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HomeMy WebLinkAboutCC September 7, 1999 f'- '\ CITY of ANDOVER , '-~/ 1685 CROSSTOWN BOULEVARD NW. . ANDOVER. MINNESOTA 55304. (612) 755-5100 Regular City Council Meeting - Tuesday, September 7,1999 Call to Order - 7:00 PM Resident Forum Agenda Approval Consent Agenda Approval of Minutes Discussion Items I. 2000 Police Liaison/D.A.R.E. Program Contract, Continued 2. Discuss Ordinance 109/Snowmobiles/Snowmobile Task Force 3. SUP/Service Station/3657 Bunker Lake Blvd. NWIPrecision Tune 4. Discuss Ord. No.8, Sections 4.05, 4.21 & 6.02/Accessory Structures & Fences 5. Approve Amendment to Ord. 233 & Ord. No.8, Sections 7.01 & 7.03, Private Dog Kennels 6. Review and Forward Resident Comments to FERC/Northem Natural Gas Transmission Line 7. Discuss Request to Waive ASUP Requirements/Waste Oil Storage Tank/Kottke Bus Co. 8. Approve Variance/16045 North Enchanted Drive/Dzubay ~ . Staff, Committees. Commissions 9. Update of Trail Extensions/Crosstown Blvd. NW & Bunker Lake Blvd. NW Non-Discussion/Consent Items 10. Appoint Fiscal Consultants II. Release Letter ofCredit/94-8/Foxberry Farms 12. Release Letter of Credit/94-I OJonathan Woods 13. Approve 2000 Preliminary Levy 14. Set Truth in Taxation Hearing Dates 15. Approve Plans & Specs/99-2/Hawkridge Park Well 16. Approve Revised 1999 Park Capital Improvement Budget 17. Approve Variance/5I83 - I59th Avenue NW/Engels 18. Approve Purchase ofF-450 Truck Chassis 19. Authorize Discontinuation of Bids/99-I7 / Andover Commercial ParklMartin St. NW 20. Approve Petition for Sewer Capacity/City of Anoka/Rosella Sonstby 21. Reduce Letter of Credit/93-I7 /Crown Pointe/Special Assessment 22. Release Letter of Credit/93-I7/Crown Pointe/Developer Improvements 23. Release Letter ofCredit/97-49/Chesterton Commons 2nd 24. Release Letter ofCredit/94c22/Crown Pointe East 25. Reduce Letter ofCredit/97-08/Chesterton Commons 26. Reduce Letter ofCredit/97-07/Crown Pointe East 2nd " , Mayor/Council Input Payment of Claims Adjournment '../ agenda Bookmark Name minutes liaison ordl09 precision ord8 ord233ord8 ferc kottke dzubay trail fiscal locfoxbe locjonat levy truth tax appr992 apprpark en gels truck bid9917 sonstby loc9317a loc9317 loc9749 loc9422 loc978 loc977 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION , / DA IT: September 7, 1999 AGENDA SECTION ORIGINATING DEPARTMENT APPROVAL OF MINUTES City Clerk U.li . ITEM NO. Approval of Minutes The City Council is requested to approve the following minutes: August 12,1999 Special Meeting Gacobson absent) August 17,1999 Regular Meeting Gohnson absent) \, / , ) CITY OF ANDOVER REQUEST FOR COUNCIL ACTION , , DATE: Seotember 7. 1999 AGENDA SECTION ORIGINATING DEPARTMENT Discussion Administration Richard Fursman ITEM NO. \ 2000 Police Liaison/D.A.R.E. Program Contract, Continued . , REQUEST: The City Council is requested to revisit the discussion regarding the Police Liaison and DARE contracts. Several questions were raised at the August 3, meeting about funding and service levels. The School Districts of Mounds View, Elk River and St. Francis all reported a significant financial involvement in the DARE and liaison programming. Most of the money apparently comes from the crime prevention levies of those school districts. The City level of participation in those districts is minimal. j Captain Bruce Andersohn and the Principal of Oak View, Norm Handy, will try to address the benefits of the liaison program. They will be able to discuss issues such as how the elementary schools are treated and the idea of combining the liaison and DARE duties. Judy Sutter, District 11 Director of Student Services has yet.to respond to inquiries about the use of 'at. risk'money in the district. . I CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: September 7. 1999 AGENDA SECTION Discussion Item ORIGINATING DEPARTMENT Todd Haas, /" Engineering ITEM NO. l4~iSCUSS Ord. 109/Snowmobiles/Snowmobile Task Force The City Council is requested to discuss Ordinance 109 (regulations for the operation of all- terrain vehicles and snowmobiles within the City of Andover) to determine if any sections of the ordinances are to be amended. The Snowmobile Task Force met on August 19, 1999 to discuss the items requested by the City Council in regard to changes in abolishing snowmobiles in portions of the City and also discussed metal tractor devises (see attached meeting minutes of the City Council). As far as the abolishing of snowmobiles in portions of the City, members Wayne Ness and Carolyn Fisher did recommend establishing a boundary which would allow snowmobiles to operate north of this line generally about 161 st Avenue NW. (If you recall both Ness and '. . / Fisher recommended this last fall.) Sergeant Shelly Kazimer of the AnokaCounty Sheriffs Department also recommended that a boundary be identified as this would be easier from an enforcement standpoint. Mayor McKelvey, Maynard Apel (Planning and Zoning Commission) and Scott Johnson (Andover Sno-Dragons) are recommending no changes to the current ordinances in regard to where snowmobiles can ride. It was their recommendation that if the following items listed below were utilized it will minimize the amount of violations. . Educate the public about the speed limit requirements and where they can ride snowmobiles on city streets and county roads. This can be done by newsletter, cable tv and snowmobile club. . Provide additional signage along Round Lake Boulevard NW between 133rd Avenue NW and South Coon Creek Drive. If you recall, snowmobiling is not allowed along Round Lake Boulevard NW south of South Coon Creek Drive to the City of Coon Rapids. Currently there are 2 signs (one just south of Coon Creek Drive for southbound snowmobiles and another at the south end of Round Lake Boulevard NW for northbound snowmobiles). Also, the Task Force is recommending that the fine be identified on the same sign. The point of doing this is that if they see the amount of the fine, they would have second thoughts about driving in this prohibited area. I have discussed with the Anoka County Highway Department about enlarging the existing signs and adding a couple more and it appears that this will be possible to do. . The Task Force recommended that current brochures be updated by the City to give to new homeowners about some of the general rules and regulations of the City such as recreational fires, snowmobiles, fences. building permits, etc. that held educate them about the City. There are a couple ways to do this by having the builders give to the new homeowners. The brochure would be given to the builder when they pick up the certificate of occupancy. Another option is send the brochure to the new homeowner via U.S. Postal Service. The Task Force (specifically the snowmobile club) felt that snowplowing the trails the past couple of years has helped significantly to keep snowmobiles off the trails. They also felt that snowplowing further south of Andover to 140th Lane NW along Hanson Boulevard NW will significantly help keep snowmobiles off the trails. Currently the Public Works Department plows along Hanson Boulevard NW from Andover Elementary School to Oak View Middle School. . The Task Force is recommending that articles during the winter months be written for the newsletter. With the new format of the newsletter the Task Force felt more residents are receiving the newsletter which has been informative. . The Task Force is recommending that a letter be sent to Andover residents that have snowmobiles and remind them of the rules and regulations. This was a couple years ago and appeared to somewhat be effective. . The Andover Sno-Dragons will be working with the Anoka County Highway Department to discuss the possibility of a bi-directional designated snowmobile trail along CSAH 78 (Hanson Boulevard NW). Other bi-directional snowmobile trails in the County (Circle Pines) have been approved by the Anoka County Board in the past. Note: The Task Force did somewhat discuss the studded track issue. Currently, the state law still does not allow studded tracks on paved trails and City ordinance does not allow . . any snowmobiles (studded or not) on any designated trails. If the City Council wanted to ban studded tracks entirely from the City they could if they felt it would protect the paved trails. . -'.~~';:;;~~~~__~~""'h-_AF_-"""" .....-.......__...... --,~--._-- Jncilmember Onte! stated he would also like to see a review of what is going on at that ,ersection for accidents. Those are probably not involving the local residents but people driving :nrough. Therefore, it wouldn't necessarily require making it a four-way stop. Another issue may be that of maintenance if Ham Lake does not participate in the cost plus just establishing a policy of working with a neighboring City. Councilmember Johnson wondered at what time of day the accidents occur. Motion by Orttel, Seconded by Johnson, to table the item until I) we can find out when the study for warrants was done on the intersection and possibly have another one done; 2) recommendations . on what could be done to make the north-south stop signs more obvious; and 3) talk to Ham Lake about it again, as it is a policy issue that should be worked out. Then see if a light is still needed. Motion carried on a 4-Yes, I-Abstain (Jacobson) vote. Councilmember Knight wondered if Andover is more aggressive about meeting warrants than other cities. He gets the feeling other cities do not necessarily follow that criteria for installing stop signs. Mr. Erickson explained studies have shown that more accidents are created by installing stop signs where they are not warranted because people disregard them or roll through them. The theory is if the intersection meets warrants, it would be an appropriate location for stop signs because they would reduce accidents. Studies do back that up. Counciimember Orttel noted that is not necessarily so when adding traffic signals on county roads. No action was taken. CONSIDER SNOWMOBILE TASK FORCE MEETING The Council noted the original members remain on the Snowmobile Task Force. They felt it is a good idea for the Task Force to meet and suggested Staff contact those members to determine if they are willing to continue serving and to set up a meeting. It was also suggested that if the representatives of the Sno-Dragons Snowmobile Club no longer wish to serve, that the Sno-Dragons be contacted and asked to recommend a replacement member. The Council suggested that if the Task Force recommends a change in rules or abolishing the activity in portions of the City, it should be done before the fall so people can be informed of the changes. Another issue is studded tracks, which is not allowed in the City. Above all, the City's investment in the trail system must be protected. Mr. Erickson stated the City can also be more pro-active in protecting the trails such as putting up orange drums with orange snow fencing, etc. Staff was directed to set up the meeting for the Task Force and bring the item back to the Council for reappointment of the members or for appointment of new ones. It was also suggested the date of the meeting be published. APPROVE ORDINANCE NO. 266, RENTAL HOUSING J Councilmember Jacobson pointed out the definition of a rental dwelling in the ordinance applies to any dwelling unit with two or more living units for hire. The definition is not for single family homes that may be rented out. As a result, the City is missing a large portion of the rental units. He wondered if that definition should be changed to include the single family homes. The reason for the ordinance is to protect the people who move in regarding fire and safety of the structure. Councilmember Ortte! argued the rental of single family homes by the owners who leave the City for a few months do not cause the problems that are covered under this ordinance. Someone who moves out temoorarily and rents the home should not have to get a license to do so. He didn't think / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 109 AN ORDINANCE ADOPTING REGULATIONS FOR THE OPERATION OF ALL-TERRAIN VEHICLES AND SNOWMOBILES WITHIN THE CITY OF ANDOVER. The City Council of the City of Andover hereby ordains: SECTION 1. DEFINITIONS. Unless the context clearly indicates otherwise, the words, combinations of words, terms, and phrases, as used in this Section shall have the meanings set forth in the subdivisions of this section which follow. a. SNOWMOBILE a self-propelled vehicle designed for travel on snow or ice steered by skis or runners. b. ALL-TERRAIN VEHICLE - a motorized flotation-tired vehicle of not less than three (3) low pressure tires, but not more than six (6) low pressure tires, that is limited in engine displacement of less than 800 cubic centimeters and total dry weight less than 600 pounds. c. . \ , / d. e. f. g. h. J OWNER means a person, other than a lien holder having the property in or title to snowmobile or all-terrain vehicles and entitles to the use or possession thereof. OPERATE - to ride in or on and control the operation of a snowmobile or all-terrain vehicle. OPERATOR - means every person who operates or is in actual physical control of a snowmobile or all-terrain vehicle. ROADWAY means that portion of a highway improved, designed, or ordinarily used for vehicular travel, including the shoulder, but not including the boulevard. BOULEVARD - is that portion of the street right-of-way between the curb line and the property line. RIGHT-OF-WAY - means the entire strip of land traversed by a highway or street in which the public owns the fee or an easement for roadway purposes. i. URBAN DISTRICT means the territory contiguous to and including any street which is built up with structures devoted to business, industry or dwelling houses situated at intervals of less than 100 feet for a distance of a quarter mile or more. j. PUBLIC LANDS - public parks, playgrounds, trails, paths and other recreational area and other public open spaces; scenic and historic sites; schools and other public buildings and structures. Page 2 k. , , SAFETY OR DEADMAN THROTTLE is defined as a which, when pressure is removed from the accelerator or throttle, causes the motor disengaged from the driving track. device engine to be SECTION 2. PERSONS UNDER 18 YEARS OF AGE. No person under 14 years of age shall operate on streets or highways or make a direct crossing of a street or highway as the operator or a snowmobile. A person 14 years of age or older, but less than 18 years of age, may operate a snowmobile on streets or highways as permitted under this ordinance and make a direct crossing thereof only if he/she has in his immediate possession a valid snowmobile safety certificate issued by the Commissioner of Natural Resources as provided by Minnesota Statutes, Section 84.86 as amended. It is unlawful for snowmobile to be section. the owner operated of a contrary snowmobile to permit the to the provisions of this SECTION 3. OPERATION ON PRIVATE PROPERTY. No person shall operate an all-terrain vehicle or snowmobile on lands not owned by the person without the written or oral permission of the owner, occupant, or lessee of such lands, provided that in the case of oral permission, the owner, occupant, or lessee of such lands is present. .J SECTION 4. OPERATION ON PUBLIC PROPERTY. a. Operation Generally. No snowmobile shall public property within the City violation of the following be operated on of Andover in provisions: 1. No person shall operate an all-terrain vehicle or snowmobile within the City of Andover including, but not limited to, school grounds, park property, playgrounds, recreation areas and golf courses, except snowmobiles may be operated on designated snowmobile trails or designated accesses thereto. , , , J 2. No person shall operate a snowmobile upon the roadway, shoulder, or inside bank or slope of any trunk, county state aid, or county highway within the City of Andover, and in the case of a divided trunk or county highway, on the right-of-way between the opposing lanes of traffic. 3. No person shall operate a snowmobile on City streets, except on the shoulder of the roadway, or in the absence of an improved shoulder, on the righthand-most portion of the roadway (not on boulevard areas) and in the same direction as the street traffic on the nearest lane of the roadway adjacent thereto. In addition, snowmobiles \ shall take the shortest route on any City Street to . access any County Road or County State Aid Highway or any designated snowmobile trails. ra~c ~ 4. On a public sidewalk or walkway provided or used for pedestrian travel. , / 5. At any place, while under the influence of an alcoholic beverage or controlled substance. 6. At any speed in City street or reasonable or circumstances. excess of elsewhere proper 15 miles per hour on any public at a rate of speed greater than under all the surrounding 7. At any speed in excess of 15 miles per hour on any County Road and County state Aid Highway in an urban district. All other County Roads and County State Aid Highways not in an urban district must comply with Minnesota Statutes or elsewhere at a rate of speed greater than reasonable or proper under all the surrounding circumstances. 8. At any place in a careless; reckless or negligent manner so as to endanger the person or property of another or to cause injury or damage thereto. 9. So as to tow any person or thing on a public street or highway except through use of a rigid tow bar attached to the rear of the snowmobile. 10. At a speed greater than 15 miles per hour when within one hundred )100) feet of any riverbank or lake shore, or within one hundred (100) feet of fishermen, ice houses or skating rinks, nor shall operation be permitted within one hundred (100) feet of any sliding area, nor where the operation would conflict with the lawful use of property or would endanger other persons or property. 11. In a manner so as to create loud, unnecessary or unusual noise which disturbs, annoys, or interferes with the peace and quiet of another. , / 12. On any days between the hours of 11:00 p.m. and 8:00 a.m., except on Saturday and sunday, the restriction shall be between 1:00 a.m. and 8:00 a.m. 13. Such operation is not permitted within fifteen (15) feet to any public sidewalk, walkway or trail. 14. It shall be unlawful for any person to drive or operate an all-terrain vehicle or snowmobile in a tree nursery or planting in a manner which damages or destroys growing stock. / Page 4 SECTION 5. A snowmobile may make a direct crossing of a street or highway provided: a. The crossing is made at an angle of approximately ninety (90) degrees to the direction of the street or highway and at a place where no construction prevents a quick and safe crossing. b. The snowmobile crossing the highway. is brought shoulder or to a main complete traveled stop way before of the c. The driver yields the right of way to all oncoming traffic which constitutes an immediate hazard. d. In crossing a divided street or highway, the made only at an intersection of such street with another public street or highway. e. If the crossing is made between the hours of one-half (1/2) hour after sunset to one-had (1/2) hour before sunrise or in conditions of reduced visibility, only if both front and rear lights are on. " I SECTION 6. crossing is or highway f. A snowmobile may make a direct crossing of a street or \ highway provided a snowmobile may be operated upon a bridge, other than a bridge that is the main traveled lanes of an interstate highway, when required for the purpose of avoiding obstructions to travel when no other method of avoidance is possible; provided the snowmobile is operated in the extreme right-hand lane, the entrance to the roadway is made within one hundred (100) feet of the bridge, and the crossing is made without undue delay. NO person shall operate a snowmobile along any City Street or County Road/County State Aid Highway as shown on the attached map as "prohibited". SECTION 7. No snowmobile shall enter making a complete stop. of way to any vehicles immediate hazard. any The or uncontrolled intersection without operator shall then yield the right pedestrians which constitute any SECTION 8. I An all-terrain vehicle or snowmobile may be operated upon a public street or highway in an emergency during the period of time when and at locations where the condition of the roadway renders travel\ by automobile impossible. ra~t:' ..J SECTION 9. EQUIPMENT. It is unlawful for any person to operate a snowmobile or all- terrain vehicle any place within the corporate limits of Andover unless it is equipped with the equipment set forth as follows: 1. Standard mufflers which are properly attached and in constant operation, and which reduce the noise of operation of the motor to the minimum necessary for operation. No person shall use a muffler cutout, by-pass, straight pipe or similar device on a snowmobile motor, and the exhaust system shall not emit or produce a sharp popping or crackling noise. 2. Brakes adequate to control the movement of and to stop and hold the snowmobile or all-terrain vehicle under any conditions of operation. 3. A safety or so called "deadman" throttle in condition, as that when pressure is removed accelerator or throttle, the motor is disengaged driving track. 4. At least one clear lamp attached to the front, with sufficient intensity to reveal persons and vehicles at a distance of at least one hundred (100) feet ahead during the hours of darkness under normal atmospheric conditions. operating from the from the / a. Such head lamp shall be so aimed that glaring rays are not projected into the eyes of an oncoming vehicle operator. b. It shall be equipped with at least one red tail lamp having a minimum candle power of sufficient intensity to exhibit a red light plainly visible from a distance of five hundred (500) feet to the rear during the hours of darkness under normal atmospheric conditions. c. Such equipment shall be operated between the hours sunset or one-half (1/2) of reduced visibility. in use when the vehicle is of one-half (1/2) hour after hour before sunrise or at times SECTION 10. LEAVING SNOWMOBILE UNATTENDED. Every person having a snowmobile in a public place shall lock the ignition, remove the key and take the same with him. SECTION 11. CHASING ANIMALS FORBIDDEN. It is unlawful to intentionally drive, chase, run over, kill otherwise take or attempt to take any animal, wild or domestic, with a snowmobile. , / page b SECTION 12. PENALTY. Any person violating any provision of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than $700.00 or by imprisonment of not more than 90 days, or both, plus costs of prosecution in either case. SECTION 13. EFFECTIVE DATE. This Ordinance shall take effect and be in force upon its passage and publication as required by law. Adopted by the City Council of the City of Andover this 6th day of June , 19~. CITY OF ANDOVER ATTEST: f f. J1;~J{d~ 'J.E. MCKelvey J -/ '''Mayor , ~u Victoria Volk City Clerk / ; .I \ '. CIlY OF ANDOVER COUNlY OF ANOKA STATE OF MINNESOTA Ordinance No. 109A AN ORDINANCE AMENDING ORDINANCE NO. 109 - AN ORDINANCE ADOPTING REGULATIONS FOR TIIE OPERATION OF ALL-TERRAIN VEHICLES AND SNOWMOBILES WITHIN TIIE CIlY OF ANDOVER The City Council of the City of Andover hereby ordains as follows: Section 14. ENFORCEMENT. The City's enforcement agency or the Anoka County Sheriff's Department in order to provide enforcement, shall be exempt from the requirements of this ordinance. All other sections or this ordinance shall remain as written and adopted. by the City Council. Adopted by the City Council of the City of Andover on this 5th day of Januarv. 1999. , ATTEST: CIlY OF ANDOVER 11~ tJ~ Victoria Volk, City Clerk /~ 1 '~' , ; \ I '.,t. f. p;c/I( ~ ;;: J. E. McKelvey, Mayo~ I _':..I . : I r :i~--~~ _ -- -......'1... I ,...---'-. ~ ~,' :::=--;.-- {' ;_,--,;"'~:11 _ I ::.~ ~I . \ . -~-.-- I .... . . '--:-f. i:=. I' ',," ~~-l.- :~.B- ==.:. . _m:____ ~...=.:-=-.-t-;-1r-:-:~' ----.---~-:--~-- '......... . """" I .:f., ~ ~~ . " _~~'---i"7tLu.._.:.... tl ~ :::~ " . :.. _.1-............... . L:..:.." i ~i7:11 I. ~ _, . .\- ' . ;---'oil' ,-~1, ~~m_,. .=j L ":':~~L-.7.'..;; 'I"~' I ~-:-~~~. . .' 1 1'1 I . - -~, .. -'-. I.. I" . '~"---I ,.....,..-.. '" 'I . ,~ .. 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"'-'\ ~\ ---=~-----~--------______I ~~ ~ r-- ;-- , '''l, --.!, ~,___:.;.,/ i.......... /I,-----=' .::.--.------~ ._:-;..;J.t ~.----. -/":'~ ---." )..- -...- .\~~ ....1 ':; C. !' :j a:: < I " ' l:J>' ~ -' =...1 -= -;r-! O : -----" o Z '-----. Z . ,-~-F < 0 '---..J. ll.. i= . 0<",,,,, >-U '.-0 I...... n;;.:; U..J ';:Ii . i . ; ~ i l , \w/ < J...;.. .""""'11( :: ;.>-- :.'1: -.;-:. I CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: September 7. 1 999 AGENDA SECTION Discussion Item ORIGINATING DEPARTMENT Planning ITEM NO. SUP 99-14 Automobile Service Station 3657 Bunker lake Blvd. NW ~ \ Precision Tune John Hinzman, City Planner Request The City Council is asked to approve the Special Use Permit request of Precision Tune to construct and operate an automobile service station on property owned by Local Oil Company of Anoka at 3657 Bunker Lake Blvd. NW (PIN 32-32-24-24-0071). I The property is zoned SC, Shopping Center. Planning and Zoning Commission Action The Planning and Zoning Commission reviewed the proposal at the August 24, 1999 meeting. Comments were received from the adjacent neighbour to the north concerning traffic, removal of existing trees, increased noise and pollution. After discussing potential negative affects of alternate uses on the site, the commission voted to recommed approval of the special use permit to the City Council. The Commission directed staff to examine the construction of speed bumps along the frontage road betwe<:n the proposed property and Super America as part of commercial site plan approval Attachments . Resolution for Approval . Planning and Zoning Commission minutes - August.24, 1999 . Planning and Zoning Commission staff report - August 24, 1999 , / / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R -99 A RESOLUTION APPROVING A SPECIAL USE PERMIT TO CONSTRUCT AND OPERATE AN AUTOMOBILE SERVICES STATION AT 3657 BUNKER LAKE BLVD NW BY PRECISION TUNE ON PROPERTY OWNED BY LOCAL OIL COMPANY OF ANOKA, LEGALLY DESCRIBED AS LOT 1, BLOCK 1, LOCAL OIL ADDITION (PIN 32-32-24-24-0071 ). WHEREAS, Precision Tune has requested a special use permit to construct and operate an automobile service station at 3657 Bunker Lake Blvd. NW on property owned by Local Oil Company Of Anoka, legally described as Lot 1, Block 1, LOCAL OIL ADDITION; 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 5.03 & 7.03; and / WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect upon the health, safety, morals, and general welfare of the City of Andover; and WHEREAS, a public hearing was held pursuant to state statute; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the Special Use Permit as requested. NOW, THEREFORE, BE IT RESOL VED,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 on said property with the following conditions: 1) That the applicant obtains commercial site plan approval. 2) That the building and parking areas be adequately screened per Ordinance 8 3) Outside storage of vehicles and equipment overnight is prohibited. 4) That the operation abides by the definition of an automobile service station as defined by Ordinance 8, and subsequent ordinances. Any intensification into a general repair facility as defined by ordinance is prohibited. , / Page Two SUP 99-14 Service Station - Precision Tune September 7, 1999 5) That the special use permit be subject to a sunset clause as stipulated in Ordinance No.8, Section 5.03 (d). 1999. Adopted by the City Council of the City of Andover on this 7th day of September CITY OF ANDOVER ATTEST: lE. McKelvey, Mayor Victoria V olk, City Clerk / PLANNING AND ZONING COMMISSION MEETING -AUGUST 24,1999 MINUTES The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Jay Squires on August 24, 1999, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Maynard Apel, Larry Dalien, Dean Daninger, Douglas Falk, Mark Hedin, Bev Jovanovich, and Jay Squires. None City Planner, John Hinzman Zoning Administrator, Jeff Johnson Planning Intern, Megan Barnett Others Commissioners absent: Also present: APPROVAL OF MINUTES. August 10, 1999 Motion by Apel, seconded by Jovanovich, the minutes be approved as submitted. Motion carried on a 7-ayes, O-nays, O-absent vote. PUBLIC HEARING: SPECIAL USE PERMIT (SUP 99-14) - AUTOMOBILE SERVICE STATION CONSTRUCTION AND OPERATION - 3657 BUNKER LAKE BOULEVARD NW- PRECISION TUNE. City Planner, John Hinzman stated the Commission is requested to review the Special Use Permit request of Precision Tune to construct and orerate an automobile service station on property owned by Local Oil Company of Anoka at 3657 Bunker Lake Boulevard. Mr. Hinzman stated the subject lot was slightly less than one acre, located adjacent to the Super America station, and is zoned SC, Shopping Center. Mr. Hinzman reviewed the applicable ordinances and the criteria presented. Mr. Hinzman stated the area to the north of the proposed site is zoned residential, with the nearest home twenty (20) feet from the north property line of the site. He stated the area to the east is zoned SC, Shopping Center, and is the location of the Super America station. He stated the area to the south to the south includes Bunker Lake Boulevard and an area zoned for Multiple Family Housing. He stated Underclift Street is located to the west, and there are three to four single family homes to the west of the street. Regular Andover Planning and Zoning Commission l'vfeeting Minutes -August 24, 1999 Page 2 Mr. Hinzman stated the applicant proposes to construct a 4,028 square foot service station building, and has indicated approximately 70 percent of the business will consist of lube, oil, and filter maintenance. He stated approximately 20 percent of the services performed at the site will be maintenance services, including fluid changes, hoses, filter, etc., and approximately five percent of the services will consist of light repair that is in and out the same day. Mr. Hinzman stated the site plan would be reviewed under the Commercial Site Plan process, and by staff, for compliance to ordinances and standards, in regard to issues including landscaping, parking, lighting, grading, drainage, and erosion control. Mr. Hinzman stated the proposed use appears to be consistent with the definition of an automobile service station. He stated staff has reviewed the criteria with the applicant, to insure the operation does not constitute a repair garage facility, which is not allowed in the Shopping Center District. He stated the applicant has indicated he is comfortable with the proposed use being consistent with the service station definition. Mr. Hinzman stated the access to the site would be provided via Bunker Lake Boulevard to Underclift Street. He stated the typical hours of operation would be 7:30 a.m. to 6:00 p.m., Monday through Friday, 8:00 a.m. to 4:30 p.m., on Saturdays, and the business would be closed on Sundays. Mr. Hinzman stated the property was rezoned for commercial uses during the late 1970's, and predates most of the existing homes in the vicinity. Mr. Hinzman provided an outline of the options available to the Commission. He stated staff recommends the approval of the Special Use Permit, subject to the provisions of the resolution, which include approval of the commercial site plan, adequate screening between the building and the parking area, primarily to the north residence. He stated the resolution also contains language, which stipulates that only automobile service station uses are to be performed on the property. Commissioner Falk stated the current ordinance lists the service station under the General Business District. He inquired if this was acceptable from staff's perspective. Mr. Hinzman stated it was. He explained that the service station was listed as a Special Use, under the Shopping Center District. Commissioner Apel inquired if the applicant had researched other sites in the General Business District. Mr. Hinzman stated he was uncertain, however, the applicant would address this matter during the public hearing. Chair Squires inquired if there was a median separating the lanes on Bunker Lake Blvd., in front of the proposed access. Mr. Hinzman stated there was a full median across that area, and there would be a right in, right out at the entrance to the east of Under clift street. He stated Underclift Street has a full intersection at that location, therefore, most of the site access to the property would be from Regular Andover Planning and Zoning Commission Meeting Minutes -August 24, 1999 Page 3 Bunker Lake Boulevard, to Underclift, and into the driveway. Commissioner Apel inquired if the traffic moving in a westerly direction could enter from the existing curb cut in that location. Mr. Hinzman stated it could. He stated