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HomeMy WebLinkAbout10-08-241685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV Andover Planning and Zoning Commission Meeting Agenda October 8, 2024 Andover City Hall Council Chambers 7.00 p.m. 1. Call to Order 2. Pledge of Allegiance 3. Approval of Minutes — August 27, 2024 Regular Meeting 4. Public Hearing: Consider Interim Use Permit (IUP) Request — In Home Beauty Salon — 1361 139" Ave NW — Kami Hirschey (Applicant) 5. Public Hearing: Consider City Code Amendment — City Code 12-14-8: Off Street Parking Requirements — City of Andover (Applicant) 6. Public Hearing: Consider City Code Amendment — City Code 12-7: Fences and Walls — City of Andover (Applicant) 7. Other Business 8. Adjournment 8 PLANNINGAND ZONING COMMISSIONMEETING —AUGUST 27, 2024 10 11 The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was 12 called to order by Chairperson Godfrey on August 27, 2024, 7:00 p.m., at the Andover 13 City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. 14 15 Commissioners present: Chairperson Karen Godfrey, Commissioners Scott Hudson, 16 Nick Loehlein, Chuck Naughton, Jon Shafto, and Pat 17 Shuman Jr. 18 19 Commissioners absent: 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Also present: Commissioner Ryan Winge Associate Planner Jake Griffiths. PLEDGE OFALLEGL4NCE APPROVAL OF MINUTES July 23 Regular Meeting Chair Godfrey assumed a motion to approve the minutes of the July 23, 2024, Regular Meeting as presented. Motion carried on a 6-ayes, 0-nays, 0-present, 0-absent vote. PUBLIC HEARING. Interim Use Permit (IUP) —Interim Performance Standards — 3160162nd Ln NW— PID# 16-32-24-23-0005 — Randy Ferguson (Applicant) 36 Associate Planner Jake Griffiths reviewed Interim Performance Standards are intended to 37 establish an alternative level of site improvements for properties located in the rural 38 industrial area generally referred to as the Hughs/Westview Industrial Park. The City 39 acknowledges that the lack of municipal utilities limits the development potential of these 40 properties. Interim performance standards are intended to allow for continued use, 41 expansion, and redevelopment with a level of site improvement that is commensurate with 42 the development potential of properties in this area. Interim performance standards are 43 reviewed through an Interim Use Permit (IUP) application and if approved may continue 44 until such time as City sewer and water are extended into the area. At that time, any future 45 expansion or redevelopment of the affected properties shall be required to fully conform 46 with the City Code. He indicated the location of the property on a map. Regular Andover Planning and Zoning Commission Meeting Minutes —August 27, 2024 Page 2 2 Mr. Griffiths indicated the applicant is requesting interim performance standards for an 3 expansion of their existing gravel parking area and a new concrete parking area for their 4 employees that would not have any curbing. The lack of curbing v. providing curb, and 5 the use of a gravel parking lot are the only two deviations to the City Code being 6 requested as part of this application. Along with their request, the applicant is proposing to 7 install additional landscaping and a chain link fence with slating to further provide 8 screening for the site. The applicant's narrative and map outlining their request are 9 provided for Commission review. The City of Andover Engineering Department has 10 reviewed the request and is comfortable with what is being proposed. 11 12 Mr. Griffiths reviewed City Code 12-14-8-C-2 states that applications for interim 13 performance standards shall be based on the following review criteria along with Staff s 14 comments: 15 16 a. Existing appearance of the building and site — The site is located on the corner 17 of Round Lake Blvd NW and 162nd Ln NW. It is well maintained with existing 18 landscaping and a principal structure which meets City Code requirements for 19 architectural compatibility. To City Staff s knowledge there have not been any 20 previous requests for interim performance standards at this property. 21 b. Compatibility of the proposed site development plan with the other industrial 22 properties in the area — There are a number of properties in the Hughs/Westview 23 Industrial Park area that have gravel parking areas and parking lots with no 24 curbing. Proposed landscaping and screening would also be similar to other 25 properties in the area. The site previously has had approval for a smaller gravel 26 parking area, and the proposed expansion is similar to others which already exist in 27 the area. 28 c. Effect of the proposed use and the proposed site development plan on the 29 adjacent residential neighborhood, including traffic, noise, glare, buffers, and 30 environmental impacts. 31 32 City Code 12-15-8-D states that the Planning Commission shall recommend an interim 33 use permit and the Council shall issue such interim use permit only if it finds that such use 34 at the proposed location: 35 36 1. Will not create an excess burden on parks, streets, and other public facilities 37 — The proposed use will not create an excess burden on parks, streets, or other 38 public facilities. 39 2. Will not be injurious to the surrounding neighborhood or otherwise harm 40 the public health, safety, and general welfare — The proposed use provides for 41 additional landscaping and screening and is at a level of site improvement 42 commensurate with other industrial properties in the area. The expansion of the 43 gravel parking area and the use of no curbing is not anticipated to be injurious to 44 the surrounding neighborhood or to otherwise harm the public health, safety, and 45 general welfare. Regular Andover Planning and Zoning Commission Meeting Minutes —August 27, 2024 Page 3 1 3. Will not have a negative effect on values of property and scenic views — City 2 Staff do not anticipate the proposed use will have a negative effect on the values 3 of property or scenic views. 4 4. Will not impose additional unreasonable costs on the public — City Staff do 5 not anticipate the proposed use will impose additional unreasonable costs on the 6 public. The applicant has indicated that if any gravel is trailed out of the parking 7 area into the street that it would promptly be cleaned. City Staff also has a history 8 of working with property owners in the Hughs/Westview industrial park regarding 9 street sweeping due to the number of gravel parking lots in the area. 10 5. Will be subjected to, by agreement with the owner, any conditions that the 11 City Council has deemed appropriate for permission of the use, including a 12 condition that the owner may be required to provide an appropriate 13 financial surety to cover the cost of removing the interim use and any interim 14 structures upon the expiration of the interim use permit — A draft resolution 15 of approval with conditions is attached for Commission review. City Staff do not 16 recommend any financial surety for the proposed use. 17 18 Provided for Commission consideration are a draft resolution of approval, draft resolution 19 of denial, site location map, applicant's narrative, and applicant's site plan. Included in the 20 draft resolution are the following conditions: 21 22 1. Parking lot striping and installation of landscaping and fencing shall be completed 23 to the satisfaction of the City by November 1, 2024. 24 2. Five trees are required on the north side of the site, and eight trees are required on 25 the west side of the site. Locations and species shall be approved by the City's 26 Natural Resources Technician. 27 3. Adequate accessible parking meeting all applicable requirements shall be 28 provided. 29 4. A 6-foot chain link fence with slatting shall be installed facing 162d Ln NW and 30 Round Lake Blvd NW to provide for screening. 31 5. The applicant shall be responsible for the cleaning of material from the public 32 roadways as needed (may require multiple times a day) a minimum of daily. 33 6. The Permit shall only provide for deviations to the City Code relative to the 34 expansion of the gravel parking area and the lack of curbing on the employee 35 parking area. All other requirements of the City Code are required to be fully 36 complied with. 37 7. The permit may continue until City sewer and water are extended into the 38 Hughs/Westview industrial park area. At that time, any future expansion or 39 redevelopment of the subject property shall be required to fully conform to the 40 City Code. 41 42 Chair Godfrey opened the public hearing at 7:06 p.m. 43 44 Mr. Randy Ferguson 14220 Rose Street NW, requested the Commission approve his 45 request. They want to bring the property up to the standards they desire. