and used as a travel route.
Address
#of children
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PETITION
To: City of Andover
Re: Proposed continuation of Argon St., north of 16800, into the new
Woodland development.
We, the undersigned, would like to voice our objection to the proposed continuation ot
Argon 8t. N.W. into the new Woodland development. We are!lQ1 in opposition to the
development ot said property, but we do not wish to have our neighborhood
connected to it and used as a travel route.
Hot children
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PETITION
To: City of Andover
Re: Proposed continuation of Argon St., north of 16800, into the new
Woodland development.
We, the undersigned, would like to voice our objection to the proposed continuation ot
Argon St. N.W. into the new Woodland development. We are not in opposition to the
development ot said property, but we do not wish to have our neighborhood
connected to it and used as a travel route.
Name
Address
Hot children
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PETITION
To: City of Andover
Re: Proposed continuation of Argon St., north of 16800, into the new
Woodland development.
We, the undersigned, would like to voice our objection to the proposed continuation ot
Argon St. N.W. into the new Woodland development. We are not in opposition to the
development of said property, but we do not wish to have our neighborhood
connected to it and used as a travel route.
Name
Address
Hot children
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PETITION
To: City of Andover
Re: Proposed continuation of Argon St., north of 16800, into the new
Woodland development.
We, the undersigned, would like to voice our objection to the proposed continuation at
Argon St. N.W. into the new Woodland development. We are!lQ1 in opposition to the
development ot said property, but we do not wish to have our neighborhood
connected to it and used as a travel route.
Name
Address
Hot children
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MR. MAYOR AND COUNCIL MEMBERS:
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REGARDING THE OPENING OF ARGON STREET WITH THE PROPOSED TIMBER
RIVER ESTATES ADDITION: YOU AND THE COUNCIL HAVE BEEN GIVEN A
SIGNED PETITION FROM THE RESIDENTS OF STACK ESTATES EXPRESSING OUR
OBJECTION TO THIS ROAD CHANGE PROPOSAL. WE ARE NOT OPPOSED TO THE
DEVELOPMENT, JUST THE CUL-DU-SAC CHANGE. WE HAVE A LIST OF REASONS
WHY WE DO NOT FEEL THIS CHANGE WOULD BE IN OUR BEST INTEREST:
1. INCREASED TRAFFIC, MAINLY ON 165TH AVENUE AND ARGON STREET,
EXPOSING OUR RESIDENTS (ESPECIALLY CHILDREN) TO MORE SAFETY
HAZARDS. WE ALREADY HAVE PROBLEMS WITH TOO MUCH TRAFFIC ON
165TH AND DAMAGE TO PERSONAL PROPERTY BECAUSE OF IT.
2. ADDITIONAL TRAFFIC WOULD CAUSE INCREASED WEAR AND TEAR ON OUR
STREETS, WITH IMPROVEMENTS THAT MAY NOT BE NEEDED AS SOON. WHO
WOULD BE CHARGED FOR THOSE IMPROVEMENTS?
3. WHO WOULD PAY FOR THE CONNECTION AND THE UPGRADING OF THE
CURRENT ROADS IF THE CUL-DU-SAC WERE CHANGED TO A THROUGH
STREET?
4. REGARDING: ROAD MAINTENANCE, MAINLY SNOWPLOWING, OUR
NEIGHBORHOOD APPEARS TO BE ON THE END OF THE SNOW ROUTE NOW,
WHAT DIFFERENCE DOES IT MAKE IF WE HAVE TO WAIT A FEW HOURS
LONGER? WE ARE WILLING TO ENDURE THAT INCONVENIENCE.
5. REGARDING: WITH FIRE AND EMERGENCY SERVICES, THERE HAS NEVER
BEEN A TIME WHEN WE DID NOT RECEIVE PROMPT SERVICE IN THESE
AREAS, WE DON'T FEEL THE CHANGING OF THE CUL-DU-SAC WOULD MAKE
THAT ANY BETTER.
6. HAS ANYONE CHECKED WITH ENVIRONMENTAL AGENCIES TO SEE IF THE
LAND ADJECENT TO THE CUL-DU-SAC AREA MAY BE HOME TO ANY
ENDANGERED SPECIES? WE CURRENTLY HAVE MANY DIFFERENT SPECIES
OF HAWKS ALONG THE RIVER, IT WOULD BE A SHAME TO LOSE THEM JUST
BECAUSE OF A ROAD.
7. PROMISES WERE MADE TO MANY RESIDENTS, BY THE CITY, WHEN THEY
BOUGHT PROPERTY HERE 20 TO 25 YEARS AGO THAT 165TH WOULD ALWAYS
BE THE ONLY OUTLET TO ROANOKE (7TH AVENUE). DON'T THOSE
PROMISES APPLY ANY MORE?
8. MANY COMMENTS HAVE BEEN MADE BY RESIDENTS OF THE NEIGHBORHOOD
THAT THEY FEEL SAFER WITH ONLY ONE OUTLET TO ROANOKE.
9. LASTLY, IF THE CUL-DU-SAC IS CHANGED TO A THROUGH STREET, WE
AS RESIDENTS, BELIEVE IT WILL ALSO BECOME A NEW TRAVEL ROUTE
FOR TEENS TO HAVE PARTIES AT THE PROPOSED PARK.
