HomeMy WebLinkAboutNovember 12, 2024
PLANNING AND ZONING COMMISSION MEETING – NOVEMBER 12, 2024
The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was called to order by
Chairperson Godfrey on November 12, 2024, 7:00 p.m., at the Andover City Hall, 1685 Crosstown
Boulevard NW, Andover, Minnesota.
Commissioners present: Chairperson Karen Godfrey, Commissioners Scott Hudson, Nick
Loehlein, Chuck Naughton, Jon Shafto, Pat Shuman Jr. and Ryan
Winge.
Commissioners absent: None.
Also present: City Planner Peter Hellegers and Associate Planner Aidan Breen
PLEDGE OF ALLEGIANCE
APPROVAL OF MINUTES
October 8, 2024, Regular Meeting
The consensus of the Commission was for approval of the minutes from the October 8, 2024, Planning
Commission Meeting as presented. Motion carried on a 6-ayes, 1-present (Naughton), 0-nays vote.
PUBLIC HEARING: Consider Planned Unit Development (PUD) for Meadows East – Unaddressed
Property 16xxx Ward Lake Drive NW; PID# 11-32-24-41-0003 – SW Wold Construction, Inc.
(Applicant).
City Planner Peter Hellegers stated that the Planning and Zoning Commission is asked to review a
Conditional Use Permit (CUP)/Planned Unit Development (PUD) for Hartmans Meadows (formerly known
as Meadows East. The proposal contains 15 rural residential lots. The request is by SW Wold Construction
Inc.
The applicant previously provided a Sketch Plan which was reviewed by the Andover Park and Recreation
Commission on July 18, 2024, the Planning and Zoning Commission on July 23, 2024, and the City Council
on August 8, 2024. Based on that feedback the applicant is now proposing a development of 15 units over
33.7 acres. The current PUD request was reviewed by the Andover Park and Recreation Commission on
November 7, 2024.
Mr. Hellegers reviewed items from the staff report, noting that the PUD involves some deviations from City
Code including lots ranging from 1.5 to 2.56 acres where 2.5 acres is the minimum and lot widths of 130-
336 feet where the minimum is 300. According to City Code 13-3: Planned Unit Development, the purpose
of a PUD is to encourage more efficient allocation of density and intensity of land use where such
arrangement is desirable and feasible by providing the means of greater creativity and flexibility in
environmental design than provided under strict application of the standards set in code.
City Code 13-3-9 regulates the findings that are required for a PUD to be approved and 13-3-11 identifies
desirable PUD design standards that are sought in any PUD proposal. As part of the PUD Narrative, the
Regular Andover Planning and Zoning Commission Meeting
Minutes – November 12, 2024
Page 2
applicant addresses the design qualities they believe the city seeks when granting a PUD proposal as
identified in City Code 13-3-11. Those findings and the applicants’ narrative with responses to those
findings is included in the staff report packet that is before the Planning Commission.
Mr. Hellegers reviewed items from the staff report packet:
Street Improvements
As part of the PUD request, the applicant is asking for flexibility with street construction standards. The city
standards and PUD proposal are as follows:
City Standard PUD Proposal
Right of Way width 60 feet 50 feet
Rural Street Pavement
Width 31 feet 28 feet
Rural Street Pavement
Width including curb
(no ditches) 31 feet 31 feet
City staff supports the proposal for a 50-foot right of way. This still allows enough space for snow and storm
water storage. There will be additional dedicated drainage and utility easements outside the right of way.
This proposal is consistent with what has been conducted in the Petersen Farms development. This would
provide a 20-foot front yard drainage and utility easement.
Staff supports the proposed 28-foot pavement width and 18-inch ribbon curb on each side of the road. This
allows for parking on both sides.
The applicant is proposing a 31-foot width which includes 18 inches of ribbon curbing on each side. The 18
inches of concrete ribbon curbing on each side of the street will maximize the protection of the edge of
paved surface from the wear and tear of vehicle parking and snow removal. Since storm water will be treated
within the ditch area, the ribbon curb will allow the flow of water into the ditches yet support the edging of
the paved area.
Lot Standards
Lot standards in the R1-Single Family Rural district require 2.5 acre lots with a 300-foot lot width at the
front yard setback. The PUD proposes lot sizes ranging from 1.52 – 2.56 acres and widths ranging from 120-
336 feet.
Each lot will exceed the minimum requirement of 8,600 square feet of buildable area. The standard R-1
requirement allows for 3,600 square feet for a home location and 5,000 square foot locations for septic
systems. Each of the lots will be served by individual septic systems and wells.