he believed there was a left turn lane in that location, however, he was not certain. Commissioner Apel explained that a right turn could be made at the median, and there was a frontage road, which could also be utilized to access the site. Motion by Falk, seconded by Jovanovich, to open the public hearing at 7:07. Motion carried on a 7- ayes, O-nays, O-absent vote. Dan Dagge, representative of Precision Tune stated he was the architect of the proposed facility. He stated there is an existing frontage road, which is not curbed and guttered, which runs along the south side of the property. He stated this road is utilized for access by the Super America station. He stated the applicant is proposing to relocate that frontage road further to the north, and creating a much larger landscape buffer to Bunker Lake Boulevard, in front of the building, which will match that of the Super America station, and exceed the requirements of the code. He stated they propose to match the Super America curb line, by moving it further into the property, and provide a uniform appearance across the front of the facility. / Mr. Dagge stated the buildings and parking areas would be well within the setbacks of the property. He stated there is ample parking on site, and the setbacks are twice that required by the code for the district. Mr. Dagge stated this would not be a high use operation, such as a gas station or convenience store, and would generate a lesser volume of traffic than those types of uses. He stated there was room to screen adequately to the north and west, and they are proposing to construct a solid six-foot wooden fence across the north property line, to match that of the Super America station. He stated they would provide a combination of fencing and landscaping along the west property line, as well as a landscaped area on the western side of the building. Mr. Dagge stated the proposed facility would be an eight bay service center. He stated, according to the code, the site would support a much larger facility, however, this was not necessary for their purposes. He stated they would probably give the land back on the north and west, and attempt to nestle in closer to the Super America parking lot on the east side of the site, and create a common parking area in that location. Commissioner Falk inquired if the garage bay doors would face south, and if the proposed facility would be a drive-through operation. Mr. Dagge stated yes, there are four overhead doors, which face south, and four overhead doors facing north. , / Commissioner Hedin inquired if there was any southern entrance or exit onto Bunker Lake Road. Mr. Dagge stated there was not. He stated the only entrance onto Bunker Lake Road was that existing on Super America's property, which utilized their curb cut, and would afford a right in, right Regular Andover Planning and Zoning Commission Meeting Minutes - August 24, 1999 Page 4 / out to the property. Chair Squires inquired if Super America has agreed to provide the applicant access at this location. Mr. Dagge stated they have. Commissioner Jovanovich inquired if any major automobile services would be performed onsite, which might require that a vehicle remain in the parking lot overnight. Mr. Dagge stated there would be no parking on the parking lot overnight. He stated, in the unusual event that a vehicle must remain on the premises overnight, it was the company's policy to park the vehicle inside, within one of the service bays. Chair Squires stated the proposed resolution prohibits the outside parking of vehicles overnight, as well. Dean Johnson, the applicant, stated he had moved to the area in 1949, and moved away in 1985. He stated he had been a member of the Building Committee, at the time the original Town Hall was constructed. He commented on the new appearance of City Hall, and stated that many things in the City have changed. Mr. Johnson stated, in regard to site selection, their company typically looks for a franchise business to provide the site. He stated, in regard to this proposal, the original franchisee has had some health problems, and would not be proceeding, at this time. He stated he had researched all of the nearest available sites, and felt that this was the best location. He stated it appears to be a very nice piece of property . / Holly Enderle, stated she lived directly north of the proposed site. She stated there were presently several traffic problems in the area, and the speed limit is not obeyed. She stated the traffic coming in and out of the Super America station, and the many vehicles in that area, create a problem on her street. She stated there are two deaf children who live on her block, as well as fourteen other children. She stated she was employed by a service station, and was aware that there are many odors and chemicals that emanate from these types of businesses. Ms. Enderle stated, upon returning home from work one day, she noticed flags in her yard. She inquired if these indicated that this portion of her yard would be taken away to accommodate the proposal. Ms. Enderle stated she lives directly adjacent to the proposal, and has had disputes with the Super America station, in regard to the noise at that location. She stated music is played all night, however, this is allowed, as long as they comply with the City's noise ordinance. She stated, in her opinion this was not acceptable. She stated the proposed project would only bring more noise, traffic, and pollution into their environment. She stated she was raising children, and had moved to the area for peace and quiet. She stated she found having a Precision Tune butted up against her backyard unacceptable. Ms. Enderle stated the Super America station's fence appeared to be taller than six feet. She / inquired, if the proposed fence at the same height was constructed, and the additional noise and Regular Andover Planning and Zoning Commission Meeting Minutes - August 24, 1999 Page 5 j traffic permitted, how would her property value be affected. She stated this was their fIrst home. She stated they looked forward to improving it, selling the property, and making money to better themselves. Stated she was concerned about the affect of this proposal on the value of her property. Ms. Enderle stated several of the neighbors had discussed the proposal to locate the entrance to the site on the east edge of the property, which faces three to four houses. She stated fIve children live in these houses. She stated the service road exits out of the site at Super America is covered with tire track marks, and there is traffic at all hours of the night. She stated this problem was bad enough without bringing a business into the area that would generate more traffic, pollution, and noise. She stated a daycare facility, coffee shop, or a business that opened early, closed early, and did not create pollution would be better suited for the area. She stated there are so many restaurants in the area, they can smell the food from do\'ffi the street. Ms. Enderle stated she felt this proposal would not better the community. She suggested if the City desired to develop the area, they should improve the park. She stated a daycare would benefIt the area, not a Precision Tune. Chair Squires requested clarifIcation of the location of the traffic Ms. Enderle had indicated as a problem. Ms. Enderle stated she was referring to the proposed entrance onto Underclift Road. She stated there was a service road located adjacent to that, which is utilized by much traffic. She stated if the exits in the other direction, it would go past her house to go back out to the other traffIc light. / Chair Squires asked Mr. Hinzman how long the property had been zoned Shopping Center. Mr. Hinzman stated he assumed this occurred some time during the late 1970's to 1980. He explained the property was originally rezoned to Neighborhood Business, and was rezoned to Shopping Center approximately 3 to 4 years ago. There was no further public input. Motion by Hedin, seconded by Falk, to close the public hearing at 7:20 p.m. Motion carried on a 7- ayes, O-nays, O-absent vote. Commissioner Apel stated he would feel more comfortable if the subject property was developed into a less intrusive operation. He stated the proposal to add another automobile service operation on that comer was a somewhat intense use of the property. He stated the issues Ms. Enderle had brought forward were important. He explained, however, it was difficult not to be able to utilize a piece of land that has been set aside for this type of operation. He stated when Super America came in, there was discussion that this property would have some type of automobile related business. He noted the development of the TIF District located south of Bunker Lake Boulevard and west of Hanson Boulevard. He stated this might provide a good site for this type of business. He added that the sites at this location were also larger. / Regular Andover Planning and Zoning Commission }'feeting Minutes - August 24, 1999 Page 6 Commissioner Hedin stated the Super America station was going to remain at this location. He inquired if, in light of this, the approval of the site would improve or make worse the concerns expressed. Commissioner Apel stated it would be difficult to say. He stated any time a piece of raw land is developed, it is bound to create an upward impact. He stated whether or not this would create a significant impact is the question. Commissioner Daninger stated the speed within the parking lots could be. controlled with speed bumps. Mr. Hinzman stated the additional vehicles, and the resulting congestion, might assist in slowing the traffic. He stated at present, it is a "straight shot." Commissioner Daninger stated he understood the concerns expressed, as he also had two children. He stated, however, if they do not allow this proposal, they may open the door for a more intensive use of the property. He noted the proposed operation would close at 6:00 p.m., as opposed to a business that might be open until 10:00 p.m., or be subject to bar rush. He inquired how long the property had been vacant. Mr. Hinzman stated it has been a vacant lot since at least 1980. Commissioner Daninger stated he would rather see a business that closes at 6:00 p.m., and is not open on Sunday. He stated, as he is aware, most Precision Tune operations, have a company policy that permits no vehicles after hours. He stated this helps the situation, and is self-mandated. / Commissioner Falk stated he agreed. He stated in terms of the proposed aesthetic improvements, he did not think the facility would be unattractive. He stated the applicant could install speed bumps to attempt to keep the traffic down. Commissioner Daninger stated he would suggest the applicant attempt to prohibit the Super America traffic from the site. Mr. Hinzman stated this was the only area on the site with a full access to the intersection at Bunker Lake Road. He stated he was uncertain if the Super America station had a driveway with a full access onto Round Lake Boulevard. Commissioner Ape! stated all the traffic comes from Round Lake Boulevard, right in, and right out, and around the corner. Chair Squires requested Mr. Hinzman provide a brief overview of the conditional and permitted uses within the Shopping Center Zoning District. Mr. Hinzman stated some of the permitted uses would be daycare facilities, financial institutions, medical clinics, mortuaries, office studios, restaurants, and retail and trade services, which covers many different stores. He stated the special uses include a car wash, a drive-in business with a drive-in window, liquor store, service station, and veterinary clinic or hospital. Commissioner Daninger stated he would not like to see a liquor store at this location, or a fast food restaurant that was open until 2:00 a.m. Commissioner Hedin stated that none these uses would appear to generate less traffic. Commissioner Daninger stated the majority of these uses would probably generate more traffic. . / Regular Andover Planning and Zoning Commission Afeeting Minutes -August 24, 1999 Page 7 Commissioner Hedin stated another concern expressed was the height of the fence at the back of the proposed site, and whether or not it would match up with the existing fence at the Super America location. Mr. Hinzman stated the ordinance requires a six-foot height maximum on all fences. He stated he presumed the Super America fence was six feet in height, but would verify this. He stated that any time a commercial district is adjacent to a residential district, full screening is required. He stated this can be screening can be accomplished with a combination of fencing, berming, or landscaping, to provide a full physical barrier between the two uses. He stated the applicant is proposing a fence, and this would satisfy those requirements. He stated this matter would be reviewed in further detail during the Commercial Site Plan process. Commissioner Jovanovich stated, in her opinion, it would be convenient for the customers of this business to wait in the adjacent park, when having their vehicles maintained, rather than having to wait in a confmed area. Chair Squires stated he was in favor of speed bumps, and requested staff research this matter, in terms of at least one, if not two, across the cross easement with the Super America station. Commissioner Apel stated he believed the reason for the speeding problem in that area was the empty lot, which provided no visual impact to slow the drivers. He stated it was possible that the activity of the new business would slow the traffic. I Motion by Apel, seconded by Jovanovich, to Recommend to the City Council Approval of Resolution , a Resolution Approving a Special Use Permit to Construct and Operate an Automobile Service Station at 3657 Bunker Lake Boulevard NW by Precision Tune on Property Owned by Local Oil Company of Anoka, Legally Described as Lot 1, Block 1, Local Oil Addition (Pin 32-32-24-24-0071). Motion carried on a 7-ayes, O-nays, O-absent vote. Commissioner Hedin stated he would like to see the addition of speed bumps included in the motion, as well as further discussion of the matter. Commissioner Ape! stated he would not desire to include this in the motion, as it would become a requirement. Mr. Hinzman suggested the Commission request the examination of the use of the speed bumps at the proposed site, and that this be noted in the minutes, and not included in the resolution. He stated the issue could be evaluated during the Commercial Site Plan process. He stated if the Commission felt strongly that speed bumps should be a requirement, that recommendation would be forwarded to the City Council. Chair Squires stated the mover did not agree to include the speed bump requirement as a stipulation to the present resolution, therefore, the Commission would forward this comment to the City Council for consideration. Mr. Hinzman stated this item would be considered at the September 7, 1999, City Council meeting. / ( , / CITY OF ANDOVER REQUEST FOR PLANNING AND ZONING COMMISSION ACTION DATE: Aulrust 24. 1999 ITEM NO. 3 ORIGINATING DEPARTMENT SUP 99-14 Automobile Service Station 3657 Bunker Lake Blvd NW Precision Tune Planning John Hinzman City Planner Request The Planning and Zoning Commission is asked to review the Special Use Permit request of Precision Tune to construct and operate an automobile service station on property owned by Local Oil Company of Anoka at 3657 Bunker Lake Blvd. NW (PIN 32-32-24-24-0071). The property is zoned SC, Shopping Center. - / Applicable Ordinances Ordinance No 8, Section 5.03 regulates the Special Use Permit process and outlines the following criteria for review: I) The effect of the proposed use upon the health safety, morals and general welfare of the occupants of the surrounding land. 2) The effect on existing and anticipated traffic conditions including parking facilities on adjacent streets. -- 3) The effect on the values of property and scenic views in the surrounding area. 4) The effect of the proposed use on the Comprehensive Plan. Ordinance 8, Section 7.03, allows automobile service stations in the SC, Shopping Center District. Service Stations are defined as follows: A place where gasoline, kerosene or other motor fuels or lubricating oil or grease for operating motor vehicles is offered for sale of automobile accessories on the premises. Also including minor repairs, incidental body and fender work, painting and upholstering, replacement of parts and motor services to passenger automobiles and trucks not exceeding one and one-half (1-1/2) tons capacity. It shall not I Page Two SUP 99-14 Automobile Service Station - Precision Tune August 24, 1999 include general repair, rebuilding or reconditioning of engines, motor vehicles or trailers, collision service, including body frame or fender straightening or repair, overall painting or painting job and vehicle steam cleaning. Adjacent Zoning and Land Use Adjacent zoning and land use include the following: . North . East . South - R-4, Single Family Urban - unplatted residences - nearest home - 20'. - SC, Shopping Center - Super America. - Bunker Lake Blvd - Multiple Family Housing - City of Anoka - nearest home - 180' - Underclift St. - R-4, Single Family Urban - NORTHGLEN 2ND ADD.- nearest home - 100, . West Background Precision Tune proposes to construct a 4,028 s.f. service station building. Approximately 70 percent of business will consist oflube, oil, and filter maintenance (see attached letter). About 20 percent of services performed are maintenance services, including fluid changes, hoses, filters, etc. Approximately 5 percent of services permformed consist of light repair that is in and out the same day. General Review · The Andover Review Committee will review the commercial site plan for compliance to ordinances and standards including landscaping, parking, lighting, grading, drainage, and erosion control. · The proposed use appears to be consistent with the definition of an automobile service station, provided that general repair services are not performed. · Access to the site will be provided via Bunker Lake Blvd to Underclift Street. · Typical hours of operation would be 7:30 a.m. to 6:00 p.m. Monday-Friday, 8:00 a.m. to 4:30 p.m. on Saturdays, and closed Sundays. / / Page Three SUP 99-14 Automobile Service Station - Precision Tune August 24, 1999 . The nearest residential structure is approximately 20' from the northern property boundary. A combination of landscaping, berming, and\or fencing will need to be provided to ensure adequate separation of uses. . The proposed property was rezoned for commercial uses during the late 1970's, predating most of the existing homes in the vicinity. Commission Options The Planning and Zoning Commission may recommend one of the following options: 1. Recommend approval of the Special Use Permit, finding it meet the requirements of Ordinance 8. 2. Recommend denial of the Special Use Permit, finding it does not meet the requirements of Ordinance 8. In recommending denial of the request, the Commission shall state those reasons for doing so. 3. Table the request pending further information. Recommendation Staff recommends approval of the proposal subject to the provisions of the attached resolution. Attachments . Resolution . Location Map . Site Plan . Site Pictures . Letter from Precision Tune Stating Proposed Use - August 3, 1999. . Special Use Permit Application . Letter from S. Leines, 3642 15th Ave Ct, Anoka . Notice of Public Hearing I ) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R -99 A RESOLUTION APPROVING A SPECIAL USE PERMIT TO CONSTRUCT AND OPERATE AN AUTOMOBILE SERVICES STATION AT 3657 BUNKER LAKE BLVD NW BY PRECISION TUNE ON PROPERTY OWNED BY LOCAL OIL COMPANY OF ANOKA, LEGALLY DESCRIBED AS LOT 1, BLOCK I, LOCAL OIL ADDITION (PIN 32-32-24-24-0071 ). WHEREAS, Precision Tune has requested a special use permit to construct and operate an automobile service station at 3657 Bunker Lake Blvd. NW on property owned by Local Oil Company Of Anoka, legally described as Lot I, Block I, LOCAL OIL ADDITION; 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 5.03 & 7.03; and / WHEREAS, the Planning and Zoning Commission fmds the request would not have a detrimental effect upon the health, safety, morals, and general welfare of the City of Andover; and WHEREAS, a public hearing was held pursuant to state statute; and 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 on said property with the following conditions: 1) That the applicant obtains commercial site plan approval. 2) That the building and parking areas be adequately screened per Ordinance 8 3) Outside storage ofvehic1es and equipment overnight is prohibited. 4) That the operation abides by the definition of an automobile service station as defined by Ordinance 8, and subsequent ordinances. Any intensification into a general repair facility as defined by ordinance is prohibited. I Page Two SUP 99-14 Service Station - Precision Tune August 24, 1999 5) That the special use permit be subject to a sunset clause as stipulated in Ordinance No.8, Section 5.03 (d). 1999. Adopted by the City Council of the City of Andover on this 7th day of September CITY OF ANDOVER ATTEST: I.E. McKelvey, Mayor I Victoria V olk, City Clerk \ \ Ie ~~ II/ ~~ \~ ~I -i SUP 99-14 Precision Tune . 't:~1 I -m~ /~ / 0 - i~ I I /(~{ r'\ :\/" > - 140T t,\/'.. II i 1~L\~~ =l~;' ~ ~ I I I \ \ I i!=J ~ \ I ~~ I, ~ ~ ~ t I \ \~I.::i /! \a ,I I l-- '" 0 ~ ) j-I- I L 5 1 ~QT~~ ~ \ '1= .. . l' "---.1- 10 0 -:: leg i '- ~,\I :;; ,G ~ 0:; -~ I I '- lei t?)~-------:: 1:~ II I I pr; / tD..> ~ / /::=j ~ 1~l',IHI I) ~~' ..... =,. / --.; ) ~ vL..( I- '-I- '-I- Ir~ City of Andover - L ,\ I >t I / .'\~, H I ~I I N-V 1 H /-), <:: ~ /(A~ ~""-<\"II ... -~'" ___ I Q, "- . .::II ':l .1' ...., (. - '\. .' . , ( ;..... . .----\~C> . !l.lIi .'. / / ~ ." . .- IU~i .",; I L-_ ~..;..s.....,. rc-....../<2 ~ ..................uu 1",6. .......~ II 1_'" ~ , .,. l..) CITY OF ANOKA .~ d.",-;.......'. '. kl,' ,I wJ1. "',.>d ..../ / .... ..... r~l. ...... ...i.........~-.;i\0.. 1.6..> .<.~r iiU, ........ ." "dd. t....J. ..'i.. ,.'-'/.. ............. '--L- Rl NKEq LAKE BL V[ ~ = u..; ~ ~ l.... tI ..... <t I~ '-- "HI< I Nm -~ 1:~~'l:.iA'~t - /" .-- . Subject Property J /''''; Street Center Lines o 350' Mailing Boundary D Properties Notified ~ ~ l~ ~13~Tl;:IlIN ,l=h ~~~ -'(-~ !":)'=~ ,1,L' ',"'H 'r:I' 'ILL "IIJI"I.A if ;"<1., ~~~ ILOCATION ~ W r - >t lUl. ~, :9:t ~t I ! C!. , I I , LEGEND N fA. Sources: Andover Engineering Andover GIS Anolca County GIS Parcels Blot I Pareel Boundaries Rtght-of-Way Water Features 1 inch'" 490 feet RF. 115.883 Map Date: August 10.1999 (, ~!'" s~>>.}_ . I ~~ l--;ls-------- ----------~~.:::-~~~~~~~) I~~'-~~ ~ ,-->1.. I I " == z ~"'::::''''j I I r I I I I ....... ........- I I )j I i ~J -----~--- I ~ w w a: ~ en . ~t; ..~ ~'. ....e. z ~ u. ..J Co) a: w Q Z ::) , I I I I I I I ......l I I I : I I I : I ! I i I :. ---! .f .-uuuiih-------..uu---.. , 'u It .I~ .'.~ ~'tiil ~~ == ~I~ -~.-..--~'!~-..-------.lIll-----.-..-- II 'J'J.2~ . 2'." 2"'.' ............. \> ~ ~~ to ~ \> j " - "", -----i....t. .................. : ~'::..,---~.,.- ;. ~ . I . : ~ ! "".._~ l I .... ':->' . ob '1"1': .. ""'--'..------- BUN K E R L A K E B L V 0 . ------...-..-- ~--=.......~ ,f ! tP --'r-~ I , .>~.>~ ,<.:-;<~~~. ," ,(X1STN; So.. .' a..... < 1< . . / .'" " . // ' " ,~/ / .'", ,,,'. .' .'~' ., \. .... .... -- - I 1_- -=- t7 ( J' r 1 -'='-~ N. w. Looking East Towards Super America / _ :-_~~~.-::- ',_ =":--_~.J:;-~.i,;-;,;:.:..:,;::..,,;=-::=~-;..::;.:;:o.:...+-'~:,::::;~-.:;_~~.:~ .._ _ ..~ _ ~. _._.___" ._ _______________u_ -..,.. . _,,;_ . __~~~~~i~~~~:~~~~~~~:~~~~~~~~~~~~;~~- ___ _ __u -'-'_..._.._____~u_._ "._." _ ~ ~4~:;~~1~8~i}~~.~:::-:: ~~~.::~~~.. 08-03-1999 0'3: S6i=lM FROM PREC I 5 I ON TLN:: ~TO CARE TO 7558'323 P.Ell &II~ lAb- }, I I ~/~ i , I / August 3, 1999 David L. Carlberg City of Andover 1685 Crossto~n.Blvd. Andover, MN 55304 NW , / ~ I carelsite I 1 I I I Our business strategy and mixture of se~ices provided tolthe customer are more consistent with the automotive maintenance category rather than the automotive repair category. Sim~lar to a quick lube operation, we perform a large number of lUbe, oil and filter maintenance services. As a general rule, about 70% of the services we perform fire LOF services. Approximately 20% of the services we perform are maintenance services, including fluid changes, h~ses, filters, dtc. Approximately 5% of our services we perform are some type of light ;repair that is in and out the s~'lne day. Our operati!ons : are clean and neat. Our building; 'will be estheticaiuy pleasing. Our number of cars today are small compared to/the' Super America next door. We are veriywilling to work ~ith' everyone around us to be a coooperative neighbor. I Re: Potential Precision Tune Auto Blvd. and Round Lake Blvd. on I BUnker r!ake I I, i Dear Mr. Carlberg: Thank you for your consideration. DCJ: ej I , TOTAL P.01 " / 6321 Bury Drive. Suile 4 · Eden Prairie. Minnesota 55346 Telephone 934-4757 FAX 934-4834 .._"'_ _.. __.___u _....._ _.__ ...._._.... .._. _. ._. ._ _......-,..... J 'I''''''' "' . i.... .. i~-'j "..... ., ~ J ,..~, ,.. ......-......-... -- ""--.. .. vi ...-..... -..~~ .. ....... ltiBO CfI0SSTOWN- BOULEVARD N.W. . ANDOVE'~. UINN~TA g.~ . ~.1"~ .,~~~~~ - g~A~~ U~A ~~% ----- ---- ... ...-t-'=~....z -.....- - -- _..~-. --- ----- --- 36XX Fhlnkf='r I Rkp Roul~vaT'd T.._na1 n..:!,............_'" "...c "'_____......_ 'J-- ------r---- -- ~.-~w.-z. trill oi" v"~,..h_...... ~.. _______01_..._'... . --- ..-~--~--.-- -- -l:"r--I:'.~--..g/. ..-... ......... 1 glUL,;A 1 Aciai~ion Local Oil Addition 1l'IiIo~'" ~ ...... '3 c... ~ ').).., .". "2..4 00, \ (Lt metes and nounds, attach the complece legal dcsCL" l1H..iuIl. j IS the prapercy: Abstract or Tocrena 1 (~i& infoCMation must be provided and can he obtained f~o. the County. ) ----------------------------------------------------------------- Reason for Request Precision Tune Auto Care / Section of ordinanceSc.d f 7.()~ Current Zoning sc ----------------------------------------------------------------- Name of Applicant Motorscope. Inc. Add~ess 6321 Bury Drive, Suite 4, Eden Prairie. MN 55346 Home Phone Signature Business Phone 612-934-4757 Date /- 7- '17 -"-------------------------------------- .I Property O....ner (Fee Owner) 1, rE.~) It; It) O~ ./lJo!'JI, r j) J (If different from above) I' Address .;/v /~--;711 Il:}p 41>- ;}.Jd"1?- II?'\.. 6"'J-,o:? Home Phone ~ Busines~ phone t/ ,y-f':.}/-'jl'0J..:? ~ Date Cjf,/IJ. ~f ~r~~~------------------------------ .. 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER. MINNESOTA 55304. (612) 755-51OQ . t"l.-0-70(' -, f f) tI'8 /p~~ L/lL'fi;,~' . y (~" , ~~ - I,.) f/-/-?j . ~~ rz CITY of ANDOVER CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ;;;- "F -.:- ~ ~ ~ --== 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, August 24, 1999 at Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota to review ihe Special Use Permit request of Precision Tune to construct and operate an a~omobile service station on property zoned SC, Shopping Center pursuant to Ordinance 8, Section 7.03. The subject property is located at 3657 Bunker Lake Boulevard NW (pIN -32-32- 24-24-0071) legally described as Lot 1, Block 1, LOCAL OIL ADDITION. ~ ,... .,... -..::. r-:: ~ ,> c,. ~ '" "'~~u f f\-\''-<- ., r ~:: 'IV? . ~JY'/ !. . k'(LL C;J;\V /- . I-I l. '-- /~ .\,"' <'-:i ,,\ ~~ '\ 1 i ,.-. '", I" : ,(j.' ~ '\:, ^. \ \.1.': '\ ,'I .~ 1 !y. t,l 'It' ~ :.L <.:)k' r r;' 'I '\ \; ;,..' "C~' L: :y ~. ',' ~~J "l~ \/-t-' ~(( /~ ~\oP' 'V' \' ,Y' -< .....: rl" tf' L l, '" . ";j.0...N' \ \ :'\' "~/ . .... \'.2{'-' ~ v r\'\~ J ~'.' \. .1..-1 , \7 y - \'l, \l-''''. v" . /-." i I.' '-, (\ ,f,'1 - / (": . v ,~"\. '", /' \,. '::.......... _1 ',- ':. _.1'''' \;' .. r .. \. '\ ""I". i \__ \" ,\'cY '\.: ';':/ ,>-.. \ ,.~ ~ \ , ':' -,./ .,:' /<.~':'- .' ./ I:.... ):ic; (i/c)" Q" de fit; ;7 \ (, c <j r':._.,\V" j;-;'/(:J :(\,,: /\ 0 , I ~ t.'. I a!'>z" /(-12/!{ \ '--I (',:' <\... ',\ I{~ ."v ,,\'" . Adk 1tfF:' . 'J /\; \', \ -,..:. A ~ ./ /, L. .' I _ \ \ \ \) '. ' '\ ^ _ l"(. :. .....:.,~'-'~,'. . -' I.'., 771'~ ),.J:......., ,.frv . \.. ' ' . -' \' \.1 ~. ;~:i,D~~~e.l t~~~ :~;J-!i~~'V"'~-. /'~ . \~ \ N ,_: '{ t~~r \~~> ---,...~(.I.'} .;{~.~)c7T.. ~ ' -, /J r<-~ --c.1I. '\ l ,j vL';.'-- " ) ~/ 'r(' .~ :1;);'~' l' I .,1.;. "~ .' ( I~~'<L'--c:.,.. }-..!Z..Y'.I' L J jl (1!, ~. \. /".. \ < '::J X' V .-''' ~ cJ'lt'.. ::-&z,; y;,...7:";'" T. /~'- , '/ l) ';r" \"'\'--", -:~- .~ '\1. \ /j.,'-' , \ ",,' " f :C'~ ~~..... _' . .. . ,l.J<T~u.....-y\.l/V 1--71".\. ..... \ ,,:--+' \../...- '" , ~ 4 ---r ...Q)...-'J- A I,' / 1/ I , ,-, '-.J ~ \., U . \ ~ '\ 'y :2i ......{L~~1, /.J-.'.,y.. .-1 If _-r ,A/cKr') "')\ 1\ ;_:CIf ~ il,' (j...... \':-1 ,,' . / All written and verbal comments will be received at that time. A copy of the proposed application will be available for review prior to the meeting at City Hall. Please contact John Hinzman, City Planner with any questions or comments at (612) 755-5100. /' / ,-'"'. / {.A, . ./---v .r John Hinzman, City Planner 1 ~ ,. . . Publication dates: August 13, 1999 August 20, 1999 ""- - - -- - -..... / 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, August 24, 1999 at Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota to review the Special Use Permit request of Precision Tune to construct and operate an automobile service station on property. zoned SC, Shopping Center pursuant to Ordinance 8, Section 7.03. The subject property is located at 3657 Bunker Lake Boulevard NW (pIN 32-32- 24-24-0071) legally described as Lot 1, Block 1, LOCAL OIL ADDITION. . All written and verbal comments will be received at that time. A copy of the proposed application will be available for review prior to the meeting at City Hall. Please contact John Hinzman, City Planner with any questions or comments at (612) 755-5100. " ,J ~~" John ffinzman, City Planner v' Publication dates: August 13, 1999 August 20, 1999 / PIN 323224130082.0 Andover Limited Partnership 13735 Round Lake Blvd. AI:" .er, MN 55304 PIN 323224240061.0 MOELLER ANGELA ANN 13818 UNDERCLIFT STNW ANDOVER, MN 55304 PIN 323224240062.0 BELISLE DENNIS D & JOANNE R 13802 UNDERCLIFT STNW ANDOVER, MN 55304 PIN 323224240058.0 LASKA DAVID J & LUANNE L 13785 VINTAGE CT NW ANDOVER, MN 55304 PIN 323224240069.0 BOlE STEVEN L & SHANNON M 15288 TULIP ST NW ANDOVER, MN 55304 \. / PIN .>23224240070.0 WHITE SUSAN D 13748 ROUND LAKE BLVDNW ANDOVER, MN 55304 PIN 323224130083.0 Andover Limited Partnership 13731 Round Lake Blvd. Andover, MN 55304 PIN 323224240069.0 30ie Steven L & Shannon M 13752 Round Lake Blvd. -\ndover, MN 55304 PIN 323224130082.0 ANDOVER LIMITED PARlNERSHIP C/O ASSET REALTY ADVISORS INC 401 2ND AVE S STE 550 MINNEAPOLIS, MN 55401 PIN 323224240014.0 ' RAMOLA RONALD J & SHIRLEY A 13803 UNDERCLIFT ST NW ANDOVER, MN 55304 PIN 323224240011.0 MULHERN ARTHUR R & JONI S 13758 ROUND LAKE BLVD NW ANDOVER, MN 55304 PIN 323224240063.0 WILLIAMS JEFFREY D & JULIE R 13786 UNDERCLIFF STNW ANDOVER, MN 55304 PIN 323224240029.0 BLUE DONALD A & RENEE R 13737 UNDERCLIFT STNW ANDOVER, MN 55304 PIN 323224240028.0 MULLIGAN D D & INDERLEE H L * 13727 UNDERCLIFT STNW ANDOVER, MN 55304 PIN 323224240072.0 LOCAL OIL CO POBOX517 ANOKA, MN 55303 PIN 323224240067.0 ROSS SHAWN 13728 UNDERCLIFT ST NW ANDOVER, MN 55304 PIN PIN 323224240010.0 FORlNER LOLA L 13808 ROUND LAKE BLVDNW ANDOVER, MN 55304 PIN 323224240059.0 BEANE ROGER A 13803 VINTAGE ST NW ANDOVER, MN 55304 PIN 323224240015.0 CHAPMAN PATRICK W & LINDA A 13747 UNDERCLIFT ST NW ANDOVER, MN 55304 PIN 323224240057.0 MATHIS DONALD E & BRENDA L 13772 VINTAGE CTNW ANDOVER, MN 55304 PIN 323224240064.0 BRENGMAN WARREN A & SYLVIA M 13770 UNDERCLIFT ST NW ANDOVER, MN 55304 PIN 323224240065.0 HUYNH HAl VAN 13756 UNDERCLIFT ST NW ANDOVER, MN 55304 PIN 323224240066.0 CHRAST KERRY J & MOUNKINE V V* 13742 UNDERCLIFT ST NW ANDOVER, MN 55304 PIN 323224240068.0 TOTEV KIRIL A & MARIA M 13714 UNDERCLIFT ST NW ANDOVER, MN 55304 PIN 323224240071.0 Local Oil Co of Anoka INC 3657 Bunker Lake Blvd. Andover, MN 55304 PIN RUG. :"".19'39 2: 17PM CITY OF' DEV 1'10.367 323224310129 MEADOW CREEK I l'''' CURRENT RESIDENT , 'ROUND LAKE BLVD NW AJ..vKA, MN 5530 323224310124 BROKOFSKY PAUL 1 OR CURRENT REsIDENT 36441SlHAVENUECT ANOKA, MN 5530 323224310123 RAJEWSKY NANCY LOU OR CURRENT RESIDENT 36461STIIAVENUECT ANOKA, MN 5530 323224310090 BURNETT PAULA. K OR CURRENT RESIDENT 363715lHAVENUECT ANOKA, MN 5530 323224310089 ERICKSON IAN A OR CURRENT RESIDENT 363S1STHAVENUECT A"'~T(A. MN 5530 , / 323224310011 BAILEY TERRY D & KRISTINE G OR ctm.R:ENT RESIDENT 362614THAVE ANOKA. MN S530 323224310010 SHEPPARD DONALD &: KA11IE.R.mE OR CURRENT RESIDENT 3634 14TH A VB ANOKA, MN S530 323224310009 NICKILA TERESA A OR CURRENT RESIDENT 362714THAVE ANOKA. MN 5530 323224310008 HEATON DALE r &: CHERYL A OR CURRENT RESIDENT 361914THAVE ANOKA, MN 5530 , , 32, /310121 SE... CRSON ROXANNE I OR CURRENT RESIDENT 3640 15TH AVENUE CT ANOKA, MN 5530 323224310122 LEINES SALLY A OR CURRENT RESIDENT 3642 15m AVENUE CT A.'JOKA. MN 5530 32322431009l SEWALD ARLENE J OR CURRENT RESIDENT 3633 15lH AVENUE CT ANOKA, MN 5530 323224310092 HOLM BENJAMIN H OR Ct.l'RRENr RESIDENT 36311STHAVENUEcr AJ.'JOKA, MN 5530 323224310120 GERrZ CHRISTINE E OR CURRENT RESIDENT 3634 ISlH AVENUE CT ANOKA,l\1N 5530 323224310119 BURKE MARL YS J &: BOWITZ 0 A OR CURRENT RESIDENT 3636 15TH AVENUE Cl' ANOKA, MN 5530 323224310093 BRENNYDAWN A OR CURRENT RESIDENT 3625 15m AVENUE Cl' ANOKA, MN 5530 323224310094 WALLIN EVONNE E OR CURRENT RESIDENT 3627 15TH AVENUE CT ANOKA, MN 5530 323224310012 FREESE JEROME F &: JtJLIE A OR CURRENT RESIDENT 3618 14TH AVE ANOKA, MN 5530 323224310118 ORGON SCOTT A&: ROSL YN M OR CURRENT RESIDENT 36321STIIAVENUECT ANOKA, MN 5530 323224310117 MCINTYRE JOHN R OR CURRENT RESIDENT 3630 15TH AVENUE CT ANOKA. MN 5530 P.2 AUG. 10. 