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Regular Andover Planning and Zoning Commission Meeting Minutes —August 27, 2024 Page 4 Staff did not receive any comments prior to the public hearing. Chair Godfrey closed the public hearing at 7:09 p.m. Commissioner Shuman thanked Mr. Ferguson for putting in the effort to update this property to look good as it is on the corner of the street. Motion by Loehlein, seconded by Shafto, to recommend the City Council approve the Interim Use Permit (IUP) — Interim Performance Standards — 3160 162"d Ln NW — PID# 16-32-24-23-0005 — Randy Ferguson (Applicant). Motion carried on a 6-ayes, 0-nays vote This matter will come before the City Council at their meeting on September 3, 2024. OTHER BUSINESS. Mr. Griffiths stated at the last Planning Commission Meeting the Commission provided comments on the sketch plan for the property off Ward Lake Drive. The Park Commission and City Council also provided comments to the applicant. The applicant is reviewing the feedback. ADJOURNMENT Chair Godfrey adjourned the meeting at 7:15 p.m. Respectfully Submitted, Debbie Wolfe, Recording Secretary Timesaver Off Site Secretarial, Inc. 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.CI.ANDOVER.MN.US TO: Planning and Zoning Commissioners FROM: Joe Janish, Community Development Director SUBJECT: PUBLIC HEARING: Interim Use Permit (IUP) - In Home Beauty Salon —1361 139a' Ave NW — Kami Hirschey (Applicant) DATE: October 8, 2024 INTRODUCTION The applicant is seeking a IUP for an in -home beauty salon. Beauty salons are allowed with an interim use permit in an R-4 Single Family -Urban zoned district as a Home Occupation. What is an Interim Use Permit? The purpose and intent of an Interim Use Permit (IUP) is to allow a use within a zoning district for a limited period of time that reasonably utilizes the property, is presently acceptable, but may not be acceptable in the future. IUP's include such uses as mining, land reclamation, storage of construction highway materials, subordinate classroom structures, certain home occupations and other uses that the City as a condition establishes a sunset clause, a date of expiration. The criteria for considering interim use permits are provided in City Code 12-14-12. DISCUSSION The applicant has been doing hair for 26 years and self-employed hairstylist for 24 years. The applicant is desiring to move their business to their home for multiple reasons and will be the sole stylist. The salon will have one primary chair for the salon, and a wash sink. The applicant has indicated that a 15 minute "gap" will be between clients. The home is a rambler and an 10 by 13 former bedroom will be converted into the salon room. A licensed plumber will obtain a permit to install the hair washing sink in the room. Clients will enter and leave through the front door. There will be no outdoor space used, with the exception of the driveway for clients. Days and Hours of Operation Hours and days of operation will vary; however no clients will be on the premises prior to 8 am or after 8 pm Monday — Saturday with the expectation to be closed on Sundays. Traffic Due to the small number of clients as well as the appointment -based nature of the business, a minimal increase in traffic is expected and would not adversely affect the surrounding roadways. Parking City Code 12-13-8 specifies the number of parking spaces required for various uses. Being that the proposed space to be used for in -home beauty salon is also a single family home, they are considered one entity. Single Family Residential has a requirement of 2 spaces in addition to the required garage. The clients will park in the driveway of the home. Review Criteria 12-15-8 D: Standards: The Planning Commission shall recommend an interim use permit and the Council shall issue such interim use permit only if it finds that such use at the proposed location: 1. Will not create an excess burden on parks, streets, and other public facilities; As part of an in -home beauty salon the City of Andover only allows one stylist and may have no more than three individual customers or one customer group. Parking related to the salon shall be limited to three vehicles and shall be located in the applicant's driveway. The applicant has indicated they will provide 15 minutes between appointments, and expect to only have up to two clients at a time. This is not expected to have a negative impact on existing and anticipated traffic conditions. 2. Will not be injurious to the surrounding neighborhood or otherwise harm the public health, safety, and general welfare; In -home beauty salons are regulated by City Code 12-15-8 D, and 12-9-7; and must comply with Minnesota Statutes, including Sections 154 and 155A. The beauty salon is owner occupied and the property owner will be the only stylist/operator. The applicant will need to obtain a license from the Cosmetology board in order to operate from the home. The client's vehicles will be parked in the driveway of the applicant's property. 3. Will not have a negative effect on values of property and scenic views; With the exception of seeing a slight increase in traffic in the area there are no other impacts to the exterior of the property. The City of Andover has other in -home beauty salons and is not aware of issues with negative effects on property values or scenic views. This use must be accessory to the principal use of the property as the home of homeowner/operator. The principal use of the property would remain as a home and would not impact the proposed use of the property. 4. Will not impose additional unreasonable costs on the public; All costs are the applicant's responsibility. There are not projected costs to the public. 5. Will be subjected to, by agreement with the owner, any conditions that the City Council has deemed appropriate for permission of the use, including a condition that the owner may be required to provide an appropriate financial surety to cover the cost of the removing the interim use and any interim structures upon the expiration of the interim use permit. The City Council will retain the ability to review the IUP for compliance and the IUP can be revoked if the applicant does not adhere to the conditions set and agreed upon by the City Council. 12-9-7:REQUIREMENTS FOR SPECIFIC HOME OCCUPATIONS: A. In Home Beauty Salons and Barbershops: All in home beauty salons and barbershops shall require an Interim Use Permit and are subject to the following: 1. Compliance with Requirements: In home beauty salons and barbershops must meet all applicable requirements established by the Andover City Code, Minnesota State Statute, the State Cosmetology Board and the State Barbers Board including obtaining all licenses and permits that may be required. The applicant has indicated they will have a licensed plumber install the hair wash station. The State Cosmetology Board will inspect and issue a license. The applicant shall be responsible to adhere to conditions as set by the City Council. 2. Drawings Submitted: Drawings detailing the salon/shop shall be submitted at the time of request for the Interim Use Permit. The applicant has submitted drawings indicating one stylist chair and a hair washing station. 3. Number of Stylists/Barbers: The In -Home Beauty Salon or Barbershop shall be limited to one stylist/barber. The In -Home Beauty Salon or Barbershop may have no more than three individual customers or one customer group (i.e. A family or a bridal party) on the premises at any given time. The applicant has indicated that they will be the sole operator at the location. As part of the owners narrative they have agreed to the terms of no more than three individual customers or one customer group. 4. Hours of Operation: The hours of operation shall be approved by the City Council. The applicant is requesting hours of operations to be Monday — Saturday 8am to 8 pm. 5. Parking: All parking related to the home occupation shall be conducted entirely on the property and shall not utilize the public right-of-way. Parking related to the home occupation shall not exceed three vehicles at any given time. Off-street parking shall be as required by City Code 12-14-8. The applicant has indicated that their clients will utilize their driveway and will also provide 15 minutes between clients. 6. Non -Sewer Areas: In non-sewered areas, the septic system shall be in compliance with all applicable requirements established by the Andover City Code and Minnesota State Rules. The applicant's property is connected to City water and City sewer. 