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BELOW IS A LIST OF ADDITIONAL CONCERNS REGARDING THE EFFECTS OF THE
DEVELOPMENT ON OUR NEIGHBORHOOD WHETHER THE CUL-DU-SAC IS OPENED
TO A THROUGH STREET OR NOT:
..
1. IF THE WATER AND SEPTIC SYSTEM CODES WERE NOT STRICTLY
CONFORMED TO, BY THE DEVELOPER, IT COULD CAUSE CITY WATER AND
SEWER TO BE BROUGHT INTO THAT AREA AND OURS FAR SOONER THAN
NECESSARY.
2. WATERSHED PROBLEMS DUE TO DRAINAGE FROM THE NEW ADDITION (WE
HAVE HAD PROBLEMS IN THE PAST DUE TO THAT LAND).
3. LOSS OF WETLANDS! YES, ONLY A SMALL AREA IS IN DISCUSSION BUT,
WHY DESTROY IT JUST FOR HUMAN CONVENIENCE. WHEN DO WE CONSIDER
OUR EARTH AND FUTURE?
4. AT THE LAST COUNSEL MEETING YOU STATED THAT CUL-DU-SAC I S
PRESENTED A PROBLEM FOR SNOW PLOWING AND FIRE TRUCKS AND THAT
BY MAKING ARGON A THROUGH STREET THAT WOULD CORRECT THAT
PROBLEM, BUT IN THE TIMBER RIVER PROPOSAL SKETCH THERE ARE
THREE NEW CUL-DU-SACS. THAT SEEMS CONTRADICTORY.
5. PER THE SKETCH PLAN, RIVER LOTS WOULD BE 4 ACRES IN SIZE AND
OTHER LOTS WOULD BE ONE ACRE WITH A MINIMUM AVERAGE OF 2.2
ACRES. ISN'T THIS A VIOLATION OF THE CITY ORDINANCE THAT
STATES ALL NONS EWER AND WATER LOTS BE A MINIMUM OF 2.5 ACRES?
THERE MAY BE ADDITIONAL ISSUES THAT OTHER RESIDENTS OF OUR ADDITION
MAY WISH TO MENTION.
LASTLY, I THINK I CAN SAY FOR ALL THE RESIDENTS OF STACK ESTATES
THAT WE LIKE OUR NEIGHBORHOOD JUST THE WAY IT IS AND CONSIDER IT
"A LITTLE BIT OF HEAVEN". WE DO NOT WANT YOU TO CHANGE ARGON
STREET!
MR. MAYOR, WE ALSO WISH TO INFORM YOU AND THE COUNCIL THAT WE PLAN
TO PRESENT OUR PETITION AND LIST OF CONCERNS TO MR. CARLBERG OF
THE PLANNING AND DEVELOPMENT DEPARTMENT.
THANK YOU FOR LISTENING TO OUR CONCERNS!
MR. MAYOR, IS THERE ANYTHING ELSE ON THE AGENDA TONIGHT REGARDING
THE TIMBER RIVER ESTATES ADDITION OR THE ARGON CUL-DU-SAC THAT
WOULD AFFECT OUR NEIGHBORHOOD?
DATE June 4. 1996
ITEMS GIVEN TO THE CITY COUNCIL
Planning and Zoning Commission Minutes - May 14. 1996
Park and Recreation Commission Minutes - May 16 1996
City Council Minutes - May 21. 1996
Economic Development Authority Minutes - May 21 1996
Letter from Richard Clark MN Dept. of Health - May 28 1996
Memo from R. Thompson. Met Council - May 28. 1996
Memo from Dick Fursman - May 30 1996
Ordinance No. 69B
Ordinance No, 80000
Ordinance No. 8PPPP
New Development Status Report Map
Schedule of Bills
PLEASE ADDRESS THESE ITEMS AT THIS MEETING OR PUT THEM ON
THE NEXT AGENDA.
THANK YOU.
~
,
m
Minnesota Department of Health
121 East Seventh Place
P.O. Box 64975
St. Paul, MN 55164-0975
'i C- Lfi;
I....... J
(:/
HAY 2 8 1996
Andover City Council
c/o Ms. Vicki Volk. City Clerk
1685 Crosstown Boulevard
Andover. Minnesota 55304-2612
Dear Council Members:
Subject: Andover Municioal Water Suoolv. Anoka County. PWSID 1020034
We are enclosing a copy of the report of our district office covering a
routine inspection of your community water supply.
The Minnesota Department of Health is monitoring your public water supply
system for contaminants required by state and federal drinking water rules.
However. the results of the monitoring will no longer be part of this
investigation report but will be sent to you under separate cover as they
become available.
If you have any questions concerning the information contained in this report.
please contact Mr. Robert Smude. Public Health Engineer at 612/215-0766.
Sincerely.
,-?~~
Richard D. Clark. P.E.. Supervisor
Public Water Supply Unit
Section of Drinking Water Protection
RDC:RHS:jam
Enclosure
cc: Water Superintendent
TOD: (612) 623-5522 (Twin Cities) 1-800-627-3529 (Greater Minnesota)
An Equal Opportunity Employer
,
.