1999 2:18PM CITY Of DEV NO. 367 I 224310095 ! . ...tIDRICK PAMELA !:.....J OR CURRENT RESID~N! I 3623 l5TH AVENUE CT ANOKA, MN 5530 i 323224310096 i HARRIS CINDY &: NE:lTZEL CARLA OR CUR.R.ENT RESIDENTj 3621lSTHAVENtJECT i ANOKA., MN SS30 ! 323224310007 " ABERWALD TIMOTHY &. DEBORAH OR CURRENT RESIDENT i 361l14TI!AVE : ANOKA, MN 5530 323224310130 : MEADow CREEK I I OR CURRENT RESIDENT ! 3601 ROUNDLAKEBLVDINW A.'lOKA, MN 5530 323224310116 /-1)NOLD MARGARET E i >:URRENT RESIDENT i ;,v~ lSTHA VENUE CT ' ANOKA, MN 5530 3232243 lOllS OJANENPAlRICIAE OR CURRENT RESIDENT 3626 ISTII AVENUE CT ANOKA, MN 5530 323224310013 SZThfANSKI MICHELLE AI &. ADAM 1 OR CURRENT RESIDENT i 3610 14m AVE ! ANOKA, MN 5530 323224310097 _~ ROALSTAD THOMAS &: KljHJ:::K C ORCURRENTRESIDENT . 3615 15TH AVENUE CT ANOKA, MN 5530 323224310005 i HINRICHS MATTHEW 1 &: KAROLYN v OR CURRENT RESIDENT "-q OAKVIEWWAY . I KA., MN 5530 323224310098 JENSEN MARlL YN J OR CURRENT RESIDENT 36171STHAVENUE CT ANOKA, MN 5530 323224310113 ZEITEI. 'TERRANCE F &: SHARON A OR CURRENT RESIDENT 3620lSTIlAVENUECT ANOKA, MN 5530 323224310114 TAYLOR LORA L OR CURRENT RESIDENT 362215TI!AVENUECT ANOKA., MN 5530 323224310006 GRUBER GARYL &: KATHRYN R OR CURRENT RESIDENT 1327 OAKVIEW WAY ANOKA., MN 5530 323224310099 GREENE BEVERLY A OR CUlUlENT RESIDENT 361315TIIAVENUECT ANOKA, MN 5530 323224310100 DALESKE ANNE MARIE OR CURRENT RESIDENT 3611 15TH AVENUE CT ANOKA, MN S530 323224310014 DISCHINGER mOMAS L &: LINDA OR CURRENT RESIDENT 3602 14TH AVE ANOKA, MN 5530 3232243l011l IMDIEKE KATHRYN MARIE OR CUR:RENT RESIDENT 3616 15TH AVENUE CT A.~OKA, MN 5S30 323224310112 LARSON I &: LUND W OR CURRENT RESIDENT 3614 lSTII AVENUE CT ANOKA, MN 5530 323224310102 MELLEM KAREN I OR CURRENT RESIDENT 3607 15TH AVENUE CT ANOKA, MN 5530 323224310110 SHARPE PATRICK E OR CURRENT RESIDENT 3612 ISTH AVENUE CT ANOKA. MN 5530 P.3 AUG. 10. 1999 2:18PM CITY Of")EV 323224310103 MARCY SHERRIE RAE OR CUllRENT RESIDENT . :031SmAVENUECT ..NOKA,MN5530 323224310107 TYNES LORI L OR CtlRR.ENT RESIDENT 3606 15TII AVENUE CT ANOKA, MN 5530 323224310106 PETERSON KAREN A OR CURRENT RESIDENT 36021STIIAVENuECT ANOKA. MN 5530 3232243100lS BERNSTROM RONALD A & CONNlE 1 OR CURRENT RESIDENT 3S1814TIIAVE ANOKA. MN 5530 323224310109 FOURNIER. LAWRENCE &. DOROTIiY OR CURRENT RESIDENT 36101STHAVENUECT ANOKA. MN 5530 / 32322431010l JOHNSON ANTON E &. MYRNA C OR CURRENT RESIDENT 36051SlHAVENUECT ANOKA, MN 5530 323224310132 JINDRA KENNEm ] &. DARLENE OR CURRENT RESIDENT 3511 ROUND LAKE BLVD NW ANOKA, MN 5530 323224310108 LIAN SHIRLEY A OR CURRENT RESIDENT 3604 15m AVENUE CT ANOKA, MN 5530 323224310025 SHARPE JOSEPH D &. MARIE OR CURRENT RESIDENT 1318 OAK-VIEW WAY ANOKA. MN 5530 ."'3224310104 / MILTON DEBORAH M ~<<. CURRENT RESIDENT 36011SmAVENUECT ANOKA. MN 5530 323224310105 HAYNESCAROLJ OR CURRENT RESIDENT 3600 Ism AVENUE CT ANOK.A, MN SS30 . 1'10.367' P.4 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: September 7. 1999 AGENDA SECTION ORIGINATING DEPARTMENT Discussion Planning Jeff Johnson ITEM NO. Discuss Ordinance No.8, Sections 4.05, 4.21 and 6.02 Accessory Structures and Fences 4. At the July 6, 1999 City Council meeting, Council requested that the Planning and Zoning Commission review the setbacks for structures and fencing requirements on comer lots. On July 27, 1999 and August 10, 1999 the Planning and Zoning Commission met to review these ordinances. Corner Lot Setbacks The Commission requested that Staff contact neighboring communities to see if they allowed detached structures to encroach into the sideyard setback from the street on comer lots and to see if structural uniformity in these communities are being met. The results of this research concluded that all (with the exception of one community {Blaine}) of the neighboring communities maintain structural uniformity on comer lots. At the August 10, 1999 meeting, The Planning and Zoning Commission recommended (6-1 vote) to the City Council no change to the ordinance regarding setbacks. Please review attached minutes. Corner Lot Fencinl! Requirements Comer lot fencing requirements were discussed in detail at the August 12, 1999 Special City Council meeting with the Zoning Ordinance Review Task Force. It was recommended at this meeting that the Zoning Ordinance be changed to require the fencing height on comer lots be reduced to four (4) feet in the sideyard setback from the street. This language will be placed in the revised Zoning Ordinance. AGENDA ITEM CITY OF ANDOVER REQUEST FOR PLANNING COMMISSION ACTION DATE AUlmst 10. 1999 ORIGINATING DEPARTMENT APPROVED FOR AGENDA Planning JeffJohnson 4. Discussion Continued: Ordinance No.8, Sections 4.21 ~nA t; (1') REQUEST BY: BY: At the July 27,1999 Planning and Zoning Commission meeting, the Commission reviewed the setback requirements for structures and fences on corner lots. The Commission requested that Staff contact neighboring communities to see if they allow detached structures to encroach into the sideyard setback from the street on corner lots and to see if structural uniformity is being met. The results of this research is as follows: , Community Anoka Blaine Coon Rapids Champlin Ramsey Allow Structural Encroachments into Sideyard Setback from Street No Yes * No No No * Blaine has a 30 foot front yard setback and a 20 foot sideyard from the street setback. Zoning Ordinance Attachments Section 4.05 Section 4.21 Section 6.02 J Accessory Buildings and Structures Fences Minimum Setback Requirements Please review and comment. I \ l CITY OF ANDOVER REQUEST FOR PLANNING COMMISSION ACTION July 27, 1999 DATE AGENDA ITEM ORIGINATING DEPARTMENT APPROVED FOR AGENDA 8. Discussion: ,Review Ordinance No.8, Sectic 4.05 - Accessory Structures, 4.21 - Fences and 6.02 - Setbacks Planning Jeff Iohnson BY: BY: I I , I Reauest I At the City Council meeting on July 6, 1999 City Council requested that the Planning and Zoning Commission review the setbacks for structures and "fencing requirements on comer lots. I have attached copies of the following sections of the Zoning Ordinance (Ordinance No.8). Attachments fection ~.05 - Accessory Buildings and Structures Section 4.21 - Fencing Section 6.02 - Minimum Setback Requirements Brief Historv Numerous discussion over the years have taken place at regular City Council meetings and Planning and Zoning Commission meetings regarding setbacks and uniformity for accessory structures and fences on comer lots. The Building Department and the Planning and Zoning Department have worked closely over the years to ensure that uniformity is met for all attached and detached structures. The Zoning Ordinance Review Task Force has reviewed the Zoning Ordinance regarding these issues and has recommended no changes to these requirements. , / Regular Andover City Council .'v[eeting Minutes - July 6. /999 Page 2 (Consent Agenda. Continued) Item 22 Item 23 Item 24 Item 25 Item 26 Item 27 Item 28 Item 29 Item 30 Item 31 Item 32 Item 33 Approve Purchase of Public Hearing Notification Signs Amended Fee Schedule (to include a fee for Public Hearing Notification Signs) (Resolution RI47-99) Approve Purchase of Half Section Map Books Approve Auto Recycling Yard LicenselAnoka Auto Wrecking/1775 Bunker Lake Boulevard NW Personnel Policy Section 12 (a)/Work Hours Approve Final Payment/IP97-12lWells #7 and #8rrest Wel1s (ResOlution R148-99) Approve Garbage Hauler License (Corrow Sanitation) Accept Partnership Award for Tri-City GIS Approve QuoteIHoward R. Green/Water Distribution System Model Update Update on Lakeview Terrace Traffic Neighborhood MeetinglIP99-26 Accept DNR Community Forest Health Grant Approve Kennel Licenses (Dover Kennels, Rescue St. Bernards) Motion by Knight. Seconded by Johnson, approval of the Consent Agenda. Motion carried / unanimously. ( APPROVAL OF .1-fI!,liUTES June 8. 1999. Special.\leering: Correct as \vritten. June 15. 1999. Regular .'.leering: Correct as \.\;Titten. Motion by Knight. Seconded by Orttel. approval of the June 8 Minutes. Motion carried on a 4- Yes, I-Present (Jacobson) vote. Motion by Orttel, Seconded by Jacobson, approval of the June 15 Minutes. Motion carried on a 4- Yes. I-Present (Johnson) vote. VARIANCE/! 297 142ND A VENUE NW/DAN DEKOK, CONTINUED Councilmember Orttel stated in contemplating this request, the Council was elected to do what is right for the residents of the City. Sometimes what is right for the majority isn't right for the individual. On this item, the Planning Commission didn't feel the request was wrong. The request doesn't seem to be wrong, but the ordinance says it is not allowed. The Council is elected to uphold \ the laws. But in his opinion, there is no victim in this issue, so possibly a review of the ordinance / by the Planning Commission is in order. He didn't see a hardship in this situation, but possibly there should be a provision in the ordinance regarding the difference between temporary and permanent buildings. Regular Ando~.er City Council ,I.,feeting , .\finutes - July 6. 1999 Page 3 (Variance/1297 l.J2nd Avenue ,VW/Dan DeKok, Continued) Mayor McKelvey agreed, feeling this is an unusual situation. The ordinance was written to prevent the blocking of the sight line; however, in this case, the building is behind an existing six-foot fence and will not be seen by anyone. He understands the Planning Commission will be considering a change to require shorter fences on corner lots; however, that will not affect this case because the fence exists. It would be legal for Mr. OeKok to put the building on an 8-foot snowmobile trailer and park it in the back yard. That would be much more unsightly to the neighbors and not something he would like to see done. Councilmember Johnson felt there is no hardship as defined in the ordinance. She has checked on the certificate of survey for the house and pool and the dates. This ordinance was in place before the pool was installed. ,l-Iotion by Jacobson. Seconded by Johnson, the Resolution denying the variance request, with a correction on the fourth paragraph. which should read: WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the variance request. (Resolution R149- 99) DISCUSSION: ) Dan DeKok. 1297 1-l2nd Avenue - argued the hardship is due to the size of the lot. The City changed the ordinance on the width of comer lots from 90 to 100 feet because it recognized a 90-foot lot is too small for three-car garages or other uses in the back yard. He has the smallest lot allowable in Andover, which is now required to be larger. There are other lots with the same \vidth, but those have greater lengths. He felt this should be taken into consideration. The Planning Commission felt he met the qualitications for a variance. At the Planning Commission meeting. Commissioner Apel felt the ordinance didn't apply here because the fence already interferes with the sight lines. There were only three other requests for this variance in the past 25 years and none with the same situation as his. One was approved. One was denied because there was another location for the building. In his case, there is no other place to put the shed. He felt the Council should look at the individual cases and ask if this is a legitimate problem. Mr. OeKok stated he probably doesn't meet the requirements of the variance having to do with the topography, but he is doing as much as he can. Attorney Hawkins advised the ordinance is clear that the hardship must be due to the physical characteristics of the land. not having to do with the design of the structure or buildings or size of the lot. Overbuilding on a smaller lot doesn't mean one can argue the lot is too small. Mr. DeKok stated since he has been coming to meetings, he has seen the Council approve variances for decks when the house is built too close to the property line. How do they differentiate between that and his situation? He purchased an existing house. When talking about creating one's own , hardship, how is allowing a deck to encroach 7 feet into a 10-foot setback any ditTerent than putting ) a building too close to the lot line? Councilmember Johnson asked where he was planning to store the chemicals when he installed the pool. - ~ Regular Andover City Council .Heeting Jlinutes - July 6. 1999 Page -I (Variance/1297 1-l2nd Avenue l..W/Dan DeKok, Continued) ~1r. DeKok stated when talking to the company that installed the pool and with his neighbors, he was told there would be no problem. He acknowledged, however, that he should have talked with the City first. He was assuming that the ordinance applied to permanent buildings that were on footings or on a slab. This shed can be moved and is not permanent, so he assumed the ordinance did not apply to it. Vote on motion: Motion carries on a 3-Yes, 2-No (McKelvey, Orttel) vote. ~ The Council generally agreed the hardship involving the land did not apply in this situation, yet the request does seem to be reasonable. Because of that, they suggested the ordinance provision be reviewed to consider whether these types of items would be acceptable. If there are acceptable situations, they should be written into the ordinance so the item does not have to come to the Council. ~1r. Carlberg stated he will add the item to the July 27 Planning Commission Agenda, and it will then be brought back to the Council some time in August \vith a recommendation. The Council generally agreed to allo"... ~lr. DeKok to keep the shed until the ordinance issue is resolved. / Motion by Ornel. Seconded by Knight. that the Council redirect the issue having to do ""ith setbacks ( on comer lots to the Planning Commission for formal review, not this specitic case, but in general; and that until such time that this is returned back to the Council for final consideration, that the temporary structure on this propert;.' would be allowed to remain. Motion carried unanimously. ACCEPT PETlTlO;VIIP99-27/J/OORE'S ESTA TES A;VD ADJACENT AREAS The Council noted the petition for municipal sewer and water. storm sewer and streets in Moore's Estates. Several older septic systems in the neighborhood are failing. It was also pointed out that the City has never leap frogged "'i'hen providing those utilities; and at the moment. those utilities are not available to this area. Also, those with larger lots skew the petition to the negative. Mr. Erickson felt a feasibility study could be done in-house at the cost of Staffs time. Mr. Carlberg stated the area east of the railroad tracks is designated for potential development in the years 2005 to 20 I O. The Council felt the development phasing would not be considered if there are failing septic systems; however. they also felt that the costs for extending the utilities to that area should be determined. While it may be premature to run utilities to that area now, both the City and the residents should know the costs and the issues to be addressed. /l-/otion by Orne!. Seconded by Jacobson, that the Council recognize the nonsufficient petition which / has been received for the municipal improvements in the area around Crossto'Wl1 and the railroad tracks. and that we order Staff to prepare an in-house feasibility report on those improvements requested for future reference knowing the trunk is not available at this time for the extension of sewer and water; but that feasibility report will be available for future reference. 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II ~uU).. .,,2..-E ~..-~ ~.~~~ ~.E .~ i .D:;"E= ~=c< ~~ ~~ __1.00':_ < ;': o. . . . ::z:. ... " << "- Co. '1', ~" -~ ~ N ... '" '3C family detached purposes provided the measurements of such area, width and yard space are within sixty (60%) percent of the requirements of this Ordinance; but said lot or parcel shall not be more intensively developed. (8B, 9-21-76; 8F, 2-19-80) ( (B) Except in Planned Unit Developments there shall be no more than one (1) principal building on one (1) lot in all residential districts. (C) An access drive to every principal building shall be provided and constructed according to minimum standards of City of Andover when such building is three hundred feet (300') or more from a thoroughfare or street (D) Access to any street shown on the Adopted Major Thoroughfare Plan shall require a curb cut permit as issued by the City Building Inspector. (E) If any plat, for which preliminary approval has been granted by the City Council on or before October 21, 1970 is finally approved and filed on or before October 21. 1971. lots contained therein shall be deemed buildable lots and the provisions of Section 4.04 shall apply. In all other cases, the provisions and requirements of this Ordinance shall apply. 4.05 Accessorv Buildin!!: and Structures (A) ):0 accessory building or use shall be constructed or developed on a lot prior to the time of construction of the principal building except by Special Use Permit. (B) ~o accessory building in a residential area shall exceed the height of the principal structure except subject to Section 4.06 (F) and Section 8.21. (C) Accessory buildings on a residential parcel of five (5 a.) acres or less shall be subject to size restrictions based on the total square footage of land cover of the foundation of the principal structure as stated below. However, in the case where the accessory building seC'v'es to satisfy the minimum garage requirements as specified in Section 6.02, the garage will not be calculated in the accessory building square footage requirement. (8MMMM, 11-07-95) ( I) The accessory buildings on a residential parcel with a lot area of tive (5 a.) acres or less, but more than one (1 a.) acre, shall not exceed the total square footage of land cover of the foundation of the principal structure. (8MM~IM. 11-07-95) (2) The accessory buildings on a residential parcel with a lot area of one (I a.) acre or less, shall not exceed seventy-five (75%) percent of the .,,\ (i) / J total square footage of land cover of the foundation of the principal structure. (St.:". 7-19-S3) (S~L\[\!~I. 11-07-95) (D) \\inen a private garage is oriented so as to face onto a public right-of-way it shall not have less than the minimum required setback for the principal structure as measured from the lot line. (E) Accessory buildings and structures located in residential zoned districts that are one hundred and twenty (120) square feet or less shall be setback a minimum often (10) feet from side and rear lot lines. Accessory buildings and structures located on corner lots are required to meet the sideyard setback requirements from the street as stated in Section 6.02. Accessory buildings and structures located in residential zoned districts that are greater than one hundred and twenty (120) square feet shall comply with all setback requirements as stated in Section 6.02, All accessory buildings and structures shall not be constructed or placed in a drainage or utility easement. (S88BBB,9-16-97) (F) Accessory buildings in the "'Business ., and "'Industrial" Districts shall not be closer than ten (10') feet from side and rear lot lines subject to provisions for abutting residential zone provided herein. (0) ~o detached garages or other accessory buildings shall be located nearer the front lot line than the principal structure except as herein provided: (I) On residential parcels with a lot are of one (I a.) acre or more, a detached garage or accessory building may be constructed closer to the from lot line than the principal structure, however, the minimum distance it may be form the front lot line is sixty (60') feet. (2) All detached garages or accessory buildings constructed nearer the front lot line than the principal structure shall be similar in design and exterior finish material so as to be compatible to the principal structures. (SU.7-19-83) (H) No accessory building in a commercial or industrial district shall exceed the height of the principal building except by Special Use Permit. (f) An accessory building may be located within the rear yard setback provided said accessory building does not occupy more than twenty-five (25%) percent of a required rear yard. (1) A private garage in a residential district shall not be utilized for business or industry. Further, that not more than one-half (l/2) of the space may be 25 rented for the private vehicles of persons not resident on the premises, except that all the space in a garage of one (I) or t\...o (2) car capacity may be so rt::nted. Such garage shall not be used for more than one (I) vehicle registered as a commercial vehicle ....ith the State of Minnesota. Said vehicle must be registered to the property leasor, or relative living on the premises. The gross weight of such commercial vehicle shall not exceed 12,000 pounds gross capacity. (8KKK, 1-16-90) In an R-1 or R-2 Single Family Residential District on a parcel of at least three (3 a.) acres in size, one (I) truck-tractor may be stored within an accessory building. This shall not include the parking of semi-trailers. (8KKK,1-16-90) (K) Vehicles exceeding 10,000 pounds gross weight shall be parked in a garage or along the side or rear of a residential lot. Such vehicles shall not be parked in the front yard. / (L) No permanent sheet metal, painted or unpainted accessory building, except small garden sheds not exceeding one hundred t\....enty (120) square feet, shall be allowed on parcels of three (3 a.) acres or less in all residential districts and within the Metropolitan Urban Service Area (:'vruSA) Boundary. The foregoing shall not apply to painted and finished metal siding normally used on residential structures. (81, 10-21-80; 8U, 7- [9-83; 8000, [[ -0 1-88; 8QQQ. 4-02-9 [) -t06 Permitted Encroachments. The following shall not be considered as encroachments on setback and height requirements subject to other conditions hereinafter provided: (A) In any yards: posts, flues, belt course, leaders, sills, pilasters, lintels, cornices. eaves, gutters, awnings, open terraces, opt::n canopies, steps, flag poles, chimneys, ornatnt::ntal features, open fire escapes, sidewalks and window wells. (8PPP. 11-06-90) All projections shall not exceed thirty-six (36.') inches as measured at ground level. (8PPP, 11-06-90) (B) In side and rear yards (not along a street): Detached outdoor picnic shelters or living rooms or patio decks may extend to within ten (10') feet ofa side or rear lot line except that no such structures shall exceed five hundred (500 s.f.) square feet. (8PPP, 11-06-90) , / (C) On a comer lot: Nothing shall be placed or allowed to grow in such a manner as materially to obstruct vision between a height of two and one-half (2 Y: ') feet and ten (10') feet above the centerline grades of the intersecting 26 (5) The proposed development is of such unique nature as to require consideration under conditions ofa Planned Unit Development. It shall be determined that the .....ariances are required for reasonable and practicable physical development according to a plan and are not solely on the basis of financial considerations. (B) The governing body, upon review and recommendations of the Planning Commission, shall find that the proposed development is fully consistent with the purpose of this Ordinance and in conformity with the Comprehensive Plan. (C) The development shall conform to the plan as filed with City of Andover or as thereafter amended. (D) A Special Use Permit is granted. / 4.19 2-Familv Home Conversions. Such conversions may be permitted following issuance of a Special Use Permit provided that each dw.elling unit be provided "vith indi.....idual seVier stubs, individual wells or sources of water, and that a party "vall agreement, including an arbitration clause, be entered into by all affected parties. Such conversion must take place pursuant to a plan submitted to the Planning Conunission shov,,'ing the location of the sev./er stubs, individual wells or sources of water, party wall; shall include submission of said party wall agreement: and upon submission of a surv.ey setting out each individual lot and its location along said party "vall. (8N, 10-06-81; 8BB, 4-02-85; 8RR, 7-21-87) 4.20 Density Zoninz. Single-family homes may be excluded from lot area and setback requirements provided a Special Use Permit is issued under terms of the Planned Unit Development provisions of this Ordinance. In the alternati.....e the City Council may require all land so excluded from the lot area to remain in private ov.mership, but, require the owner to record restrictive covenants. in favor of the City. which would prohibit the development of such property until such time as public utilities are available. (8lI, 10-07-86) -u I Fences and \Valls. Fences. "valls and similar barriers shall be permitted in all yards subject to the following: (A) Any fences, hedges and walls, following the adoption of this Ordinance amendment.. may be located in any private yard or along a side or rear property line, unless the City deems it necessary to access the area for drainage and utility purposes. (8BBBB,8-17-93) / 31 / (B) Any fence, hedge, or wall in excess of six (6') feet in height shall meet the minimum required building setback for the Zoning district in which it is located and does not create a traffic hazard. (8PPP, 11-06-90; 8BBBB, 8-17-93) ( (C) Any fence, hedge, wall or similar barrier located in the minimwn required front yard setback shall not be over four (4') feet in height or obstruct vision and thereby create a traffic hazard. Any such fence, hedge, wall or similar barrier shall be removed by the Omler upon action of the Andover City Council. (8PPP, 11-06-90) (0) Any fence, hedge, wall or similar barrier which is not properly maintained so as to create an eyesore or nuisance shall be removed or repaired to an original condition by the Omler upon action of the Andover City Council. (8PPP, 11-06-90; 8ZZZ, 10-06-92) (E) A security arm for barbed wire to a maximwn height of eight (8') feet may be permitted by Special Use Permit in any Industrial or Business District. (8PP,II-06-90) , / (F) Barbed .vire and electric fences shall not be permitted in platted residential lots of less than 2.5 acres. A sixty (60) day amortization period shall be established for non-conforming fences. (8222, 10-06-92) (Gl F ~nces which are for the sole purpose of containing non-domestic animals are not subject to the provision of this Ordinance. -J.22 Access Drives. Access drives may be placed adjacent to property lines except that drives consisting of crushed rock or other non-finished surfacing shall be no closer than one (I ') foot to any side or rear lot line. -J.23 Land Reclamation. Land reclamation shall be permitted only by Special Use Permit in all districts. The permit shall include as a condition thereof: (A) A finished grade plan which \vill not adversely affect the adjacent land, and as conditions thereof shall: (I) Regulate the type of fill permitted (2) Program for rodent control (3) Plan for fire control j (4) General maintenance of the site 32 Regular Andover Planning and Zoning Commission Meeting !vIinutes - August 10, 1999 Page 3 developments projects. He stated this matter should be investigated to be certain these businesses are not included by default. Chairperson Squires stated this was a good point. He stated Page 4, Section 4, Subdivision 2 indicates "No person shall construct, install, repair, remove, or relocate or perform any other work on, or use any Equipment or any part thereof located in any Right-of-Way without first being registered with the City." He stated that this language was somewhat broad, and that he did not think an application to private property owners was the intent of the ordinance. He suggested staff request the City Attorney to review the language to insure it is not too broad. Motion by Falk, seconded by Dalien, to close the public hearing at 7:07 p.m. Motion carried on a 7 - ayes, 0 - nays, 0 - absent vote. Commissioner Apel stated the Commission could forward a recommendation of the ordinance, with the stipulation that the City Attorney review the language to insure that it does not interfere excessively with homeowner driveway construction or improvement, adding, if interpreted as written, it might be very restrictive. ) / Motion by Apel, seconded by Falk, to recommend to the City Council Approval of Ordinance No. 240, an Ordinance Providing For Public Right-of-Way Management, with the Request that the City Attorney and Staff Review the Issue of the Scope, to Assure it is Not Openly Broad, and Covers Private Land Owner Activities that It Was Not Intended To. Motion carried on a 7 - ayes, 0 - nays, 0 - absent vote. Mr. Johnson stated that this matter would come before the Council for consideration at the September 7, 1999 City Council meeting. DISCUSSION CONTINUED: ORDINANCE NO.8, ACCESSORY STRUCTURES, 4.21 FENCES AND 6.02 SETBACKS - DISCUSSION WILL FOCUS ON THE SETBACK REQUIREMENTS IN SIDEYARDS FROM STREETS ON CORNER LOTS. Zoning Administrator Johnson stated, at the July 27, 1999 Planning and Zoning Commission meeting, the Commission reviewed the setback requirements for structures and fences on corner lots. Mr. Johnson stated the Commission requested that staff contact neighboring communities to determine if they allow detached structures to encroach into the sideyard setback from the street on comer lots, and to see if structural uniformity is being met. He provided the Commission with the results of the research. :) Mr. Johnson stated staff had contacted the cities of Anoka. Blaine, Coon Rapids, Champlin and Ramsey. He stated four of these five communities do not allow any structural Regular Andover Planning and Zoning Commission Jl"feeting "-linutes - August 10. 