City Code Requirements PUD Proposal
Lot size/Gross Density 2.5 acres/0.4 units per acre 1.5 – 2.56 acres/.44 units per acre
Lot Width 300 feet 130 – 336 feet
Lot Depth 150 feet 150 feet
2.5 acres/33.7 acres 13.48 15 proposed
Each lot will exceed the minimum requirement of 8,600 square feet of buildable area. The standard R-1
requirement allows for 3,600 square feet for a home location and 5,000 square foot locations for septic
systems.
Mr. Hellegers reviewed the conformance with Local and Regional Plans and Ordinances. The Site
Characteristics were reviewed in detail including access, block length, zoning and lot size, utilities, tree
preservation plan, and wetlands/floodplains. The sketch plan and proposed PUD were shown.
Regular Andover Planning and Zoning Commission Meeting
Minutes – November 12, 2024
Page 3
Mr. Hellegers reviewed the Interagency Coordination including Coordination with other Agencies and
Lower Rum River Watershed Management Organization. The process includes the Andover Review
Committee, public notice, Park and Trail Dedication, and PUD.
PUD Review – the following City Code standards for PUD Review that the proposed development would
need to address at the Preliminary Plat/PUD review stage include:
Applicable Ordinances.
City Code 13-3-9 regulates the findings that are required for a PUD to be approved:
1. The proposed development is not in conflict with the goals of the Comprehensive Plan for the City.
2. The proposed development is designed in such a manner as to form a desirable and unified
environment within its own boundaries.
3. The proposed development demonstrates how each modified or waived requirement contributes to
achieving the purpose of PUD.
City Code 13-3-11 identifies Desirable PUD Design Qualities that are sought in any PUD proposal as listed
below:
A. Achieves efficiency in the provision of streets and utilities and preserves area to achieve the
elements of design qualities described in this Chapter. – The development is proposed to be a low
impact development with use of ribbon curb and ditching.
B. Provides convenient and safe access for vehicles and pedestrians and all types of activity that are
anticipated to be a part of the proposed development. The location to Ward Lake Drive will be
designed to meet city requirements. The extension of Sycamore Street NW will provide a
secondary access to Deerwood Estates.
C. Provides a buffer between different uses, adjacent properties, roadways, between backyards of
back-to-back lots. The applicant is proposing to add additional tree buffer from the railroad tracks.
The applicant is proposing lots of 2.5 acres on the north, south and east side to blend into the rural
development.
D. Preserves existing stands of trees and/or significant trees. The applicant is proposing to preserve a
50-foot conservation easement along the southern edge of the property to preserve trees.
E. Provide considerable landscaping treatments that complement the overall design and contribute
toward an overall landscaping theme. The applicant is proposing to add additional trees greater than
City Code requirements. The proposed tree variates proposed are acceptable to the City of Andover.
F. Preserves significant usable space on individual lots or through the provision of open space within
the development. The minimum size lot is 1.5 acres. The property does not have wetlands
according to the Nation Wetland Inventory and the Wetland specialist that reviewed the property.
G. Provides an attractive streetscape using undulating topography, landscaping, decorative street
lighting, decorative mailbox groupings, retaining walls, boulders, fencing, area identification signs,
etc. The applicant is proposing several trees in the front yards of the properties. The road will be
designed in a manner to take advantage of the existing topography.
H. The proposed structures within the development demonstrate quality architectural design and the
use of high-quality building materials for unique design and detailing. The HOA will be responsible
for approving design considerations prior to construction of each new home. Minimum house sizes
will be 1,600 for ramblers and 2,000 square feet for two-stories, with a minimum garage size of 720
square feet. Roof pitches will be 7:12 or greater. The exterior will be finished with maintenance
free siding and a minimum of 150 square feet of stone or rock on the front.
Mr. Hellegers reviewed the proposed conceptual PUD standards comparing the City Code Requirements and
the PUD Proposal.
The Planning Commission is asked to hold a public hearing, take public feedback on the proposed CUP for a
PUD and provide a recommendation to the City Council. In addition to the staff report and city codes, other
items included for the Commission review were: a draft resolution of approval, draft resolution of denial,
location map, Comprehensive Plan goals, applicants responses to City questions dated October 2, 2024, City
Regular Andover Planning and Zoning Commission Meeting
Minutes – November 12, 2024
Page 4
Council meeting minutes from Sketch Plan review dated August 7, 2024, Planning and Zoning Commission
meeting minutes from Sketch Plan review dated July 23, 2024, Park and Recreation Commission Meeting
Minutes from Sketch Plan review dated July 18, 2024, the applicant’s PUD Narrative, and PUD plan layout.