7. Termination of Use Upon Sale of Property: Upon Sale of the premises for which an Interim Use Permit was granted such permit shall automatically terminate. The applicants IUP shall terminate upon property transfer or sale of property. This would require future owners to obtain a new IUP in order to continue the action of a In -Home Beauty Salon if desired. ACTION REQUESTED The Planning Commission is asked to hold a public hearing and provide a recommendation to the City Council regarding the conditional use permit request. Attachments Location Map — included in staff report Resolution Application Comments City Code 12-9, Home Occupations City Code 12-9-7, Requirements for Specific Home Occupations City Code 12-15-8, Interim Use Permits Comments submitted at time of packet Community Development Director CC: Kami Hirschey 1361 1391h Ave NW, Andover, MN 55304 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R A RESOLUTION APPROVING AN INTERIM USE PERMIT FOR IN -HOME BEAUTY SALON ON PROPERTY LOCATED AT 1361 139TH AVE NW LOT 10, BLOCK 6, HILLS OF BUNKER LAKE, ANDOVER MN WHEREAS, the applicant has requested approval of an interim use permit for an in home beauty salon on the subject property; and WHEREAS, the Planning and Zoning Commission held a public hearing pursuant to City Code; and WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect upon the health, safety, and general welfare of the City of Andover; and WHEREAS, the Planning and Zoning Commission recommends to the City Council the approval of this request. WHEREAS, the City Council of Andover has reviewed the request and has determined that said request does meet the criteria of City Code because: 12-15-8 D: Standards: The Planning Commission shall recommend an interim use permit and the Council shall issue such interim use permit only if it finds that such use at the proposed location: 1. Will not create an excess burden on parks, streets, and other public facilities; As part of an in -home beauty salon the City of Andover only allows one stylist and may have no more than three individual customers or one customer group. Parking related to the salon shall be limited to three vehicles and shall be located in the applicant's driveway. The applicant has indicated they will provide 15 minutes between appointments, and expect to only have up to two clients at a time. This is not expected to have a negative impact on existing and anticipated trajfic conditions. 2. Will not be injurious to the surrounding neighborhood or otherwise harm the public health, safety, and general welfare; In -home beauty salons are regulated by City Code 12-15-8 D, and 12-9-7; and must comply with Minnesota Statutes, including Sections 154 and 155A. The beauty salon is owner occupied and the property owner will be the only stylist/operator. The applicant will need to obtain a license from the Cosmetology board in order to operate from the home. The client's vehicles will be parked in the driveway of the applicant's property. 3. Will not have a negative effect on values of property and scenic views; With the exception of seeing a slight increase in traffic in the area there are no other impacts to the exterior of the property. The City of Andover has other in -home beauty salons and is not aware of issues with negative effects on property values or scenic views. This use must be accessory to the principal use of the property as the home of homeowner/operator. The principal use of the property would remain as a home and would not impact the proposed use of the property. 4. Will not impose additional unreasonable costs on the public; All costs are the applicant's responsibility. There are not projected costs to the public. 5. Will be subjected to, by agreement with the owner, any conditions that the City Council has deemed appropriate for permission of the use, including a condition that the owner maybe required to provide an appropriate financial surety to cover the cost of the removing the interim use and any interim structures upon the expiration of the interim use permit. The City Council will retain the ability to review the IUPfor compliance and the IUP can be revoked if the applicant does not adhere to the conditions set and agreed upon by the City Council. And; 12-9-7:13 REQUIREMENTS FOR SPECIFIC HOME OCCUPATIONS: In Home Beauty Salons and Barbershops: All in home beauty salons and barbershops shall require an Interim Use Permit and are subject to the following: 8. Compliance with Requirements: In home beauty salons and barbershops must meet all applicable requirements established by the Andover City Code, Minnesota State Statute, the State Cosmetology Board and the State Barbers Board including obtaining all licenses and permits that may be required. The applicant has indicated they will have a licensed plumber install the hair wash station. The State Cosmetology Board will inspect and issue a license. The applicant shall be responsible to adhere to conditions as set by the City Council. 9. Drawings Submitted: Drawings detailing the salon/shop shall be submitted at the time of request for the Interim Use Permit. The applicant has submitted drawings indicating one stylist chair and a hair washing station. 10. Number of Stylists/Barbers: The In -Home Beauty Salon or Barbershop shall be limited to one stylist/barber. The In -Home Beauty Salon or Barbershop may have no more than three individual customers or one customer group (i.e. A family or a bridal party) on the premises at any given time. The applicant has indicated that they will be the sole operator at the location. As part of the owners narrative they have agreed to the terms of no more than three individual customers or one customer group. 11. Hours of Operation: The hours of operation shall be approved by the City Council. The applicant is requesting hours of operations to be Monday — Saturday 8am to 8 pm. 12. Parking: All parking related to the home occupation shall be conducted entirely on the property and shall not utilize the public right-of-way. Parking related to the home occupation shall not exceed three vehicles at any given time. Off-street parking shall be as required by City Code 12-14-8. The applicant has indicated that their clients will utilize their driveway and will also provide 15 minutes between clients. 13. Non -Sewer Areas: In non-sewered areas, the septic system shall be in compliance with all applicable requirements established by the Andover City Code and Minnesota State Rules. The applicant's property is connected to City water and City sewer. 14. Termination of Use Upon Sale of Property: Upon Sale of the premises for which an Interim Use Permit was granted such permit shall automatically terminate. The applicants IUP shall terminate upon property transfer or sale of property. This would require future owners to obtain a new IUP in order to continue the action of a In -Home Beauty Salon if desired. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover has received the recommendation of the Planning and Zoning Commission and hereby approves the interim use permit for an in home beauty salon subject to the following conditions: 1. All aspects of the home occupation shall conform to the requirements of City Code. 2. Homeowner shall be sole stylist. 3. All applicable permits shall be obtained prior to the start of work. 4. Stylist shall allocate 15 minutes between appointments. 5. Parking for clients shall be in the driveway of the residence. 6. Hours of operation shall be Monday - Saturday from 8:00 a.m. — 8:00 p.m. 7. This interim use permit shall expire at time of property transfer or sale of property. Adopted by the City Council of the City of Andover on this day of 2024. .J1V.K*)W.W1ZSI+/A7 ATTEST: Sheri Bukkila, Mayor Michelle Harmer, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R A RESOLUTION DENYING AN INTERIM USE PERMIT FOR IN -HOME BEAUTY SALON ON PROPERTY LOCATED AT 1361 139TH AVE NW LOT 10, BLOCK 6, HILLS OF BUNKER LAKE, ANDOVER MN WHEREAS, the applicant has requested approval of an interim use permit for an in home beauty salon on the subject property; and, WHEREAS, the Planning and Zoning Commission held a public hearing pursuant to City Code; and, WHEREAS, the Planning and Zoning Commission finds the request would have a detrimental effect upon the health, safety, and general welfare of the City of Andover; and, WHEREAS, the Planning and Zoning Commission recommends to the City Council the denial of this request; and, WHEREAS, the City Council of Andover has reviewed the request and has determined that said request does not meet the criteria of City Code; and, NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover has received the recommendation of the Planning and Zoning Commission and hereby denies the interim use permit for an in home beauty salon subject for the following reasons: 1. — 2. — 3. - Adopted by the City Council of the City of Andover on this day of 2024. CITY OF ANDOVER ATTEST: Michelle Hartner, City Clerk Sheri Bukkila, Mayor we h&w a rAvalq- ez� 0/re 1eq '. al-W 31� A dV 34� 11,xe - tl Zell �� 0 A 6v /W "4p /"iov dre /40q.7. Gamey)hlA�t4 e I/fA, � /A ui2e�� cri 0� 9 ���,001Jo17�e . -A. 112PI71 4J�VA071� del 1�e 4jeo��hol he..70 GY Adl",e f) ,�uj hlz/.6a,-v `v,1 / %tee 4alle� 3 ZAP 4dvel? 121Y /M IA,*le , /ear f�d� 4iih 4e- I it 460, CHAPTER 9 HOME OCCUPATIONS 69xi1r[iP►A 12-9-1: Purpose 12-9-2: Application 12-9-3: General Performance Standards 12-9-4: Permitted Home Occupations, Location Restrictions 12-9-5: Home Occupations in Accessory Structures 12-9-6: Prohibited Home Occupations 12-9-7: Requirements for Specific Home Occupations 12-9-8: Nonconforming Home Occupations 12-9-9: Inspections 12-9-10: Illegal Home Occupations; Penalty 12-9-1: PURPOSE: The purpose of this chapter is to prevent competition with business districts and to provide a means, through establishment of specific standards and procedures, by which home occupations can be conducted in residential neighborhoods without jeopardizing the health, safety and general welfare of the surrounding neighborhood. 