1999 Page -I ( / encroachments to the sideyard setback from the street. He stated Blaine, which has a 35-foot sideyard setback, allows a 20-foot sideyard setback from the street, which indicates they allow a ten-foot encroachment. Mr. Johnson stated, with the exception of Blaine, the research appears to indicate these cities are maintaining uniformity. He stated that the City of Andover requires the 35-foot front yard setback, and the other communities require 25 to 30- foot front yard setbacks. He stated the City's 35-foot setbacks are fairly restrictive in the urban areas, however, they allow for large front yards. He stated the other cities' requirements provide property owners more use of their property. Mr. Johnson stated the City Council directed the Commission review this matter, and provide their opinions and recommendations regarding whether or not they wish to amend the ordinance, and allow some encroachment into the sideyard setback, or leave it as is. Commissioner Hedin stated he would like to see further information indicating the actual setback requirements. Mr. Johnson stated, as he was aware, none of the communities researched had a 35-foot setback. He stated that four of the five, maintained uniformity, with the exception of Blaine. Chairperson Squires opened the floor for public input. / Chair Apel inquired regarding the number of years this ordinance has been in place. Mr. Johnson stated it has been in place since the adoption of the City's zoning. He explained that the ordinance has always been enforced as it exists, however, in 1997, it was amended to clarify the language of the uniformity requirements and setbacks. ( Commissioner Hedin inquired if a structure of less than 120 square feet in area could be located within the setback in the other cities. Mr. Johnson stated many of these communities permit all structures, regardless of the size to assure setback requirements are met to protect themselves. Commissioner Dalien inquired if the other communities allowed fences. Mr. Johnson stated that this question had not been explored in the present research. Commissioner Daninger stated the deep setback has made it difficult to meet the strict requirement with structures at the rear of the property. Mr. Johnson stated this was correct. He explained many of the other communities' require a minimum front width of 80 feet at the setback, as does the City of Andover. He stated the requirement for corner lots was previously 90 feet, however this had been changed to 100 feet, to allow for more use of the space. Commissioner Daninger stated there were a number of lots existing prior to that change that an amendment to the ordinance could effect. Mr. Johnson stated this was correct.a , " / Regular Andover Planning and Zoning Commission Meeting },,[inures - August 10, 1999 Page 5 Dan Dekok, 1297 142nd Avenue NW, stated he had contacted the other communities to learn their setback requirements for accessory structures on comer lots, and provided the Commission with his research. Commissioner Apel stated if the Commission decided to recommend an amendment to the ordinance to benefit people in Mr. Dekok's situation, they could provide an exception to the requirements for corner lots. He stated it appeared problem was primarily in regard to corner lots. Chairperson Squires stated that if they amended Li.e ordinance to be consistent with the neighboring cities, it would help this particular case. Commissioner Apel stated this would not affect the body of the ordinance, as it would only apply to sideyard setbacks on corner lots. Commissioner Daninger stated the 90-foot lot width requirement was changed to 100 feet in an effort to prevent a problem. He inquired how many 90-foot lots would be affected in light of this situation, and if the ordinance should be amended, or rather a hardship be considered. He noted the requirement had previously been challenged only three times, and two of these requests for variance had been denied. " / Commissioner Apel stated he believed, short of amending the ordinance, this variance request would have to be denied as well. He stated the Council had the same problem the Commission, in that they would like to grant the variance, however, without an amendment to the present ordinance, they were unable to. Commissioner Daninger stated the Council had denied this particular request on a three - two vote. Commissioner Apel stated this was correct, and a valid point, however, the Council itself could take the opposite position, and the only way Mr. Dekok could solve his problem would be through an ordinance amendment. He added it is possible Mr. Dekok's problem was created by the previous amendment to the ordinance, which changed the minimum lot width requirement to 100 feet, in recognition of the problems caused by the 90-foot lot width. Commissioner Daninger inquired if this situation would be considered a hardship, and if so, would the City need to amend the ordinance with every hardship presented. Commissioner Apel stated not necessarily, however, it should be considered from the standpoint of whether or not the language of the ordinance was too restrictive in this regard. He stated that the setback requirements were somewhat arbitrary, explaining that the property O'Wller can construct a six-foot wooden fence on his property line, yet could not place a small shed closer to the fence, due to the side yard setback. He stated this does not appear to be very logical. Commissioner Apel stated the ordinance required some minor adjustment to provide more logical results. He stated this matter does not affect health, safety and welfare, which are the main criteria to be considered in amending the ordinance. He stated that this matter had been sent to the Council on a unanimous Commission vote for approval of a variance. He stated J the matter was directed back before the Commission, and if their position was the same in Regular Andover Planning and Zoning Commission ,'vIeeting Alinutes - August 10, 1999 Page 6 ( / regard to the structure, and for the sake of consistency, it was up to them to recommend a change to the ordinance. He stated it was for the Council, through consultation with the City Attorney, to determine if their recommendation was a valid one. Mr. Dekok stated that not every corner lot would be affected in the same manner, as most are back to back, and require a 25-foot setback. He stated, however, his backyard butts up to his neighbor's front yard. He stated that even if he did not have a swimming pool, there was very little space to place a structure on his lot. He stated when his house was built, the minimum lot size requirement was 90 x 130 feet, and many other lots of the same width are possibly 150 feet deep. Commissioner Hedin stated, upon reviewing the research, he did not see any other communities requiring a 35-foot sideyard setback, and would not be opposed to amending the ordinance to indicate a 3D-foot sideyard setback. Commissioner Daninger stated if the requirement was changed to 30 feet, Mr. Dekok's situation would still require a variance. Mr. Dekok stated that it would not in this event, as he could place the structure outside his fence, and under his window which would be five feet under the setback. He stated this would meet the requirement, however, the Council had considered the question of uniformity, and that you would not be able to see the shed if it was inside the fence, where it is less visible. / Commissioner Falk inquired if Mr. Dekok's house was built prior to the ordinance. Mr. Johnson stated the ordinance had always been in place, however, it was amended to provided the I DO-foot lot width to prevent problems. Commissioner Dalien inquired if this was originally done for aesthetic purposes. Mr. Johnson stated he believed so. ( Mr. Dalien stated his neighborhood was comprised of some very small cul-de-sacs, which entrances are only one lot deep, and there were cases where some backyards are someone else's front yard. He stated an owner of one of the above-described lots had constructed a shed and placed at the side of the house. He stated, however, if this property owner had placed the shed in the back of the lot, it would have been directly in his neighbor's front yard. He stated attempting to address this matter is difficult due to the different circumstances within the City. He stated, in regard to aesthetics, he was not certain the present ordinance addressed the matter sufficiently. Commissioner Hedin stated aesthetics could not be codified. Commissioner Dalien agreed. He stated, however, if the ordinance was amended strictly on the basis of aesthetics, he thought it was unusual to allow a six-foot fence. He stated that he was not certain regarding his leaning, or if he would recommend a change for one particular circumstance when they haven't had a great deal of problems with the ordinance. / Mr. Dekok requested the Commission consider the owners of other 90-foot lots who were in this situation. He stated, with the 35-foot setback requirement on this size lot, none of these Regular Andover Planning and Zoning Commission Jleeting Minutes - August 10, 1999 Page 7 ) / property O\\11ers would be able to construct a three-car garage. He inquired where possessions are to be stored, if you purchase this type of house, adding he was not able to utilize them from the backyard. Commissioner Dalien stated these circumstances are not unusual, in purchasing existing property with the desire to change the use of it, and are restricted by the size of the lot. He stated this should be considered at the time of purchase. He stated he is not able to construct a three-car garage on his lot, however he liked the lot, and purchased it regardless. He stated he did not believe Mr. Dekok's argument was valid in this respect, and that it is the property owner's choice to purchase the lot. Commissioner Jovanovich inquired if Mr. Dekok had come to the City originally to determine if he was proceeding properly, or if someone had found fault with his project, Mr. Dekok stated Zoning Administrator Johnson resided in his neighborhood. He stated when he had completed constructing the shed, Mr. Johnson came by and told him it was not proper. Mr. Johnson stated he was made aware of a complaint received by the Building Department. ) / Commissioner Daninger stated the object of the present discussion was the ordinance. He stated all of the neighbors indicated through a letter they were agreeable to the project, with the exception of one. He stated that he would like to have a swimming pool in his backyard, however, his lot is too small. He stated if he wanted to have a pool, he would purchase a lot suitable for that purpose. He stated he was comfortable with the way the ordinance was written. He stated that argument in Mr. Dekok's case, might be hardship. Commissioner Oalien stated this would only be due to the size of the lot, and there must have been some problem with the 90-foot lots, to result in an amendment to the ordinance. Mr. Dekok stated Dave Carlberg informed him this amendment was due to problems builders were experiencing with fitting houses on the smaller lots. Mr. Johnson stated that there was no question in regard to the difficulties with corner lots, and that not many homeowners realize this when they purchase the property. Mr. Dekok stated that the City of Andover was the only City, which required the specific setback for a lot that has a backyard butting up against a front yard. He stated he would like to see a straight corner yard setback of 25 to 30 feet, to clarify the situation, and to allow other people in this situation to use some of their property. He stated, with an additional five feet, he could place his shed in front of his fence and would meet the requirements. He stated, in his opinion, the 35-foot setback was too restrictive. He stated the other cities do not require two different setbacks for corner lots. He noted that Ramsey requires a building permit for any size shed, which prevents problems before they occur. ) Regular Andover Planning and Zoning Commission Meeting ,'vIinutes - August 10, 1999 Page 8 ( Commissioner Hedin stated changing the setback from 35 to 30 feet would benefit many people, regardless of the size of the lot. He stated he would have no problem voting for a 30- foot setback. Mr. Johnson stated staff, in conjunction with the Building Department, have done much work in past years, in regard to enforcement of the encroachment and variance provisions of the ordinance. He stated they have not had many problems in this area, or in resolving these issues with the property owners. Commissioner Apel stated he had never agreed with the non-encroachment rules, as they take away property rights, which run 35 feet along the property. He stated a temporary shed, should it ever become a problem, could be moved. He inquired why they should take away a property owner's rights for aesthetic purposes, as aesthetics are simply in the eye of the beholder. He inquired why a person on a comer lot should be penalized because of the placement of his neighbor's house. Mr. Johnson stated if they were to allow a 25-foot setback, and the property owner was to construct a ten by twelve metal shed, which could deteriorate and rust, this would not be aesthetically acceptable. He stated that Mr. Dekok's shed was an attractive structure, and they could stipulate a requirement that these types of structures match the house. / Commissioner Hedin stated it was his understanding that Mr. Dekok had relied upon the advice of his pool builder and neighbors when constructing his shed. Mr. Dekok stated this was correct, and explained that he had also looked at other sheds within his neighborhood, by which he assumed the setback was five feet of the property line. He stated, this being his first house, he was not aware that corner lots were subject to different requirements. Commissioner Daninger stated that the issue of encroachment is the discussion at hand. He stated that with 30 feet, there would always be a variance for encroachment. He stated that this particular situation might be approached from the aspect of hardship. He stated he was comfortable with the way the ordinance was written. He stated he agreed with Commissioner Apel in regard to restricting a property owner from utilizing 35 feet of their property, however, to allow a metal shed might deteriorate the property value. He stated, if the ordinance is amended, they might be called upon to change it again. Mr. Dekok stated, in his opinion, the reason the City Council sent this matter back before the Commission was because they had taken the final vote on it, with only 4 members present, and after three votes, they had deadlocked each time. He stated, in his opinion, they realized there was a problem, but did not want to grant a variance, which might create a precedent. , / Commissioner Apel inquired if the City Council wanted the Commission to recommend a change. Mr. Johnson stated the reason the matter was sent back to the Planning and Zoning Regular Andover Planning and Zoning Commission Meeting Minutes - August 10, 1999 Page 9 '\ Commission was to provide further research regarding other communities' requirements regarding uniformity and front and side yard setbacks, and to provide a recommendation as to whether or not they should make a change. Chairperson Squires stated, although Mr. Dekok's situation had brought this issue to the forefront, it would be more appropriate for the Commission to focus upon the rationality of the ordinance. He inquired, is the current setback adequate, and if not, is there sufficient reason to change, and what would be the reason for change. He stated. in his judgement, the current 35-foot setback has a rational basis because it is borne out of considerations of uniformity and visibility. He stated, prior to selecting different footage requirement, the rational reasons for doing so should be considered, rather than solving one specific problem. He stated he also had concerns in regard to amending ordinances that work. He stated this particular problem is enlightening, however, the Commission should focus more intently upon the discussion. Mr. Johnson stated he believed they should focus upon what is best for the community. ,) Chairperson Squires inquired regarding the front yard setbacks, in those cities that had lower sideyard setbacks requirements. Mr. Johnson stated all five cities maintained the uniformity, and regardless of the sideyard setbacks, the front yard setback requirements remained the same, in the range of 25 to 35 feet, with the exception of Blaine. Chairperson Squires stated the information suggests these communities also have concerns regarding uniformity. He stated, perhaps this is in consideration of impact to visibility. He stated it indicates that the communities with the same front and side yard setbacks are concerned in regard to uniformity of setbacks and structures on corner lots. He stated, while they may be smaller, the are uniform. Mr. Dekok inquired why a six-foot fence is allowed. Chairperson Squires stated it has probably been determined a fence is not a structure, in the same regard as a house or shed. Mr. Dekok stated that a fence would impact visibility. Chairperson Squires stated that this might be an argument to not allow fences in the 35-foot setback. Don Legge, a resident. stated the present language of the ordinance appears to work. He stated if the City were to move the boundaries in, sooner or later someone else would request an additional variance. He requested the Commission leave the ordinance as it is, Commissioner Daninger stated he was comfortable with the ordinance as it is written Commissioner Jovanovich stated she agreed. Commissioner Hedin stated having discussed, in general and in particular reasons for this discussion, he would recommend no changes to the ordinance at this time. , !) /' Regular Andover Planning and Zoning Commission Afeeting JIinutes - August 10, 1999 Page 10 ( ,'.-lotion by Hedin, seconded by Jovanovich, to Recommend to the City Council, after Having Studied and Reflected upon the Corner Lot Setback Issue, the Ordinance Remain As Is. Motion carried on a 6 - ayes, 1 - nay (Apel), 0 - absent vote. Mr. Johnson stated the matter would come before the Council for further discussion at the September 7,1999 City Council meeting. DISCUSSION: ORDINANCE NO.8, SECTION 7.01, PERMITTED USES _ DISCUSSION ON PRIVATE KENNELS IN RESIDENTIAL DISTRICTS AND THE NUMBER OF DOGS ALLOWED IN PRIVATE KENNELS AS PROVIDED IN ORDINANCE NO. 233. Zoning Administrator Johnson stated, at the August 3, 1999 City Council meeting, the Council directed the Planning and Zoning Commission to discuss private dog kennel license requirements. More specifically, the maximum number of dogs permitted for a private kennel, and whether or not a private kennel license should be issued based on a zoning requirement (R-l, Single Family Rural) or a minimum acreage requirement (2.5 acres). Mr. Johnson provided the Commission with a copy of Ordinance No. 233 for their review. ( He stated private dog kennel licenses may be granted by the City Council in an R-l Zoning District, provided that the number of dogs do not exceed six (6), provided by a previous amendment to the ordinance. He stated prior to the amendment, the licensing was handled via conditional use permit, and did not regulate the number of dogs. He stated the Council had indicated concern regarding the number of dogs that were allowed in private kennel situations. He stated the amendment required each situation to be evaluated on a case by case basis. He stated that the number of dogs on the premises was limited to six. . Mr. Johnson stated staff had conducted random research with fifteen cities, in this regard, and provided the Commission with the results of the research. He stated that two thirds of the cities required a permit, either granted by the Councilor conditional use permit, which regulated the process on a case by case basis. Mr. Johnson stated that two weeks ago, the City received a request from Rose Marie Julig, for a private kennel license. He stated Ms. Julig desires to move to the City Andover and is currently considering property which is zoned R-3, Single Family Suburban. Mr. Johnson stated this property meets the 2.5-acre requirement. He stated Ms. Julig was requesting a private kennel license for twenty indoor poodles, which she owns and shows. He stated Ms. Julig had submitted application material and information regarding her background to staff. He provided the Commission with this information for their review. ./ Mr. Johnson stated that the Planning and Zoning Commission is requested to provide a recommendation regarding a possible amendment to Ordinance No. 233. He stated the issues I , CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: September 7. 1999 ./ AGENDA SECTION ORIGINATING DEPARTMENT Discussion Planning Jeff Johnson ITEM NO. Approve Amendment to Ordinance No. 233 and Ordinance No.8, Sections 7.01 and 7.03, Dog Kennels 5. ReQuest The City Council is requested to review and approve an amendment to Ordinance No. 233 - Regulating Dogs and Ordinance No.8, the Zoning Ordinance, Sections 7.01 - Permitted Uses and 7.03 Special Uses. Said amendments would require a minimum acreage requirement of2.5 acres in residential zoned districts for a commercial or private dog kennel license. Commercial and private dog kennel licenses cannot be granted until a Special Use Permit is approved by City Council. The maximum number of dogs per license will be determined by the City Council. \ ) Please review the attached amendments. Plannin!! and Zonin!! Commission Review and Recommendation The Planning and Zoning Commission met on August 24, 1999 and recommends approval of these amendments to the City Council. Please review minutes that are attached in the packet. CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 233C AN ORDINANCE AMENDING ORDINANCE NO. 233 - LICENSING AND REGULATING THE KEEPING OF DOGS AND CATS, PROVIDING FOR THE CLASSIFICATION OF DANGEROUS DOS/CATS, PROVIDING FOR THE ABATEMENT OF NUISANCES, AND PROVIDING PENALTIES FOR VIOLATION, The City Council of the City of Andover hereby ordains as follows: Section. 1. Definitions. Kennel; Private A place where more than three (3) aRa Het mere than six (6) dogs over six (6) months of age are kept for the private enjoyment and not for monetary gain, provided such animals are owned by the owner or the lessee ofthe premises on which they are kept. There shall be a fenced yard (fencing of sufficient height) or dog enclosure(s) present to prevent the running at large or escape of dogs confined therein. Section 19. Private Kennel Licenses. ': .\ private kennellieeflse earl ()Hly ee issHed ill R 1, Siagle family Rural Zeaiag Distriets aad shall Rot be issaea l:Hlless abattiRg property cnvnem ha'/e beea giyen Rotiee ofthe propesed applieatiea aHa a reasoflable oppertHflity to eomrneHt on the applieatioR unless the applicant's property is tlli'ee hundred (300) f.eet or mere form aHY structlHe. A minimum of2.5 acres in a residential zoned district is required for a private dog kennel license (provided that the adiacent lot sizes are predominatelv similar in size). A private dog kennel license shall not be issued unless a Special Use Permit has been granted bv the Citv Council in accordance with the Zoning Ordinance. Section 20. Commercial Kennel Licenses. A minimum of2.5 acres in a residential zoned district is required for a commercial dog kennel license (provided that the adiacent lot sizes are predominatelv similar in size). A commercial kennel license shall not be issued unless a Special Use Permit has been granted by the City Council in accordance with the Zoning Ordinance. 1 All other Sections of this ordinance shall remain as written and approved by City Council. , ./ Adopted by the City Council of the City of Andover on this _ day of ,1999. ATTEST: CITY OF ANDOVER Victoria V olk, City Clerk J. E. McKelvey, Mayor / 2 '\ CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA , / ORDINANCE NO.8 AN ORDINANCE AMENDING ORDINANCE NO.8, THE ZONING ORDINANCE OF THE CITY OF ANDOVER. The City Council of the City of Andover hereby ordains as follows: Section 7.01 Permitted Uses. Residential Districts: R-l Single Family Rural Districts Priyate Deg KeHflels 7.03 Special Uses. Special Use Permits for uses not listed herein shall not be granted except where City Council determines that said uses are similar in character to those listed herein. Within any of the following districts, no land or structure shall be used for the following uses by districts except by Special Use Permit and in accordance with the criteria as stated in Section 5.03(D). Residential Districts: Commercial Dog Kennel ia R 1 Distriet aal)' License (2.5 acre minimum lot size requirement) Private Dog Kennel License (2.5 acre minimum lot size requirement) All other Sections of this ordinance shall remain as written and approved by City Council. Adopted by the City Council of the City of Andover on this _ day of ,1999. ATTEST: CITY OF ANDOVER " Victoria Volk, City Clerk J. E. McKelvey, Mayor CITY OF ANDOVER REQUEST FOR PLANNING COMMISSION ACTION DA:&m USI L4. 1'1'1'1 AGENDA ITEM ORIGINATING DEPARTMENT APPROVED FOR 6. Public Hearinl!: Amend Ord. 8, _ AGENDA Section 7.01 - Permitted Uses and SeC1 on Planning 7.03 - Special Uses, and Ordinance N( 233 Jeff Johnson Regulating Dogs. BY: BY: - REOUEST The Planning and Zoning Commission is asked to hold a public hearing to amend Ordinance No.8, the Zoning Ordinance, Sections 7.01 - Permitted Uses and 7.03 Special Uses, and Ordinance No. 233 - Regulating Dogs. Said amendment would require a minimum acreage requirement of 2.5 acres in residential zoned districts for a commercial or private dog kennel license. Commercial and private kennel licenses cannot be granted until a Special Use Permit is approved by City Council. The amendments to these ordinances are attached for your review. I I I I I , I ) , I , I ! ~ . . lD 0 ""ON N""N""NO~~ I I ~~ ~ i DDD[]UIIIIIIJDiIEiJI~DDDJ ~ ~ ~ ! ~, ~. ~ ~ ~ ~. 'i':. ; ~~ . 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NW ~_ ~ .1~ ZllONU OlIn I III I'" I~. / ~"""" ~ I ~~NFT OIXI[ ~ r~1 J.-" }o'='= =~: ~/. ~ ^ ~~ - _!!!!t f- QU1N:1lS'J:NW .. pALJt{Q",NW" >o:J 008 to: L liIf Of.N11ST.NW !;~ ~ H -) NOAA'.tr~NlV ~ n[6~ IU ~ l LL ~~ H ~ ~ =:':'''''''' 009 If- r'rr . ~ ~ r I [ ~="" '" ,po U C IlIlI :1: '-- J- H ~ ^ r- r--J ;:::::'''''" r- ~~ ~ ~sr.~ 00; Jr=-' \ I I-' ~ ~ ' I / 00"''''''''''''''''' ~ ,)j = I I-; Y IT NUNlWOOD"",,", I ~ ~ ~ moo_""... OIl, _ II J I \-1 I I / .9 H~ ~ =:- . ': loft !l ~ ..1\ - ~ "'" ~ ""'''''''''''"' - UNYllMrrYAY11.llX1' o ~ ~ ~~ ~~~~~~ij~~ ~ ~ ~~~~~~~~~~~~~~~~~~ ~~~~ ~~~~~~~~~~~~~~ ~ ~ ~ ~ ~~~~ ~ ~~~~ ~ ~ ~ ~ ~~~~~~~~~~~~J1~ ~~ ~ ~~~ ~~ii~~~~ ~ ~ ~ ~~~ii ~ ~ ~ ~ ~~~~ ~ ~~~~ ~ ~ ~ ~ ~~~~~ ~~~~~~~~~ ~ ~ ~ ~~~ ~~~~~~~ ~~~~~~~ CITY OF ANDOVER REQUEST FOR PLANNING COMMISSION ACTION August 10, 1999 AGENDA ITEM DATE ORIGINATING DEPARTMENT APPROVED FOR AGENDA 5, Discussion: Ordinance No.8 Permitted Uses and Ordinance No. 233 - Dogs, Relating to Private ~nri Number ofDo"s Permitted BY: Planning Jeff Johnson . BY: ReQuest At the August 3, 1999 City Council meeting, the Council directed the Planning and Zoning Commission to discuss private dog kennel license requirements. More specifically, the maximum number of dogs permitted for a private kennel and whether or not private kennel licenses should be issued based on a zoning requirement (R-l, Single Family Rural) or an minimum acreage requirement (2.5 acres). Ordinance No. 233 is attached for your review. Private dog kennel license may be granted by the City Council in an R-l zoning district provided that the number of dogs do not exceed six (6). / Staff researched other metropolitan communities regarding this matter. The information is attached. , / " / ) en C/) I- Z w :2: w 0:: :J a w 0:: W C/) Z W () -.J -.J W Z Z W ~ W I- ~ 0:: a.. " / ,W ,CI) 'Z ,w I~ ,-I 10:: IW ,e.. '(/) C) '0 c u. o ~ )( < :.!: a: => U el '-, '0: 21 ,(11 1-:; a. ;cn i~' i ,~ .:2 i I I I"'C I I w Ii, ::J O 'I I", W II i-'!! 0: ! I ! ~ 5'~rh: ' . i~ w1z '!~ o::'wl i::J -C)I~t iQi z -I" 'e 0:: 10:: I I I ffi <10", ',:'::: w u., lla 10 :I: j 1>- 'Z , l- => o :I:W -t-ICI)i >,z, o>lw' (1):21 C):-I' 01-11 C'W, u.IZ, olz, ~!W )(I~ <1< :.!:I I' M , 51 W e :!jj 00, < .- !z i I , I , I 'M i ~ '- (11 Cl. e I~ 1J5 enl e o :;:; 'C e o o Cl. => U e o ''0 Q)i '" (11 -0 ~ >< (11 :2 I , , , .'" :w t>- ' N I , , I I el !I 1 I I I i '0 ~ ,!!2 ~ >< (11 :2 '" w >- N . 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I i ~I :::J' -0 ' '81 ~I e (11 E '- Q) E E N \ CITY OF Ai'IDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 233 An Ordinance repealing Ordinance No. 53 adopted February 17, 1981; Ordinance No. 53A adopted December 1,1981; Ordinance No. 538 adopted June 21,1988; Ordinance No. S3C adopted September 20,988; Ordinance No. 53D adopted December 19,1989; Ordinance No. 53E adopted April 18, 1995; Ordinance No. 53F adopted July 18, 1995 and Ordinance No. 53G adopted July 2, 1996. AN ORDINAl'fCE LICENSING Ai"ID REGULATING THE KEEPING OF DOGS AND CATS, PROVIDING FOR IMPOUNDMENT OF CERTAIN DOGS AND CATS, AND PROVIDING PENALTIES FOR VIOLATION. The City Council of the City of Andover does hereby ordain as follows: Section!. Ddinitions. Anima! Shelfer ,.. :'1~ / Do~Enclosure Kennel: Commercial Kennel: Private " / Nuisance Any premises designated by the City Council for the purpose of impounding and caring for the dogs and cats held under the authority of this ordinance. Any dog which, without being provoked, has bitten, scratched, or c31'sed other injury or threatt:Iis such injury to a person or another domestic animal, under circumstallC<:S where, at the time of the threat of attack, the person or domestic animal was lawfully on the premises upon which the victim was legaIJy entitled to be, or the victim was on the premises owned or controlled by the owner of the dog, at the express or impiied invitation of the owner, is a biting dog. an enclosure (of sufficient size) constnlcted for shutting in or enclosing dogs. Enclosure shall be surrounded and covered with fencing material of at least six (6) feet in height and of sufficient gauge to insure the dogs' confinement. A cement pad of four (4") inches thick shall be present that covers the inside and perimeter of the enclosure. Any place where a person accepts dogs from the general public and where such :mimals are kept for the purpose of selling, boarding, breeding, training, or grooming, ~xcept for a veterinary clinic. There shall be a fenced yard (fencing of Sufficient height) or dog enclosure(s) present to prevent the running at large or escape of dogs confined therein. A place where more than three (3) and not more than six (6) dogs over six (6) months of age are kept for private enjoyment and not for monetary gain, provided such animals are o'Wlled by the O\\11er or the lessee of the premises on which they are kept. There shall be a fenced yard (fencing of sufficient height) or dog enclosure(s) present to prevent. the nlnning at large or escape of dogs confined therein. It shall be considered a nuisance for any animal to run at large; to habitually or frequently bark or cry; to frequent school grounds, parks, or public beaches while unrestrained; to 1 chase vehicles; to molest or annoy any person if such person is not on the property of the O\'Yller or custodian of the animal; to molest, defile, destroy any property, public or private; or to leave excrement on any property, public or private. Officer Any law enforcement officer of the City and persons designated by the City to assist in the enforcement of this ordinance. Owner Any person, firm, partnership or corporation owning, harboring, or keeping dog(s) or cat(s). Restraint A dog or cat shall be deemed to be under restraint if it is on the premises of its owner or if accompanied by a responsible person and under that person's effective control. Section 2. License Reauired. No person shall own, keep, harbor or have custody of any dog over six (6) months of age without first obtaining a license from the City Clerk. No license shall he issned to any pcrSOD other than the owner except upon the written request of cwner. Applications for license shall be made on forms prescribed by the City Clerk, which form shall set forth the following: n , 2) - " TIle name, address and telephone number of the owner; The name and address of the person making the application, if other than the owner; and The breed, sex, and age of the dog for which a license is sought. , / Section 3. ReQuirements for License. The license shall expire on the 31st day of May in each odd numbered year and shaH be issued only upon pa)mcnt of the license fee as set by City Council resolution. All licenses issued for a period of less than two (2) years shall be pro rated on an annual basis. Every :>pplication for a license shall be accompanied by a certificate from a qualified veterinarian showing that the d0g to be licensed has been given a vaccination against rabies to cover the licensing period. No license shall be granted for a dog which has not been vaccinated against rabies for a time sufficient to cover the licensing period. Vaccination shall be performed only by a doctor qualified to practice veterinary medicine in the State in which the dog is vaccinated. Section 4. Restrictions on the Number of DOl!s/Cats. No person, firm or corporation shall harbor more than three (3) dogs over the age of six (6) months in anyone family residence unit or place of business except pursuant to Section 18. ~. . ;erson, firm or corporation shall harbor more than three (3) cats over the age of six (6) months in anyone fdlllily residence unit or place of business that is located on a parcel ofland three (3) acres or less. Section 5. Runninl! At-Large Prohibited. No dog or cat shall be permitted to run at large within the limits of this City. ., )ting loose on the owner's property, or property under the owner's control, will not be considered running at large if the dog or cat is under the control of a responsible person. Section 6. Doe:s/Cats on Leash. The restriction imposed by Section 5 shall not prohibit the appearance of any dog or cat upon streets or public property when such dog or cat is on a leash and accompanied by a responsible person or accompanied by and under the control and direction of a responsible person so as to be as effectively restrained by command as by leash. Dogs or cats that are on or directly adjacent to all athletic fields must be leashed. Owners are required to clean up and dispose of their pet's excrement. Section 7. Oblie:ation to Prevent Nuisances. It shall be the obligation and responsibility of the owner or custodian of any animal in the City, whether permanently or temporarily therein, to prevent such animal from committing any act which constitutes a nuisance. Failure on the part of the owner or custodian, to prevent his or her a.TJ.imal from cOlIlmitting an act of nuisance shall be subject to the penalty hereinafter provided. It shall be considered a nuisance for any animal to habitually or frequently bark or cry; to frequent school grounds, parks, or public beaches while unrestrained; to chase vehicles; to molest or annoy any person if such pe:rson is not on the property of the O\\11er or custodian of the animal; to molest, defile, destroy any property, ( -'ic or p:ivate; or to leave excrement on any property, public or private. . / Section 8. Impoundment. Unrestrained dogs and cats may be taken by any OffiC\:f as herein before defined and impounded in an anima! shelter and there confined in a humane manner. Impounded dogs and cats shall be kept for not less than five (5) regular business days unless reclaimed prior to that time by their O\\11er as provided hereafter. Section 9. Notice ofIn'!