Commissioner Shafto asked when Ward Lake Drive will be upgraded. Mr. Hellegers stated it is planned for
2030.
Chair Godfrey opened the public hearing at 7:11 p.m.
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Mr. Dean Marquette, 727 170 Lane NW, just off Ward Lake Drive, would like to stay with the 2½ acre
minimum lot sizes. He does not see a need to add more roofs to the area as there are plenty of new roofs
being added off Prairie Road. He does not want to saturate the density with small lot sizes. There are no
walking or bike paths, and it is dangerous on Ward Lake Drive. There are no parks or playgrounds in that
area. He proposed keeping it at 2½ acre lots with 13 properties maximum.
Ms. Elizabeth Foerg, 16527 Sycamore Street NW, is thankful the lot sizes are getting closer as to what they
should be. They did not receive any notification of this meeting. A street is being put through their block
which will increase the traffic in the neighborhood. She does not think there is any reason to increase the
density in this area. This is the reason she moved there for 2½ acre lots. She does not want the density
increased, more septic and sewer than the property can handle. A 1½ lot is not large enough for a septic
system. She wants to leave their area untouched.
Mr. Jeff Sims, 16526 Sycamore Street NW, asked staff about the zoning and how a proposal for 15 lots is
before us. There should only be 13 lots all 2½ acres per City Code.
Mr. Josh Delich, 17265 Ward Lake Drive, engaged in the building process with the City when building his
home. There are codes and compliances that are applied when new homes are being built. He hopes the
standards are continued to be maintained regarding building. There are family changes with younger kids in
the neighborhood, there are safety concerns. He is concerned with the speed of traffic. He asked the
Commission to adhere to the 2½ acre lots.
Mr. Craig Wensmann, Bogart Peterson, Civil Engineers/Surveyors, Applicant, stated the developer was
receptive to the comments from the last meetings. For a 40-acre parcel that would be 16 units with 2½ acre
lots. The County has the parcel mapped as 33.7 acres. The fee title is not represented properly, the actual
parcel size is 38.2 acres with 15 lots at 2½ acres. Mr. Wensmann stated his is the reason that the 15 lots were
determined.
Ms. Elizabeth Foerg, 16527 Sycamore Street NW stated she is interested in hearing how they came up with
1½ acres vs 2½ acres. It should be 2½ acres per lot.
Mr. Joel Anderson, 16622 Sycamore Street NW, moved into their house in 2002. There was a sign on the
cul-de-sac stating this is a temporary cul-de-sac. They knew at some time they would be adding on. They
moved into that area because the lots were 2 ½ acres. He would like to see all lots at 2 ½ acres.
Mr. Hellegers stated one comment was received via email from Mr. Dan Hefinder, 17011 Ward Lake Drive.
They would like to see 2½ acre lots. He suggested a park with a playground be constructed. Bike and
walking paths are also requested. The wooded area should remain as a buffer. Trees on Ward Lake Blvd
should remain.
Chair Godfrey closed the public hearing at 7:27 p.m.
Mr. Hellegers stated the public hearing notices were sent to properties within 700 feet of the subject parcel.
Signs for the public hearing were installed and the notice was also in the newspaper.
Regular Andover Planning and Zoning Commission Meeting
Minutes – November 12, 2024
Page 5
Commissioner Loehlein asked Mr. Hellegers about Mr. Wensmann’s math which does not agree with the
City’s pertaining to size and number of lots. Mr. Hellegers stated Staff looks at it based on the acreage from
the survey and how that is going to be calculated out. Mr. Wensmann referred to different acreage. Staff
look at the overall acreage presented to calculate the number and size of lots. Commissioner Loehlein asked
if there is a consistent methodology used. Mr. Hellegers stated they consider the overall acreage rather than
the net acreage.
Mr. Wensmann, the applicant, stated he agrees with the comment of being consistent across the City.
Typically looking at it from a survey side when a development comes in on the overall boundary of the
property based on fee title. As part of the process the roadways and easements are dedicated to the City.
They started with the net property to the center of the road. The precedent has been set by the City to use the
gross area to determine the lot count. They could look at this more closely with City Staff. The next step is
the preliminary plat, and those areas could be verified. Adding 15 more taxpayers to the tax base may get
Ward Lake Road done sooner. The cost of the homes will be $750,000.
Chair Godfrey asked about the lot width and the Code says 300 feet measured at the setbacks. Godfrey asked
if the proposed 130 feet is from the street and not the setback. Mr. Wensmann stated that 130 feet width is
measured from the setback line.