12-9-2: APPLICATION: Subject to the nonconforming structure and use provisions of this chapter, all home occupations conducted on a property within a residential zoning district shall comply with the provisions of this chapter and all other applicable requirements established by the Andover City Code. 12-9-3: GENERAL PERFORMANCE STANDARDS: General performance standards for all home occupations shall be as follows: A. The home occupation must be clearly incidental and secondary to the residential use of the premises, shall not change the residential character thereof, and shall not result in incompatibility or disturbance to the surrounding residential uses. B. No home occupation shall require external alterations or involve construction of features not customarily found in dwellings except where required to comply with state fire and building codes. C. No in -person retail sales shall be permitted on the premises, except those clearly incidental to the services being provided in the dwelling. D. Only members of the family occupying the dwelling unit and one employee may conduct the home occupation. E. All signs associated with the home occupation must meet the requirements of this Title. No outside storage or display is permitted unless otherwise allowed by this Chapter. G. All vehicles associated with a home occupation must meet all requirements established by the Andover City Code. H. No home occupation shall produce light glare, noise, odor or vibration that will in any way have an objectionable effect upon adjacent properties. I. The home occupation shall meet all applicable state fire and building codes and all other requirements established by the Andover City Code. J. The area within the principal structure used by the home occupation shall not exceed twenty percent (20%) of the dwelling's livable floor area. Basements may be included if they meet all state building code requirements. K. There shall be no increase in sewer, water, gas, electricity, or garbage usage in excess of what is normal in a residential neighborhood such that the neighborhood nor the City are adversely affected. L. All licenses or permits required to conduct the home occupation shall be obtained. M. All home occupations shall be conducted at the sole risk of the dwelling occupants and with the written permission of the property owner. The City shall not be responsible or liable to the dwelling owner, occupants or any third party as a result of the home occupation, and the occupants conducting the home occupation shall indemnify and hold the City harmless from all claims and causes of action associated with the home occupation. 12-9-4: PERMITTED HOME OCCUPATIONS, LOCATION RESTRICTIONS: All home occupations that conform to all of the following provisions may be conducted entirely within the principal structure as a permitted accessory use. Home occupations shall not be conducted in an attached garage or accessory structure unless the property owner has obtained an Interim Use Permit as stated in Section 12-9-5 of this chapter or has obtained a Special Home Occupation Permit as stated in Section 12-9-8 of this chapter. A. Permitted Home Occupations Enumerated: Permitted home occupations include, and are limited to: Artists, authors, composers, photographers, sculptors. 2. Home crafts such as model making, rug weaving, woodworking, and similar activities, provided that no machinery or equipment is used or employed other than that which would customarily be found in the home, including machinery or equipment that would ordinarily be employed in connection with a hobby or a vocation not conducted for gain or profit. 3. Dressmakers, seamstresses and tailors. 4. Work at home activities where employees of a business, located at another location, perform work for the business in their own residence, provided all physical contact between the business and the employee occurs at the place of business and not the residence, other than the initial installation of any equipment or other work facility. The work activities of the employee shall conform with all other requirements of this chapter. 5. Repair services (not including repair of vehicles or machinery). 6. Teaching services limited to three (3) students at any one time. 7. Home offices for accountants, architects, engineers, lawyers, realtors, insurance agents, brokers, clergy, consultants, contractors, land surveyors, musicians, salesman, sales representatives, manufacturer's representatives, travel agents, home builders and home repair contractors. Mail order that does not include retail sales from the site. 9. Telephone answering. 10. Food preparation for sale, when registered with the department of agriculture under the cottage food exemption in M.S.A. § 28A.152 11. Gunsmithing provided the property owner holds a federal firearms license and that in -person retail sales of firearms are not conducted from the premises. 12. Other home occupations that fully comply with all other /� J. requirements of this Chapter. —T C. Offices for physicians, dentists, veterinarians, and chiropractors. D. Auto repair, detailing and painting, including tXrer cleaning of engines, motor vehicles, motorcycles, heavy and similar type vehicles and equipment. E. Dancing schools and studios. F. Dispatching of transfer and moving/ans at the site. G. Palm reading or fortune tel H. Preparation o/mbersraapnpdlocarpenters. unless specifically permitted in this Chapter. I. Radio, televisnce repair shops. J. Shops and str contractors and tradesman, such as electricians, p K. Tattoo L./Any g salons. Mauler operations other than a home office. Nme occupation which does not substantially comply with the rds set forth in this Chapter. 12-9-7: REQUIREMENTS FOR SPECIFIC HOME OCCUPATIONS: A. In Home Beauty Salons and Barbershops: All in home beauty salons and barbershops shall require an Interim Use Permit and are subject to the following: Compliance with Requirements: In home beauty salons and barbershops must meet all applicable requirements established by the Andover City Code, Minnesota State Statute, the State Cosmetology Board and the State Barbers Board including obtaining all licenses and permits that may be required. 2. Drawings Submitted: Drawings detailing the salon/shop shall be submitted at the time of request for the Interim Use Permit. 3. Number of Stylists/Barbers: The In -Home Beauty Salon or Barbershop shall be limited to one stylist/barber. The In -Home Beauty Salon or Barbershop may have no more than three individual customers or one customer group (i.e. a family or a bridal party) on the premises at any given time. 4. Hours of Operation: The hours of operation shall be approved by the City Council. 5. Parking: All parking related to the home occupation shall be conducted entirely on the property and shall not utilize the public right-of-way. Parking related to the home occupation shall not exceed three vehicles at any given time. Off-street parking shall be as required by City Code 12-14-8. 6. Non-Sewered Areas: In non-sewered areas, the septic system shall be in compliance with all applicablerequirements established by the Andover City Code and Minnesota State Rules. 7. Termination of Use Upon Sale ofProperty: Upon sale the premises for which an Interim Use such Permit was granted such permit—/+►/—� shall automatically terminate. B. Farm Wineries: All farm wineries operating a/home upation shall require an Interim use Permit and are subjecing: 1. Farm wineries shall be located on a pres or larger in size, and shall be located in a RR, R-1zoning district. 2. Farm wineries shall follow the min' um building setbacks of its respective zoning district. 3. Whether conducted in a pri [pal or accessory structure, a farm winery shall not be opera d as a retail store. No retail displays are permitted. 4. Farm wineries sha a allowed up to six on -site customers per day. All other sales w' need to be made remotely and mailed or shipped /ineries . 5. s shall be subject to production limits on the amount of ed on -site each year as specified by the City Council. s shall also submit an annual report to the City Clerk at the production limit is being observed. Said report ived by the City by the 1 st day of January each year. Farm wineries shall meet all other requirements established by this Chapter. Development Director a request for Conditional Use Permit form top6ther with a fee as set forth by ordinance. An additional fee as set forty ordinance may be required for each meeting in excess of two , which is necessary because of incomplete information or changes in Te petition. The Community Development Director shall refer the appf ation to the Planning and Zoning Commission. (Amended Ord. 8, 1 1-1970; amd. 2003 Code) 2. A public hearing shall be held in accordance wig(section 12-15-3. (Amended Ord. 314 10-4-2005) 1 3. City Council Action: After a completed ap cation has been submitted, the City Council shall follow the deadline f response as outlined in State Statute 15.99. (Amended Ord. 314, 10 005) 4. Amended Application: An Amende Conditional Use Permit application shall be administered in a manner ilar to that required for anew conditional use permit; and the fe shall be as set forth by ordinance'. Amended conditional use perm' shall it reapplications for permits that have been denied, reque s for changes in conditions, and as otherwise described in this ' e. (Amended Ord. 8, 10-21-1970; amd. 2003 Code) 5. Reapplication After enial: No application for a Conditional Use Permit shall be resubmitted r a period of one year from the date of said order of denial. 