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HomeMy WebLinkAboutMarch 19, 2025 PLANNING AND ZONING COMMISSION SPECIAL MEETING – MARCH 19, 2025 The Special Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Loehlein on March 19, 2025, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Chairperson Nick Loehlein, Commissioners Roger Grout, Scott Hudson, Chuck Naughton, Pat Shuman, Jr., Jonathan Weinhold and Ryan Winge. Commissioners absent: None Also present: Community Development Director Joe Janish and Associate City Planner Aidan Breen. PLEDGE OF ALLEGIANCE OATH OF OFFICE Commissioner Roger Grout has been appointed to the Planning Commission by the City Council to fill the remainder of the term of former commissioner Karen Godfrey and will take an Oath of Office. The term for Commissioner Grout will end on January 1, 2027. Chair Loehlein administered the Oath of Office. APPROVAL OF MINUTES February 25, 2025 Workshop The Chair assumed a motion to approve the minutes from the February 25, 2025, Planning Commission Workshop Meeting as presented. Motion carried on a 6-ayes, 1-Present (Grout), 0-nays vote. February 25, 2025 Regular Meeting The Chair assumed a motion to approve the minutes from the February 25, 2025, Planning Commission Regular Meeting as presented. Motion carried on a 6-ayes, 1-Present (Grout), 0-nays vote. Regular Andover Planning and Zoning Commission Special Meeting Minutes – March 19, 2025 Page 2 PUBLIC HEARING: Consider a variance for Accessory Structure Construction nd Requirements – 3149 162 Lane NW; PID 16-32-24-23-0009 – Nick Morter, Minnesota Irrigation/Landscapes Unlimited Outdoors Inc. (Applicant). Associate Planner Aidan Breen reviewed the applicant is requesting variances to build a 1,960 square foot accessory structure with corrugated steel siding, commonly known as a pole barn, for storage of materials, equipment and vehicles. The accessory structure would be built north of the principal structure. Mr. Breen showed drawings of the Site Plan, Landscape Plan, . To build this structure the applicant is requesting a variance from two sections of Andover City Code: 1. Accessory Structure Construction Requirements established by City Code 12-6-4- C: Construction Requirements. According to this section of code, accessory structures located on any lot of less than 2.5 acres must be architecturally compatible with the principal structure, use, and neighborhood. City Code states that architectural compatibility shall be accomplished by integrating some or all of the following features of the principal structure into the accessory structure:  Roof pitch, soffits, gables, dormers.  Placement of windows and doors.  Exterior finish colors and textures.  Decorative exterior finishes, siding, wainscot, and veneers.  Decorative lighting.  Landscaping. A steel structure would incorporate roof pitch, exterior colors, and landscaping from the principal structure. The exterior finishes (steel walls) would vary from the existing structure, which is made of reinforced concrete block. 2. Constructure standards established by City Code 9-7-3-A: Materials of Construction. This section of the code requires that all buildings in a non- residentially zoned district shall be built of masonry construction, its equivalent or better. Upon approval of the Andover Review Committee, wood frame construction may be considered equivalent to masonry. Walls of such buildings facing on streets must be finished with face brick, stone, glass, wood, or their aesthetic equivalent. Any building wall facing a residentially zoned district shall not be finished with exposed plain-faced poured concrete or concrete block. A steel structure would not meet the masonry or equivalent standard set in City Code 9-7-3-A. Mr. Breen reviewed the Review Criteria. The applicant’s responses to the Variance criteria from an email provided on January 31, 2025 were: Regular Andover Planning and Zoning Commission Special Meeting Minutes – March 19, 2025 Page 3 1. The property owner proposes to use the property in a reasonable manner not permitted by an official control. – Not sure if this applies to our situation, the use of the property would not change. I would be happy to discuss any questions with City Council. 2. The plight of the landowner is due to circumstances unique to their property not created by the landowner. – This is what we are addressing in our variance application. We are in a unique situation being along Round Lake Boulevard where the visibility of the property requires additional requirements and cost to build a storage building. 3. The variance, if granted, will not alter the essential character of the locality. – This is subjective, but I would be happy to discuss with the City Council. 