Commissioner Winge asked about the right-of-way and City Code has it at 60 feet and the proposal is 50
feet. Mr. Wensmann stated they provide a narrower roadway to reduce the imperviousness. A larger
easement is used to allow the 80-foot corridor for utilities.
Chair Godfrey asked about Ward Lake Road and what type of road that is and who determines when it will
be updated. Mr. Hellegers stated he believes it is a residential road so the City would determine when it will
be updated. The 2030 upgrade is per the City’s plan.
Commissioner Winge asked what the standard lot width has been typically in recent developments. Mr.
Hellegers stated for Peterson Farms there were the same type of issues. There is a similar type of design and
roadway and is a decent comparison.
Commissioner Shuman asked Mr. Wensmann for his perspective on the purpose of the PUD. He read the
purpose of the PUD aloud. Mr. Wensmann stated the intent is to provide a better-quality development by
using lower impact standards. They are able to reduce the length of roads, reduce stormwater runoff, and
more trees are preserved with the PUD flexibilities to meet the Code. Commissioner Shuman asked if the
Code was adhered to would that change the lots. The main driver is road length.
Commissioner Shafto stated he appreciates the developer coming back and taking the Commission’s input.
We are really close. He stated it is difficult to put in a park and justify the maintenance cost for a small
development. The Parks Commission recommended taking cash in lieu of land for park dedication. He is
concerned about the road and noted it is not in good shape. This development only has Ward Lake Drive as
an access. He would like to see 13-14 lots and possibly 15 lots. The road needs to be addressed now.
Commissioner Loehlein stated he appreciates the comments from the public and respects the desire to stay
with a 2.5-acre minimum. He is struggling with the “math” used to calculate the number of lots. If it was
clear cut that would be less desirable. He does not support the proposal.
Commissioner Hudson stated he would like this to be 13 lots, but a revised plan could remove all trees, build
the road wider, and have a cookie cutter design that would not be desirable. Fifteen is much better than the
21 originally proposed. Two houses are affected.
Commissioner Naughton stated there would be 7 lots at 1.5 acres. We should not support the cookie cutter
approach and that would be wrong for the area. A lot of the charm of the area would be lost. Parks and
walking trails should be addressed to the Park Commission. A park would not normally go into a small
Regular Andover Planning and Zoning Commission Meeting
Minutes – November 12, 2024
Page 6
development as many properties would have on-site play structures. He thanked the residents for their
comments.
Chair Godfrey stated this is one step in a very long process.
Motion by Loehlein, seconded by Shuman, to recommend the City Council deny the Conditional Use Permit
/ Planned Unit Development for Meadows East – Unaddressed Property 16xxx Ward Lake Drive NW PID
11-32-24-41-0003 - SW Wold Construction Inc (Applicant) on the basis the applicant has not demonstrated
compliance with City Code with the increased density. Motion carried on a 5-ayes, 2-nays (Godfrey and
Hudson) vote.
Staff are requested to create the resolution with the reasons for denial.
PUBLIC HEARING: Consider Interim Use Permit (IUP) Request – Mining & Land Reclamation – 83
Old Constance Blvd NW; PID# 13-32-24-11-0004 – Chris Hogie & Katelyn Kiekbusch (Applicants).
Associate Planner Aidan Breen reviewed the request, noting that the applicants are looking to construct a
driveway to their property for an accessory structure and future home at 83 Old Constance Blvd NW. This
process falls under the land reclamation application, which is an IUP.
Since the applicant is proposing land reclamation utilizing in excess of 400 cubic yards, an IUP is required
pursuant to City Code 12-13-1 and 12-15-8. Staff is proposing a completion date of November 19, 2025 (5
years is the longest amount of time an IUP can be granted under City Code 12-14-12-E). If at that time, the
applicant has not completed the work identified with the driveway-grading plan the applicant will need to
obtain the IUP again.
The applicant is required to provide a hard-surfaced driveway apron in the right-of-way. The current
proposed plan calls for a 25-foot asphalt section while the applicant has indicated they plan to pave as far as
their budget will allow.
Flood Plain Impacts – as part of this driveway project, the applicant is proposing to fill 205 cubic yards of
the flood plain. In order to fill the flood plain the applicant is required to “create floodplain” at a 1 to 1 ratio.
The applicant is proposing to construct a pond as shown on the driveway-grading plan located in the
northeastern portion of the property. This proposed pond is the flood plain mitigation required and meets or
exceeds the 1 to 1 ratio for replacement and will provide 213 cubic yards of flood storage.
Wetland Impacts – The proposed wetland impacts are 4,272 square feet. Coon Creek Watershed has
indicated that this falls under the de minimis amount of 0.l acres. The applicant currently has conditional
approval for a CCWD permit but has not yet received a permit.