6. Hearing Ma a Held: When a Conditional Use Permit may be of general inter t to the community or to more than the adjoining owners, the Planni and Zoning Commission may hold a public hearing, and the Conditio I Use Permit shall be reviewed with notice of said hearing publis d at least ten (10) days prior to the hearing. (Amended Ord. 314, D. Ifie Limit on Implementing Conditional Use: If the City Council etermines that no significant progress has been made in the first twelve (12) months after the approval of the Conditional Use Permit, the permit will be null and void. (Amended Ord. 8, 10-21-1970) 12-15-8: INTERIM USE PERMITS: A. Purpose: Certain land uses might not be consistent with the land uses designated in the Comprehensive Land Use Plan and they might also fail to meet all of the zoning standards established for the district within which they are proposed. Some such land uses may, however, be acceptable or See subsection 1-7-3H of this code. even beneficial if reviewed and provisionally approved for a limited period of time. The purpose of the interim use review process is to allow the approval of interim uses on a case -by -case basis. Approved interim uses shall have a definite end date and may be subject to specific conditions considered reasonable and/or necessary for the protection of the public health, safety and general welfare. B. Application/Fee: The person applying for an Interim Use Permit shall fill out and submit to the Community Development Director a request for Interim Use Permit form together with a fee as set forth by ordinance. The Community Development Director shall have ten (10) working days from receipt of the application to determine completeness. The Community Development Director shall refer completed applications to the Planning and Zoning Commission. C. Procedures: The public hearing, public notice and procedural requirements for interim use permits shall be as provided in 12-14-8. The City Council shall act upon the interim use permit within sixty (60) days from the date of submission of a complete application unless an extension has been provided pursuant to Minnesota Statutes 15.99. Approval of a request shall require a three -fifths (3/5) vote of the entire City Council. (Amended Ord. 361, 5/7/24) D. Standards: The Planning Commission shall recommend an interim use permit and the Council shall issue such interim use permit only if it finds that such use at the proposed location: Will not create an excess burden on parks, streets, and other public facilities; 2. Will not be injurious to the surrounding neighborhood or otherwise harm the public health, safety, and general welfare; 3. Will not have a negative effect on values of property and scenic views; 4. Will not impose additional unreasonable costs on the public; 5. Will be subjected to, by agreement with the owner, any conditions that the City Council has deemed appropriate for permission of the use, including a condition that the owner may be required to provide an appropriate financial surety to cover the cost of removing the interim use and any interim structures upon the expiration of the interim use permit. E. Termination: An interim use permit shall terminate upon the occurrence of any of the following events as determined by the City Council: Five (5) years from the date of approval; or The date or event stated in the permit; or An amendment to the City Code that either no longer allows the interim use or now permits the interim use; or The use has been discontinued for six months or longer. F. Revocation: The City Council may revoke any interim use permit for cause upon determination that the authorized interim use is not in conformance with the conditions of the permit or is in continued violation of the City Code or other applicable regulations. G. Renewals: If an approved interim use is to be continued beyond the date of its expiration or if an expired interim use is to be reinstated, an applicant shall follow the above process for seeking a new interim use approval. H. Reapplication after Denial. No previously denied application for an Interim n Use Permit may considered by City Council fora period of one year /►�— from the date of its denial. (Amended Ord. 436, 4-15-2014) 12-15-9: VARIANCES: A. Variances Authorized: The City Council, as 462.354 subdivision 2, and Minn. Stat. 462 the authority to hear requests for variances zoning ordinance and other sections of t are authorized, including restrictions p cec (Amended Ord. 407, 6-21-11) B. Review Criteria: by Minn. Stat. ision 6, shall have ibm the requirements of the ;ity Code where variances on nonconformities. 1. Variances shall only b ermitted when they are in harmony with the general purposes and i ent of the official control and when the variances are consis/anted omprehensive plan. (Amended Ord. 407, 6-21-11) 2. Varianwhen the applicant for the variance establishee practical difficulties in complying with the official control. "ulties," as used in connection with the granting of a vari ce, means: . The property owner proposes to use the property in a reasonable manner not permitted by an official control; Joe Janish From: Lisa Pust Sent: Monday, September 30, 2024 5:44 PM To: PublicComments Subject: IUP You don't often get email from Learn why this is important EXTERNAL EMAIL ALERT: This message originated from outside the City of Andover email system. Use Caution when clicking hyperlinks, downloading pictures or opening attachments. Dear Mr. Janish, Please know that my husband and I are asking that you NOT grant a permit for an "in home beauty salon" for 1361 139th Avenue NW. This is the end of a cul-de-sac and would create hardships for neighboring homeowners when trying to park their cars. In addition, it would create more traffic. This is a residential neighborhood, not a commercial area. Thank you for your help in maintaining a quiet neighborhood. Jeff and Lisa Pust 139-1 l( >3��e b,`, �- nlr.-1 RnrSo�� mn! 5530t( 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV TO: Planning & Zoning Commissioners FROM: Joe Janish, Community Development Director SUBJECT: Public Hearing: Consider City Code Amendment — City Code 12-14-8: Off Street Parking Requirements — City of Andover (Applicant) DATE: October 8, 2024 DISCUSSION The City of Andover has been seeing an increase in rural parcels seeking building permits with homes being built farther back than the minimum setbacks. Typically this is done due to wetlands, or topography. As part of the review process staff discussion has centered on emergency vehicle access to these homes. In order to meet emergency responder's needs the attached ordinance has been developed, which establishes criteria for minimum driveway width, and requires a turnaround under certain circumstances. All Driveways: • Shall be at least 12 feet wide driving surface. • Obstructions adjacent to and directly over the driveway shall be removed to provide a 14 foot clear width and 15 foot clear height. All Driveways in R-1, R-2, R-3 or RR Zoning Districts: • Up to 150 feet in length shall meet the Standard Requirements for driveways. • Greater than 150 feet in length shall provide: 0 20 foot driveway driving surface. o Obstructions adjacent to and directly over the driveway shall be removed to provide a 22 foot clear width and 15 foot clear height. o Driveway grade of not more than 10% unless approved by Fire Chief. o Provide a minimum turning radius. o Provide driveway access to all dwellings including accessory dwelling units. OR Greater than 150 feet in length shall provide: 0 12 foot driving surface. o Obstructions adjacent to and directly over the driveway shall be removed to provide a 14 foot clear width and 15 foot clear height. o Between 60 feet and 150 feet away from the principal structure a turnaround for emergency vehicles shall be provided and maintained. ■ Turnaround shall meet the requirements for driving surface width and clear width and height required by this Section and provide a 28 foot (28') turning radius. The turnaround shall be at least 50 feet in length, for a total width of 62 feet. See the diagram below for a visual representation of this requirement. Alternative turnaround designs that provide the same level of emergency vehicle access may be approved by the Fire Chief. 