(!Qundment. Upon taking up and impounding any dog or cat, the Poundmaster shall within one (1) day thereafter have posted in the City Hall a notice of impounding in substantially the following form: NOTICE OF IMPOUNDING DOG/CAT: Date ,19_ To Whom it May Concern: We have this day taken up and impounded in the pound of the City at dog/cat answering the following description: Sex _Color Approximate Age Name of Ov/Oer (if known) , a , / Breed '1 r \ \. I attack occurred under circumstances which would qualify the dog for classification as a "biting dog" as defined in this ordinance. 3) If a dog is classified as a nuisance, the O'Wller shall be notified, in \'vTiting, by certified mail or personal delivery, that the dog has been classified as a nuisance, and the owner shall further be notified that the dog must either be destroyed or removed from the City limits of the City of Andover, permanently, within forty-eight (48) hours after receipt of the notice. The owner shall further be notified that the dog's license has been revoked permanently. Violations. Any person who owns, keeps, harbors, or is in actual physical control of a dog which has been declared a nuisance shall be in violation of this ordinance. Any person who owns, keeps or harbors, or is in actual physical control of any dog within the corporate limits of the City of Andover, for any period of time, which dog has had its license revoked, shall be in violation of this ordinance. Nothing in this ordinance, nor the enactment of any of the procedures herein enumerated, shall be deemed to limit, alter or impair the right of the City or any person to seek enforcement through criminal prosecution of any violation of this ordinance, and the fact that the City may be pursuing classification of a dog under this ordinance shall not prevent or prohibit the prosecution at the same time of an O\\11er of a dog for permitting a dog to run at large under facts arising from the same occurrence as that which generated the classification procedures. The classification procedure shall be in addition to, and not in place of, criminal prosecution under '~r portions of this or other ordinances. / \Vhene'/er any owner of a dog shall learn that such dog has bitten, attacked, or threatened any human being or other domestic animal, sLlch owner shall immediately impound said dog in a place of confinement where it cannot escape or have access to any human being or other animal, and shall also immediately notify any peace officer, dog catcher, or other person authorized by the City Council. \Vhenever such authorized person, pcace officer or dog catcher shaUlearn that any human being has been bitten by any dog within the City, he/she shall ascertain the identity of such dog and the persons who might meet the definition of owner as found elsewhere in this ordinance, and shall immediately direct such person to forthwith impound such dog as required herein. If, in the opinion of such peace officer, dog catcher, or other authorized person the owner of such a dog cannot, or \vill not, so impound the dog, such peace officer, dog catcher, or other authorized person, shall transport such dog to the pound under contract to the City. Any dog so impounded shall be kept continuously confined for a period of fourteen (14) days from the day the dog bit a human being. The cost of such impounding and confinement shall be borne by the owner of the dog, ifsuch owner be found, which costs shall be as stated for impounding and confinement elsewhere in this ordinance. Upon learning that a dog has bitten a human being, the peace officer, dog catcher, or other authorized person, shall immediately notify the City Health Officer, and inform him/her of the place where the dog is impounded. It shall be the duty of the City Health Officer to inspect said dog from time to time during its period of fourteen (14) days confinement, and to determine whether or not such dog may be infected with rabies. For this purpose, he/she shall have access to the premises where such dog is kept at all reasonable hours, and may take possession '1e dog and confine it at such place as he/she deems appropriate, at the expense of the owner. I If an O'Wller has impounded a dog pursuant to the request of a peace officer, dog catcher, or other authorized person, the owner shall promptly transport said dog to the pound under contract to the City for the purposes stated above. If the owner refuses to do so, and refuses to allow the peace officer, dog catcher or other authorized person to transport the dog to the contract pound, the owner shall be in violation of this ordinance. r.. '\ Notice is hereby given that unless said dog/cat is claimed and redeemed on or before o'Clock_.m., on the day of , 19_, the same will be sold or humanely destroyed as provided by ordinance. .' Signed: Poundmaster/City Ofricial If the owner of said dog or cat be known, 'WTitten notice of impounding, in lieu of posted notice, shall be given to the owner thereof either by mail or personal service. The date of sale or humane destruction of the dog or cat shall be the 6th day after posting of the notice or giving notice unless the animal shelter at which the dog or cat is impounded is closed to the public, in which case it shall be the following day. Section 10. Redemption. Any dog or cat may be reclaimed from the animal shelter by its owner within the time specified in the notice by the payment to the City Clerk or his/her designate of the license fee (if not paid for the current period) with an impounding fee as set by City Council resolution. Notwithst?J1ding this Section, the O\\lller shall remain subject to all penalties contained in this ordinance. Section 11. Disposition ofUnc1aimed Do!!s and Cats. '; dog or cat whkh is not claimed as provided in Section 9, viithin five (5) days. after posting of the impoundment notice, may be sold for not less than the expenses inciJ.rred for impoundment, if not requested by a licensed educational or scientitic institution under Minnesota State law. All sums received frorr. the sale of dogs N cats under this Section shall be deposited into the General Fund of the City. Any dog or cat which is not claimed by the owner or scld or transferrc::d to a licensed educational or scientific institution shall be painlessly and humanely destroyed and buried by the Poundmaster. Section 12. Permissible Return of Unrestrained Do!!s and Cats. Notwithstanding the provisions of Section 8, if an animal is found unrestrained and its Ov,l1er can be identified and located, such animal need not be impounded but may, instead, be taken to the owner. In such cases, however, proceedings may be taken against the O\\11er for violation of this ordinance. Section 13. Owner Oblil!:ation for Proper Care. No O\\11er shall fail to provide any animal with sufficient good and wholesome food and water, proper shelter and protection from the weather, veterinary care when needed to prevent suffering, and with humane care and treatment. Section 14. Mistreatment of DOl!:s and Cats. ~ 'erson shall beat, treat cruelly, torment or otherwise abuse any animal, or cause or permit any dog or cat ' I fignt. No owner of a dog or cat shall abandon such animal. Section 15. Muzzlinl!: Proclamation. Whenever the prevalence of rabies renders such action necessary to protect the public health and safety, the '1yor shall issue a proclamation ordering every person owning or keeping a dog to muzzle it securely so that it , ..1nnot bite, No person shall violate such proclamation and any unmuzzled dog unrestrained during the time fixed in the proclamation shall be subject to impoundment as heretofore provided, and the owner of such dog shall be subject to the penalty hereinafter provided. Section 16. Classification of a Bitin!! Do!!. In the event that a complaint is received that an attack or the threat of an attack has occurred which, in the judgment of the City Clerk, occurred under circumstances which would justify the classification of the dog as a biting dog under this ordinance, the City Clerk shall place the issue on the next available agenda of the City Council, and shall notify the owner of the dog, in writing, of the time and place of the Council meeting at which the matter will be heard. The notice shall inform the owner that a request has been made to classify the dog as a biting dog, and the City Council shall hear such facts as any interested parties may wish to present, and shall, by resolution, determine whether or not to classify the dog as a biting dog. Such a determination shall be made upon the basis of whether or not the criteria as found in the definition of the term "biting dog" have been met. No variances shall be permitted [rom the strict terms of said definition. In the event a dog is classified as a "biting dog", the following procedures shall be implemented: 1) The owner of the dog shall be notified, in writing, by certified mail or through personal delivery of correspondence, that the dog has been classified as a "biting dog", and shall be furnished with a copy of the rcsolution. 2) If the dog was impounded, and photographs or othcr identifying characteristics obtained, such photographs or other identifying matcrials shall bc placed in a permanent file indexed under the oWner's name. If the dog is not impounded, the owner shall be notified that the dog's license shall be rcvoked unless, within ten (10) days after receipt of the notice, the ovmer furnishes to the City suitable photographs or other identifying materials of the dog, or makes the dog available for the taking of photographs by City staff for insertion in the permanent files. 3) The City Clerk shall maintain a permanent file of all dogs classified as "biting dogs" indexed under the owner's na.'ue. 4) The O\\11er of the dog shall be notified that said dog shall be leashed, kcnneled or otherwise contained at all times. Additional Attacks. If a dog already classified as a "biting dog" threatens or commits another attack under circumstances which would qualify the classification of the dog as a "biting dog" a second time, the following proccdures and sanctions shall apply: 1) Upon receipt of such a complaint, the City Clerk shall cause the issue to be placed upon the next available agenda of the City Council. Notice shall be sent to the O\\11er of the dog, by certified mail or personal delivery, requesting that the owner appear at the City Council meeting, to show cause why / the dog should not be classified as a nuisance and dealt with accordingly. 2) At its next available Council meeting, the City Council shall hear the facts as presented by all interested parties, and shall, at that time, make a determination as to whether or not the dog shall be classified as a nuisance. The City Council shall classify the dog as a nuisance if it finds that the second 5 'unctive Relief. In addition to the criminal sanctions provided above, in the event that any dog is declared a '..ulsance, and such dog is not either destroyed or removed from the City limits of the City of Andover within forty-eight (48) hours after receipt of the notice of Declaration of Nuisance, the City shall, in addition and not in place of any criminal remedies, have a civil remedy of injunctive relief, and may apply to the Court of competent jurisdiction for an order compelling the destruction or removal of said dog from the Corporate limits of the City of Andover. Section 17. Summary Destruction of Certain DOl!s. Whenever an officer has reasonable cause to believe that a particular dog presents a clear and immediate danger to residents of the City because it is infected with rabies (hydrophobia) or because of a clearly demonstrated vicious nature, the officer, after making reasonable attempts to impound such dog, may summarily destroy said dog. Section 18. Kennel Licenses. No person, finn or corporation shall operate or maintain a commercial or private kennel without first securing a kennel license therefore from the City Council and meetir.g the criteria as set forth in this ordinance and/or Zoning Ordinance. Application for a kcnnellicense shall be made on forms provided by the City. Such application shall contain the following information: j 1. Location, on premises, of the kenncl. 2, Location of structures for housing the dogs. If the dogs arc to be kept primarily within the home or other building of the rcsidence of the applicant or of any other person, the application shall state so. 3. The ma~imum number of dogs to be kept 011 the premises. 4. The location, size, and height of dog enclosure(s), if present. 5. The location and type offencing (if present). Fencing to be of such quality, design and height so that it will contain the dogs. 6. Method to be used in keeping the premises in a sanitary condition. 7. Method to be used in keeping dogs quiet. 8. An agreement by the applicant that the premises may be inspected by the City at all reasonable times. The City Council may impose additional requirements to be stated in the application or more restrictive r- irements than those listed above (1-8) to protect the health, safety, general welfare and morals of the general 1--0UC. Application for such license shall be made to the City Clerk and shall be accompanied by a specified license fee. The license fee shall be as set by City Council resolution. The City Clerk shall refer private kennel license applications to the City Council and commercial kennel license applications to the Planning and Zoning 7 Commission as set forth in the Zoning Ordinance. In both cases, the City Council may grant or deny the ~nse. / All kennel licenses shall be renewed annually. Application for such license renewal shall be made to the City Clerk and shall be accompanied by a specified license fee. The annual license fee shall be as set by City Council resolution. The City Council shall review and approve all license renewal applications provided no revocation of the license is made as specified in Section 21. Section 19. Private Kennel Licenses. A private kennel license can only be issued in R-l, Single Family Rural Zoning Districts and shall not be issued unless abutting property owners have been given notice of the proposed application and a reasonable opportunity to comment on the application unless the applicant's propelty is three hundred (300) feet or more from any structure. Section 20. Commercial Kennel Licenses. A commercial kennel license shall not be issued unless a Special Use Permit has been granted by the City Cou:lcil in accordance with Zoning Ordinarlce. Section 21. License Revocation. f \ kennel license may be revoked by the City Council by reason of any violation of this ordinance or by ."on of any other health or nuisance ordinance, order, law or regulation. Before revoking a private kennel license, the licensee shall be given notice of the meeting at which such revocation is to be considered. Notice of the m~eting shall be given in writing five (5) days prior to said meeting. The licensee, if present at said meeting, shall be given the opportunity to be heard. A commercial kennel license may be revoked by the City Council by the procedure established and defined in the Zoning Ordinance. Section 22. Kennel Rel!ulations. Kennels shall be kept in a clean and healthful condition at all times, and shall be open to inspection by any health officer, sanitarian, animal control officer, or the person charged with the enforcement of this ordinance, or any health or sanitary regulation of the City, at all reasonable times. Section 23. DOl! Enclosures. It is the purpose of this Section to abate existing nuisances and to prevent nuisances created by site, odor, noise and sanitation due to construction and placement of dog enclosures on private property. I) \ Screening: ) 2) Placement: A dog enclosure shall not be placed closer than forty (40) feet from an adjacent residential dwelling or principal structure and at least ten (10) feet from side and rear lot lines. No dog enclosure shall be placed in the front yard in all residential districts; and in the R-4, Single Family Urban District, no dog enclosure shall be placed in the sideyard. 8 Dog enclosures must be screened from view of adjacent property. '\ Sanitation requirements: No person shall permit feces, urine, or food scraps to remain in an enclosure for a period that is longer than reasonable and consistent with health and sanitation and the prevention of odor. 4) Applicability of Section: This Section shall be applicable to all dog enclosures constructed after July 18, 1995. Any pre-existing dog enclosure that the City receives a complaint on which is not kept in a clean and sanitary condition or is a nuisance to an adjacent property owner shall be required to comply with this Section by notice of compliance being given by the City Administrator or their duly authorized agent. Failure to comply with such notice within thirty (30) days of issuance shall be violation of this ordinance. Section 24. Appointment of Officers. The City Council may from time to time appoint such persons as may be necessary to assist the police officers of the City in the enforcement of this ordinance. Such persons shall have police powers insofar as is necessary to enforce this ordinance, and no person shall interfere with, hinder, or molest them in the exercise of such powers. Section 25. Non-Residents. The Sections of this ordinance requiring a license shall not apply to non-residents of the City, provided that 'Ss of such owners shall not be kept in the City longer than thirty (30) days ",/ithout a license and shall be kept older restraint. Section 26. ' Citations. The animal control officer, or his/her designee, shall be authorized to issue citations for violations of this ordinance. Section 27. PcnaItv. Any person who shall violate any provision of this ordinance shall be guilty ofa misdemeanor, and upon conviction thereof shall be punished as defined by State law. Adopted by the City Council of the City of Andover on this 4th day of November, 1997. An'EST: CITY OF ANDOVER 'f/~'~~~ " ' ~...'.-;~",/.-...,,- , /1 1) ., Ii,', / I L './1./".. ,~:I.. ,/ _ '-:" 1:"", I,. / v' f.-L01J-..;.:..t..f /,1. E. McKelvey, Mayo' Victoria Volk, City Clerk 9 \, CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 233A AN ORDINANCE AMENDING ORDINANCE NO. 233 - Al'\l' ORDINANCE REGULATING THE KEEPING OF DOGS AND CATS, PROVIDING FOR THE IMPOUNDivtENT OF CERTAIN DOGS AND CATS, PROVIDING FOR THE CLASSIFICATION OF DANGEROUS DOGS/CATS. PROvlDING FOR THE ABA TEivtENT OF NUISAl'\l'CES, AND PROVIDING PENALTIES FOR 'VIOLATION. The City Council of the City of Andover hereby ordains as follows: Section 1. Definitions. Dan,?erous Do,?/Cat Anv dog/cat that has (I) \vithout provocation. inflicted substantial bodilv harm on a human being on Rublic or private property: or (2) without provocation killed or inflicted substantial bodilv harm on a domestic animal while off the owner's propertY: or (3) been found potentiallv dangerous. and after the owner has noticed that {he dog/cat is potemialiv dangerous, the dog/cat aggressivelv bites, attacks, or endangers the safety of humans or domestic animals. Fuisance It shaH be considered a nuisance for any animal: to bite. attack or endanger the safety of humans or domestic animals; to run at large; to habitually or frequently bark or cry; to frequent school grounds, parks, or public beaches while unrestrained; to chase vehicles; to molest or annoy any person if such person is not on the property of the OViller or custodian of the animal; to molest, defile, destroy any property, public or private; or to leave excrement on any property, public or private. ) Section S. Violations. RHAAiA!:: \t Larc:e Prehil:lited. No d0; or eat shall be permitted to run at large withiR the limits 0fthis City. I \, Runnin; loose on the ov:ner's propert)", or property Hnder the owner's control, 'Nill not be con:idered runnin; at lar;e if the do; or cat is under the control of a responsible person. No dog/cat shall be permitted to be a nuisance within the limits of the City of Andover. Anv person who owns. keeps. harbors or is in phvsical control of a dog/cat which is a nuisance shall b~ in violation of this Ordinance. Anv person. owns. keeps or harbors or is in phvsical custodv of anv dog/cat within the City of Andover, for anv period of time. which dog/cat has had its license revoked, shall be in violation of this Ordinance. Section 7. Obli::-ation to Prevent Nuisances. It shall be the obligation and responsibiljty of the owner or custodian of any animal in the City, whether permanently or temporarily therein, to prevent such animal from committing aGY act which constitutes a nuisance. Failure on the part of the owner or custodian to prevent his or her animals from committing an act of nuisance shall be subject to the penalty herein provided. " It sball be considered a nuisance for any animJI ~o habitually or freq,uently bark or cr:'; to f:equ~n~ schoo! grounds, p:ul:s, or public beaches -,':hile unrestraiGed; to €-Hilse yehicle::; to-moles: or aa:-.J:' an:: peisen if such person is not on the propeFt7 of the OVffief-ef-€ustodian ofthe.affifl:1al; to m~lest, defile, de::troy any proper1T; FUBHe""*"priyate: or to lea':e excrement on any property, public or priyate, Section 8. Impoundments. Unrestrained dogs and cats may be taken by any officers as herein before defined :md impounded in an animal shelter and there confined in a humane manner. Impounded dogs and cats shall be kept for not less than five (5) regular business days unless reclaimed prior to that time by their owner as provided hereafter. \, ) Whenever anv owner of a dog/cat shall learn that such dOQ/cat has bitten. attacked, or threatened anv other human being or domestic animal. such owner shall immediatelv impound said doo/cat in a place of confinement where it cannot escape or have access to anv other human being or animal. and it shall also immediatelv notify any peace officer, dog/cat catcher. or other person authorized bv the City Council. Whenever such authorized person, peace officer or dog/cat catcher shall learn that anv human being has been bitten by anv dog/cat within the Citv. he/she shall ascertain the identity of such doo/cat and the persons who might 2 \, meet the definition of owner as found elsewhere in this Ordinance. and shall immediatelv direct such person to forthwith impound such dog/cat as required herein. If. in the opinion of such peace officer. dog/cat catcher. or other authorized person. the O\vner of such a dog/cat cannot. or will not. so impound the dog/cat. such peace officer. dog/cat catcher, or other authorized person. shall transport such dog/cat to the pound under contract to the City. Anv dog/cat so impounded shall be kept continuous Iv confined for a period of fourteen (14) davs from the day the dog/cat bit a human being-. The cost of such impounding- and confinement shall be borne bv the owner of the do!Zlcat. if such O'Wller can be found, which costs shall be as stated for impounding- and confinement elsewhere in this Ordinance. Upon learning- that a dog/cat has bitten a human being-, the peace officer. dog/cat catcher, or other authorized person, shall immediatelv notify the City Health Officer and inform hiffilner of the place where the dog/cat is impounded. It shall h~ the dutv of the City Health Officer to inspect said dog/cat from time to time during- its period of fourteer. (14) davs confinement. and to determine whether or not such do~!cat mav be infected with rabies. For this purpose. he/she shall have access to the premises where such dog/cat is keot at all reasonable hours. and mav lake possession of the dog/cat and confine it at such place as he/she deems flPpropriate. at the expense of the owner. If an owner has impounded a dmz/cat pursuant to the request of a peace officer, dog/cat catcher. or other authorized oerson, the owner shall promptlv transport said dog/cat to the pound under con,tract to the City for the purposes stated above. If the C\vner refuses to do so. and refuses to allov,i a peace officer. dog/cat catcher or other authorized person to transport the dog/cat to the contr<",ct pound, the owner shall be in violation of this Ordinance. Section 16. Classification of a Bitin: D9~ Dan~erous Do~/Cat. / In the event that a complaint is received that an attack or the threat of an attack has occurred which, in the judgment of the City Clerk, occurred under circumstances which would justify the classification of the dog/cat as a bitin; do; dangerous dog-/cat under this Ordinance, the City Clerk shall place the issue on the next available agenda of the City Council and shall notify the ovmer of the dog/cat, in writing, of the time and place of the Council meeting at which the matter wH! shall be heard. The notice shall inform the owner that a request has been made to classify the dog/cat as a biting dog dangerous dog/cat and the City Council shall hear such facts as any interested parties may wish to present, and shall, by resolution, determine whether or not to classify the dog/cat as a biting do; dangerous dog/cat. Such a determination shall be made upon the basis of whether 3 or not the criteria as found in the definition of the term "bitiR; do;" "dangerous dog/cat" have been met. No variances shaH be permitted from the strict terms of the definition. In the event a dog/cat is classified as a "bitin; do;" "dangerous dog/cat" the foHowing shall be implemel'lted mmlY: 1) The owner of the dog/cat shaH be notified in writing and by certified mail or throl:l;h personal deliveIJ' of 6orrespondel'lee service, that the dog/cat has been classified as a "!:litiRg do;" dangerous dog/cat" and shaH be furnished with a copy of the resolution. 2} If the dog/cat was impounded, and photographs or other identifying characteristics obtained, such photographs or other identifying material shall be placed in a permanent file indexed under the owner's name. If the dog/cat is not impounded, the owner shaH be notified that the dog(s)'/catCs)' license shall be revoked unless, within ten (10) days after receipt of the notice the owner furnishes to the City suitable photographs or other identifying materials of the dog/Cat. or makes the dog/cat available for the taking of photograph by City staff for an insertion in the permanent files. 3) The City Clerk shall maintain a permanent file of all dogs/cats classified :3.S "bitin; do;s" "dangerous dogs/cats" indexed under the o\vner's name. 41 The cwner of the do; shall be nctified that said do; shall be leashed, bmnc1zd or otherwise contained at all times. :U No person ma\' own a "dangerous dog/cat" in the City of Andover unless the owner complies with this section. Compliance with the registration requirement of Minnesota Statute 347.51 shall constitute comnliance with this ordinance. The owner of the dangerous dog/cat must present sufficient evidence that: a. A proper enclosure exists for the dangerous dog/cat and a posting on the premises with a clearlv visible warninf?: sign, including a warning svrnbol to inform children that there is a dangerous dog on the propertv: and J Q. A surety bond issued bv a surety companv authorized to conduct business in the State of Minnesota in a form acceptable bv the Citv of Andover in the sum of at least 4 $50.000.00. pavable to anv person iniured bv the dangerous doQ/cat. or a policv of liabilitv insurance issued bv an insurance comoanv authorized to conduct business in the State of Minnesota in the amount of at least $50,000.00. insuring the owner ofanv personal iniuries inflicted bv the dangerous dog/cat. The requirements for the warning sign or warning svmbol shall be those as set forth in Minnesota. Statute 347.51. 9 The owner of a dan~erous doQ/cat shaH keep the dangerous doQ/cat. while on the owner's propertY in a proper enclosure. lfthe doQ/cat is outside the proper enclosure. the dog/cat must be muzzled and restrained bv a substantial chain or leash and under the phvsical restraint of a responsible person. The muzzle must be made in a manner that will prevent the dog/cat from biting anv person or animal but that will not cause iniurv to the dog/cat or interfere with its vision or resoiration. d) The animal control authoritv for the eitv of Andover shall immediate Iv seize any "dangerous doQ/cat" if. (1) after fourteen (J 4) davs after the owner has noticed that the doQ/cat has been declared a "dangerous dOll/cat'. the dog/cat is not validlv registered as set forth herein: (2) after fourteen.ll:U davs after the ovmer has :1.oticed that the doQ/cat has been declared a '"dan~erous doQ/cat." the owner does not secure the proper liabilitv insurance or suretv coverage as applied by this ordinance: (3) the doQ/cat is not maintail}ed in the prooer enclosure: or (4) the dog/cat is outside the proper enclosure and not under phvsical restraint of a responsible person. il The following are exceptions to the dangerous dog/cat classification: ~ The provisions of this section do not applv to "dangerous dogs/cats" used bv law enforcement officials for official work. Q} Dogs/cats mav not be declared dan~erous if the threat. iniurv, or damage was sustained bv a person (I) who was committing a willful trespass or other tort uoon the premises occupied bv the O\vner of the dog/cat: (2) who was provoking. tormenting, 5 \ abusing. or assaulting the dog/cat or \vho can be shown to have repeatedlv, in the past. provoked. tormented. abused, or assaulted the dog/cat: or (3) who was committing or attempting to commit a crime. Q} Nothing in this Ordinance. nor the enactment of an v other procedures herein enumerated. shall be deemed to limit. alter. or impair the ril!ht of the City or anv person to seek enforcement through criminal prosecution of anv violation of this Ordinance. and the fact the City mav be pursuing classification ofa dog/cat under this Ordinance shall prevent or prohibit the prosecution at the same time of an owner of a dog/cat for violation of the Ordinance under facts arisinl! from the same occurrence as that which generated classification procedures. The classification procedures shall be in addition to, and not in place of. criminal prosecution under other portions of this or other Ordinance. ,\dditiGRal.\ttaelo. Ifa do; alread;: dassitied as a "bitin; do;" tRrl?atens or commits another att:lek under circumstances wRi~h would qualify the dassifieatioB ofilia dog as a "bitin; do;" a second time, the ~ollov.in; procedures and sanc~ions shall app:y: B L'pon rzceipt of SHch a complaint, the City Cleric shall :::ause the iJsue to be placed ~efHhe-n.a::t :l':aiIa:-le a;e~lda o~thJ City Council. :':ot:aa shalI-ge sent to the ov.nzr of the dog, by certitied mail or personal deliyer::, requesting :hat the o'sner appear J.t the Cty Council meeting, to sr.ow cause ';;h;' the do.; should not be ~ssifie:: as a nuisanze and dealt with :iccordin;ly. 2-) /.: its ~t :intilable CQuncil meeting, the City COlHlcil shall hear the facts as przsentzd by all interested parties, and E:hall, at that time, make a detel1Rination as to whether or not the deg shall be classifizd as a D1:1isance. The City COllileil shall elassify the dog as a nHisance if it finds that the second attack occurred tmder circHffistances \...hich v:ould qualify the do; f1J: classification as a "biting deg" as defined in this ordin~. ;) Ifa do; is dussifi2d as a nuisance, the ewner shall be notified, in v.Titing, by certified mail or persoHal dali':ery, that the dog has bezn classified as a nuisanee, and the o'.m2r shall further be Hotified taat the do; must either be destroyed or remo':ed from the Cit)' limits oftne City of .^.ndoyer, permanently, ,....ithin forty eight (1&) hours after reeeipt oftRe notice, The owner shall further be notified that the do;'s license has beeR reyo1:ea IlermaneRtly. I ,/ VialatiaRs. .\fly flerson who O\\11S, l:eefls. harbors, or is in actual physisal sentrol of a do; which has been dedared a nuisance saall be in yiolation of this ordinanee. 6 \ , :\nj' perSOR WHO 0'.'.115, beps or harsors, or is iR actual pHysical cOFltrol ef any eog withia the eorporata limits oftha City e[ .\oOoo':er, fur any perioa eftime, 'l;HicH eo~ Has Had its lieeFlse reyel:ee, shall ee iR yiEllatil3R sf tHis srdinance, N ethiR~ iR this erdiFlance, Rer the eFlactmemt sf any Elf tqe prEleeemes RereiR eRlHBerated, shall Be deemed te limit, alter sr impair the rigHt efthe City or any perSOR te seek enforcement thrsli;;h erimiFlal proseeutisa sfany '/iolatioFl of this srdiRanse, ane the met that the City maj' se plirsl:liFlg slassifieatisa of a dog "Hu!er this erdinaFlee sRall Rot prevent sr prehibit tHe preseeutioa at the same time sf an 1n'.'Her ef a deg for permittiag a dc~ to run at lar~e under faets arising [rem tHe same eeSlirreRse as tHat wHieh geReFatea o 0 the e1assificatioFl prscedures. The slassification preeeelure shall Be in additien te, aHd Rat in plaee sf, eriminal proseelitisa I:mder ether psrtiens sf this er ether erelinanees. Wheneyer any O".l1er ef a eel; saalllcam tHat suea de; has bitten, attacked, er threatened any human belR: or etHer domestio aru&1al, ::Heh 0\'.TIZr SHall immediately impol:lIld said do; in a plaee of cORfinemeat .....here it car.FIst escape er have access te any hllffian being 6f-ethef-aRim:ll, and shall alsa immedia~ely notify anj" peace officer, do;; catcher, or ether perSJn authorized b;' tha City COHnciL \J.'heF.