Type of Fill Permitted – The applicant is expecting to have fill material suitable for the driveway delivered
to the property during business hours of 7:00 a.m. to 5:00 p.m.
Haul Route – No haul route is required, as material will be delivered to, and within the site. The property
will have one entrance for delivery of materials.
Erosion Control – Silt fencing will be required around the area until vegetation has occurred to control any
erosion. The applicant will be required to ensure proper vegetation across disturbed areas within 7 days of
inactivity.
Coordination with other Agencies – The applicant is responsible for obtaining all appropriate and necessary
permits. The applicant has been working with the City Engineering Department and Coon Creek Watershed
District.
Regular Andover Planning and Zoning Commission Meeting
Minutes – November 12, 2024
Page 7
Interim Use Permit Standards – The Planning and Zoning 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. The proposed project
will not create an excess burden on parks or other public facilities. While material will be delivered to the
site the road is expected to handle the traffic. Will not be injurious to the surrounding neighborhood or
otherwise harm the public health, safety, and general welfare. The applicant shall establish vegetation and
ensure proper erosion control to the satisfaction of the City Engineer. The applicant is required to observe all
noise and similar type of regulations during operation. Will not have a negative effect on the values of
property and scenic views. The driveway will be permanent and will facilitate future development of the site
for a single-family home and accessory structure. Will not impose additional unreasonable costs on the
public. The applicant is required to obtain all necessary permits. Any material that falls outside of the
property line or right-of-way is the responsibility of the applicant to remove.
The Draft Resolution of Approval, Draft Resolution of Denial, Site Location Map, Review #2 Staff
Comments and Proposed Grading Plan were provided for Commission review.
The Planning and Zoning Commission is asked to hold a public hearing and make a recommendation to the
City Council regarding the interim use permit request. This item will come before the City Council on
November 19, 2024.
Commissioner Hudson asked about driveway width and length discussed last month and is that applicable to
this situation. The driveway length is over 300 feet. The driveway width and length fall under the current
recommendations. Mr. Hellegers stated the City Council decided not to continue with that proposed Code
language, but the guidance is 12 feet wide for driveways.
Chair Godfrey asked what the approximate duration of this construction will be. Mr. Breen stated he does
not know but it needs to be completed by November 19, 2025. She asked what consideration has been given
for parking for construction vehicles during construction.
Chair Godfrey opened the public hearing at 8:01 p.m.
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Mr. Chris Hogie, applicant, 19296 109 Avenue SE, Big Lake, the construction vehicles will be parked on
the first portion of the driveway when it is completed (200 feet). The driveway length will be approximately
600 feet from the road to the house. There will be some construction equipment that might be parked on the
road on the shoulder for the first portion of the driveway construction. It should not create a burden on Old
Constance Blvd. They will follow the silt fencing, vegetation, and erosion control which is included in their
plans. Coon Creek Watershed has given their approval. They started the process in March and closed on the
property in August.
Chair Godfrey asked what the estimated time of construction is and Mr. Hogie stated they would like to get
the middle portion over the wetlands completed by the end of 2024 before it gets too cold or wet. The
driveway will be constructed by Spring 2025. The accessory structure will be constructed prior to the home
construction and will be used for storage. They plan to have everything done by November 2025.
Mr. Breen stated one public comment was received via email from James and Deborah Berry at 43 Old
Constance Blvd NW stated they have no issues with the plan for the driveway or the accessory structure.
Ms. Sandie Rundle, 198 Old Constance Blvd. NW, stated she had just heard about this. She asked what kind
of company will be brought into the property. She heard it was for a construction company. She has lived in
her home for 40+ years. Chair Godfrey stated this request is for the construction of the driveway.
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Mr. Chris Hogie applicant, 19296 109 Avenue SE, Big Lake, stated this will be their residential home with
no business involved.
Regular Andover Planning and Zoning Commission Meeting
Minutes – November 12, 2024
Page 8
Chair Godfrey closed the public hearing at 8:14 p.m.
Motion by Hudson, seconded by Loehlein, to recommend the City Council approve an interim use permit for
mining and land reclamation 83 Old Constance Blvd NW at PID 13-32-24-11-0004 – Chris Hogie &
Katelyn Kiekbusch (Applicants). Motion carried on a 7-ayes, 0-nays vote.
This will go before the City Council at their November 19 meeting.
PUBLIC HEARING: Consider Interim Use Permit (IUP Request – Construction of an Accessory
Structure Prior to Principal Structure – 83 Old Constance Blvd NW; PID# 13-32-24-11-0004 – Chris
Hogie & Katelyn Kiekbusch (Applicants).