28' R TYP.' 1 + 6F 12-T --► 12' ACCEPTABLE ALTERNATIVE Wetland Impacts 0 10 foot driving surface. o Obstructions adjacent to and directly over the driveway shall be removed to provide a 12 foot clear width and 15 foot clear height. o Reduced width only applies to area requiring mitigation of an approved wetland. Places property owner and occupants in charge of keeping areas open and clear of obstructions in order to allow unhindered access for emergency access for emergency vehicles. ACTION REQUESTED The Planning & Zoning Commission is requested to hold a public hearing and make a recommendation on the City Code Amendments to the City Council. 7ee sub itte , Community Development Director Attachments Draft Ordinance City Code 12-14-8: Off -Street Parking Requirements H. Emergency Access and Driveways: All driveways shall be constructed and maintained in accordance with this Section and all other applicable requirements of the City Code and Minnesota State Fire Code. 1. Standard Requirements for all Driveways: Driveways shall be of a design that will provide reasonable access for emergency service vehicles and meet all fire and public safety standards including: a. At a minimum, the driveway shall have at least a twelve foot (12') wide driving surface with a driveway base and surfacing material that meets the Engineering Design Standards on file with the City Engineer. b. Obstructions adjacent to and directly over the driveway, including but not limited to tree branches, shrubs, landscaping materials, etc. shall be removed to provide a fourteen foot (14') clear width and fifteen foot (15') clear height. 2. Requirements for Rural Driveways: In addition to the requirements for all driveways in this Section, driveways of properties located within a R-1, R-2, R-3, or RR zoning district shall have the following requirements: a. Driveways up to 150 feet in length shall meet the Standard Requirements for all Driveways. b. Driveways greater than 150 feet in length shall meet the following: i. A twenty foot (20') wide driving surface with a driveway base and surfacing material that meets the Engineering Design Standards on file with the City Engineer. Obstructions adjacent to and directly over the driveway, including but not limited to tree branches, shrubs, landscaping materials, etc. shall be removed to provide a twenty-two foot (22') clear width and fifteen foot (15') clear height. iii. Grade: Driveways shall not exceed 10 percent in grade unless otherwise approved by the Fire Chief. iv. Turning Radius: The minimum turning radius shall meet the Engineering Design Standards on file with the City Engineer unless otherwise approved by the Fire Chief. v. The driveway shall provide driving access to all dwellings on the property, including any accessory dwelling units. c. Alternative Design for Driveways Greater than 150 feet in Length: As an alternative to the twenty foot (20') wide driving surface requirement, driveways may be constructed that meet the following: i. A twelve foot (12') wide driving surface with a driveway base and surfacing material that meets the Engineering Design Standards on file with the City Engineer. Obstructions adjacent to and directly over the driveway, including but not limited to tree branches, shrubs, landscaping materials, etc. shall be removed to provide a fourteen foot (14') clear width and fifteen foot (15') clear height. iii. Between 60 feet and 150 feet away from the principal structure, a turnaround for emergency vehicles shall be provided and maintained by the property owner. Said turnaround shall meet the requirements for driving surface width and clear width and height required by this Section and provide a 28 foot (28') turning radius. The turnaround shall be at least 50 feet in length, for a total width of 62 feet. See the diagram below for a visual representation of this requirement. Alternative turnaround designs that provide the same level of emergency vehicle access may be approved by the Fire Chief. 28' R TYP. 1 62' 12-T ACCEPTABLE ALTERNATIVE Wetland Impacts: A portion of driveways requiring mitigation of a delineated wetland may deviate from the requirements of this Section subject to the following: a. A minimum of ten foot (10') wide driving surface with a driveway base and surfacing material that meets the Engineering Design Standards on file with the City Engineer shall be provided. b. Obstructions adjacent to and directly over the driveway, including but not limited to tree branches, shrubs, landscaping materials, etc. shall be removed to provide a twelve foot (12') clear width and fifteen foot (15') clear height. c. The reduced driving surface width shall only apply to the area requiring mitigation of an approved wetland. Areas outside of mitigation areas shall meet all requirements of this Section. d. An approved wetland delineation and mitigation plan shall be provided. 4. Responsibility of Property Owner and Occupants: It shall be the responsibility of the property owner and all occupants of the property to maintain driveways, turnarounds, and clear zones required by this Section. All turnarounds, driveways and clear zones shall be left free of obstructions, including vehicles and other exterior storage items, so as to allow for unhindered access for emergency vehicles. 5. Measuring Driveway Distance: For the purposes of this Section, driveway length shall be measured along the shortest distance from the edge of the roadway surface to the dwelling. 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV TO: Planning & Zoning Commissioners FROM: Joe Janish, Community Development Director SUBJECT: Public Hearing: Consider City Code Amendment — City Code 12-7: Fences and Walls — City of Andover (Applicant) DATE: October 8, 2024 DISCUSSION At the August 27, 2024 City Council workshop, the Council discussed a residential fencing proposal for a welded wire panel fence commonly referred to as a "cattle panel'. After discussion, the Council directed City staff to draft a City Code Amendment that would clarify that this type of fencing is allowed and provide conditions for its use. In response, City staff have drafted the attached City Code Amendments for review and discussion. City Council then reviewed the language at their September 24 Workshop meeting. The attached ordinance includes: 1. Addition of Appeals process. 2. Additional materials expressly prohibited. 3. Language to allow for welded wire panel fencing. ACTION REQUESTED The Planning & Zoning Commission is requested to hold a public hearing and make a recommendation on the City Code Amendments to the City Council. jpRctfull bmitted, is Community Development Director Attachments Sample Pictures City Council Workshop Meeting Minutes August 27, 2024 DRAFT City Council Workshop Meeting Minutes September 24, 2024 Draft Ordinance i A A ANDOVER CITYCOUNCIL WORKSHOP MEETING —AUGUST 27,2024 MINUTES The Whop Meeting of the Andover City Counc' as called to order by Mayor Bukkila, August 7, 2024, 6:00 p.m., at the Andover City Ha , 1685 Crosstown Boulevard NW, Andover, 7ncilmembers present: Jamie Barthel, ed Butler, Rick EngelhardZRandyouncilmember absent: NoneAlso present: City inistrator, Jim Dickinson Cc unity Development Director, Joe JaD' ctor of Public Works/City Engineer, D natural Resources Technician, Kameron . one: Nature Preserve Commissioner, Jonath Gwinn Finance Manager, Lee Brezinka Human Resources Manager, Dana akinen Associate Planner, Jake Griffith Others DISCUSS FENCE PROPOSAL 4 Community Development Director Janish reviewed the staff report in regard to a fence application that was received. He shared that staff was not able to make a determination on whether or not proposed materials, including welded wire, are allowed under City Code. Councilmember Nelson asked if they have received permit applications using this kind of material in the rural area. Mr. Janish said he is not aware of any. Mr. Janish explained this property would allow farm animals, and if they had farm animals on the property then they would be able to build this fence as it would be considered agricultural. Mayor Bukkila asked how the proposed style of fencing is different from a chain link fence. Mr. Janish explained chain link is movable and not rigid. Councilmember Nelson asked if the welded wire is galvanized. Mr. Janish said he believes that it is. Councilmember Barthel asked why panels wider than 12 inches are not allowed under City Code. Andover City Council Workshop Meeting Minutes —August 27, 2024 Page 2 Mr. Janish said he is not sure and noted that it goes back to the original Code that was adopted by the Council. Councilmember Nelson asked if this fence would meet the height requirements. Mr. Janish said yes. Councilmember Nelson said he sees no reason to not allow this. Councilmember Butler asked what this issue is with panels that are larger than 12 inches. Mr. Janish explained the welded wire comes in a roll, so technically the panels would be larger than 12 inches. Councilmember Barthel asked if City Code has a requirement on how large the holes can be in fences. Mr. Janish