MINNESOTA DEPARTMENT OF HEALTH
REPORT ON INVESTIGATION OF PUBLIC WATER SUPPLY
Name of Water Supply pws 10 Number
Andover Municipal Water Supply 1020034
Street Telephone Numbers:
1685 Crosstown Boulevard City: 755-5100
City State Zip Code Operator: 755-8118
Andover MN 55303 Engineer: 755-5100
County District Other:
Anoka Metro North
Water Superintendent Classification Plant Classification Owner Type
Frank Stone C C Municipal
Other Operators Classification Plant Type Plumbing Permits and 1&1 0
Brian Kraabel, Supv. B Community Inspections Required Yes No
Ray Sowoda D William Kellennan N.C. Date of Previous Survey Date of Survey
Scott Protivinsky C
Tom Johnson D 08/09/94 03/05/96
City Engineer
TKDA
SERVICE AREA CHARACTERISTICS
!XI Municipal o School or College o Recreation Area
o Mobile Home Park o Hotel/Motel o Campground
o Company Town o Resort o Housing Development
o Institution o Restaurant o Other
Population Served Service Connections Storage Capacity: lIist separately)
10 234 3110 7,500-gallon hydro pneumatic taID
Design Capacity (gal/day) Average Daily Production (gal/day) (standby)
5 256 000 1 054 000 500,000-gallon elevated tank
Emergency Capacity (gallday) Highest Daily Production (gal/day) 1,000,000-gallon elevated tank
0 4 349 000 Total: 1 500 000 l!allons
TREATMENT WELL DATA
c: c <; c: '0 = ~ ~
" c: c: .g .g .!! ~ C.
'0 0 '0 c: ~ Cl. c: ~ 0; c: "
0 ~ .g .g .. U c: 0 .9 " c: > Cl.
U C c: 0 01 .. .. c " Cl. 0 " ~ >
" c: .. c ';:; c: oll 'c ... .. Ci ....I " C).~ ....I 0 f-
" :c " ~ :; = .g o ~ 'c 0 :2 .E 01 c: C ~ c: .. '0
" -"! 'E 01 E .~ .~ ~ :l E a; go c: " e'c E .g ~ Cl.
:; 'iij 'in ~ .. '0 ~ g:a '0 .. E <; ~ ;;; '~ 'in " " .. .. ~ .. .. E
0 > is " 0 = o ~ .. :0 (5 " ~ .. u :;: :;: " 0 en 0 :0
Source Name II) <( <( u II) u:: Uen II) f- <( u: > U U en lD'" 0..
1/171011 G P Dc Kc. Va 1981 14 368 601 Mt. Simoo 38 35 VT
Hinckley 850
2/415932 G P Dc Kc Va 1986 16 387 525 Hinckley 39 27 VT
850
3/431683 G P Dc Kc Va 1987 18 447 547 Hinckley 54 44 VT
950
4/516065 G P Dc Kc Va 1993 24 145 332 lronton 16 31 VT
Galesville 1000
5/559342 G P Dc Kc Va 1995 24 144 335 Francoola lroob 38 12
Galesvllle
Remarks:
.Feed Rite #5
WellS will become operable in May 1996. Surveyed by: Robert H. Smude
Wells 4 & 5 will share a combined discharge point at Pumphouse No.4. Approved by:
Wells 1,2,3 & 5 were not able to sampled at the time of the survey.
.
.
Andover Municipal Water Supply
PWSID 1020034
March 5. 1996
Recommendations:
1. A free chlorine residual of at least 0.2 to 0.5 milligrams per liter
should be maintained on all points of the distribution system.
2
All threaded hose bibbs in the pumphouses should have vacuum breakers
installed on them.
3
The opportunity for additional training in water supply work should be
made available to the operator(s). Attendance at the annual waterworks
operators seminar. held in the area. is a valuable experience for anyone
engaged in this field.
I '
[) 7 L 'I \)
1.1i4~)r t/ "lJ,~ft-
Robert H. Smude. P.E.
Public Water Supply Unit
Section of Drinking Water Protection
. ".....
MINNESOTA DEPARTMENT OF HEALTH
SECTION OF DRINKING WATER PROTECTION
PUBLIC WATER SUPPLY UNIT
REPORT OF COllLERT BACTERIOLOGICAL RESULTS
AND CHLORINE RESIDUAL
SAMPLED BY: Robert Smude
DATE: 03/05/96
PUBLIC WATER SUPPLY: Andover
PWSID: 1020034
SAMPLE RESULTS
FIELD OR SAHPLI NG CHLORINE/RESIDUAl COLIFORM BACTERIA E. COLI
lAB NUMBER LOCATION FREE/TOTAL (mq/ll ABSENT PRESENT ABSENT PRESENT
9603659 Bill' Superette 0.0 ppm X
9603660 Grace Church 0.0 ppm X
9603658 Well 4 X
COMMENTS:
"
CITY OF .-\;\iDOVER
COUNTY OF ANOKA
STATE OF ~IINNESOTA
)
ORDINANCE NO. 698
AN ORDINANCE AMENDING ORDINANCE NO, 69, KNOWN AS THE OPEN BURNING
ORDINANCE.
The City Council of the City of Andover hereby ordains:
Ordinance No, 69 is amended as follows:
Section 3, Exemptions
a. Recreational fires. Rules and Regulations
Recreational fires are allowed but subiect to the following limitations:
Burning will be allowed from 5:00 p,m, until 1:00 a.ffi. Recreational fires will not be allowed for
more than three consecutive days at the same property or location,
'\
,/ The fire is to be attended at all times bv a responsible person who understands the rules for
burning and who can also use the extinguishing equipment that must be present. An attendant
shall supervise the burning material until the fire has been properly extinguished, Shovels. buckets
of water and a garden hose are considered proper equipment.