Mr. Breen reviewed the request, noting the applicants are looking to construct an accessory structure prior to
their principal structure at 83 Old Constance Blvd NW. The property is zoned R-1 – Single Family Rural
Residential. This process falls under an IUP.
The applicant desires to construct a 50-foot by 80-foot steel building with a sidewall height of 16 feet. This
is covered under Title 12 Chapter 6 regulations concerning Accessory Structures and Temporary Structures.
The applicant’s site layout shows the accessory structure and proposed home location. This would place the
accessory structure behind the proposed home (constructed later). The accessory structure would meet the
setbacks as proposed.
Setback Required Proposed
Front Yard 60 feet Approximately 820
Side Yard 5 feet 10 feet
Rear 5 feet 280+ feet
City Code would allow for an existing accessory structure to remain without a principal structure for 12
months with an IUP. The applicant has acknowledged a 12-month time period to construct their home. If at
that time, the applicant has not constructed their home, the accessory structure would need to be removed
from the property or seek another IUP.
The applicant is aware the new home will need to be as tall as or taller than the accessory structure.
The applicant has been made aware that City Code 12-9: Home Occupations, restricts the use of the
accessory structure for residential purposes only. No commercial or business-related activity is permitted
within the structure.
The Planning and Zoning 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; will not be injurious to the surrounding neighborhood or
otherwise harm the public health, safety, and general welfare; will not have a negative effect on the values of
property and scenic views; and will not impose additional unreasonable costs on the public.
Also provided for Commission review were Draft Resolution of Approval, Draft Resolution of Denial, Site
Location Map, Proposed Grading Plan and Proposed Building.
The Planning and Zoning Commission is asked to hold a public hearing and make a recommendation to the
City Council regarding the interim use permit request.
Chair Godfrey opened the public hearing at 8:19 p.m.
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Mr. Chris Hogie applicant, 19296 109 Avenue SE, Big Lake, stated this accessory building will be done
prior to the main structure. They currently have two homes, and they are trying to consolidate into one
Regular Andover Planning and Zoning Commission Meeting
Minutes – November 12, 2024
Page 9
home. They need a place to put all their belongings after their house sells rather than renting a commercial
storage facility.
Commissioner Loehlein asked if his intent was to have any commercial business and Mr. Hogie stated it is
only for residential use.
Commissioner Hudson stated Mr. Hogie has 1 year from the date of approval to complete construction and
Mr. Hogie stated he understands he has until November 19, 2025, for completion of all. Mr. Hogie stated he
had hoped to have this already done. They have gone through many hoops to get to this point.
Mr. Breen stated one public comment was received via email from James and Deborah Berry at 43 Old
Constance Blvd NW stating they have no issues with the plan of the accessory structure.
Chair Godfrey closed the public hearing at 8:26 p.m.
Motion by Shafto, seconded by Naughton, to recommend the City Council approve the interim use permit
for construction of an accessory structure prior to the principal structure at PID 13-32-24-11-0004 – Chris
Hogie & Katelyn Kiekbusch (Applicants). Motion carried on a 7-ayes, 0-nays vote.
This will come before the City Council at their November 19, 2024, meeting.
PUBLIC HEARING: Consider an amendment to the Planned Unit Development (PUD) – Incorporate
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new Uses – unaddressed property located at Bunker Lake Blvd NW and 7 Avenue NW; PID# 30-32-24-
43-0072 – Colliers Engineering and Design. (Applicants)
Mr. Hellegers reviewed the request, noting the Planning and Zoning Commission is asked to review a
Conditional Use Permit (CUP) for an Amendment to a Planned Unit Development (PUD) to amend the
commercial uses for the property at Andover Crossings.
On December 28, 2021, the Planning and Zoning Commission recommended the Planned Unit Development
be approved by the City Council, and on January 4, 2022, the City Council approved the PUD for this
project. A plat was approved for the development known as Andover Crossings, and Commercial Site Plans
were approved for the apartment building and senior building on the east side of Inca Street NW and for the
Taco Bell located just north of the site. While the subject property was included as part of the PUD, it was
left as “Outlot A” on the Plan and thus requires the outlot to be platted prior to development. Currently, the
staff is reviewing the Commercial Site Plan, the request for the Preliminary Plat and a CUP for an
automobile service station are on the agenda.
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The subject property is located in the northeast quadrant of 7 Avenue NW and Bunker Lake Blvd NW. Mr.