said no. Mayor Bukkila said the one issue she has with this is that the fence could be climbable, and residents could think that this style fencing would satisfy the pool ordinance. Mr. Janish added there are other styles of fence that would satisfy the pool ordinance but would also be climbable. Councilmember Butler said he does not have a problem with the welded wire and does not think it goes against the fence ordinance. Councilmember Barthel stated he wants to be careful with how they would word this amendment as he would not want people to now be able to put up galvanized panels or other not visually appealing materials. He said this welded wire fencing looks better than chain link in his opinion. Councilmember Butler suggested adding language about exposed hardware in the amendment for this kind of fencing. He noted under the current ordinance, he sees that this material would be allowed; however, he believes they should take a look at the ordinance as a whole. Mayor Bukkila explained that over time, she anticipates children will try to climb this fence and it will cause the welded wire to bend and not look as good. Mr. Janish added there are fence maintenance requirements in City Code. Councilmember Nelson asked if they approved this material, what they would have to amend. Director of Public Works/City Engineer Berkowitz said there would likely have to be a Code amendment to allow this as staff has to be able to tell residents what is allowable. Councilmember Barthel noted if they do amend the Code, he would like them to also address how large the holes in the fence can be. Mayor Bukkila stated other than fencing for pools, people are allowed to have different types of Andover City Council Workshop Meeting Minutes —August 27, 2024 Page 3 fencing materials. Councilmember Barthel asked if they have a different Code for pool fencing. Mr. Janish said this is included in the Building Code. Mr. Janish said he is hearing that the Council is interested in allowing this kind of fencing. He noted staff can work on language that will allow this kind of fencing while still restricting others. ^ Councilmember Butler added the attachment of the hardware for these fences is also important. Mr. Berkowitz said they can bring this back to the next Workshop meeting with updated language. TREE PRESER VAT NPOLICYPROPOSAL Natural Resource echnician Kytonen reviewed the staff report /shed g the Nature Preserve Commissioner J athan Gwinn's proposal on tree preservation. He and Mr. Gwinn have been working this proposal since May of 2023. Mr. Gwi eviewed his proposal with the Council. Mr. K nen gave the Council an example of what the n proposal would look like in an actual 7devement, Oakview Acres.Bukkila stated this seems to be somethin at they could do per lot rather than per acre. inn explained the overall requirement mes from how many trees were cut down and need to be replaced. A Mr. Kytonen explained the Code current requires at least two trees in the front yard of any constructed home and Mr. Gwinn is s gesting that they add one additional tree to the front Mayor Bukkila said she is havin rouble visualizing this for the Oakview Acres it is not a traditional develonMA. Mr. Berkowitz stated this,*oposal would on average require a minimum of 6 Mayor Bukkila note once driveways and decks have been placed on prope leave much additiqKal space for trees. Mr. Kytonen plained in some of the newer developments, like Fields at i trees were quired with the plat approval which also satisfies this requi er eve,o em as er lot . there does not Coves, buffer ukkila asked if this was a part of the Fields at Winslow Coy�PUD. Mr. Janish said yes; , the Code requires buffers in R-4 developments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Andover City Council Workshop Meeting Minutes — September 24, 2024 Page 9 DRAFr Ms. Tones noted that instead of shrinking the MUSA boundaries, they could shri/he staging boundaries. Councilmember Butler asked if any area that is outside of the MUSA that is al residential can stay the way it is and develop at two and a half acre lots. Ms. Torres said yes he said they would not take this away and would expand the rural residential community desi ation. Mr. Molares explained that Andover has three different community d7ignations within it. He said the rural residential area can continue to develop the way that it is with the rural reserve, they have done the right things by keeping it low density so they can e it. Mr. Janish shared that Staff will attend the Public Hearingyf the Imagine 2050 Plan tomorrow evening and will then draft a formal response for the Co to consider at their next meeting. He noted that each Councilmember can also submit their n comments and feedback on the plan electronically. Councilmember Butler shared that he hopes thisZthe start to a continued conversation. Councilmember Barthel stated it is hard r the Councilmembers to answer to residents on requirements set by the Met Council whe here is nothing the City can do about it. He noted this is a hard pill for the Council and reside s to swallow that nothing can be done about Met Council requirements. He wanted the Met C ncil to know that the Andover Council is reporting back to 34,000 residents. Mr. Molares noted that he to notes on everything that has been discussed this evening and will be reporting back to the re f the Met Council this feedback. Councilmember Nels asked when the formal response letter from the City is needed. Mr. Berkowitz shared all comments need to be in by October 7. Mr. Molares added that they can receive feedback er October 7 as well. Mr. Janish as d if the matrix that was included in the packet are the items that they want to include in t/nn r the Met Council. The Council was in agreement with this. Couensus was reached to direct Staff to draft a response level on the City's behalf for the ma Plan. 95uncil recessed at 7:21 p.m., reconvened at 7:35 p.m. DISCUSS FENCING CITY CODE AMENDMENTS Associate Planner Griffiths reviewed the Staff report concerning proposed amendments to the fencing ordinance. Councilmember Butler asked if the previously discussed language around exposed hardware only Andover City Council Workshop Meeting Minutes — September 24, 2024 Page 10 IrM FT 1 being allowed on the inside of fences applies with the proposed changes or if they need to be more 2 specific. Mr. Griffiths said this would still apply. He noted that with these types of fences there is 3 not typically a difference between the inside or outside of the fence as it is all contained within the 4 frame, and they would have to be framing both sides. Councilmember Butler asked if they should add language that specifically calls out the exposed hardware so there is no confusion. Mr. Griffiths said yes. Council consensus was reached to direct Staff to bring these proposed changes to the Planning 10 Commission for recommendation. 12 DISCUSS LOCAL AFFORDABLE HOUSING AID 13 14 Mr. Griffiths reviewed the Staff report in regard to local afford e housing aid. 15 16 Mayor Bukkila noted that this was money that came fro e State that they did not ask for but 17 they were told that if they wanted to do this for the resi ts, then the City had to spend a certain 18 amount of money to provide the State funds to the res' ents. 19 20 Mr. Griffiths explained that the State established sales tax for the seven county metro area and 21 designated the revenue for affordable housing cities. He shared that Andover is getting around 22 $100,000 per year for this; however, none is money can be spent on the administrative costs. 23 He said if they did not want to participat n this program, the residents would still be paying into 24 the program via sales tax without getti any benefit from it. 25 26 Mr. Berkowitz added that the add' onal water hook ups also benefit the utilities and they would 27 get a portion of their spending b in connection charges. 28 29 Councilmember Butler th d Staff for thinking about this potential creative use of these funds 30 which benefits the reside s, utilities, and the City. He shared that he is supportive of moving 31 forward with this. 32 33 Finance Manager B zinka noted that the EDA fund will be running out of money after 2025. He 34 said they will ha to come up with a revenue stream to run this program, whether than be an 35 operational le r other revenue sources. 36 37 Council co nsus was reached to direct Staff to move forward with the plan as presented. 38 39 Mayor kkila thanked Mr. Griffiths for all of the amazing work he has done for the City as this 40 is his st meeting with the City. 41 42 SCUSS ANOKA COUNTY HIGHWAY DEPARTMENT PRELIMINARY ROUNDABOUT 43 AYOUT FOR CROSSTOWN BL VD.1161STAVE (24-38) Mr. Berkowitz reviewed the Staff report concerning the preliminary roundabout layout for the CHAPTER 7 FENCES AND WALLS SECTION: 12-7-1: Permitted Use 12-7-2: Locations 12-7-3: Fence Height 12-7-4: Performance Standards 12-7-5: Barbed Wire and Electric Fences 12-7-6: Exemptions From Provisions 12-7-7: Appeals 12-7-1: PERMITTED USE: Fences, walls, hedges and similar barriers (herein referred to as fences) shall be permitted in all yards subject to the provisions of this chapter. A permit is required for the construction of all fences or walls that are located on, in, or near any property line, drainage and utility easement, or wetland in the City of Andover. A permit application shall be submitted for review by the Engineering Department and an application fee shall be paid as outlined in Chapter 1-7-3 of this code prior to the issuance of any permit. (Amend. 