\:wr such authorized person, peace sffieer ::lr do; catcher shallleam tRat an;' Rmna., being R3.S been bitteR by any do;; withia the City. He.'shz sh3.!l asc.2rta:n the iden~it,: of sueh do;; and the pef5en5 'saG might meet t~e definitian of OV.lli?r :IS foun:! elsewhe;e in this ordinanc:, JI1d shall immediately direct 5~ch ['erson to forth'"ith impound sucr. deg as reliuired h:rein, It~ in the Elpinion of such f3ii~cc ofliG€'f;-4J; zatchzr, or othzr authorized p::rson tho: owner of such a do~ c~nnot, or ~ll not, so impoLmJ the do;;, such ptt.lce officer, do; c~r, or other authOrized person, shu!! tra~sport :uc~ co:; to the pound under cont:act :0 the Cit:', .'~,y dog so impeundcd sh:ll~ be kept COr:tlr.UOllS~;' conSnd fa: a period affourtee~ (II) days from the day the do: Jit a human b ~i:::, The cost of such impound in:; Ed canfineme:1t shall be borne by the- o'.'.uzr of tha Jo:;,-if such owner be f01:1nd, v:hizH costs shall be as stated for impounjin ~ and confinement eI.;ewhcr2 in this e:dinance, <> Upon learnin; that a d:Jg r.as eit':zn a human eeing, tHe pea::!? officer, do; cateher, or other autHorized person, shall immeaiately netif)' the City Health Officer, and inform him'hzr afthe plaze v:here the do; is impoHFldefL It shall be the duty of the City Health OffiCer to inspeet ~aid do; from time to time dming its period of fourteen (1 '1) days con~lnement, and to determine whether or net such do; may be inf2ctea with rabies. fer this purpose, Heishe shall ha':e access to the ]3remises where such dog is kept at all rcasonable hours, a-ad may take possession of the elog JI1d confine it at sueh plnce as he/she deems appropriate, at the e~~pense eftl1.e o'.mer. If an ewner Has im]301:mdea a dog pursuant te the request Elf a peace effieer, aog catener, or other authorizea person, the o'.mer shall promptly transport said do; te the pound under contract te the City for the pHrpeses state a aba':e, If the e":ner refuses ta do so, and refuses to aIlew the peace officer, Liog catcher or ether authorized person te transport t-he do~ te the contract ]3a1:1nd the ewner shall be in \'ialatioFl of this ordinance. o , 7 \ InillReti':e Relief. In adEiitieR te the erimiflal sanetioRS pre...ideEi aBeve, in the eyent that any eo;; is aee1ared a nHisanee, and suea deg is Ret either aestrs;:ea sr ramo\'ea ~e: ~8 City limits afthe Cit), af .^.ndtJ':er ';:ithiR fo~' ei;;at (<1&) aaW's after reeeil3t afa r 0 of Des lara tis a ef~rHisaH6e, the City shall, in aaeitien aRa Ret ia plase afaRY sriminal remeaies, aa':e a si...il remedy sf iajlifleti\'e relief, ana may appl~' ta the Cal:lrt ef competeat jW'isdietisn for an eraer semflelling the destnlstian or reme\'al ef saiEl eleg from the eSI'florate limits sfilie Ci~' ef,^.mle':er. Section 27. Nuisances Subject to Abatement. Penalty. Nuisances Subiect to Abatement. The following are declared nuisances subiect to immediate abatement by a resolution of the City Council: .u Anv dog/cat that has without provocation inflicted substantial bodily harm as defined by Minnesota Statute 609. 02. Subdivision 7a. on allV person: or 2) Anv dog/cat that has engaged in conduct resulting in three (3) or more established violations of this ordinance for nuisance, An "established violation" is anv violation for nuisance declared as "established" bv the City Council, or which results in a conviction in a court of competent iurisdiction: or "'') L An\-' established violation of this ordinance for nuisance preceded bv a declaration bv the City Council. based ut)on a prior incident. that the dog/cat is a "dan gerous _dog/cat" as defined bY' this ordinance. Procedure for Abatement. Upon determination bv the Citv Clerk of the existence of a nuisance subiect to abatement as set forth above, the City Clerk shall place the matter on the agenda for the next regular meetinfJ of the Citv Council for public hearing and abatement consideration, Notice of the hearing and a cOPy of this ordinance shall be provided to the O\\-,ner(s) of the dog(s)fcat(s) bv regular mail not later than seven (7) davs prior to the hearin!? The City Clerk mav also notify other concerned or interested parties. Hearing for Abatement. Upon application and notice set forth above, a public hearing shall be held before the City Council. The owner(s) shall have the opportunity to be heard and present relevant witnesses and evidence. The City Council mav also accept relevant testimonv or evidence from other interested persons. ,/ 8 , Order for Abatement. The City Council mav, in its discretion. approve or disapprove the application for abatement. If approved, the City Council mav order anv of the followinl;!:: .u The dog(s)/cat(s) be forthwith confiscated and destroved in a Droper and humane manner. and the costs incurred in confiscatin~. confining and destroving the animal paid bv the owner. Anv costs unpaid after thirty (30) davs of the order shall be assessed against the owner(s)' property. 21 The dOl?:(s)/cat(s) be removed oermanently from the City limits of the City of Andover within forty-eight (48) hours of notice of the order. The dog(s)'/cat(s)' license shall be permanentlv revoked. Il Should the owner fail to complv with the order to abate. the City. in addition to anv other lel!al remedy. shall have the civil remedv of iniunctive relief and mav applv to a court of competent iurisdiction for an order compelling compliance with the abatement order. ' Section 28 Penalty, Anv person who shall violated anv provision of this ordinance shall be guiitv. of a misdemeanor. and upon conviction thereofshali be punished as defined bv state law. All other portions of these sections and all other sections of this ordinance shall remain as written and adopted by the City Council. Adopted by the City Council of the City of Andover on this 19th day of ~, 1998. ATTEST: CITY OF MTDOVER ,j-./.-, ,../ / / . w{,~ I,' ...{L/ Victoria Volk, City Clerk ~. r fnv-Vob- . . E. McKelvey, Mayor J 9 ( CITY OF A."IDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 233B AN ORDINA.'N'CE AMENDING ORDINANCE NO. 233 - AJ.'\J' ORDINANCE REGULATING THE KEEPING OF DOGS AJ.'ID CATS, PROVIDING FOR THE IMPOUNDMENT OF CERTAIN DOGS AND CATS, PROVIDING FOR THE CLASSIFICA nON OF DANGEROUS DOGS/CATS, PROVIDING FOR THE ABATEMENT OF NUISANCES, A.loffi PROVIDING PENAL TIES FOR VIOLATlm,r. The City Council of the City of Andover hereby ordains ac; follows: Section 1. Definitions. Pote.''l!iallv Danr:erous Do,?/Cat Artv dog/cat that: (l) \\'hen unprovoked. inflicts bites on a human or domestic animal on DubHc or private propertY: (2) _ when unprovoked. chases or approaches a person. includine a person. including a ~rson on a bicvcle, upon the streets. sidewalks, or anv public or private property. other than the dOi<'sicat's 0\\,n<:,r'5 proo~... in an apparent anitude of attack~ or (3) j1aS a k.'1o\vn oropensitv. tendencv, or disposition to attack unorovokcd. causing iniurv otherwise threatening the safety cfhumans or domestic animals. Section 16. Classific;ltion of a Dall~erous Dog/Cat and Potentiallv Daneerous Dog/Cat. In the event that a complaint is received which. in the judgment of the City Clerk, Sheriffs Deputv, Animal Control Officer. or other dulv authorized persQQ, occurred under cir~umstances which would iustify the classification of the dog/cat as "potentiallv dangerous~' under this ordinance. the City Clerk shaH notify the owner of the dog/cat. in writin?, that the dcglcat has been classified as "potentiallv dangerous" under this ordinance, Said ordinance shall further notify the owner that should the dog/cat again aggressively bite, attack, or otherwise endanger the safety of humans or domestic animals, the City may declare the doe: to be a "dangerous dog/cat" and be subiect to the restrictions thereon, including abatement. Said authorization shall forward a C01-JV of the notice of"potentiallv dangerous dog/cat" to the City Clerk. ) 1 , ~ \ / All other portions of these sections and all other sections of this ordinance shall remain as written and adopted by the City Council. Adopted by the City Council of the City of Andover on this 22nd day of September. 1998. ATTEST: CITY OF ANDOVER ~/~ Victoria V oIk, City Clerk 2 I' \ ! j CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW, . 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, August 24, 1999, at Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota to consider an amendment to Ordinance No.8, Section 7.01, Permitted Uses and Section 7.03, Special Uses and Ordinance No. 233 - Regulating Dogs. Said amendment would allow dog kennel licenses to be granted by Special Use Permit on a minimum acreage requirement (2.5 acres) in residential zoned districts. All written and verbal comments will be received at that time and location. / ' \ J \,- A copy of the applil::ation will be made available at City Hall for review prior to said meeting. ~ Jeff Johnson, Zoning Administrator Publication Dates: August 13, 1999 August 20, 1999 r -, "-.-/ I CITY OF ANDOVER REQUEST FOR COUNCIL ACTION OA TE: SePtember 7. 1999 AGENDA SECTION ~iscussion Item ORIGINATING DEPARTMENT Planning ITEM NO. John Hinzman, City Planner ASUP 99-03 16" Northern Natural Gas Pipeline Review and FOlWard Resident Comments Regarding Environmental Assessment to FERC Presentation of Staff Findings and Recommendations Request I The City Council is to review the following items regarding Northern Natural Gas Company's proposed 16" natural gas pipeline construction: 1) Review and forward comments regarding the Environmental Assessment (EA) completed by the Federal Energy Regulatory Commission (FERC) 2) Review staff findings and recommendations. Environmental Assessment The EA was completed to assess the environmental affects ofthe proposed pipeline. Three routes were examined by FERC: · "Northern Natural Gas Route" co-located within existing easement, adjacent to an existing 8" pipeline commencing westerly from Prairie Knoll Park and crossing the Rum River at approximately 162nd Lane. · "FERC Alternate Route" Commencing along the existing route to Hanson Blvd, proceeding north to an existing double pole power line ROW, proceeding northwest to the Minnesota Petroleum line, proceeding northwest to the NSP power line, and continuing west crossing the Rum River at approximately 171 51 Avenue. / J Page Two ASUP 99-03 September 7, 1999 · "Holasek Alternate Route" Commencing north along Prairie Rd\Crosstown Blvd\ Ward Lake Drive from Prairie Knoll Park to the junction of the NSP power line and continuing west crossing the Rum River at approximately 17151 Avenue. Please see attached letter. FERC staff concluded the following The proposed project route could be constructed in an environmentally acceptable manner. " However, due to the extensive residential development that has encroached adjacent to Northern's existing ROW, the proposed route would create the most disturbance to residential properties, This would be especially true during construction, but also in the long-term due to restrictions on allowable uses of the ROW. / Based on balancing the environmental concerns on this project, we conclude that the FERC alternative would be the environmentally preferable route because it would significantly reduce the disturbance to residential properties along the ROW. Even though is would affect 22 residences within 50 feet, the final number could still be reduced through negotiations with NSP, However, Northern states it would not be feasible to construct an alternative this year, due to the length of time that would be required ROW easement negotiations, and to complete final ROW surveys, We concur with this. The final decision on what route would be required must be made on two issues which go beyond the environmental comparison of the proposed an alternate routes: the feasibility of constructing the project this year, and whether service from this project is absolutely needed in 1999, If service obligations are so significant that construction must begin this fall, and can in fact be accomplished this fall, then the proposed route is the only reasonable one. If the proposed project won't be built or is not needed until next year, then we conclude that the environmentally preferable FERC alternative should be required by the Commission. September 1, 1999 EA Meeting A Special City Council Meeting was held on September 1, 1999 to collect comments regarding the EA. Nearly 200 residents attended the meeting. The majority of citizens resided along the FERC Alternate Route and spoke in opposition of the route. FERC staff / / Page Three ASUP 99-03 September 7, 1999 attended the meeting to assemble comments and answer questions. Specific concerns of the residents are indicated in the attached resolution. History · February 23, 1999 - Initial public hearing before the Planning and Zoning Commission. Nearly 50 people attended meeting. Many health, safety, and environmental concerns brought forward by the commission and residents. The commission voted to table the item pending further information from the applicant. Page Three ASUP 99-03 Northern Natural Gas Pipeline September 7, 1999 / · March 2, 1999 - Resolution R053-99 acknowledging Planning and Zoning Commission concerns pertaining to the proposed pipeline was approved as a non-discussion item by the City Council and forwarded to the Federal Energy Regulatory Commission (FERC) as a motion to intervene in federal review of the project. Immediate City Council action was necessary to allow official intervention within the 45-day review period established by FERC. · March 9, 1999 - Continued public hearing before the Planning and Zoning Commission. The applicant addressed health, safety, and environmental concerns ofthe previous P&Z meeting. The commission voted 5-0 (2 absent) to recommend approval of the pipeline. Northern Natural Gas was directed to provide a more detailed analysis as to whether a new 16" pipeline should be built adjacent to the existing 8" pipe or whether a larger pipe should be built to incorporate the volume both pipes for the City Council. · April 6, 1999 - City Council tabled the item until the completion of the EA. The Council wanted to delay action on the proposal until environmental and safety Issues were further examined. · June 1, 1999 - FERC conducted a site visit of the Northern Proposed Route and FERC Alternate Route. FERC also attend the June 1st City Council meeting to discuss the pipeline regulatory process and procedures. / Page Four ASUP 99-03 / September 7, 1999 FERC Process FERC commissioners will review Northern's proposal, considering the FERC EA and comments from interested parties in making a decision on granting a certificate for Northern's proposed route. It is unclear at this time what will happen if Northern's proposed route is denied. Will a certificate be granted on another route automatically, or will Northern have to submit plans and reapply for a new route following the same procedures as with their present proposed route. Outstanding Health, Safety, and General Welfare Issues The City Council forwarded concerns of the proposed pipeline to FERC via Resolution R053- 99 acknowledging Planning and Zoning Commission concerns pertaining to the proposed pipeline. Following is the list of concerns and answers received by city staff: 1) What is the condition and lifespan of the existing 8" natural gas pipeline adjacent too the proposed 16" pipeline? / FERC staff, the Minnesota Office of Pipeline Safety (MN OPS), and Northern Natural Gas Company have all indicated that there are no outstanding issues regarding the condition ofthe existing pipeline. MN OPS has indicated that a pipeline that is cathodically protected can last almost indefinitely. 2) Does 20 feet provide adequate separation between the existing and proposed pipelines? Department of Transportation regulations require a minimum I-foot separation between pipes. MN OPS has indicated that a larger separation is generally provided to ensure adequate room to maneuver during the installation ofthe new pipe. Distances between pipes vary and pipelines have been safely constructed closer than the 20' distance proposed by Northern. 3) Are automatic shut offvalves preferable to the manual shut offvalves proposed? MN OPS has indicated that the use of rate of drop valves that automatically shut-off when pressure exceeds a certain design threshold were once rare but are occurring more frequently. 4) Does the 0.312 wall thickness of the proposed pipeline meet or exceed federal standards - is there a preftrable thickness above and beyond ftderal standards? / .' Page Five ASUP 99-03 September 7, 1999 MN OPS has indicated that the wall thickness proposed by Northern exceeds the minimum wall thickness of a 16" diameter natural gas pipe. 5) Do existing easement agreements provide for multiple line rights? Northern contends that multiple line rights have been granted on over 99 percent of the existing easement. 6) Who will be the owner of the proposedpipeline? Who is liablefor any potential damages in association with the pipeline? Northern has indicated it is responsible for its acts or omissions under Minnesota law as would be any corporation or individual. Further clarification should be provided by Northern. 7) What is the adequate setbackfor homes from the pipeline? A model setback ordinance has been developed by the State of Minnesota that requires habitable structures not be placed within the designated utility easement. Other studies have been conducted on this issues. Further information will be provided at the meeting. 8) Would it be beneficial to vacate the existing 40-year-old 8" pipeline and assume the existing volume into a single larger pipeline? FERC, MN OPS, and Northern contend that the existing pipe operates safely. It is unclear to what extent that the combination of volumes into a single pipe would have on the overall safety of the line. Removing the existing pipe concurrent with the installation of the proposed may result in larger temporary construction easements and environmental disturbance. However, if the existing pipe must be removed at a later date, the regeneration of vegetation and wildlife along the easement would be disturbed again. 9) Would it be beneficial to relocate the existing pipeline easement along or adjacent to existing road andlor utility corridors; the existing pipeline easement does not follow such a corridor, created when the city was a rural township of 1,400 (current population 25,000)? , / Page Six ASUP 99-03 September 7, 1999 / The FERC Alternate Route follows existing roads and utility corridors and has been determined to be "environmentally preferable" by FERC staff. Staff Review The local permitting of the proposed pipeline is regulated via the Special Use Provisions of Ordinance 8, Section 5.03 which include the affects upon the health, safety and general welfare of the community. The application for SUP was tabled by the City Council on April 6th because of the lack of information to make an informed decision based on the preceding criteria. FERC has determined via the EA that the existing proposed route would not be "environmentally detrimental". If the City Council determines that outstanding questions relating to health, safety, and general welfare have been resolved, it is staffs recommendation to approve the SUP for Northern's proposed route, subject to the conditions of the attached resolution. J Attachments . Resolution Acknowledging Concerns Pertaining to the EA . Resolution Approving the SUP . Map of Route .I CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R -99 A RESOLUTION ACKNOWLEDGNG CONCERNS PERTAINING TO THE ENVIRONMENTAL ASSESSMENT CONDUCTED BY THE FEDERAL ENERGY REGULATORY COMMISSION (FERC) REGARDING NORTHERN NATURAL GAS COMPANY'S ELK RIVER LOOP 99 PROJECT (FERC DOCKET NO. CP 99-191). WHEREAS, Northern Natural Gas Company has submitted application to he City of Andover, Minnesota to construct a 16 inch natural gas pipeline within existing easement in conjunction with the Elk River Loop 99 project (FERC docket no. CP 99-191) as depicted on attachment A-I ofthis resolution; and WHEREAS, The Federal Energy Regulatory Commission (FERC) has conducted an Environmental Assessment (EA) of the proposed pipeline expansion; and WHEREAS, Several residents along the "FERC Alternate Route" as defined in the EA have voiced concerns relating to the EA at a Special City Council Meeting of September 1,1999. / NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover, Minnesota hereby acknowledges the concerns raised said Special City Council Meeting and hereby submits the following concerns for Federal Energy Regulatory Commission (FERC) reVIew: 1) 2) 3) 4) 5) 6) 7) 8) 9) 10) 11) , / Lack of a clearly defined route for the FERC Alternate Route to determine its affect on neighboring residents. Existence of over 20 homes within 50 feet of the FERC Alternate Route. The affect on existing septic systems. Lack of research on the existence of threatened or endangered species on the FERC Altemate Route Concern over the spreading of Oak Wilt during construction. Concern of a natural gas pipeline in a high wire utility easement. Disruption of wetlands. The addition of a second natural gas line would create a new corridor to monitor, increasing the risk of danger. Impact on existing vegetation and trees. Concern of late notification in the process, and lack of time to adequately review FERC Alternate Route Concern over not being able to participate as an official protestor or intervener ... ./ Page Two Resolution of Concerns September 7, 1999 12) Has a definite need been established for increased service as required by FERC; could the needs of local distributors be accomplished though other existing natural gas lines or wholesalers? 13) Concern over creating a new natural gas pipeline easement when the existing easement is "not environmentally detrimental" as determined by the EA. Adopted by the City Council of the City of Andover on this 2nd day of March, 1999. CITY OF ANDOVER ATTEST: J.E. McKelvey, Mayor Victoria V olk, City Clerk I / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R -99 A RESOLUTION APPROVING AN AMENDED SPECIAL USE PERMIT FOR THE CONSTUCTION OF A SIXTEEN (16) INCH NATURAL GAS PIPELINE PURSUANT TO ORDINANCE NO.8, SECTION 7.01 FOR NORTHERN NATURAL GAS COMPANY. WHEREAS, Northern Natural Gas Company has requested an Amended Special Use Permit to construct a sixteen (16) inch natural gas pipeline pursuant to Ordinance No. 8, Section 7.01 legally described as follows: Commencing from the Northern Natural gas meter station located in the Northeast Quarter of the Northwest Quarter of Section 25, Township 32, Range 24, Anoka County, Minnesota (PIN 25-32-24-22-0001); thence west northwesterly along the existing Northern Natural Gas pipeline easement as filed with Anoka County to the intersection with the western corporate limits of the City of Andover. WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No.8, Section 7.01; and WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect upon the health, safety, morals, and general welfare of the City of Andover; and WHEREAS, a public hearing was held pursuant to state statute; and WHEREAS, the Planning and Zoning Commission recommends to the City Council Approval of the Amended Special Use Permit as requested; and WHEREAS, an Environmental Assessment (EA) conducted by FERC has determined the proposed route is "not environmentally detrimental". 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 Amended Special Use Permit on said property with the following conditions: / 1) The determination by FERC that a definite need exists for the proposed pipeline, and that the use of all existing natural gas pipelines have been exhausted in meeting the needs of Northern's contracted local distributors. Page Two ASUP 99-03 NNG Pipeline September 7, 1999 2) That automatic rate of drop valves be incorporated into the design of the proposed pipeline. 3) That the pipeline is constructed in the safest and less environmentally detrimental manor available. 4) That the applicant obtains all necessary federal, state and local permits for construction and installation. 5) That the applicant takes reasonable steps to preserve and/or replace disturbed vegetation and trees associated with this project. 6) That the Amended Special Use Permit be subject to a sunset clause as stipulated in Ordinance No.8, Section 5.03 (d). 7) That consideration of the forthcoming FERC report shall be made in considering this application. Adopted by the City Council of the City of Andover on this 7th day of September, 1999. CITY OF ANDOVER ATTEST: J.E. 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C. , ~ ~ t-+ ~ e E "~ ~ ~==\- :\lJ it' ~ ---.! .i~ 'i!:"'~: 1". ".;, OEH-;I = ',- ~ "II' , p.i;- ~._ ,J-. ! ! ":'-'" . .' -' f-!' I::!:i.' -1_ f:"'" . 1 \ -; - _~ I --,J.J ~n f-r: y: " !'". R llY.~ ~ I ,,' t;:f~~;, . ~.; '7 i I ~ I., ~~j~ ~ 7"~;:-:C: / .. z.~ .. , - \.r ill I' , .. I~ ~ I~ ~ = Z . r.:l ::; C r.:l 00 1 ~ f;)::: L. '" ~ r""'::E:2 ~ j ::; ~ ~ ffi ~ ... 00:2 -N <:> - CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: September 7, 1999 AGENDA SECTION ORIGINATING DEPARTMENT Discussion Planning Jeff Johnson ITEM NO. Request to Waive Amended Special Use Permit Requirements Waste Oil Storage Tank Kottke Bus Company 1. Request Please find attached a letter from Joe Radermacher (Pump and Meter Service Inc.) requesting to waive the Special Use Permit requirements to install a 6,000 gallon underground fiberglass oil storage tank at Kottke Bus Company (13625 Jay Street NW). They are petitioning the City Council to waive this requirement for the reasons as stated in their letter. Historv / Over the years, the City has required a number of businesses to comply with this Special Use provision in the Zoning Ordinance in order that City and the residents have some assurance that fire, explosion or contamination hazards are not present that would be detrimental to the public health, safety and general welfare. Please review and make a recommendation to Staff regarding this request. ~ " Pump aHd Meiu $e/UJ.ke, 1H.C. SERVICE . SALES . I:\STALL\T10:\ \ / Main Office. I \303 Excelsior Blvd. Hopkins. MN 55343 Phone: (612)933-4800. Fax: (612)939-0418 Email: pumpnmeter@~aol.com Bejin Pump Service. ^ di....isioll of Pump & Meter Service. lllC 3497 129"' Street. Chippewa Falls, WI 54729 Phone: (715)723-8223. Fax: (715)723-7242 August 24, 1999 Honorable City Council City of Andover 1685 Crosstown Blvd, N,W, Andover, MN 55304 RE: Kottke Bus 13625 Jay Street Andover, MN Kottke Bus handles a grcat deal of waste oil from oil changes in their buses, They have contracted with our Company to install a 6,000 gallon underground fiberglass waste oil storage tank to handle this oil in a safe manner. We are seeking a permit for this project from the City of Andover. [n most municipalities this would be an administration exercise. However. zoning has indicated this site requires a Special Use Permit. We are petitioning the City Council to waive this requirement for the following reasons: I, The tank is underground and will not change the appearance of the facility, 2, The lank will meet all MI'CA. NFC and EPA codes, 3, It will allow the safe handling of waste oil to the benefit and health and safety of the neighbors as well as Kottke Bus, 4. The facility has underground gasoline and diesel tanks now which meet State and Federal codes, Why would the City deny Kottke the ability to handle waste oil in a better way, Thus what would a Special Use Permit hearing accomplish? Fueling Systems Inventory Controls Ul1e Tesfil1f! Electronic Gauging & Fiberglass Tanks & Pipe Tank Tecl;II" ....... iP!~ Self-Serv Equipment A lito Lifts & Parts rarrl rnlllm! Snlp/llc Compressors Service Station Pumps rOl1()nies City of Andover August 24, 1999 Page Two 5. Time delays would cause cold weather related problems during the school year, possibly affecting the support of school bus fleet. 6, It's the logical thing to do, We petition the City Council to act on this request at the first September Council meeting. Sincerely, PUMP & METER SERVICE, INC g~. Joseph B. Radermacher President JBR/cs \, cc: Kottke Bus (Rick) Mayor Jack McKelvey 'v.feff Johnson, Zoning Administrator , I '. - ~ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: Seotember 7. 1999 AGENDA SECTION Discussion Item ORIGINATING DEPARTMENT Planning ITEM NO. Approve V AR. 99-09 Encroachment of the rearyard to construct a home addition ~ ' 16045 N. Enchanted Dr. NW Reauest Megan Barnett Planning Intern The City Council is asked to approve a variance request of Peter and Karen Dzubay to allow for the construction and placement of a 216 square feet home addition consisting of one bedroom encroaching eighteen (18') feet into the rearyard setback and allow for an approximate 6.3' variance to the front yard setback to construct an entryway, on the property located at 16045 N. Enchanted Dr. N.W. (PIN 17-32-24-32-0003). The property is zoned R-l, Single Family Rural. Plannin!! and Zonin!! Commission Review The Planning and Zoning Commission voted 7-0 to approve the proposal at the August 24, 1999 meeting with limited discussion. No comments were received during the public hearing. The front yard encroachment was not discussed at the Planning and Zoning Commission meeting. The proposed entryway addition will not encroach any further into the front yard setback than the existing home as stipulated in Ordinance 8, Section 4.06 (a). Attachments . Resolution for approval . Planning and Zoning Minutes ~ August 24, 1999 . Planning and Zoning Staff Report - August 24, 1999 / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R -99 A RESOLUTION GRANTING THE VARIANCE REQUEST OF PETER AND KAREN DZUBA Y TO ORDINANCE NO.8, SECTION 6.02 WHICH REQUIRES A FIFTY (50) FOOT REAR YARD SETBACK AND A FORTY FEET (40') FRONT YARD SETBACK ON THE PROPERTY LOCATED AT 16045 N. ENCHANTED DRIVE (PIN 17-32-24-32- 0003). WHEREAS, Peter and Karen Dzubay have requested a variance to Ordinance No.8, Section 6.02 to allow a bedroom addition to encroach eighteen (18') feet into the fifty (50') foot rearyard setback and an entry way addition to encoach 6.3' into the forty (40') foot front yard setback, on the property located at 16045 N. Enchanted Dr. (PIN 17-32-24-32-0003) legally described as follows: That part of the Northwest Quarter of the Southwest Quarter of Section 17, Township 32, Range 24, in Anoka County, Minnesota described as follows in Exhibit "A": WHEREAS, the Planning and Zoning Commission has reviewed the request and has / determined that said request meets the criteria of Ordinance No.8, Section 6.02 & 5.04; and WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect upon the health, safety, morals, and general welfare of the City of Andover; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the variance as requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the requested variance on said property with the following condition: 1) That the variance be subject to a sunset clause as stipulated in Ordinance No.8, Section 5.03. Adopted by the City Council of the City of Andover on this 7th day of September, 1999. / , / / / Page two V AR 99-09 Home Addition September 7, 1999 CITY OF ANDOVER ATTEST: Victoria V olk, City Clerk J.E. McKelvey, Mayor ./ Exhibit "A" Property Owner Peter Dzubay PROPERTY DESCRIPTION: That port of the Northwest Quorter of the Southwest Quarter of Section 17, Township 32, Range 24, In Anoka County, Minnesota described os follows: Commencing at 0 point on the North line of said Northwest Quarter of the Southwest Quarter, said point being a distance of 234.41 feet East of the Northwest comer of said Northwest Quarter of the Southwest Quarter; thence South 7 degrees, 37 minutes, 32 seconds East a distance of 129.04 feet; thence Southwesterly on a curve to the right having a radius of 70 feet and Q central angle of 66 degrees, 5 minutes. 51 seconds and distance of 80.75 feet to the point of beginning of land to be describe thence continue Southwesterly on said 70 foot radius curve a distance of 39.59 feet; thence North 89 degrees. 7 minutes, 32 seconds West and parallel to the North line of said Northwest Quarter of the Southwest Quarter distance of 73.95 feet; thence Southwesterly on 0 curve to the left having 0 radius of 73 feet a distance of 115.78 feet to 0 point which is 33 feet East of, os measured at right ongles to, the West line of said Northwes OWlrter of the Southwest Quarter; thence South and parallel to said West line 0 distance of 70 .feet; thence f 'erly and paral/el to the North line of said Northwest Quarter of the Southwest Quarter a distance of 203 fec:t; thence North and parallel to the West line of said Northwest Quarter of the Southwest Quarter 0 distance of 127.15 feet; thence North 31 degrees. 