Hellegers indicated the location on a map. The property is currently guided for Neighborhood Commercial
and zoned NB: Neighborhood Business.
The proposed amendment to the PUD layout provides the following:
Elimination of .92-acre restaurant with drive-thru use.
Replaces the .92-acre restaurant/drive-thru use with 2.0-acre automobile service station use (use
requires separate CUP).
Elimination of 2.75-acre (22,500 sf) retail use.
Replaces the 2.75-acre retail use with 1.71-acre retail use.
Elimination of 1.19-acre (8,400) retail use.
Replaces the 1.19-acre retail use with 1.15-acre retail use with drive-thru (separate CUP required).
The three commercial uses in this proposal would also utilize a shared access easement to allow
flow between the commercial properties and access points.
Regular Andover Planning and Zoning Commission Meeting
Minutes – November 12, 2024
Page 10
Mr. Hellegers reviewed Trees/Landscape, Utilities, and Signage. The PUD criteria was also reviewed. The
City Code 13-3-9 states the following required findings for the Council to consider when approving a PUD.
1. The proposed development is not in conflict with the goals of the Comprehensive Plan for the City.
2. The proposed development is designed in such a manner as to form a desirable and unified
environment within its own boundaries.
3. The proposed development demonstrates how each modified or waived requirement contributes to
achieving the purpose of PUD.
4. The PUD is of composition and arrangement that its construction, marketing, and operation are
feasible as a complete unit without dependence upon any subsequent unit.
The City Council will need to determine if the developer’s proposal satisfactorily meets these required
findings.
The proposed PUD Standards were reviewed including Zoning and Lot Standards, Parking, Shared Access
& Private Streets, Other Standards, and Owner’s Association.
Also provided for Commission review were Draft Resolution of Approval, Draft Resolution of Denial, City
Code 13-3 Planned Unit Development, Location Map, Applicant’s Narrative and Overall PUD Site Plan.
The Planning Commission is requested to hold a public hearing and make a recommendation to the City
Council for their consideration on November 19, 2024.
Chair Godfrey asked if this is still falling under the neighborhood business district and all of the
requirements and Mr. Hellegers confirmed it is.
Commissioner Loehlein asked if this master plan was approved but this is just a change in design and Mr.
Hellegers confirmed that is correct. The standards have not changed. Users are not yet identified for the
other businesses other than the automobile service center.
Commissioner Hudson asked when the retail businesses are identified for the other lots will this come back
before the Planning Commission. Mr. Hellegers stated potentially, if a Conditional Use Permit is required, it
will come back to the Planning Commission.
Chair Godfrey opened the public hearing at 8:35 p.m.
Mr. Hellegers noted there were some people on Zoom but due to audio problems, they cannot be heard.
Mr. Kasner Sturm, representing Circle K at 6000 Clearwater Drive, Hopkins, MN, stated they are putting in
a Holiday Station Store with gas and a convenience store. He is the development manager for this project.
He has engineering staff available via phone for any questions he cannot answer.
Chair Godfrey closed the public hearing at 8:37 p.m.
Mr. Hellegers noted there were no emails or correspondence on this issue.
Motion by Hudson, seconded by Loehlein, to recommend the City Council approve the Conditional Use
Permit / Planned Unit Development requested Colliers Engineering for Andover Crossings PID 30-32-24-
43-0072. Motion carried on a 7-ayes, 0-nays vote.
PUBLIC HEARING: Consider a Preliminary Plat – Andover Crossings II – unaddressed property located
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at Bunker Lake Blvd NW and 7 Avenue NW; PID #30-32-24-43-0072 – Colliers Engineering and
Design (Applicants).
Regular Andover Planning and Zoning Commission Meeting
Minutes – November 12, 2024
Page 11
Mr. Hellegers reviewed the request, noting the Planning and Zoning Commission is asked to review a
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Preliminary Plat for the undeveloped property at the northeast corner of 7 Avenue NW and Bunker Lake
Boulevard. This property was left as Outlot A in the Andover Crossings plat, so the property needs to be
platted prior to being developed. Mr. Hellegers indicated the access points for the lots. Public street access to
development would be provided from Inca Street NW and from a northbound right-turn shared access drive
that runs between the Taco Bell site and the northern edge of the site.
Mr. Hellegers reviewed Street Access, Sewer and Water Access, Lower Rum River Watershed Management
Organization, Coordination with other Agencies, Tree Preservation/Landscaping, Park and Recreation
Commission Recommendation and proposed lots.