12/6/05, Ord. 317) 12-7-2: LOCATION: A. Fences shall be located entirely on the private property of the individual constructing the fence. Fences may be placed up to the property line. It is the responsibility of the property owner to determine the location of property lines. Fences may be located in any private yard or along a side or rear property line, except as follows: 1. No fence shall be placed in the public right-of-way. 2. Fences shall not be placed in underground utility easements. Fences may be placed in other utility easements if they do not interfere with existing utilities. The existence and location of private utility easements and equipment must be determined by contacting Gopher State One Call. (Amended 4/19/11, Ord. 405) 3. Fences shall not be constructed or placed in drainage areas, ponds, or wetlands. Fences shall not be placed in easements that provide vehicle access for the maintenance of drainage, ponding, or wetland areas. (Amended 4/19/11, Ord. 405) 4. For fence placements on 2.5 acres and larger lots, the City may permit non- restrictive fencing in drainage, wetland or ponding areas as long as they do not restrict the flow of water. Access to ponds, wetlands and other such areas may be required by the City for maintenance purposes. (Amended 4/19/11, Ord. 405) Fences in any area shall not enclose, hinder or restrict access to utility boxes, fire hydrants or other above ground utilities. (Amended 4/19/11, Ord. 405; Amended 7/21/20, Ord. 510) 6. Fences on corner lots shall not encroach upon the Sight Triangle as defined in Section 12-2-2 of this code. (Amended 7/21/20, Ord. 510) B. Any fence placed in violation of this section shall be the liability of the property owner who constructed it. The City, or any other agency having authority to work in a right-of-way or easement area, shall not be liable for repair or replacement of such fences in the event they are moved, damaged, or destroyed by virtue of the lawful use of that area. Any damage caused by the illegal placement of a fence shall be the responsibility of the property owner who constructed it. 12-7-3: FENCE HEIGHT: A. In the rear and side yards up to the front fagade of the principal structure, fences up to a height of six (6) feet are allowed. (Amended Ord. 386, 8/5/09) B. Fences located closer to the front property line than the principal structure, shall not exceed four (4) feet in height except as follows: In the RR Single -Family Rural Reserve, R-1 Single -Family Rural Residential and R-2 Single -Family Estate zoning districts, `ornamental fences", as defined in Section 12-2-2 of this title, of up to six (6) feet in height are permitted in all yards, provided the fence does not encroach upon the Sight Triangle as defined in Section 12-2-2 of this code. (Amended Ord. 386, 8/5/09; Amended Ord. 468, 6-6-17; Amended 7/21/20, Ord. 510) 2. On properties located in the I: Industrial zoning district and located outside of the Metropolitan Urban Service Area (MUSA) boundary, the City may approve a fence in the front yard of up to six (6) feet in height through the Commercial Site Plan (CSP) process, provided that: A. The fence is to provide screening for an approved use of the property. B. Landscaping as approved through the Commercial Site Plan shall be utilized to break up the mass of the fence line. (Amended 7/21/20, Ord. 510) C. Fences that are required for screening of ground mounted mechanical equipment, through a required commercial site plan (CSP), may exceed the height otherwise required by City Code, provided that: Location of fencing meets Building Setbacks for a principal structure. 2. Fencing is to screen ground mounted mechanical equipment. Fencing shall be the minimum height needed to screen the equipment and no taller than ten (10) feet. 4. Fencing shall not be taller than the height of the adjacent building wall. All other screening requirements are met. (Amended 3/21/23, Ord. 550) D. Fence post caps may exceed the maximum height of a fence by up to six inches (6"). (Amended Ord. 561, 5/7/24) 12-7-4: PERFORMANCE STANDARDS: A. Construction and Materials: Every fence shall be constructed in a workmanlike manner. For all fences constructed after the adoption of this title, all posts, supports, and framework shall be placed on the inside of the fence, with the finished side facing the abutting property or street. Chain -link fences shall be constructed in such a manner that the barbed end is at the bottom of the fence. Fences in all districts shall be constructed of materials widely accepted in the fencing industry. No fence may have boards, planks, or panels larger than twelve (12) inches in width except as otherwise permitted by this Chapter. The following materials are expressly prohibited from use as fencing materials: • Plywood boards • Canvas • Plastic sheeting • Metal sheeting including corrugated steel • Chicken wire (except for use on permitted chicken coops) • Drywall • Cardboard • Particle board • Pallets • Chopped wood • Netting • Paper • Reflective surfaces • Jersey barriers and similar products • Silt fences, snow fences, orange construction fencing and similar materials Any material that is not manufactured or originally intended to be used as fencing Silt fences, orange construction fencing, and similar materials shall only be allowed on construction sites or where deemed necessary to prevent soil erosion. Snow fences shall only be allowed between November I" and April 151h Wire fencing shall only be allowed as a part of a panel fence. These fences shall be rigid and self-supporting, without the need for external guide wires or stakes. Wires shall be woven to run horizontal and vertical and be welded at their intersections to form a checkerboard like design. The wire shall utilize gaps that do not exceed four inches by four inches (4" x 4") in size so as to prevent external footholds and handholds. Each panel shall be framed with wood or decorative metal finishes and be no more than eight feet (8') in length. Unframed rolls of fencing or unframed fence panels shall be prohibited. The wire fencing material shall be framed on both sides so that the fencing material is centered within the frame. B. Maintenance: All fences shall be maintained in good condition and vertical position. Any missing, broken, incomplete, or deteriorated sections of fencing material or structural elements shall be replaced with the same quality of material and workmanship. All exterior wood surfaces, other than decay resistant woods, shall be protected from the elements and decay by a protective covering or treatment. If twenty-five percent (25%) of the surface is peeling, cracked, chipped, blistered, or weathered beyond effectiveness, the exterior surface shall be refinished. The entire surface shall be uniformly treated and maintained with the same quality of workmanship. (Amend. 12/6/05, Ord. 317) Any fence not in conformance with this subsection shall be declared a nuisance and repaired so as to be in conformance or removed by the property owner. 12-7-5: BARBED WIRE AND ELECTRIC FENCES: A. A security arm for barbed wire to a maximum of eight (8) feet may be permitted by Conditional Use Permit in industrial or business districts, or in any district when used exclusively for enclosing utility and substation sites. (Amended 7/21/20, Ord. 510) B. Barbed wire and electrical fences may be permitted on residential lots of two and one half (2.5) acres or greater and shall be exclusively for the use of containing farm animals, or pleasure/recreational animals, as defined in City Code. (Amended 7/21/20, Ord. 510) 12-7-6: EXEMPTIONS FROM PROVISIONS: Fences that are for the sole purpose of containing farm animals are not subject to the provision of this title. (Ord. 8PPPPPP, 8-20-2002; amd. 2003 Code; amd. Ord. 314, 10-4-2005) 12-7-7: APPEALS: The Andover Review Committee of the City shall be and is hereby appointed the Board of Design Control for fences. The Board shall review all Fence Permit applications referred to it by the City of Andover Engineering Department upon a determination that the design, materials, or plan may violate the provisions of this Chapter or in situations where no such determination could be made by the Engineering Department. The Board may approve, conditionally approve, or disapprove the design, materials, or plan of any fence referred to it as it may deem necessary to carry out the purpose and intent of this Chapter. Any person aggrieved by the decision of the Andover Review Committee may take an appeal from there to the City Council.