31 minutes, 41 seconds West a distance of 33 feet to the point of beginning. / Regular Andover Planning and Zoning Commission Meeting Minutes-August 24,1999 Page 27 J it was over 2.5 acres. He suggested they could consider this as a boundary between what is predominantly urban and what is predominantly rural. Commissioner Apel stated that there are properties within the MUSA that are not R-4. He suggested they be more specific in the language, and indicate R-4. He noted, however, the Special Use Permit provides the power to deny a proposal, simply if it is not a good idea. Commissioner Daninger inquired if a request could be denied based upon, for example, the size of the neighborhood. Commissioner Apel stated this was correct. He explained that the Special Use Permit is not an entitlement, and could be denied. Chair Squires suggested an option regarding to the proposed changes to Section 7.03. would be to state "private kennel dog licenses (2.5 minimum acreage lot size requirement)", and include language indicating "provided that the lot is in an area where the properties are predominantly the same size." Commissioner Daninger stated he was still concerned regarding the City's ability to deny this type of request. Commissioner Dalien stated this amendment might be raising an expectation. Commissioner Apel stated the City has the right to deny or approve the license. Commissioner Hedin inquired how much weight the Special Use Permit had. Mr. Hinzman stated it carried as much weight as the Commission intended to approve it for. / Commissioner Dalien stated the language amendment suggested by Chair Squires clarified the intent of the amendment. Chair Squires inquired if this amendment was acceptable to the seconder. Commissioner Jovanovich stated it was. VARIANCE: (VAR 99-09) - VARIANCE TO ORDINANCE 8, SECTION 6.02 _ ENCROACHMENT OF THE REAR YARD SETBACK TO CONSTRUCT A HOME ADDITION -1605 NORTH ENCHANTED DRIVE NW -PETER DZUBAY. Planning Intern, Megan Barnett stated the Planning and Zoning Commission is requested to review the variance request of Peter and Karen Dzubay to allow for the construction and placement of a 216 square feet home addition consisting of one (1) bedroom encroaching eighteen (18) feet into the rear yard setback on the property located at 16045 North Enchanted Drive NW. Ms. Barnett reviewed the applicable ordinances and the criteria presented. Ms. Barnett stated the applicants' lot and those lots in the same vicinity were created before the current Zoning Ordinance was established. Mr. and Mrs. Dzubay's lot and most lots on Enchanted Drive do not meet the R-l minimum size requirements. She stated these lots are zoned, R-l. however, their acreage and lot dimensions are more characteristic of the R-3 district standards. Ms. / Regular Andover Planning and Zoning Commission Meeting Minutes-August 24,1999 Page 28 / Barnett provided the Commission with a map, which indicated the surrounding zoning district, and a picture of the proposed addition. Ms. Barnett stated, under the current zoning for the R-l district, an eighteen (18) foot variance is needed to the required fifty (50) foot rear yard setback. Ms. Barnett stated the applicant has indicated the hardship is that the residence was built prior to the Zoning Ordinance, and modifications will only fit in areas as specified on the blueprints, and the lot is closer in specifications to the R-3 zoning. Ms. Bamett stated the proposed home addition would consist of one (1) bedroom, and will be architecturally integrated into the existing home. She stated there is a heavily wooded buffer between the proposed home addition and the nearest neighbor. She stated the home addition meets the thirty-foot rear yard setback required in an R-3 district. Ms. Barnett provided an overview of the Commission's options. She stated staff recommends the approval of the proposal subject to the provisions of the resolution. Commissioner FaIk inquired regarding the location of the proposed addition on the lot. ,./ Peter Dzubay, the applicant stated the addition would be located on the south side of the lot. Commissioner Falk inquired if there would be windows on the south side of the addition, or if it would have a walkout. Mr. Dzubay stated there would be windows. He stated there was currently a patio on the rear of the garage, and he did not require an additional walkout in this area. Commissioner Hedin stated the house appeared to be a split-level structure. He inquired if the addition would be located on the first or second floor. Mr. Dzubay stated the addition would be attached to the house, as a walk-up rather than walkout, and the upper portion of the addition would be situated on posts. Commissioner Daninger inquired if the applicant would perform the construction himself, and how long the project would take to complete. Mr. Dzubay stated he would be utilizing a contractor, and the work would be completed as soon as possible. Commissioner Falk inquired regarding the current number of bedrooms in the house. Mr. Dzubay stated there were presently three bedrooms, one located in the basement, and one adjoining the kitchen. He stated they would be converting one bedroom into a breakfast area adjoining the kitchen, and relocating that bedroom to the proposed addition. Motion Daninger, seconded by Hedin, To Recommend Approval of Resolution No. R _ 99, a Resolution Granting the Variance Request of Peter and Karen Dzubay to Ordinance No.8, Section 6.02, Which Requires a Fifty (50) Foot Rear Yard Setback on the property Located at 16045 North Enchanted Drive (PIN 17-32-24-32-0003). Motion carried on a 7-ayes, O-nays, O-absent vote. '\ / Regular Andover Planning and Zoning Commission Meeting Minutes -August 24, 1999 Page 29 ./ Mr. Hinzman stated this item would be considered at the September 7, 1999, City Council meeting. OTHER BUSINESS. Mr. Hinzman updated the Commission regarding recent Council action. He stated representatives of the Metropolitan Council had presented a dialogue regarding future development and the Comprehensive Plan. He stated there was still a requirement for rural areas 1-10, however, no recommendation regarding the enforcement of this, if they denied the plan for lack of it, as it is not included in the proposal for the Comprehensive Plan. He stated housing issues were also discussed. Mr. Hinzman stated there was discussion regarding the Northern Natural Gas Pipeline. He stated an environmental assessment had been issued, which indicated the existing route and easement Was found not to be detrimental, however, the next statement indicated the alternative route which goes up Hanson Boulevard, across the power line easement, was the environmentally preferable route. He stated comments would be accepted until September 13, and the environmental assessment was mailed to all of the people on the new line. He stated a Special City Council meeting would be held on Wednesday, September 1, to collect comments regarding the assessment. Mr. Hinzman stated the amended Special Use Permit for the parking lot addition and sign at Meadow Creek Church was approved, as well as the sign at City Hall, and the Special Use Permit ./ request for an In-Home Massage Therapy business, to be located in the Chesterton Commons Addition. Mr. Hinzman stated the next Planning and Zoning Commission meeting would include the consideration of the request by USWEST for the construction of the cell tower. He stated the requested information would be provided to the Commission by the end of the week. He stated he would send out a special notification mailing regarding the meeting, and expand the notification area to incorporate the Jonquil Street. He stated there was a possibility that the Special Use Permit request for and addition at the Church of Christ would be considered, as well. There was no other business to come before the Andover Planning and Zoning Commission. ADJOURNMENT Motion by Daninger, seconded by Hedin, to adjourn. Motion carried on a 7-ayes, O-nays, O-absent vote. The meeting adjourned at 9:47 p.m. Respectfully submitted, / / CITY OF ANDOVER REQUEST FOR PLANNING AND ZONING COMMISSION ACTION DATE: August 24. t 999 ITEM NO. 7 ORIGINATING DEPARTMENT Variance 99-09 Encroachment of the rearyard to construct a home addition t 6045 N. Enchanted Dr. NW Planning Megan Barnett Planning Intern ReQuest The Planning and Zoning Commission is asked to review the variance request of Peter and Karen Dzubay to allow for the construction and placement of a 216 square feet home addition consisting of one (1) bedroom encroaching eighteen (18) feet into the rearyard setback on the property located at 16045 N. Enchanted Dr. N.W. (PIN 17-32-24-32-0003). The property is zoned R-l, Single Family Rural. Applicable Ordinances Ordinance No.8, Section 6.02 requires a fifty (50') foot rearyard setback in a R-l district. Ordinance 8, Section 5,04 outlines the variance procedure and process. Variances my 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 characteristics of the land and not the property. Back!!:round: The applicants' lot and those lots in the same vicinity were created before the current Zoning Ordinance was established. Mr. and Mrs. Dzubay's lot and most lots on Enchanted Drive do not meet the R-l minimum size requirements. These lots are zoned R-l, however their acreage and lot dimensions are more characteristic of the R-3 district standards (see attached zoning map). Under the current zoning for the R-t district an eighteen (18') foot variance is needed to the required fifty (50') foot rearyard setback. ~- / Page Two V AR 99-09 Home Addition August 24, 1999 Hardshio: The applicants stated hardship is "Residence was built prior to Zoning Ordinance. Modifications (additions) will only fit in areas as specified on blueprints. Lot is closer in specs. to R-3 zoning. General Review . The proposed home addition would consist of one (1) bedroom. . The proposed addition will be architecturally integrated into the existing home. . There is a heavy wood buffer between the proposed home addition and the nearest neighbor. . Creation ofthe applicants' lot pre-dates the current Zoning Ordinance. . The applicants lot and surrounding lots are more characteristic of the R-3 standards. . The home addition meets the 30' rearyard setback required in an R-3 district. Commission Ootions , , 1. The Planning and Zoning Commission may recommend to the City Council approval of the variance request for a home addition, located at 16045 N. Enchanted Dr., legally described on the attached resolution. The Commission finds the request meets the requirements of Ordinance No.8 2. The Planning and Zoning Commission may recommend to the City Council denial of the variance request for a home addition, located at 16045 N. Enchanted Dr., legally described on the attached resolution. The Commission finds the request does not meet the requirements of Ordinance No.8. In recommending denial of the request, the Commission shall state those reasons for doing so. 3. The Planning and Zoning Commission may table the item pending further information from Staff. I / I , / Page Three V AR 99-09 Home Addition August 24, 1999 Recommendation Staff recommends approval of the proposal subject to the provisions of the attached resolution. Attachments . Resolution . Exhibit A . Location Map . Site Plan . Site Pictures . Zoning of Vicinity . Variance Application CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA RES. NO. R -99 A RESOLUTION GRANTING THE VARIANCE REQUEST OF PETER AND KAREN DZUBA Y TO ORDINANCE NO.8, SECTION 6.02 WHICH REQUIRES A FIFTY (50) FOOT REAR YARD SETBACK AND A FORTY FEET (40') FRONT YARD SETBACK ON THE PROPERTY LOCATED AT 16045 N. ENCHANTED DRIVE (PIN 17-32-24-32- 0003). WHEREAS, Peter and Karen Dzubay have requested a variance to Ordinance No.8, Section 6.02 to allow a bedroom addition to encroach eighteen (18') feet into the fifty (50') foot rearyard setback and an entry way addition to encoach 6.3' into the forty (40') foot front yard setback, on the property located at 16045 N. Enchanted Dr. (PIN 17-32-24-32-0003) legally described as follows: That part of the Northwest Quarter of the Southwest Quarter of Section 17, Township 32, Range 24, in Anoka County, Minnesota described as follows in Exhibit "A": WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No.8, Section 6.02 & 5.04; and WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect upon the health, safety, morals, and general welfare ofthe City of Andover; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the variance as requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the requested variance on said property with the following condition: 1) That the variance be subject to a sunset clause as stipulated in Ordinance No.8, Section 5.03. Adopted by the City Council of the City of Andover on this 7th day of September, 1999. Page two V AR 99-09 Home Addition September 7, 1999 CITY OF ANDOVER ATTEST: Victoria Volk, City Clerk J.E. McKelvey, Mayor Exhibit "A" Property Owner Peter Dzubay PROPERTY DESCRIPTION: That part of the Northwest Quarter of the Southwest Quarter of Section 17, Township 32, Range 24, In Anoka County, Minnesota described as follows: Commencing at a point on the North line of said Northwest Quarter of the Southwest Quarter. said point being a distance of 234.41 feet East of the Northwest comer of said Northwest Quarter of the Southwest Quarter; thence South 7 degrees, 37 minutes, 32 seconds East a distance of 129.04 feet; thence Southwesterly on a curve to the right having a radius of 70 feet and 0 central angle of 66 degrees, 5 minutes, 51 seconds and distance of 80.75 feet to the point of beginning of land to be describe thence continue Southwesterly on said 70 foot radius curve a distance of 39.59 feet; thence North 89 degrees, 7 minutes, 32 seconds West and parallel to the North line of said Northwest Quarter of the Southwest Quarter distance of 73.95 feet; thence Southwesterly on a curve to the left having a radius of 73 feet a distance of 115.78 feet to a point which is 33 feet East of, as measured at right angles to, the West line of said Northwes Quarter of the Southwest Quarter; thence South and parallel to said West line 0 distance of 70 .feet; thence .' ',terly and parallel to the North line of said Northwest Quarter of the Southwest Quarter 0 distance of 203 . ~t; thence North and parallel to the West line of said Northwest Quarter of the Southwest Quarter a distance of 127.15 feet; thence North 31 degrees, 31 minutes, 41 seconds West a distance of 33 feet to the point of beginning. "' LEGEND /'.1 SUbject P~ 0 350' Mailing Boundary N Street Center Unes CJ Properties Nolifled -" ~ j \ Parcels CJ Lot I Parcel Boundaries D Rigl1l-<t-Way D Water Features City of Andover VARIANCE 99-09 16045 Enchanted Dr. 4021 16087 4012 16060 ./ / 16077 16045 ./ 16057 3879 16031 J 3963 3943 3929 3917 4020 / 3968 , 3936 N A. Sources: Andover Engineering Andover GIS Anoka County GIS 1 inch ~ 490 feet RF -1:5,883 Map Date: August 20, 1999 -1' ?roposed \ddition ~x. of ~ c ~ ~ <( ~ ~ JL,. x. , ..1 ::> ~ Al& ~ I II ,j';....O Ie, I,-,J . _.---- ...--- - - .-.. --- - --- ..:1I:JII,-----d~. 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Legal Description of Property: ~ . ~f'IOc-m of SJILJEi'( (Fill in whichever is appropriate): Lot Block Addition PIN 1] - 62.- 7Ll - ~2-LX'Z)::S attach the complete le9~lt Plat Parcel (If metes and bounds, --------------------------------------------------------------------- Description of Request ~k,JU; t)F R-:1 <Ssr ~N~ f?!:/;('J/~s.f&IJ1f.;s) --.Fo~ F~ :J. t'Ar-~ 01=- Lor fb- .,~ IIJ'o"J. l/~cific Hardship J:inl~~V~ IJ~~ ~o,e. 10 ~/N& 6ep~/i:" MOr;;>lFIC/ftiotJS (A:OOITI~ W,LL CNL:i 1="" IN Af!EA:S AS ~pa:.,t=ley 0...( ~UJ~f~,.Jls. ~i IS t~ I,.J~S. 10 .e-3 ~IIJb- Section of Ordinance jp.02. M,N' ~. Current Zoning _~_! --------------------------------------------------------------------- Name of Applicant b~ tv{ Lk"ARGJ~~r Address 1(,D4S: ,J. GJu.f~ -yit.. .-J.W' ~~~::;;~~-------_::::::::_:::::_-;';~;-~~,~~_:~~~~~~~ Property Owner (Fee Owner) (If different from above) Address 'Ie Phone , / Business Phone ;. :Jnature Date --------------------------------------------------------------------- CITY OF ANDOVER REQUEST FOR COUNCIL ACTION , DATE: September 7. 1999 AGENDA SECTION Staff, Committees, Commissions ORIGINATING DEPARTMENT Todd Haas, .~ Engineering ITEM NO. Update of Trail Extensions/Crosstown Boulevard NW & ~u.nker Lake Boulevard NW The City Council is requested to discuss possible trial extensions as requested by the City Council last month. The City Council requested that Crosstown Boulevard trail extension from Sunshine Park to Andover Boulevard NW be considered. I have discussed the possibility of extending the trail in with the Martinsons (14905 Crosstown Boulevard NW) in front of their home. At this point the Martinsons have no interest in having the trail in front of their home. The Martinsons would prefer the City to route the trail users to use 148th Avenue NW to SunshineParkand . , then use the new trails that were recently constructed in the park from the south,parking lot to the north parking lot. Park and Recreation Commission is recommending the City Council to . .., . construct a trail from 148th Avenue NW south to. Coon Creeki(south side) which there, will be a, trail along Coon Creek between Crosstown Boulevard NWand Hanson Boulevard NW(may " be next year), The City Council is requested to approve the construction of a trail section along Bunker Lake Boulevard between Crosstown Boulevard NW and Thrush Street NW and to be included as a change order to the contract for Project 98-17. . Staff has evaluated the possibility of extending the trail west of Crosstown Boulevard NW to Hidden Creek North park, Due to minimal right- of-way of 50 feet on the south side and some existing slope problems it is recommended not to do this section. The neighborhood still will be able to get to Hidden Creek North park through interior streets. If the residents are concerned about getting to the new trail along Bunker Lake Boulevard NW the City Council has ordered plans and specs for the construction of a trail along Crosstown Boulevard NW. We anticipate that this project would be designed over the winter months. Note: If the City Council approves the construction of the trail east of Crosstown Boulevard NW on the north side of Bunker Lake Boulevard NW this would have to be funded 100% by the City. It is recommended that this would be paid from the trail fund that is available. ~J! ,~ ~ J !I if :3' r " - , [ " . ! I! T ' "l ==-- ~. ~! ~_ -..;J B rTm .~;;-r- -.Jr-- I _' _~f;;;;- : LL~~~ 1- .. L-~l>!>1---1' . ,d~"'J - "'C~'" ~"... I ~~'~ "-"- ~ ~ , I ., ~ ! r~~1":!:7". " -,- b olJ. ."".<'.." "." . Il5ZIZ. P I ~ ~ f,"I':;~;~~~':~;";'- i ~ 7ii'" , 'oj "'......... ;"'~ u; ~ I . ..f;AN'OO\' ~_ ~ ~ !!lICri1 R ~ ===l IE!! i i/../ !!_,u. 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C 0: Q " .. > " ~ 0: " g c :c 0:. a; .. - ,. ;;; .. u ~ ~ '" .. ::a ~ ... z z :; '" ... ~ ;c .. .. 10 '9 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION '\ I DATE: SePtember 7. 1999 AGENDA SECTION ORIGINATING DEPARTMENT Non-Discussion Administration Richard Fursman ITEM NO. iD. Appoint Fiscal Consultants REQUEST: The City Council is requested to appoint Ehlers and Associates as the City's new fiscal advisor. Staff interviewed Ehlers, Juran and Moody and Springsted over a two day period, Ehlers' staff and company structure appear to be an excellent match for the fiscal issues facing Andover. Ehlers, if appointed, will immediately begin working with bond and fiscal issues not previously initiated by Juran and Moody. Representatives from Ehlers have become involved on a limited scale with the Grey Oaks project, dealing with the TIF issue. / CITY OF ANDOVER REQUEST FOR COUNCIL ACTION / DATE: Seotember 7. 1999 AGENDA SECTION Non-Discussion/Consent Item ORIGINATING DEPARTMENT Finance .1M Brian A. Swanson ITEM NO. l \~elease Letter of Credit - #94-8/Foxberry Farms Release Letter of Credit - Foxberrv Farms #94-8 ReQuest: The Andover City Council is requested to approve the release ofletter of credit #941014 in favor of the City of Andover provided by Scherer Brothers Lumber Company on behalf of Contractor Property Developers Company. This release results in a $10,000.00 decrease. , ) . / CITY OF ANDOVER REQUEST FOR COUNCIL ACTION / DATE: September 7. 1999 AGENDA SECTION Non-Discussion/Consent Item ORIGINATING DEPARTMENT Finance 6ff) Brian A. Swanson ITEM NO. i~elease Letter of Credit - #94-10/Jonathan Woods In. ' Release Letter of Credit - Jonathan Woods #94-10 Reauest: The Andover City Council is requested to approve the release of letter of credit #941014 in favor of the City of Andover provided by Scherer Brothers Lumber Company on behalf of Contractor Property Developers Company. This release results in a $8,388.94 decrease. , \ J / I CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: SePtember 7 , 1 999 AGENDA SECTION DEPARTMENT ORIGINATING Non-discussion Item ITEM NO. 12L Adopt 2000 Preliminary Budget/Levy BACKGROUND: Each year the City Council is required to submit a preliminary levy certification to the County, As discussed at the budget meeting on August 9, 1999, the City is submitting the maximum levy under the levy limitations rules, Please keep in mind that this is not a final levy. The Council has the right to reduce or keep constant this levy until the final certification date in December, 1999, REOUEST: The Council is requested to review and approve the attached resolution. This resolution indicates the amount ofthe preliminary levy and will be submitted to the County along with required County . documents, In accordance with Truth in Taxation law, M's,275,065, this preliminary levy must be . certified to the County by September 15, / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO -99 / A RESOLUTION ADOPTING THE CITY OF ANDOVER 2000 PROPOSED PROPERTY TAX LEVY TO BE CERTIFIED TO THE COUNTY AUDITOR. WHEREAS, the preparation and adoption of operating budgets is recognized as sound financial practice; and WHEREAS, the City of Andover receives significant financial support from its residents through the payment of property taxes; and WHEREAS, the City of Andover has the responsibility to appropriately and efficiently manage the public's funds; and WHEREAS, Minnesota State Law requires the City to certify to the County Auditor a proposed tax levy and budget prior to September 15, 1999. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover hereby adopts the proposed 2000 property tax levy totaling $ 4,410,226, of which $ 3,819,433 is for general operating purposes and is levied against all taxable property within the City of Andover, $21,430 is levied against property located within the Lower Rum River Watershed District for the City of Andover's share of costs of this organization and $569,363 is for the repayment of bonded indebtedness as follows: 1991 Fire Station Bonds 1999 Certificate of Indebtedness $ 299,363 $ 270,000 Total $ 569,363 BE IT FURTHER RESOLVED that the City Council of the City of Andover hereby establishes the, preliminary General Fund budget as follows: REVENUES EXPENDITURES Property Taxes License and Permits Intergovemmental Revenue Charges for Current Services Fines and Forfeits Miscellaneous Revenue Transfers Total $ 3,478,505 570,904 941,975 775,993 52,000 278,000 820.441 $ 6,918.618 General Government Public Safety Public Works Other $ 1,913,525 2,019,954 2,870,312 114,827 Total $ 6.918,618 Adopted by the City of Andover this 7th day of September, 1999, CITY OF ANDOVER <\ TTEST: / J. E. McKelvey - Mayor Victoria Volk - City Clerk STATE OF MINNESOTA) ::::OUNTY OF ANOKA ) CITY OF ANDOVER ) I, the undersigned, being the duly qualified and acting City Clerk of the City of Andover, Minnesota, do hereby certify that I have carefully compared the attached Resolution No. -99 adopting the 2000 Proposed Property Tax Levy with the original record thereof preserved in my office, and have found the same to be true and correct transcript of the whole thereof. IN TESTIMONY WHEREOF, I have hereunto subscribed my hand this ~day of September, 1999. Victoria V olk - City Clerk J . / CITY OF ANDOVER REQUEST FOR COUNCIL ACTION I DATE: SePtember 7. 1999 AGENDA SECTION Non-Discussion ORIGINATING DEPARTMENT Finance c::::s:; ~ Jean D. McGann ITEM NO. S~t Truth in Taxation Hearing Dates IY. Backl!:round: Each year the Andover City Council is required to hold Truth in Taxation meetings. These meeting give the public the opportunity to comment and make recommendations on the proposed budget, The first hearing date selected by the City will be for the initial hearing to present the proposed levy and budget to the public. If the initial hearing is not sufficient for all public comment and further discussion is required, a continuation hearing will be necessary. The date and time of continuation hearing must be announced before the close of the initial hearing, The continuation hearing must occur between five 'and 14 business days after the initial hearing. If a continuation hearing is not necessary, the City must . announce the date and time of a subsequent hearing for. the official adoption of the final levy and budget. The announcement must be made prior to the end of the initial hearing, J Request: The Andover City Council is requested to set the Truth in Taxation Public Hearing dates as follows: Initial hearing date: Tuesday, November 30, 1999 at 7:00 PM Continuation hearing date: Tuesday, December 7, 1999 at regular City Council meeting Please contact me at 767-5110 or jmcgann@andovermn,com with any questions or concerns. CITY OF ANDOVER REQUEST FOR COUNCIL ACTION J DATE: September 7. 1999 AGENDA SECTION Non-Discussion/Consent Items ORIGINATING DEPARTMENT Todd Haas, .#' Engineering ITEM NO. . ~pprove Plans & Specs/99-2/Hawkridge Park Well 1,11. The City Council is requested to approve the resolution approving plans and specifications for Project 99-2, Hawkridge Park Well. The plans and specs are available in the Engineering Office for your review. . ) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO, 99-2 ,FOR HAWKRIDGE PARK WELL. WHEREAS, pursuant to Resolution No, 129-99 , adopted by the City Council on the ~ day of June ,19 99, TKDA has prepared final plans and specifications for Project 99-2 for HawkridQe Park for Well improvements. WHEREAS, such final plans and specifications were presented to the City Council for their review on the --1llL day of September ,19~. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Final Plans and Specifications. / BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby direct the City Clerk to seek public bids as required by law, with such bids to be opened at 10:00 AM September 30 , 19 99 at the Andover City Hall. MOTION seconded by Councilmember and adopted by the . City Council at a reQular meeting this 7th day of September ,19 99 , with Councilmembers favor of the resolution, and Councilmembers against, whereupon said resolution was declared passed, voting in voting CITY OF ANDOVER ATTEST: J.E, McKelvey - Mayor Victoria Volk - City Clerk CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: September 7,1999 AGENDA SECTION Non-Discussion/Consent Item ORIGINATING DEPARTMENT Todd J. Haas, ~ Engineering ~ ITEM NO. 1~.APprove Revised 1999 Park Capital Improvement Budget The City Council is requested to approve the revised 1999 Park Capital Improvement Budget as recommended by the Park and Recreation Commission at their August 19, 1999 meeting. 1999 Park Capital Improvement Budget · $50,000 - Kelsey Round Lake Parl{ (Phase II) Hawkridge Park Well · $10,000 - Sunshine Park Trail and Bleacher Pad Improvements, Projects 99-1 & 97-52 $60,000 TOTAL ~ Note: Kelsey-Round Lake Park is proposed to be paid for from the trail fund, I CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: SePtember 7.1999 AGENDA SECTION Non-Discussion Item ORIGINATING DEPARTMENT Planning ITEM NO. V AR 99-08 Variance to Ord. 223 OHWM Setback - Rum River Gordon Engels I' 5183 159th Avenue NW \/. John Hinzman, City Planner Request The City Council is asked to approve the request of Gordon Engels to vary approximately 40' from the 100' minimum setback from the ordinary high water mark of the Rum River as stipulated in Ordinance 223 in order to replace a failing septic system. The property is located at 5183 1 59th Avenue NW (PIN 13-32-25-42-0003). The property is zoned R-l, Single Family Rural. Planning and Zoning Commission Action The Planning and Zoning Commission voted 7-0 to approve the item at the August 24, 1999 meeting with limited discussion. Please refer to the attached minutes for further information. A copy of Ordinance 223 is available upon request. Attachments . Resolution for Approval . Planning and Zoning Commission minutes - August 24, 1999 . Planning and Zoning Commission staff report - August 24, 1999 / / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO, R -99 A RESOLUTION APPROVING THE VARIANCE REQUEST OF GORDON ENGELS TO VARY APPROXIMATELY 40 FEET FROM THE 100 FOOT MINIMUM SETBACK FROM THE ORDINARY HIGH WATER MARK OF THE RUM RIVER PURSUANT TO ORDIANCE 223 AT 5 I 83 159m AVENUE NW (PIN 13-32-25-42- 0003). WHEREAS, Gordon Engels has requested a 40 foot variance to the 100 foot minimum setback from the ordinary high water mark of the Rum River pursuant to Ordinance 223 at 5183 1 59th Avenue NW (PIN 13-32-25-42-0003) legally described as follows: / That part of Government Lot 6 described as follows: Commencing at the northwest comer of Government Lot 5; thence west 16.5 feet to a line parallel with and 16.5 feet west of the east line of said Government Lot 6; thence north along said parallel line 1067.88 feet to a point 1486.32 feet south of the north line of Government Lot 7; thence deflecting to left 88 degrees 35 minutes and parallel with north line of said Lot 7, 701.5 feet; thence deflecting to left 82 degrees 58 minutes 230.41 feet; thence deflecting right 18 degrees 58 minutes 131.15 feet; thence deflecting to left 12 degrees 28 minutes 366.5 feet; thence deflecting left 31 degrees 33 minutes 255.2 feet; thence deflecting to left 33 degrees 35 minutes 20.8 feet to point of beginning; thence continuing along last described course, along a line now known Line "A", 1 00 feet; thence deflecting to right 84 degrees 153.25 feet to Rum River; thence deflecting right 106 degrees 8 minutes along said river 127 feet to a line thru point of beginning and deflecting 93 degrees 57 minutes from said Line "A" (as measured from southeast to northwest); thence northeasterly along said line 130.2 feet to point of beginning; 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. 223; and WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect upon the health, safety, morals, and general welfare of the City of Andover; and WHEREAS, a public hearing was held pursuant to state statute; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the variance as requested. / , Page Two V AR 99-08 5183 1 59th Ave NW September 7, 1999 , / 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 on said property with the following conditions: 1. That the applicant obtains all applicable building permits. 