4. Economic considerations alone do not constitute practical difficulties. – Understood. Photographs of the principal structure were shown. The Planning and Zoning Commission is requested to hold a public hearing on the variance requests, compare the variance requests to the review criteria of City Code 12-15- 9, and make a recommendation on findings of fact to the City Council. The City Council will review the Variance Request at their meeting on Tuesday, April 1, 2025. Also provided for Planning and Zoning Commission review were Draft Resolution of Approval, Draft Resolution of Denial, Applicant’s Materials, and Photos of Principal nd Structure at 3149 162 Lane NW (dated June 2024). Commissioner Naughton asked if any information was provided by the applicant regarding their unique circumstances facing Round Lake. Mr. Breen stated he did not receive anything in writing. Commissioner Shuman asked about the architectural compatibility and when is a variance needed when some of those requirements are being met. Mr. Breen stated the Andover Review Committee decided a variance request was needed. Commissioner Shuman asked about the masonry construction and if wood frame is acceptable. He asked how equivalent or better is determined. Mr. Janish explained it is the aesthetics component of the structure. Commissioner Naughton asked if the other buildings in the area required a variance and Mr. Janish stated the newer buildings that have been constructed in the industrial park area met the requirements. Chair Loehlein opened the public hearing at 7:17 p.m. Regular Andover Planning and Zoning Commission Special Meeting Minutes – March 19, 2025 Page 4 Mr. Nick Morter, applicant, Nick Morter, 3060 Shadow Ridge Dr., Rockford, MN, stated they have been looking at ways to make their business more presentable to be a good neighbor. They have discussed options with City Staff. A simple storage building would not meet the City Code without variances. This is an attempt to clean up the property. It is a matter of how the building is architecturally compatible with the main building on site. It is not economically viable to build a block storage building. They are proposing to do screening with evergreen trees. Commissioner Naughton asked if the applicant looked at the cost for block or wood structure buildings. Mr. Morter stated they did, and the cost for the proposed building is $250,000, and adding block would add $125,000 to the cost. Commissioner Naughton asked if wood siding was researched and Mr. Morter stated they only looked at block. They would prefer to go with a steel building with landscaping. Currently, the equipment is stored outside. Commissioner Naughton asked if there were any security issues with storing the equipment outside and Mr. Morter said there have not been any issues. Commissioner Winge stated he is familiar with the property which has always appeared well-kept. He asked for the plight of the landowner other than financial. Mr. Morter stated they are zoned general business. Only the businesses that face Round Lake Boulevard are zoned that way. All other businesses that do not face Round Lake Boulevard are zoned Industrial. They are more highly visible. The financial constraints of putting up a block storage building are unrealistic. He asked the Planning Commission to decide that a steel business is acceptable. Commissioner Winge asked if there were any other products researched. Mr. Morter stated they looked at steel core of the building with a faux block on the side, which cost more than actual block. After much research they either need a variance or will not be able to construct the storage building. Commissioner Weinhold asked if the equipment sitting outside is an eyesore or is there another reason why a storage building is needed. Mr. Morter stated it is primarily aesthetic. They are trying to put their equipment away and be good neighbors. th Ms. Mary Kovich, 3688 168 Lane, Andover stated she drives Round Lake Boulevard a lot. There is a very short turn lane when they are turning into their property. She asked if the turn lane should be extended. Mr. Janish stated they will speak with City Engineering and report back to the Commission. Chair Loehlein closed the public hearing at 7:33 p.m. Commissioner Shuman stated in looking at the criteria he meets numbers 1 and 3. Number 2 of the criteria is questionable. He stated the plight of the landowner may be debatable that all features are met. It meets some of the features of the principal structures and may not need a variance. He feels steel is an equivalent building material to block. He would make the argument that a variance is not needed in this circumstance. Mr. Janish stated the final decision is made by the City Council. Regular Andover Planning and Zoning Commission Special Meeting Minutes – March 19, 2025 Page 5 Commissioner Hudson stated if this project was 3 doors down would we be looking at the same thing. Mr. Janish stated they would still be looking at City Code. Mr. Breen stated these sections of City Code would apply across other zoning districts. Commissioner Winge asked if this moves forward, could this structure be modified to be a habitable structure and Mr. Janish stated that building could be re-purposed. Commissioner Winge asked if it could be converted and still have the steel siding. He believes this is economic consideration primarily. Commissioner Naughton stated he agrees with Commissioner Winge. The applicant stated it is truly economic to use steel siding rather than block. He does not