The fire can be no larger than 3 feet x 2 feet and flames no higher than 3 feet, Large bon fires are
not permitted,
The fire must be constructed in a "fire ring" and/or pit at least 25 feet away from anv structure,
The wind speed must be below 10 miles per hour,
Flammable liquids mav not be used to start any recreational fire,
If a burning ban is in effect. all recreational fires are prohibited,
Only clean. dried wood (similar to what is burned in a living room fireplace) or charcoal is
permitted to be burned, Absolutelv no grass. leaves. or brush is allowed to be burned,
j
The following are prohibited materials and cannot be burned:
r'- '\
\. Tires. rubber or rubber products
2. Chemicallv treated lumber
3, Railroad ties. telephone poles
4. Plastic pesticide or herbicide containers
5, Chemicals of any kind
6. Plastic liners in seed. feed. or pesticide bags
7. Any plastic containers or other household waste
8, Tar paper. shingles. or other asphalt materials
9, Insulation
10, Composition board or sheet rock
1\, Construction materials
12, Wiring. insulation on wiring. or cable
13, Hazardous waste (including household hazardous waste)
14, Commercial or institutional structures
15, Paint or paint filters
16, Used motor oil or other petroleum-based liquids
17 , Vehicles. motors. or parts of vehicles or motors
18. Furniture
19, Other items or materials as determined by the Fire Chief to not be appropriate
Violations of any of the above rules will result in the immediate extinguishment of the fire, These
and any other violation of the open burning laws could result in loss of the right to have
recreational fires and may result in a citation
~J
Adopted by the City Council this 21 st day of May 1996,
CITY OF ANDOVER
Attest:
[). t )/l c/ t:l~tl
~/E. McKelvey - Mayor (1
AA.:t~ iJ~'
Victoria V olk - City Clerk
: 'J
/
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO. 80000
AN ORDINANCE AMENDING ORDINANCE NO.8, KNOWN AS THE ZONING
ORDINANCE OF THE CITY OF ANDOVER.
THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS:
Ordinance No.8, is hereby amended as follows:
Section 3.02 Definitions
'\
J
Density Zoning: Density zoning shall be interpreted to mean the permission oflower
density (lot areas) standards under conditions whereby the number of dwelling units
permitted is not greater than permitted by the application of the regular provisions of the
Zoning District, but with all land excluded from the lot area requirements added onto
public or semi-public open space (park, playground, school site, walkway or other
approved open space. The City Council may increase the density under the
application and provisions of Ordinance No. 112. An Ordinance Regulating Planned
Unit Developments.
Planned Unit Development: .\n urban !levelopment A development having two (2) or
more principal uses or structures on a single lot or parcel of land and developed
according to an approved plan. Planned Unit Developments shall include all
developments ha\iat; two (2) or nlOre principal uses or structures on a single parcel of
land which shall iaell:lde townhouses, mobile homes, modular homes, 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, churches and church schools,
schools, industrial cElm.ple~(es. commercial developments, industrial developments, mixed
residential and commercial developments and similar projects.
Section 4.18 Planned Unit Developments
Delete entire Section and replace with the following:
Shall he regulated as specified in Ordinance No. 112. An Ordinance Regulating
Planned Unit Developments (PUD).
/
,,-\
Page Two
Amend Ordinance No.8
May 7, 1996
Section 4.20 Density Zoning
Single-family homes may be excluded from lot area and setback requirements provided a
Special Use Permit is issued under the terms and requirements of this Ordinance and
Ordinance No, 112. An Ordinance Re~latin~ Planned Unit Developments.
In the alternative, the City Council may require all land so excluded from the lot area to
remain in private ownership as provided in Ordinance No 112. An Ordinance Re~latin~
Planned Unit Developments. , but reql:lire the ov.ner to reeord restricti':e eo':enaats, iR
fa'lor of the City "'Bieh prohibit the deyelopment of such property until such time as
public utilities are available.
Section 6.02 Minimum District Requirements
All references to Planned Unit Development shall be deleted from this Section including
the minimum requirements regulated by Planned Unit Development in the R-4 and R-S
Districts as indicated by a * symbol.
" \
/
NOTE: All other Sections of the Zoning Ordinance Shall remain as \\Titten and adopted
by the City Council of the City of Andover.
Adopted by the City Council of the City of Andover this _lth_ day of _~_,
1996.
CITY OF ANDOVER
~.i ).?' 1 .~ ,." /
--- '_ /,</<.'. -( J .L L'-,,"
ATTEST: "J.E. McKelvey, Mayor
/i -r' ~ >.,_/_'~~ '
.", ,~. --"
Victoria V olk, City Clerk
.- \,
, J
.. , ~-.,
, I
, ,
/
,
/
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO. 8ffff
AN ORDINANCE AMENDING ORDINANCE NO.8, KNOWN AS THE ZONING
ORDINANCE OF THE CITY OF ANDOVER.
THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS:
The District Zoning Map of the City of Andover is hereby amended as shown on the
attached map, showing the following rezoning:
The property legally described on Exhibit A is rezoned from R-l, Single Family Rural to
R-4, Single Family Urban
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 this 7th day of May ,1996.