2. That the request is subject to a sunset clause. If the City Council determines that no significant progress has been made within the first twelve months from the approval date the resolution shall be null and void. 3. That the variance is contingent upon the approval by the Minnesota Department of Natural Resources. Adopted by the City Council of the City of Andover on this 7th day of September 1999. / CITY OF ANDOVER ATTEST: J.E. McKelvey, Mayor Victoria V olk, City Clerk / Regular Andover Planning and Zoning Commission ,'vfeeting Minutes - August 2-1, 1999 Page 8 / PUBLIC HEARING: VARIANCE (VAR 99-08) - VARIANCE FROM ORDINANCE NO. 223 ORDINARY HIGH WATER MARK FOR SEPTIC SYSTEM - 5183 159TH AVENUE NW- GORDON ENGELS. City Planner, John Hinzman stated the Planning and Zoning Commission is requested to review the request of Gordon Engels who's property is located at the end of 1 59th Avenue, on the Rum River. He stated this property was subject to the City's Scenic River Ordinance, Ordinance No. 223, which regulates lot size and set backs from the Rum River. He stated the request is to vary approximately 40 feet from the 100-foot minimum setback from the ordinary high water mark for any septic system, as stipulated in the ordinance. Mr. Hinzman stated the existing home on the property was constructed in 1963, and the property is approximately one third of an acre, therefore, the options for placing a second septic system on the property are rather limited. He stated Ordinance 223, Section 10 requires that certain criteria be satisfied in granting a variance within the Rum River District. He provided a review of the criteria presented. / Mr. Hinzman stated the present septic system is failing, and requires to be pumped on a regular basis. He referred to the site plan, which indicated that the drain fields would be located on the north side of the house. He stated the nearest this would encroach to the Rum River would be 60 feet. He stated the rear yard area is prohibited from being utilized for a septic system. He stated the size of the lot, and the well location, further prohibit the placement of the septic system. He noted there was not sufficient room on the south side of the house. He stated a similar, larger variance was granted for the replacement of a septic system on the neighboring property in 1996. Mr. Hinzman outlined the options available to the Planning and Zoning Commission. He stated staff recommends approval of the variance subject to the conditions of the resolution, which include obtaining a building permit, and is contingent upon approval by the Department of Natural Resources, who regulate the Rum River Scenic District. Chair Squires requested clarification of the proposed septic system. Mr. Hinzman stated this would be an inground septic system. Chair Squires inquired regarding the depth of the water table, and if the proposed septic system would meet the three-foot separation from the water table. Mr. Hinzman stated borings had been performed to determine the water table on the site, and are currently being reviewed by the Building Department, however, he was uncertain, at this time. He explained that the septic system will be reviewed in depth by the Building Official, to meet the three-foot separation requirement. Commissioner Dalien stated it appeared the encroachment of the septic system was not any closer than that of the house. He inquired if this was correct. Mr. Hinzman stated it was. / Regular Andover Planning and Zoning Commission Jo.-feeting Minutes - August 24, 1999 Page 9 / Commissioner Falk inquired if the old septic system would be removed. Mr. Hinzman stated it would be. Motion by Apel, seconded by Hedin, to open the public hearing at 7:38 p.m. Motion carried on a 7- ayes, O-nays, O-absent vote. Commissioner Apel stated these situations would come before the Commission from time to time, as they had in the past. He stated when the shoreline ordinances were adopted a few years prior, the City of Andover was provided with a less broad decision making function than the city of Ramsey. He stated many of the homes that were built prior to 1975 were actually in the city of Ramsey. He stated, due to the trading of land several years prior, the land in Andover is now on the east side of the Rum River, and the land along the river that was previously in Andover, is now a part of Ramsey, on the west side of the river. He stated, in light of this, these situations are not unusual, particularly as the septic systems in this location are aging. Mary Anderson stated she owned property adjacent to the applicant, and she was the person who had had her septic tank installed a few years prior. She stated she planned to live in her home for a long time, however, in the event that she might wish to sell her lot in the future, she inquired if she could obtain a map showing the location of the. proposed septic system, for her records. Mr. Hinzman stated he would provide Ms. Anderson with the requested information. Motion by Apel, seconded by Hedin, to close the public hearing at 8:42 p.m. Motion carried on a 7- ayes, O-nays, O-absent vote. Motion by Daninger, seconded by Falk, to Recommend to the City Council Approval of Resolution No. R -99, a Resolution Approving the Variance Request of Gordon Engels to Vary Approximately 40 Feet From the 100 Foot Minimum Setback From the Ordinary High Water Mark of the Rum River Pursuant to Ordinance 233, at 5183, 1 59th Avenue NW (PIN 13-32-25-42-0003). Motion carried on a 7-ayes, O-nays, O-absent vote. Mr. Hinzman stated this item would be considered at the September 7, 1999, City Council meeting. PUBLIC HEARING: SPECIAL USE PERMIT (SUP 99-115) ANENNA IN EXCESS OF 35 FEET IN HEIGHT - 31xx SOUTH COON CREEK DRIVE NW - US WEST WIRELESS, LLC. Zoning Administrator Jeff Johnson stated the Planning and Zoning Commission is requested to hold a public hearing to review the request of US West Wireless to construct a Wireless Communications Facility, (antenna/tower) on the property located on the 3100 block of South Coon Creek Drive. He stated the subject property is zoned R-l, Single Family Rural and is 10.3 acres in size. , / Mr. Johnson stated one of the applicable ordinances is Ordinance 113, which regulates the construction and maintenance of private and commercial antennas and towers, and requires a Special i ;' CITY OF ANDOVER REQUEST FOR PLANNING COMMISSION ACTION DATE: August 24, 1999 ITEM NO. 4 ORIGINATING DEPARTMENT V AR 99-08 Variance to Ordinance 223 OHWM Setback - Septic System 5183 1 59th Avenue NW Gordon Engels Planning John Hinzman City Planner Request The Planning and Zoning Commission is asked to review the request of Gordon Engels to vary approximately 40' from the 100' minimum setback from the ordinary high water mark of the Rum River as stipulated in Ordinance 223. The property is located at 5183 1 59th Avenue NW (PIN 13-32-25-42-0003). ( ./ The property is zoned R-l, Single Family Rural. Applicable Ordinances Ordinance 223, Rum River Scenic River Ordinance, Section 5 - Land Use District Provisions establishes a 100' minimum setback from the ordinary high water mark of the Rum River for all septic systems. Ordinance 223, Section 10 requires the following tG felle'l;1!\g-.tO be present in granting a variance: 1) The strict enforcement of the land use controls will result in unnecessary hardship. 2) Granting of the variance is not contrary to the purpose and intent of the zoning provisions herein established by these standards and criteria, and is consistent with the Management Plan for the Rum River. 3) There are exceptional circumstances unique to the subject property, which were not created by the property owners. 4) Granting of the variance will not allow any use, which is neither a permitted or conditional use in the land use district in which the subject property is located. , / Page Two Variance 99-08 5183 1 59th Avenue NW Gordon Engels 5) Granting of the variance will not alter the essential character of the locality as established by the Management Plan for the Rum River. Background The existing home was constructed in 1963. The present septic system is failing, requiring frequent pumping. A new septic system must be installed to meet Minnesota Department of Health standards. The creation of the lot and home predates both the Zoning and Scenic River Ordinance. The lot was developed under Ramsey Township Ordinances, and annexed to the city upon incorporation in 1974. Hardship The applicant defines the hardship as "small lot, only location to place new drainfield trenches, septic system is currently failing." Staff Review The existing lot is substandard containing approximately .36 acres (15,600 s.f.). Lot depth ranges from 130' to 153' from the Rum River. The shallow depth and size of the lot and well location prohibits construction of a septic system compliant to Ordinance no. 223. The Minnesota Department of Natural Resources has reviewed the proposal and recommends approval of the variance. A similar, larger variance was granted for septic system on the neighboring property in 1996. Commission Options The Planning and Zoning Commission may recommend one of the following options: 1. Recommend approval of the variance, finding it meet the requirements of Ordinance No. 223 2. Recommend denial of the variance, finding it does not meet the requirements of Ordinance No. 223. In recommending denial of the request, the Commission shall state those reasons for doing so. 3. Table the request pending further information. , / / Staff Recommendation Staff recommends approval of the variance subject to the conditions of the attached resolution. Attachments · Resolution for approval · Area Location Map · Site Location Map . Site Pictures · Copy of Variance Application · Notice of Public Hearing · Ordinance 223, Scenic River Ordinance ./ , / ;' CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R -99 A RESOLUTION APPROVING THE VARIANCE REQUEST OF GORDON ENGELS TO VARY APPROXIMA TEL Y 40 FEET FROM THE 100 FOOT MINIMUM SETBACK FROM THE ORDINARY HIGH WATER MARK OF THE RUM RIVER PURSUANT TO ORDIANCE 223 AT 5183 159m AVENUE NW (pIN 13-32-25-42- 0003). WHEREAS, Gordon Engels has requested a 40 foot variance to the 100 foot minimum setback from the ordinary high water mark of the Rum River pursuant to Ordinance 223 at 5183 159lh Avenue NW (PIN 13-32-25-42-0003) legally described as follows: ( That part of Government Lot 6 described as follows: Commencing at the northwest comer of Government Lot 5; thence west 16.5 feet to a line parallel with and 16.5 feet west of the east line of said Government Lot 6; thence north along said parallel line 1067.88 feet to a point 1486.32 feet south of the north line of Government Lot 7; thence deflecting to left 88 degrees 35 minutes and parallel with north line of said Lot 7, 70\.5 feet; thence deflecting to left 82 degrees 58 minutes 230,41 feet; thence deflecting right 18 degrees 58 minutes 13 Ll5 feet; thence deflecting to left 12 degrees 28 minutes 3665 feet; thence deflecting left 31 degrees 33 minutes 255.2 feet; thence deflecting to left 33 degrees 35 minutes 20.8 feet to point of beginning; thence continuing along last described course, along a line now known Line "A", 100 feet; thence deflecting to right 84 degrees 153.25 feet to Rum River; thence deflecting right 106 degrees 8 minutes along said river 127 feet to a line thru point of beginning and deflecting 93 degrees 57 minutes from said Line "A" (as measured from southeast to northwest); thence northeasterly along said line 130.2 feet to point of beginning; 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. 223; and WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect upon the health, safety, morals, and general welfare of the City of Andover; and WHEREAS, a public hearing was held pursuant to state statute; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the variance as requested. , / / Page Two V AR 99-08 5183 1 59th Ave NW August 24, 1999 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 on said property with the following conditions: 1. That the applicant obtains all applicable building permits. 2. That the request is subject to a sunset clause. If the City Council determines that no significant progress has been made within the first twelve months from the approval date the resolution shall be null and void. 3. That the variance is contingent upon the approval by the Minnesota Department of Natural Resources. 1999. Adopted by the City Council of the City of Andover on this 7th day of September CITY OF ANDOVER ATTEST: J.E. McKelvey, Mayor Victoria V olk, City Clerk , I ~ City of Andover VARIANCE 99-08 5183 159th Ave. Gordon Engels en w 0:: I- Z W > CITY OF RAMSEY LEGEND /" . ,". Subject Property 0 350' Mailing Boundary '. f\/ Street Center lines D Properties NotJfied , / Parcels 8 Lot' Parcel Boundaries Right-oJ-Way Water Features 'LOCATlON N S01lrces: A Andover Engineering Andover GIS Anoka County GIS 1 inch" 490 feet RF - 1 :5.883 Map Date: August 10, 1999 SITE RE~ORT f'RCf'ER1'f OWNER(S): Gor~c~ E "''1.1.['> LEGAL DESCRIPTION OF PROPERTY: 51'1 r .5'1 - "V4 V l.J SECTION: RANGE: TOW~ISHIP: C,ITE.11tZ FIL~ NUMB:::Z, g 'G -'I <j HAVE THE FOLLOWING 6EEN SKETCHED ON MAP? ()(') PHONE EASEMENT (?<') GAS EASEMENT ( ) OTHER EASEMENTS ( Y) ELECTRIC EASEMENTS ('I-) DWELLING LOCATION ( ) BUILDING SET6ACKS ( ) 5ENCHMA,RK ( ) ELEVATION ( ) OTHER IMPROVEMENTS ( f) LOT DIMEMSIONS ( ) SLOPE ( ) SLOPE PERCE~T (f) DIRECTION OF SLOPE ( ;() NORTH DIRECTION IND. ( ) UNSUITABLE AREAS ( ) PUMPING ,""CCESS ('<1 LOc,.>,T!CN OF EXISTiNG SYSTEM IF ThERE !S ONE A,LREADY. ( ) LOCATION OF REPLACEMENT ARE."" (7\) :'ERC TES7/ selL BORINGS ST,'>',K=:c; ."'ND CRNNN ON MA,P ()') PROPOS~D LOCATiON OF SYSTEM ( ) IS 7~E PR':;P:;S:::D ,""R=:,"'., PR:;-=::-:-::::; :",NV :;R."':~iN (Y) PROPERTY ~,NES ( ) Wr,lER r ) ''''=TLAW'''' ( ''''-R= "" ,'" "'r 'L'" K=:' ( ) '~/"'-=R :., 'CT'O" "'''= r 0/', "R=C.S' 'R= pl"= ( ) =, 'TUR= 'MPR:;'!, .... .1.1....... ,.....,,_.IY'......\I'i.... ,.1__ 1.1_ -''- ,1".'lr_ \f.'o --........ ,,- \. ..... .- , / ) OTr,ER ( ) :;,,..ER , ; C7-ER ) OTfCER ( ) C,,-ER ) 07hER ) OTHER ( ) OiH:::R : C7~ER AlAJ,J~ Ik-/S. 7:00 -Pic Sept. ,fl"l 1'115 7;aJ - cc'~(c,CJ/'C11 E=/'lQ( ,4///'...../. ~ ':!~) \[~ CITY of ANDOVER Property Address Sl83 VARIANCE REQUEST FORK I S~ ~ Q~...e. J.J tv Legal Description of Property: (Fill in whichever is appropriate): Lot Block Addition Plat Parcel PIN {3-}~:~S-Lf..2-0(1;)3 (If metes and bounds, attach the complete legal) --------------------------------------------------------------------- Description of Request 1?~91l'JlJr- lJ~.A~_ C1 "tv '8'.AIL\ Io.e..cl.. ~_ ~~ ~ ~=- c..iJ.A ~cI.. " 11_1... ~ h.Il LJ.. ~ ..w ~ crn.1L ~ ~L ~ - -~-r-' c- I --T---Y "'-e ~J - (?,J>{J{" loJ.,'lA,."'"",, Go' o~ ue",cL )ecific Hardship ~1 / ~' ~-- ,~~ ~rL>__ ~('LJ2.d ",p ,;1.;,. A ML-- r= oJ u ~ k....1.Lo........ ~"" ^~ t1 ---------.. I ('~^D.l~, ~ ~ -4.1 ~ d--c..<,'--I ,,; 1/ Section of Ordinance d:2S Current Zoning ~.hJ ' 12-( --------------------------------------------------------------------- Name of Applicant MlJI.j" usa h Address Sgg- ~'5!::- o..~ );t Home Phone (G'~l l{4~, 58'79 [XC=Cl.UCl.": "".9 :I:So..",L .+>.... ::r So '-/(3 Business Phone (<01.;1) ~;;'5".I{,QJ Date g.C;;-Q9 Signature c1^.~~J^. qn~ --------------------------------------------------------------------- Property Owner (Fee Owner) 6orJo",- fl'\3/l-ls (If different from above) Address 5'83 ;5''1 ~ a.....a"" ~ .(J (.u ~ ....d ~ :..'-f!..... ,.." '"' S'!;; 30 '-I Home Phone Business Phone '-~:::~:::_~~--~~~-----------~:~:_~~:!_:_---------- ) CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW. . 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, August 24, 1999 at Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota to review the variance request of Gordon Engels to vary from the 100' minimum setback from the Ordinary High Water Mark of the Rum River pursuant to Ordinance 223. The subject. property is located at 5183 1 59th Avenue NW (pIN 13-32-25-42-0003) legally described " as follows: / That part of Government Lot 6 described as follows: Commencing at the northwest comer of Government Lot 5; thence west 16.5 feet to a line parallel with and 16.5 feet west of the east line of said Government Lot 6; thence north along said parallel line 1067.88 feet to a point 1486.32 feet south of the north line of Government Lot 7; thence deflecting to left 88 degrees 35 minutes and parallel with north line of said Lot 7, 701.5 feet; thence deflecting to left 82 degrees 58 minutes 230.41 feet; thence deflecting right 18 degrees 58 minutes 13 Ll5 feet; thence deflecting to left 12 degrees 28 minutes 366.5 feet; thence deflecting left 31 degrees 33 minutes 255.2 feet; thence deflecting to left 33 degrees 35 minutes 20.8 feet to point of beginning; thence continuing along last described course, along a line now known Line "An, 100 feet; thence deflecting to right 84 degrees 153.25 feet to Rum River; thence deflecting right 106 degrees 8 minutes along said river 127 feet to a line thru point of beginning and deflecting 93 degrees 57 minutes from said Line "An (as measured from southeast to northwest); thence northeasterly along said line 130.2 feet to point of beginning; subject to easements of record. All written and verbal comments will be received at that time. A copy of the proposed application will be available for review prior to the meeting at City Hall. Please contact John Hinzman, City Planner with any questions or comments at (612) 755-5100. /~ ij / _ , / ~ rIYlHinzrnan, City Planner v Publication dates: August 13, 1999 August 20, 1999 ) ~-,. ;-;.~ ..'....8... '-:v'<~_ - .:~_:;~~;;; ".-" ....... ~ ;-;c~,Z~~~~f~~:.:~~ sePti~,,~yste; ~~~:~:</~~ :~,:...,. ";<;~~..J-' -::~'. :!..-.~ =.." - ...:;- ~~'~"'-: . ~-- _-...-. . '.~ - :i....~~~..::;..: -."' ... .'_. _. __..~;h- .;:'7:__;~ .1".- . . .....? ...'"'-- .- - . , ",-i,-;".: I .' PIN 133225420'001.0 GALVIN JOHN J & JANET A 5151 159TH AVE NW M".. 'VER, MN 55304 , ) PIN 133225420006.0 ANDERSON MARY E 5167 159TH AVE NW ANDOVER, MN 55304 PIN 133225420004.0 COLLISON DAVID L & SHARON 5191159THAVENW ANDOVER, MN 55304 PIN PIN PIN PIN PIN "IN 'IN PIN 133225420008.0 MOEKILMERR 5159159THAVENW ANDOVER, MN 55304 PIN 133225420011.0 CONWAY MICHAEL T & JANET K 5040 159TH AVE NW ANDOVER, MN 55304 PIN 133225420007.0 ANDERSON MARY E 5175 159TH AVE NW ANDOVER, MN 55304 PIN 133225420003,0 ENGELS GORDON L & LILLIAN A 5183159THAVENW ANDOVER, MN 55304 PIN PIN PIN PIN PIN PIN PIN PIN PIN PIN PIN PIN PIN PIN PIN PIN Resident 15659 St. Francis Blvd. NW P. 'sey, MN 55303 ) Resident 15825 Juniper Ridge Drive Ramsey, MN 55303 Resident 15775 Juniper Ridge Drive Ramsey, MN 55303 Resident 15855 Juniper Ridge Drive Ramsey, MN 55303 Resident 15765 Juniper Ridge Drive Ramsey, MN 55303 Resident 15845 Juniper Ridge Drive Ramsey, MN 55303 Resident 15795 Juniper Ridge Drive Ramsey, MN 55303 , '-~ Resident 15711 Juniper Ridge Drive Ramsey, MN 55303 Resident 15760 Juniper Ridge Drive Ramsey, MN 55303 . / Resident 15761 Yakima St. NW Ramsey, MN 55303 Resident 5280 161st Ave. NW Ramsey, MN 55303 / Resident 15701 Juniper Ridge Drive Ramsey, MN 55303 Resident 15820 Yakima St. NW Ramsey, MN 55303 ~ City of Ramsey 15153 Nowthen Blvd. NW Ramsey, MN 55303 Resident 15710 Juniper Ridge Drive Ramsey, MN 55303 Resident 15790 Juniper Ridge Drive Ramsey, MN 55303 Resident 15840 Juniper Ridge Drive Ramsey, MN 55303 , / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 223 An Ordinance repealing Ordinance No. 52, adopted February 3,1981. AN ORDINANCE FOR TIlE CONTROLLING OF BLUFFLAND. AND RIVERLAND DEVELOPMENT IN ORDER TO PROTECT AND PRESERVE TIIE SCENIC, RECREATIONAL, NATURAL, HISTORICAL AND SCIENTIFIC VALVES OF TIIE RUM RIVER IN THE CITY OF ANDOVER. The City Council of the City of Andover hereby ordains as follows: Section t. Policy and Authorization. An ordinance for the controlling ofbluffland and riverland development in order to protect and preserve the scenic, recreational, natural, historical and scientific values of the Rum River in Andover, Minnesota, in a manner consistent with Minnesota State Statutes and the Management Plan for the Rum River. ( , ". / Section 2. Purpose. The purpose of this ordinance is to: (I) Establish a Scenic River District along the bluffland and shoreland of the Rum River as required by the Management Plan for the Rum River. (2) Regulate within the Rum River District, a land use district, the area oflot, and the length of bluffland and water frontage suitable for building sites. (3) Regulate the setback of structures and sanitary waste treatment facilities from blufflines and shorelines to protect the existing and/or natural scenic values, vegetation, soils, water quality, floodplain areas, and bedrock from disruption by man-made structures or facilities. (4) Regulate alterations of the natural vegetation and topography. (5) Maintain property values and prevent poorly planned development. (6) Conserve and protect the natural scenic values and resources of the Rum River and to maintain a high standard of environmental quality. / (7) To comply with Minnesota State Statutes and the Management Plan for ,~ , j CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: September 7, 1999 AGENDA NO. SECTION ORIGINATING DEPARTMENT Non-Discussion / Consent Agenda ITEM NO. APPROVE PURCHASE OF F450 TRUCK CHASSIS John Wallace - Vehicle Maintenance Department d. iJd~ APPROVED FORrlA BYW Below are prices for the purchase of the a F450 truck, chassis only. This vehicle is being purchased for our Parks Maintenance Department. The Parks Department is still in the process of trying to determine the best body type for this unit (i.e. dump box, flat bed or hook type, etc.). 1. SUPERIOR FORD $29,272.00 (plus tax) 2. Boyer Truck Sales $30,999.00 (plus tax) 3. Falls Automotive $31,600.00 (plus tax) I recommend we purchase the unit from Superior Ford (State Contract #4641A8) for $29,272.00, plus applicable tax, etc. We will pay for this vehicle from the 1999 Equipment Bond in which $40,000 is dedicated. / MOTION: SECOND: G:I WORDICOUNCILlc090799.doc CITY OF ANDOVER REQUEST FOR COUNCIL ACTION / DATE: September 7. 1999 AGENDA SECTION Non-Discussion/Consent Items ORIGINATING DEPARTMENT Scott ~rick~on,~l Englneenng ITEM NO. Authorize Discontinuation of Bids/99-17/ l ~~dover Commercial Park/Martin Street NW The City Council is requested to discontinue the bidding process for Martin Street south of Bunker Lake Blvd. It is recommended we adjust the bids to bid this project this winter for spring construction. This will also give us the time necessary to work out the details regarding access to the properties on either side of Martin Street. We have discussed spring construction of Martin with both developers, 116 LLC on the east and Ryan Companies on the west and they both concurred with the timing and the need to further discuss and work out access locations. / / \ / CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: Seotember 7. 1999 AGENDA SECTION Non-Discussion Item ORIGINATING DEPARTMENT Planning ITEM NO. Approve Resolution Petitioning the City of Anoka to Connect Sewer Service to 41 51 1 41 st Avenue NW I) Rosella Sonsteby 00. John Hinzman, City Planner Request / The City Council is asked to approve the attached resolution petioning the City of Anoka to connect sewer service to approximately 37 acres owned by Rosella Sonsteby at 4151 141 51 Avenue NW. A trunk sewer line operated by the City of Anoka currently abuts the southern border of the property. The proposed property is scheduled for municipal sewer and water service in the 1995- 2000 time frame. Service to the property was originally planned via the CAB Interceptor operated by Metropolitan Council. Met Council has no immediate plans to extend the trunk to service the property. Staff has met with the City of Anoka regarding possible connection of the proposed property. Anoka city staff has indicated that capacity is not available. Ms. Sonsteby is requesting that the city formalize the request as depicted on the attached resolution. Please see the attached resolution for further information. . / / CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA RES. NO. R -99 A RESOLUTION PETITIONING THE CITY OF ANOKA TO CONNECT SEWER SERVICE TO PROPERTY LOCATED AT 4151 141sT AVENUE NW, ROSELLA SONSTEBY (pIN 30-32-24-43-0001). WHEREAS, Rosella Sonsteby is the owner of real property in the City of Andover legally described as follows: Unplatted City of Andover the Southwest Quarter of the Southeast Quarter of Section 30, Township 32, Range 24, Anoka County, Minnesota; except the south 518.55 feet of the west 300.00 feet of said quarter; except the south 165.00 feet of said quarter; except roads, subject to easements of record. And / Unplatted Grow Township the Southeast Quarter of the Southeast Quarter of Section 30, Township 32, Range 24, Anoka County, Minnesota; except south 165 feet thereof; except that portion north and east of ANOKA COUNTY RIGHT OF WAY PLAT NO. 22; except roads, subject to easements of record. WHEREAS, Said property is adjacent to an existing sewer trunk line owned and operated by the City of Anoka; and WHEREAS, The owner of said property is within the 1995-2000 Andover Sewer Service Area as stipulated in the Andover Comprehensive Plan and has petitioned the City of Andover for municipal services. WHEREAS, City staff has met with the City of Anoka regarding connection and capacity issues for said property; and WHEREAS, The City of Anoka has indicated that capacity is not available; and WHEREAS, Ms. Sonsteby requests the City of Andover petition the City of Anoka for sewer connection. , / NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby petitions the City of Anoka for sewer service on the proposed legally described parcel if sewer capacity is available. , ) / / Page Two Rosella Sonsteby Petition September 7, 1999 1999. Adopted by the City Council of the City of Andover on this 7th day of September CITY OF ANDOVER ATTEST: J.E. McKelvey, Mayor Victoria V olk, City Clerk '\ .I / OJ C z fii :::0 ~ / . .~"" / CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DA TE: September 7, 1999 AGENDA SECTION Non-Discussion/Consent Item ORIGINATING DEPARTMENT Finance Brian A. Swanson ITEM NO. Reduce Letter of Credit - #93-17/Crown Pointe/Special Assessments 81. Reduce Letter of Credit - Crown Pointe #93-17 Request: The Andover City Council is requested to approve the reduction of letter of credit #243 to $46,000.00 in favor of the City of Andover provided by The Bank of Elk River on behalf of Ashford Development Corporation. This reduction results in a $36,000.00,decrease. / / '\ / CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: September 7, 1999 AGENDA SECTION Non-Discussion/Consent Item ORIGINATING DEPARTMENT Finance Brian A. Swanson ITEM NO. ~~ase Letter of Credit - #93-17/Crown Pointe/Developer Improvements Release Letter of Credit - Crown Pointe #93-17 Request: / The Andover City Council is requested to approve the release of letter of credit #242 infavor of the City of Andover provided by The Bank of Elk River on behalf of Ashford Development Corporation for Developer Improvements. This release results in a $3,450.00 decrease. ' , CITY OF ANDOVER REQUEST FOR COUNCIL ACTION , J DATE: September 7. 1999 AGENDA SECTION Non-Discussion/Consent Item ORIGINATING DEPARTMENT Finance Brian A. Swanson ~ ITEM NO. J31~ase Letter of Credit - #97-49/Chesterton Commons 2nd Release Letter of Credit - Chesterton Commons 2nd #97-49 Reauest: The Andover City Council is requested to approve the release of letter of credit #289 in favor of the City of Andover provided by The Bank of Elk River on behalf of Ashford Development Corporation for Plans and Specs. This release results in a $169,000.00 decrease. / CITY OF ANDOVER REQUEST FOR COUNCIL ACTION \ I DATE: September 7. 1999 AGENDA SECTION Non-Discussion/Consent Item ORIGINATING DEPARTMENT Finance Brian A. Swanson t!fI ITEM NO. n.~~ease Letter of Credit - #94-22/Crown Pointe East Release Letter of Credit - Crown Pointe East #94-22 Reauest: The Andover City Council is requested to approve the release of letter of credit #202 in favor of the City of Andover provided by The Bank of Elk River on behalf of Ashford Development Corporation for Special Assessements. This release results in a $118,677.00 decrease. ) CITY OF ANDOVER REQUEST FOR COUNCIL ACTION J DATE: September 7. 1999 AGENDA SECTION Non-Discussion/Consent Item ORIGINATING DEPARTMENT ITEM NO. ~~uce Letter of Credit - #97-08/Chesterton Commons Finance Brian A. Swanson t~ Reduce Letter of Credit - Chesterton Commons #97-08 Reauest: The Andover City Council is requested to approve the reduction of letter of credit #276 to $98,000.00 in favor of the City of Andover provided by The Bank of Elk River on behalf of Ashford Development Corporation for Special Assessements. This reduction results in a $29,700.00 decrease. , J CITY OF ANDOVER REQUEST FOR COUNCIL ACTION " ... ..., DATE: September 7. 1999 AGENDA SECTION Non-Discussion/Consent Item ORIGINATING DEPARTMENT Finance Brian A. Swanson,tij ITEM NO. Reduce Letter of Credit - #97-07/Crown Pointe East 2nd AID. Reduce Letter of Credit - Crown Pointe East 2nd #97-07 Reouest: The Andover City Council is requested to approve the reduction of letter of credit #264 to $43,650.00 in favor of the City of Andover provided by The Bank of Elk River on behalf of Ashford Development Corporation for Special Assessements. This reduction results in a $27,214.00 decrease. / " ) " , ..... "- CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE September 7.1999 AGENDA SECTION Approval of Claims ORIGINATING DEPARTMENT Finance Jean D. McGann lITEM NO. Schedule of Bills REOUEST: The Andover City Council is requested to approve total claims in the amount of$ 532.343.31. BACKGROUND: Claims totaling $ 226.581.83 on disbursement edit list #1 dated 08-24-99 have been issued and released. , Claims totaling $77.181.82 on disbursement edit list #2 dated 08-3t-99 have been issued and released. / Claims totaling $228.579.66 on disbursement edit list #3 dated 09-07~99 Will be issued and released upon Council approval. Date: 09-07-99 Approved By: , / 4� s v v v o v o m ± ♦``` � m a 0 00000 0 i y C o i r ai n r Q M m m m m m m Z H ♦ r J •p .p .1. N N N N N N (1 ♦ ♦ \ H m a a� A A d I fy (j . ♦ Y 'I. 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'" 0 .. !!' fa .. .."'... ...... fa .. .... !:l .. .. " .. ... U"lUl........IDOID " '" ... ... '" ... CDW...,...."'OW\Dt.J '" ~ '" '" '" " '" WCDO'IOloU"lOOGQ)\D " ... 0 ~ . . . . . . . . . 11! ... .. .. .. NWID-...lO'lOG'\....\D . ~ .. .. .. cr.....WIDCDOo\WO >l to to .. '" '" '" ~ '" 0 .. 0 '" ~ "' '" 11! :-' "" t't' ,"0 ..... 00 "''' , <: on ...... o~ o o "'.. '" &ll:; '00 "'0 ..<: "'" "'''' / CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: SePtember 7. t 999 AGENDA SECTION Discussion/Consent Item ORIGINATING DEPARTMENT Finance ~r-- Jean D. McGann, Finance Director ITEM NO. Add-on Schedule Budget Workshop Request: The Andover City Council is requested to schedule a 2000 Budget Workshop. Staff is requesting either Thursday, September 16th or Monday, September 20th as a workshop date. CITY OF ANDOVER REQUEST FOR COUNCIL ACTION Date September 7, 1999 AGENDA SECTION Amended Approval of Claims ORIGINATING DEPARTMENT Finance QQ~ Jean D. McGann lITEM NO. Schedule of Bills REQUEST: The Andover City Council is requested to approve total claims in the amount ofS 592,343.31. BACKGROUND: Claims totaling $ 226,581.83 on disbursement edit list #1 dated 08-24-99 have been issued and released. Claims totaling $ 77,181.82 on disbursement edit list #2 dated 08-31-99 have been issued and released. Claims totaling $ 288,579.66 on disbursement edit list #3 dated 09-07-99 will be issued and released upon Council approval. Date: 09-07-99 Approved By: CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: September 7. 1999 AGENDA SECTION Non-Discussion/Consent Item ORIGINATING DEPARTMENT Todd J. Haas, ~& Engineering. ~ ITEM NO. . 16. Approve Revised 1999 Park Capital Improvement Budget The City Council is requested to table this item to the next City Council meeting of September 21,1999. We are requesting this item be tabled to allow staff to further evaluate the use of the existing trail fund. SENT BY:A.C. SHERiff . 3- 7-33 3:12 PATROL DIVISION~ 612 755 8323:# 2/ 2 "']:+eM:JJ:.2- Office of the Sheriff Inter-Office Memo DATE: August 31,1999 TO: Sergeant M. Kazimer FROM: Lori Taylor SUBJECT: Snowmobile tickt:1.s issued - City of Andover Snowmobile season 1998-1999 For the snowmobile season 1998-1999, there were 4 t tickets issued by the Anoka County Sheriff's Otliee, which included the Reserves, the Recreational 01liccrs, and the Deputies. Note: All registration offenses, ie: expired regislration, no reBistration, failure to display registration, ore categorized as "registration offenses" Registration Offenses: 13 Owner Allow youth operation: 5 No Operator Permit: 2 No Helmet - Youth: 1 Operate at night against traffic: 8 Operating south of S. Coon Creek: 2 Operate on boulevard/park: 8 No stud sticker: 1 Speeding: 1 WARNING TAGS: Wrong way after sunset: Registration offenses: 2 4 SEP 07 '99 09:10 6123235135 PAGE. 02 .' DATE September 7. 1999 ITEMS GIVEN TO THECITY<COUNCIL . Planning and Zoning Minutes - August 10, 1999 . Special City Council Minutes - August 12, 1999 . City Council Minutes - August 17, 1999 . Park and Recreation Commission Minutes - August 19, 1999 . Planning and Zoning Minutes - August 24, 1999 . Ord. 800000 . Schedule of Sills PLEASE ADDRESS THESE ITEMS AT THIS MEETING OR PUT THEM ON THE NEXT AGENDA. THANK YOU. . \ '- ./ ,J CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA ORDINANCE NO. 800000 AN ORDINANCE AMENDING ORDINANCE NO.8, THE ZONING ORDINANCE OF THE CITY OF ANDOVER. The City Council of the City of Andover hereby ordains as follows: Section 7.03 Snecial Uses Special use permits for uses not listed herein shall not be granted except where the City Council determines that said uses are similar in character to those listed herein. Residential Districts: TWI3 family Hames ill R 4 and R 5 aistriets only WReR loeatioRs are established and apJ3r0vea OR ilie origiRal plat (SM, 9 01 91). " All other sections of this ordinance shall remain as written and approved by City Council. Adopted by the City Council of the City of Andover on this 3rd day of August, 1999. ATTEST: '/- '-L' .1 :r.;.' / C.. ,,~., l,.LU./ Victoria V olk, City Clerk CITY OF ANDOVER , ,/P };J1 , . C. I//D ~~ . E. McKelvey, Mayor