find this a unique circumstance. A steel sided building changes the characteristics of the area. Chair Loehlein stated the Commission is required to consider the criteria and this sounds mostly economic. He appreciates the applicant’s desire to clean up the property. Motion by Commissioner Winge, seconded by Grout, to recommend the City Council nd deny the Resolution approving Variances for the Property Located at 3149 162 Lane NW; PID#16-32-24-23-0009 based on comments by Commissioners Winge, Naughton and Loehlein. Motion carried on a 6-ayes, 0-Present, 1-nay (Shuman) vote. PUBLIC HEARING – Consider Interim Use Permit (IUP) Request – Mining & Land Reclamation – 16xxx Tulip St. NW; PID# 08-32-24-34-0001 – Derrick Whiting (Applicant). Mr. Breen reviewed the applicants are looking to grade the unaddressed property at 16xxx Tulip St NW for two building pads in order to split the lot into two parcels. As the applicant proposes to move more than 400 cubic yards of fill, they are required to submit an Interim Use Permit application for land reclamation/mining. The applicant is proposing to split their 40-acre parcel into two 20-acre parcels. As both resultant lots are over 5 acres, a lot split will be reviewed and approved administratively. A lot split application requires the applicant to prove that the new lots each meet buildability criteria for residential homes. To do so, the applicant will grade the property to create two building pads for future construction. Since the land reclamation utilizes more than 400 cubic yards, an IUP is required pursuant to City Code 12-13-1 and 12-15-8. A copy of the grading plan was provided for Commission review. Staff has reviewed the grading plan and have no outstanding comments. The applicant expects that the grading work will take place over the span of a few weeks to a month and has requested a duration of one year for the IUP. Staff are proposing a two- year permit with a completion date of April 1, 2027 to account for any unexpected delays. 5-years is the longest amount of time an IUP can be granted under City Code 12-14-12-E. Regular Andover Planning and Zoning Commission Special Meeting Minutes – March 19, 2025 Page 6 If at that time, the applicant has not completed the work identified with the grading plan the applicant will need to obtain the IUP again. As part of this project, the applicant is proposing to fill 675.32 cubic yards of the flood plain. For every amount of wetland that is filled, the applicant is required to “create floodplain” at a 1 to 1 ratio. The applicant is proposing to construct a pond next to each building pad and to create additional floodplain from excavating the fill material at the northwest portion of the property. These proposed changes will provide more flood plain mitigation than is required, providing 2,039.85 cubic yards of flood storage. The applicant will be required to apply for a Letter of Map Revision from FEMA that approves the new floodplain boundaries. The LOMR will be required before building permits can be issued for the new parcels. The response from FEMA can take some time. The lot split has met all approvals with the exception of the IUP. Mr. Breen reviewed the Wetland Impacts, Type of Fill Permitted, Haul Route, Erosion Control and Coordination with other Agencies. The Interim Use Permit Standards along with staff comments were also provided for the Commission. Mr. Breen reviewed the Review Criteria for the Code. Also provided for the Commission’s review were Draft Resolution of Approval, Draft Resolution of Denial, Site Location Map, Staff Comments for Review #2, dated February 24, 2025, Proposed Haul Routes A & B, and Proposed Grading Plan. This will come before the City Council at their April 1, 2025, meeting. Commissioner Winge asked if the applicant has contacted FEMA and understands the response may take some time. The grading will be completed prior to approval from FEMA. Mr. Janish stated the federal agencies are taking longer to process these applications. Once the dirt has moved the IUP is done. The FEMA letter allows the home to be built. Chair Loehlein opened the public hearing at 8:00 p.m. Mr. Derrick Whiting, applicant 13253 Kissel Street, Blaine, stated they are anxious to move to Andover. There are a lot of parts to this process that they have been working on for many months. They want to have 20 acres in Andover and build a home. th Mr. Kim Kovich, 3688 168 Lane, Andover, on the north side of this development. He is glad to see a couple of homes in there. This property floods often. He asked about septics and is there a special septic that would allow stuff not to flow into the creek. When they do the excavating on the northwest side, the north route goes right along the residences on the north side of the property, which may create a lot of dust. th Ms. Mary Kovich, 3688 168 Lane, Andover, has COPD from a chemical exposure, and dust would cause problems for her. She is a member of the Freshwater Society, and it is not a ditch it is backwaters that feed the river. She asked if the landowner will do some sort of erosion control. Regular Andover Planning and Zoning Commission