ATTEST:
I~ "//
I' . Ii
I J UJ-/. ! 1- r / /
, ,L..{ {;' _ t,.-./
Victoria V olk, City Clerk
CITY OF ANDOVER
,1 i' I.~, J/ (
/-:. r c- //'~'_I.r,'i!.)4-<:"
, J.E. McKelvey, Mayor
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EXHIBIT A
I.a;M. DE:OUPTIrn
PARCEL l:
The Northeast Quarter of the Northwest Quarter, Section 36, Township 32, Range
24, Anoka County, Minnesota.
PARCEL 2:
All of Government lot 1 f Section 36, Township 32, Range 24, Anoka County,
Minnesota, lying east of, the centerline of Prairie Road and lying north of
the centerline of County Road No. 116.
PARCEL 3:
That part of Government lot 2, Section 36, Township 32, Range 24, Anoka County,
Minnesota, lying north of the centerline of Bw1ker Lake Boulevard.
PARCEL 4:
The North Half of the Northeast Quarter, Section 36, Township 32, Range
24, Anoka County, Minnesota.
PARCEL 5:
. '\
J
The Southwest Quarter of the Northeast Quarter, Section 36, Township 32, Range
24 f Anoka County, Minnesota, lying north of the centerline of Bunker Lake Boulevarc
except the following described property:
Cornnencing at the northeast corner of said Southwest Quarter of the Northeast
Quarter: thence on an assumed bearing of South 2 degrees 39 minutes 49 seconds
West, along the east line of said Southwest Quarter of the Northeast Quarter
a distance of 406.54 feet to the actual point of beginning: thence North 85
degrees 12 minutes 39 seconds West a distance of 330.00 feet; thence south
parallel with said east line to the centerline of B\mker Lake Blvd.; thence
South 85 degrees 12 mi.,utes 39 seconds East along said centerline to the
east line of said Southwest Quarter of the Northeast Quarter; thence North
2 degrees 39 minutes 49 seconds Fast along said east line to the actual point
of beginning.
PARCEl:. 6:
The Southeast Quarter of the Northeast Quarter, Section 36, Townsyuip 32, Range 24,
Anoka County, Minnesota, lying north of the centerline of Bunker Lake Blvd.
PARCEL 7:
'\
The West Half of the Southwest Quarter of the Northwest Quarter, Section 31,
Township 32, Range 23, Anoka County, Minnesota.
/
__ f ..
PARCEL B:
That part of the East Half of the East Half of the East Half of the Southeast ' ,
Quarter, Section 25, Township 32, Range 24, Anoka County, Minnesota, lying ,
southerly of a line drawn fran a point on the east line of said Southeast Quarter
distant 1282.23 feet southerly along said east line from the northeast corner of
said Southeast Quarter to a point on the westerly line of said East Half of
the East Half of the East Half of the Southeast Quarter distant 1257.33 feet
SOutherly along said westerly line from the northwest corner thereof. Being a
part of Lot 9, II AIJDI'IDR' S SUBDIVISION No. 141. II
.- \
PAPCEL 9:
The West Half of the East Half of the East Half of the Southeast Quarter,
Section 25, Township 32,'Range 24, Anoka County, Minnesota, except the north
673.01 feet thereof. Said tract is also known as part of Lot 8, AUDI'roR'S
SUBOIVISICN No. 141.
PARCEL 10:
That part of the East Half of the West Half of the East Half of the Southeast
Quarter, Section 25, Township 32, Range 24, Anoka County, Minnesota, lying.
south of the following described line:
Beginning at a point on the east line of said East Half of the West
Half of the East Half of the Southeast Quarter distant 1,357.17 feet
north along said east line frqn the southeast corner of the said East
Half of the West Half of the East Half of the Southeast Quarter, said
east line has an assurred bearing of North 0 degrees 10 minutes 59 seconds
West; thence North 89 degrees 47 minutes 29 seconds West a distance of
61.86 feet; thence North 81 degrees 30 minutes 36 seconds West a distance
of 112.20 feet; thence North 87 degrees 50 minutes 29 seconds VEst a
distance of 99.06 feet; thence South 76 degrees 00 minutes 22 seconds
VEst a distnace of 53.79 feet to the, west line of said East Half of the
West Half of the East Half of the Southeast Quarter and said line there
terminating.
(Said tract is also known as Lot 7, AIJDI'roR'S SUBDIVISION NO. 141).
r',
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MAY-30 96 15:37 FROM:
TO: 755 8923
PA(:E:01'08
(o.Ylllo
~
~
/' ~MetropoUtan Councll
~ WOfkl11gJor the Region. Planntngfor efte Future
~ Me"nP~rkCentno. 230e3SlP'lfthStreel, SI.~'auJ. MN 55101-1634 612291-6359. Mell1>lnt../JI'w! 229-3780, TODITIY 291-<l904 ~
Facsimile Cover Sheet
v
Time:
5/}o
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'3C'3~
c. I
"':
Date:
Cover Page + ~PaGes
Sent By:
~t1f50~
FIlX 612 291-6442
To: 'QqVE e.ttru ~12b'
Attention: II I.
Company: At)ooV~
location: it
Telephone: 1'55- ~1~~
Special Instruccions; .