City Lot 1 Lot 2 Lot 3
Requirement
Lot Area .52 acres 2.0 acres 1.7 acres 1.2 acres
Lot Width 150 ft 330 ft 180 ft 170 ft
Lot Depth 150 ft 260 ft 440 ft 295 ft
The Commission is requested to hold a Public Hearing and make a recommendation on the proposed
Preliminary Plat to the City Council for their consideration on November 19, 2024.
Also provided for Commission consideration were a draft resolution of approval, draft resolution of denial,
location map, staff review comments and Preliminary Plat plans.
Chair Godfrey opened the public hearing at 8:43 p.m.
Chair Godfrey closed the public hearing at 8:44 p.m.
Motion by Shuman, seconded by Shafto, to recommend the City Council approve the Preliminary Plat of
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Andover Crossings II – unaddressed property located at Bunker Lake Blvd NW and 7 Avenue NW PID 30-
32-24-43-0072 – Colliers Engineering and Design (Applicants). Motion carried on a 7-ayes, 0-nays vote.
PUBLIC HEARING: Consider a Conditional Use Permit (CUP) – Automobile Service Station / Bulk
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Fuel Storage / Exterior Storage – unaddressed property located at Bunker Lake Blvd NW and 7 Avenue
NW; PID# 30-32-24-43-0072 – Colliers Engineering and Design (Applicants).
Mr. Hellegers reviewed the request, noting that the Planning and Zoning Commission is asked to review a
Conditional Use Permit (CUP) for an Automobile Service Station with bulk fuel storage and exterior
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storage, for the property located in the northeast quadrant of 7 Avenue NW and Bunker Lake Blvd. NW.
The subject property is currently guided for Neighborhood Commercial and zoned Neighborhood Business.
Mr. Hellegers indicated the location on a map.
Parking – Parking for commercial uses varies depending on the use within the structure. Currently the
applicant is providing two parking stalls at each of the eight pumps (2/service stall) plus 1 parking stall per
200 square feet of floor area for the retail/convenience store building. Parking is reviewed in commercial
areas as each use obtains a permit for the building.
City Requirement Proposed Site Required Proposed
Stalls Stalls
Fuel Pumps 2/service stall 8 service stalls 16
Retail Store 1/200 sf floor area 5,200 sf floor area 26
Mr. Hellegers reviewed plan elements from the staff report including parking, building setbacks, building
exterior, trash enclosure, rooftop mechanical equipment, traffic circulation, liquid storage tank, hours of
operation, lighting, exterior storage and sales, landscaping, and signage.
Regular Andover Planning and Zoning Commission Meeting
Minutes – November 12, 2024
Page 12
Also included for Commission review were draft resolution of approval, draft resolution of denial, location
map, City Codes 12-12-2, 12-12-4, 12-14-3, and 12-14-5, applicants’ narrative, Staff Review Comments and
Preliminary Site Plan set / elevations.
Commissioner Hudson referred to the Site Plan and asked if at that third access point there would be a
temporary road to use that access point. Mr. Hellegers showed the third access point on a map and noted
where the pavement will stop. It could either be paved to that access point or fenced off. There would likely
be a plan to pave that to facilitate trash removal.
Chair Godfrey asked if the convenience store would only have propane cylinders for exchange in the cage
outside. Mr. Hellegers stated that is correct propane cylinders would just be in the cage for exchange, there
would not be an exterior tank for propane filling.
Chair Godfrey opened the public hearing at 8:53 p.m.
No comments were received prior to the public hearing.
Chair Godfrey closed the public hearing at 8:54 p.m.
Motion by Loehlein, seconded by Hudson, to recommend the City Council approve the Conditional Use
Permit – Automobile Service Station / Bulk Fuel Storage / Exterior Storage – unaddressed property located
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at Bunker Lake Blvd NW and 7 Avenue NW PID#30-32-24-43-0072 – Colliers Engineering and Design.
Motion carried on a 6-ayes, 1-nay (Winge) vote.
This will come before the City Council on November 19, 2024.
OTHER BUSINESS
Mr. Hellegers stated two items from the Planning Commission meeting on October 8, 2024, went before the
City Council and were approved. The code amendment item on driveway minimums was not approved, that
was directed to be guidance.
Commissioner Winge asked staff if there was an update on the AT&T antenna. Mr. Hellegers stated some
information has been received from AT&T stating they are interested in changing out some antennas at a
different location. AT&T is planning to come back with a new application for the water tower site.
Chair Godfrey congratulated Commissioner Shafto on winning the election for City Councilmember.
ADJOURNMENT
Chair Godfrey adjourned the meeting at 9:00 p.m.
Respectfully Submitted,
Debbie Wolfe, Recording Secretary
TimeSaver Off Site Secretarial, Inc.