Special Meeting Minutes – March 19, 2025 Page 7 Mr. Janish stated in looking at this site, there are portions of the property in the floodplain and there are undisturbed areas. At the far north, their septic designer identified that location. The floodplain area was indicated on a map. He explained in detail the standard septic systems. It will follow Minnesota State Standards. Mr. Breen addressed the haul routes, noting Andover has ordinances about air quality. The plan is to start hauling as soon as this is approved before things have a chance to dry out totally. Mr. Breen stated the City has adopted standards on what slopes are allowed for erosion control. The applicant is responsible for providing erosion control. Commissioner Winge asked if the disturbed area is greater than one acre. Mr. Janish stated it would be and this becomes an active construction site. Documented weekly inspections are done. Mr. Whiting, applicant, 13253 Kissel Street, Blaine, stated they have received a permit for the silt fence and everything has been laid out by engineers to protect the site and has been reviewed by the City. They would like to start with the excavation asap. Commissioner Weinhold asked how soon would this be done and Mr. Whiting stated they are hoping 3 weeks. If problems occur they may have to wait until the ground is frozen (December). Chair Loehlein closed the public hearing at 8:15 p.m. Motion by Commissioner Hudson, seconded by Shuman, to recommend the City Council grant the IUP Request – Mining & Land Reclamation – 16xxx Tulip St. NW; PID#16-32- 24-34-0001 – Derrick Whiting (Applicant). Motion carried on a 7-ayes, 0-Present, 0-nays vote. PUBLIC HEARING – Consider a Planned Unit Development (PUD) of a residential subdivision on the unaddressed property at 16xxx Ward Lake Drive NW; PID# 11-32- 24-41-0003 – SW Wold Construction Inc. (Applicant). Community Development Director Joe Janish reviewed the proposal contains 12 rural residential lots. The applicant previously requested a PUD for a development with 15 lots. The Andover City Council denied that proposal. The applicant is now proposing a 12-lot subdivision with each lot being a minimum of 2.5 acres in size or larger. Mr. Janish reviewed City Code 13-3-9 which states the required findings to consider when approving a PUD. Desirable Design Qualities were also reviewed. Staff comments were provided for Commission consideration. The applicant is asking for flexibility with street construction standards. The applicant is requesting to construct a rural residential roadway with 18 inch ribbon curb. The ribbon curb has been used in developments such as Petersen Farms additions and Preserve at Oak Regular Andover Planning and Zoning Commission Special Meeting Minutes – March 19, 2025 Page 8 th View. The PUD request is to exceed block length due to vacation of 167 Avenue NW and 50’ Right of Way for LID including ribbon curb. Mr. Janish reviewed the Lot Standards in the R1-Single Family Rural district requires 2.5- acre lots with a 300-foot lot width at the front yard setback. The PUD proposes lot sizes meeting minimum R1 lot standards as shown they range from 2.50 – 2.81 acres and provide widths exceeding the minimum standard of 300 feet. City Code Requirements PUD Proposal Lot size/Gross Density 2.5 acres/0.4 units per acre 2.50+/.36 units per acre Lot Width 300 feet 300+ feet Lot Depth 150 feet 150+ feet 2.5 acres/35.24 acres 14 12 proposed Each lot will exceed the minimum requirement of 8,600 sf 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 lot will be served by individual septic systems and wells. The applicant would create a 50-foot buffer. There would be two access points (Ward Lake Drive NW & Sycamore Street NW) along with a temporary cul-de-sac. There would be 2 driveways along Ward Lake Drive. Mr. Janish reviewed Conformance with Local and Regional Plans and Ordinances, Access, Block Length, Zoning and Lot Size, Utilities, Tree Preservation Plan, Wetlands/Floodplains, Interagency Coordination, Process, Andover Review Committee, Public Notice, Park and Trail Dedication, and PUD. Mr. Janish reviewed the City Code standards for PUD Review that the proposed development would need to address at the Preliminary Plat/PUD review stage. The Applicable Ordinances and City Code were reviewed. The next steps of the CUP/PUD request would be review by the City Council based on the decision of the Planning and Zoning Commission. If City Council approves the CUP/PUD Plan the applicant is expected to continue with applications for Preliminary Plat and Final Plat. Also provided for Commission review were Draft Resolution of Approval, Draft Resolution of Denial, Location Map, Comprehensive Plan Goals, Applicant’s responses to City Comments dated March 10, 2025, Public Comments Received, PUD Narrative, and PUD Plan. This item is expected to be reviewed by the City Council on April 1, 2025. Commissioner Naughton referred to the City Code Requirements, which noted 2.5-acre plots and this plan has 12 lots within that area. Mr. Janish stated it is possible to have 14 lots in this area, but the roadway alignment would need to change to fit more