~
A
MAY-30 96 15:37 FROM:
TO: 755 8923
PAiX::02'08
Community Development Committee Meeting of June 3, 1996
METROPOLITAN COUNCIL
Mcn.r:; Park Centre, 230 Enst Fifth Street, St, Paul, Minnesota 5510]
612 291.6359 TDD 612 291-0904
DATE: May 28, ] 996
TO: Metropolitan Council Community Development Committee
FROM: Comprehensive Planning (Richard Thompson, 291-6457)
SUBJECT: City of Andover Comprehensive Plan Amendment
MUSA Expansion--I,2IS Acres
Metropolitan Council Referral File No. 15796-8
Metropolitan Council District No, 9
EXEC~TIVES~RY
ISSUE: Should the Council inform the city of Andover that it may place its proposed ML'SA
Expansion into effect?
POLlCY IMPLICATIONS: The Regional Blueprint states that proposed MUSA expansions should
be justified ba,ed on supply and demand, staged and cause no adverse system impacts. The proposed
MUSA e1\pansion meets Ihese guidelines,
FUNDING Il\1PLICA TIONS: None
PREVIOUS ACTIONS: This MUSA e1\pansion is a continuation of review of the city's overall plan
revision review completed with the exception of the MUSA expansion in 1992. With adoption of this
plan amendment, the:: I:ity can place the overall plan into effect.
DlSCUSSlON; rhe city of Andover has submitted a MUSA expansion request for 1.215 acres.
There is adcquate capacity in the regional and local transportation system and sewerage system to
accommodate the proposed development.
RECOMMENDATIONS: That the M<::tropolitan Council:
I.
Adopt the findings and staff report as part of these recommendations.
'l
...
Inform the city of Andover that nO plan modification is necessary.
),
Recommend that thc dty design local sewer trunks with sufficicllt capadty to providc scrvice
to homes in existing unsewered developed areas, should on-site systems ultimately fail.
4,
Recommend that the city monitor development to a5sure that the projected gro\\1h occurs in
the TAZ's as agreed in the plan amendment.
MAY-30 96 15:37 FROM:
TO: 755 8923
PAGE: 03'08
METROPOLlT AN COUNCIL
Mears Park Centre, 230 East Fifth Street, St. Paul, Minnesota 5510 I
612291-6359 TOD 612 291-0904
DATE:
May 28, 1996
TO:
Metropolitan Council Community Development Committee
FROM:
Comprehen~ive Planning (Richard Thompson, 291-6457)
SUBJECT:
City of Andover Comprehensive Plan Amendment
Mt.:SA Expansion--l,215 Acres
Metropolitan Council Referral File No. 15796-8
Metropolitan Council District No.9
nESCRlPTJON OF THE PLAN AMENDMENT
The city of Andover has submitted a pllUl amendment to expand and stage development of Its
Metropolitan Urban Service area by 1,215 acres through the year 2010. The: pllln will stage
development for 1995-2000, 2000.2005 and 2005.20 I 0 with ~ta8in8 of sewer service to coincide with
development. There is adequate capacity in the regional sewer system and adequate capacity in the
regional transportation system.
BACKGROUND
Thi~ plan amendment was originally part of the city's overall plan revi~ion reviewed by the Council in
1992, At that time, the Council approved the plan with the exception of the MUSA expansion
reque~ted. Instead, the Council allowed a 'vfUSA e~>(pansion of 100 acres lUld required the city to
"revise its ordinance to specify that all on-site systems are to be inspected at least biennially by an
inspeclOr licensed and cenitied by the MPCA," The Council also recommended that the city
purticipute in a "joint city/county comprehensive traffic analysis thut evaluates the potential impact
planned land uses will have on TH 10."
Since that time the city has received many small, interim MUSA expansions tor residential
development, a new school and athletic fields, and a sheriff's substation. The city participated in a
joint study with the city of Ramsey and Anoka County which developed recommendations to handle
unticipated traffic demands associated with the proposed MUSA expansions. The city accepted and
endorsed those recommendations.
The city revised its on-site ordinance requiring biennial inspections of septic systems. However. the
city never implemented a biennial inspection program. The city agreed to participate in 8 study of
septic systems sponsored by the Mctropol itan Council and the city gencllIted datil on the age of its
septic :;ystems, causes for replacement, replacement rates etc. As a result of this agreement, Council
staff did not require the biennial inspection component at this time.This data was submitted to the
Council for use in its study, On March 19, 1996, the city adopted a resolution (See Attachment 1)
stating the city's intention to adopt the Amended Minnesota "Individual Sewage Treatment Systems
Standards, Chapter 7080" 110 later than January 1, 1997, one year earlier than required by the
Minnesota rolhnion Control Agency. The licensing requirement in the 1992 plan modification was
taken over by the MPCA in 1996.
MAY-30 96 15:38 FROM:
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PAG'::04'08
REGIO:SAL POLlCY ISSUES
The regional policy issues associated wil/llhis proposed MUSA expansion include land supply and
demand and impacts on regional transportation and sewer systems. The Regional Elueprint stlltes that
the Council will "use the following guidelines to ensure that orderly and contiguous development
occurs:
a, The C/.Iundl will support local comprehensil'e planning that cart;fully stages development.
The Andover plan amendment provides detailed staging of development by 5-year increments
through 2010.
b. Based on currently established year 2000 urban service area boundary. the extension of
wastewater treatment servi,'e will he limited tQ those communities already receiving .wme
service.
The city of Andover already receives sewer service.
c, ExpansiQn of a local urban service ari'a will b" allowed only where appropriate (17Jd $ufficient
regional wastewater treatment and transportation capacity exists or is planned to coincide with
the requested expansion.
Wastewater treatment capacity is sufficient to handle the proposed MUSA expansion. The
regional transportation system, with agreed upon improvements by the city of Andover, Is
sufficient to hAndle anticipated traffic from the proposed MUSA. expansion.
d. Amendmenl.~ to a loeaf governmelll's comprehen.rive plan will be the usuaf method of
reflecting ugreementf between the Council and the local government lor the provision of
regional urban services or urban service area boundary changes,
The plan amendment and Council action will form thc lLgrcemcnt between the Council and the
city of Andover for the provision of urban services and for the city's agreement to traffic
improvemcnts and adoption of "Individual Sewage Treatment Systems Standards, Chapter
7080 by January 1, 1997".
AUTHORITY TO REVIEW
The Metropolitan Land Use Planning Act of 1976 requires local units of government to submit
comprchensive plan amcndments to the Metropolitan Council for review (Minn. Stat. 473.864. subd. 2.
1978). The Act also gives the Council the authority to establish guidelines governing the amendment
review process (Minn. Stat. 473.854).
The city of Andover submitted its latest proposed comprehensive plan amendment on February 20,
1996. On April 24, 1996, the staff determined that the amendment presented a potential impact on the
metropolit,lIl sewerage system, The 6O-day review period will conclude on June 17, 1996.
FlNDLNGS
I. The city of Andover can justify adding 1,215 acres of land to its MUSA based on land supply
and demand.
2, The city has averaged 396 building permits over tne last five years, 85 percent of which have
been within the MUSA.
3
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PAG:::05'08
3, As part of the plan amendment, the city indicates it will implement a one-year staging policy
to be lIsed within the five-year stages.
4, TIle propos<:d flow from the MUSA e1<pansions are proposed to be served through the Coon
Rapids Interceptor, which is adequate to handle the proposed flow,
5, There i~ adequate treannent capacity at the Metropolitan Wastewater Treannent Plant to handle
the proposed sewage flow.
6, TIlc city hie; adoptcd the Council'slnlerim Strategy to Reduce Nonpoint Source Pollution To
All M",tropo/itan Water Bodies.
7. The city has agreed to adopt MPCA Chapter 7080 no later than January 1, 1997, one year
earlier than required by the Minnesota Pollution Control Agency.
8. The city has ~ubmitted a Water Supply Plan which has been approved by the Council.
9. With adoption and support for the Anoka county Transportation Plan revision, reduction in the
size of the MUSA e~pansion request and allocation of growth and trips within the TAZ's, the
plan amendment is consistent with Council Transportation policies.
RECOMMENDATIONS
That the Metropolitan Council:
I. Adopt the above findings and the staff report as part of these recommendations.
2. Inform t~e city of Andover that IIQ plan modification is necessary.
3, Recommend that in the e;,(jsting unsewered developed areas it intended to put in the MUSA,
the city shou Id design sewer trunks with sufficient capacity to provide service to those homes
in the future, should on-site systems ultimately fail.
4. Recommend that the city monitor development to assure that th~ projected growth occurs in
the TAZ's as a~reed in the plan amendmenL
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SUPPORTING ANALYSIS
Regional Blueprint
The Regional Blueprint states the Council will retain the CLlrrent urban service area boundary for the
year 2000. making appropriate changes after verifying land demand and supply with local governments
along the boundary line, The Blueprint also states the Council will work with local communities
through the comprehensive planning process to designate areas for longer tenn future urbanization by
establishing 2005 and 2010 urban service area boundaries.
The city of Andover has demand through 2005 of 2.674 acres. The supply within the MUSA as of
1992 was 972 acres, TIlis then would yield an undersupply in 1992 of 1,702 acres. Since 1992, the
city of Andover has received MUSA expansions totalling 685 acres. Of this amount, 394 acres was
residential and 291 acres was inslitutional. Subtracting MUSA additions since 1992, the city could
justify adding 1,017 acres, If only residential acres were subtracted. the city could justify adding
1.308 acres, Thus, the city cMjustif'y adding 1,215 acres it is requesting to!)c added to the MUSA.
Although the plan amendment shows MUSA areas staged through the year 2020, the MUSA expansion
will serve only those areas designated for sewered growth through 2005. Since 1991, the city issued
1983 building permits, 85 percent of which were for areas within the MUSt\..
As part of the amendment, the city indicates a policy will be implemented regarding the staging of
development within the five year planning phases as indicated on Attachment 2. Within these five
year planning or development time frames, the city will designate a specified amount of acreage (125-
200 acres) to be developed on a yearly basis. The city will also determine which properties within the
five year development windows on a year to year basis will be developed using the following criteria:
1. Whether the proposed development or property is contiguou$ to the current or elCisting MUSA
boundary,
2, The ability to serve the proposed development or property. Priority will be given to properties
that can be most readily and economically served with municipal sewer and water.
3, The date the developer or property owner requested to be included in the MUSA or requeded
the extension of sewer service.
4, The proposed impact on externalities such as schools, police, fire protection, road
improvements, etc.
5. Consistency with the other elements and chapters of the Comprehensive Plan,
Natural Resources
The city of Andover currently receives metropolitan sanitary sewer service only through Metropolitan
Council interceptor MSB 7035, also identified as the Coon Rapids Interceptor. Flow into this
inte~eptor is conveyed to the Metropolitan wastewater treatment plant in St. Paul for treatment and
subsequent discharge to the Mississippi River. While the current municipal flow projections exceed
those found in the Council's Wastewater Treatment and Handling Policy Plan, sufficient capacity
exists in both the Coon Rapids interceptor and the Metropolitan Wastewater Treatment Plant to
accommodate sanitary sewer flow ending in 2010. The capacity alloned to Andover in the Coon
Rapids intcT\;cplllr b appro1<imatcly 770 million gallons pcr year, Segments of the CAB (Champlin-
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.
Anoka-Brooklyn Park) interceptor have not been constructed to enable metropolitan service through it
to the city of Andover,
As parr of this plan amendment, the city of Andover has revised its Comprehensive Sanitary Sewer
Plan numemus times, most recently April 18, 1996 to coordinate staging of sewer service with
anticipated staged development within the proposed MUSA area. The current data from the city's
engineer projects sanitary scwer flows through the 2000-2010 year cycles. Attachment 2 anticipates
development will occur to saturation within areas No. I and No.2. It also includes the middle school
c(lnstructed nonh of the city hall site.
The 36-inch illterceptor line located on Crooked Lake Boulevard at the Coon Rapids-Andover
boundary was constructed in 1975 at a depth varying from 20 to 32 feet. The 36-inch interceptor was
then extended north to Bunker Lake Boulevard. A 24-inch interceptor was extended east and west of
Crooked Lake Boulevard along Bunker lake Boulevard to provide service for the anticipated growth
III these areas, Tho~e areas included in the original MUSA proposal that arc platted widl large lots for
~ertic tank systems (Bl\mes Rolling Oaks and Lunds Evergreen Estates) were excluded from the
propMed s~r\ljce area, If septic problems should arise in these areas in the future, the city will request
to add them to the MUSA.
The basic design criteria used were 2.1 units per developable acre and 274 gallons per day per unit.
The existing flow fnml tributary areas plus anticipated ultimate development in the expanded areas can
be assimilated by the inplacll t"mk sewer system. The proposed expansion is feasible.
Surface Water Man;w:ement
The city of Andover has adopted the Council's Interim Stralegy 10 Reduce NOr/poinl SOJf1'ce Po/lulion
To All Melropoll1an Water Bodies.
On-site Seotic Systems
The city collected and analyZed data related to its on.site septic systems late in 1995. The city
subm itted data on date of installation, cause: of failure or nc:c:d for replacement, location, date, etc.
The city submitted data on about twolthirds of its systems. This information has been received but its
usefulness in trying to draw conclusions regarding overall cause of system failures related to
installation or maintenance has yet to be determined. The city indicated it generated all the data that
was available to it, since much of the information requested was not required to be generated at either
the time of system installation or tailure,
The city has adopted a re~olution stating the city's intention to adopt the amended Minnesota
"Individual Sewage Treatment Systems Standards. Chapter 7080" no later than January I, 1997, one
year earlier than required by the Minnesota Pollution Control Agency. The city adopted this
resolution with rwo conditions: I) that the city of Andover will be granted by the Metropolitan
Council a MUSA expansion of 1,3] 5 buildable acres as requested; 2), the comprehensive plan
amendment submined in December 1991 will be approved in il~ entirety within ninety (90) days. In
di,\:ussions with the Planning Director, he has indicated the fact that the amount of acres requested has
been reduced to 1,215 will not chanee the intent of the city and the city will implement 7080 by
January 1, 1997.
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Water SUDoly
Andover has prepared a water supply plan Cl)mpOnent that has been approved by the Council.
Trnnsportatic>n
The city of Andover participated with the city of Ramsey and Anoka County in updating part of
Anoka County's Transportation plan for the Andover/Ramsey area. As pan of that plan update, the
consultant developed recommendations for alleviating traffic on TH 10 when the Andover and Ramsey
MUSA e.'tpansions an: fully developed, In 1995, the city submitted a letter supporting the
recommendations of the report.
Since then, the city ha..~ adjusted the MUSA expansion request by reducing it by 100 acres (from 1.315
to 1,215) and by allocating the projected growth consistent with growth projected in the Council's
Traffic Analysis Zones (TAl's). With adoption and support for the Anoka County Plan revision,
~dm;tion in thl;: si7.e of the MUSA eltpansion and allocation of growth and trips within the T AZ's, the
plan amendment is consistent with Council transportation policies.
7
..
.
CITY of ANDOVER
MEMORANDUM
TO:
Mayor and City Council
FROM:
Dick Fursman
RE:
Impact Fees
DATE:
May 30, 1996
Please read the attached article pertaining to
Developers/Builders Transportation Fees.
As you are aware, the City recently added a "Trail
Fee" of $250.00 to the building permit. With the recent
appellate court decision indicating certain "fees/taxes" are
illegal, a closer look at Andover's policy appears needed.
Staff will be meeting with Bill Hawkins soon to discuss
options open to the City.
A staff recommendation or options will be presented
to the City Council soon.
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