lots, and there would be more conflict points with Ward Lake Drive. All the lots proposed this evening exceed the 2.5 acres. Regular Andover Planning and Zoning Commission Special Meeting Minutes – March 19, 2025 Page 9 Commissioner Grout referred to the block length and asked if that is along Sycamore. Mr. Janish explained on a map the distance. Commissioner Grout asked if the connection couldn’t be moved to the south. Mr. Janish stated that Engineering accepted the connection as proposed. If the connection was moved to the south, two more lots would be lost bringing it down to 10 lots. Chair Loehlein opened the public hearing at 8:25 p.m. st Mr. Craig Wensmann 13076 1 Street, Becker, representing the applicant as the survey consultant. They have worked to meet the 2.5-acre lots and density required by the Code. Commissioner Winge asked the applicant to explain the width of the road and the ribbon curb. Mr. Wentsman stated they are using the standards and will expand the drain utility easements. It would still be the same width as the standard right-of-way. Commissioner Winge noted there will be room for further development to the north. He asked if that development would have similar block length. Mr. Wentsman stated this is a compromise th that 167 is being vacated to the south. He indicated the road to the north where they are conforming to the 1320. Mr. Keven Bottineau, 17103 Ward Lake Drive, asked who is paying for the road when Ward Lake Drive is reconstructed. He understands this is part of the ten-year plan. Mr. Jeff Sims 16526 Sycamore Street, lives to the SW of this site. He asked how the runoff would run. He asked is there a requirement of 12 more wells and 12 more septic. He asked if there is enough water in the area for those additions. Mr. Janish stated all the roads are evaluated through a Pacer System. The southern portion of Ward Lake Drive is rated a “4”. It is slated to be redone in 2030. He is not an expert on assessments. He can reach out to City Engineer and ask for a response to that question. The applicant would have a septic designer and review the septic requirements to determine the type of system. For the wells if someone puts in a well and affects other wells they are responsible. Mr. Janish stated the ditch will most likely be similar to the one by Mr. Sims home. He will consult with Mr. Sims and take a look at that. Chair Loehlein closed the public hearing at 8:40 p.m. Commissioner Weinhold stated this was also discussed at the past meeting. He is very familiar with Ward Lake Drive which is asphalt, then no asphalt, then asphalt again. As there continues to be more development there will be a conversation questioning if Ward Lake should be paved the entire way. This will come before City Council at their April 1, 2025, Meeting. Regular Andover Planning and Zoning Commission Special Meeting Minutes – March 19, 2025 Page 10 Motion by Commissioner Shuman, seconded by Naughton, to recommend the City Council approve a PUD of a residential subdivision on the unaddressed property at 16xxx Ward Lake Drive NW; PID# 11-32-24-41-0003 – SW Wold Construction Inc. (Applicant). Motion carried on a 7-ayes, 0-Present, 0-nays vote. Commissioner Hudson commended the developer on revising the plan per comments received. PUBLIC HEARING – Consider City Code Amendment – City Code 12-2 adding definition of “Cannabis Retail Business” & City Code 12-11: Commercial/Industrial Permitted, Permitted Accessory, Conditional, Interim and Prohibited Uses – “Cannabis Retail Business” – City of Andover (Applicant). Community Development Director Janish reviewed the 2023 MN State Legislature adopted State Statute 342 legalizing Cannabis in Minnesota as of August 2023 and amended in 2024. The legislation creates the framework for adult-use cannabis in Minnesota and established a new Office of Cannabis Management (OCM), which will regulate cannabis and issue licenses and develop regulations outlining how and when businesses can participate in the industry. Under State Statute 342, local governments play a critical role in the licensing process, serving as a near-final approval for a cannabis business nearing award of a State license from the OCM. Once the Applicant is vetted by the OCM and is selected to proceed in the verification process, the applicant is then required to receive the City’s certification of zoning compliance and approved of local registration before operations may commence. This will come before the City Council at their April 1, 2025, Meeting. In order to allow for sales which State Statute 342 requires, the City will need to define Cannabis Retail Business in City Code 12-2 and identify locations within City Code 12-11 Commercial/Industrial Permitted, Permitted Accessory, Conditional, Interim, and Prohibited Uses. The proposed “use” locations follow our current cannabinoid locations and will be allowed in Neighborhood Business (NB), Shopping Center (SC), General Business (GB), Industrial (I) provided they meet the registration requirements. The registration process establishes a buffer of 500 feet parks and commercial daycares and 1,000 feet from schools. Staff has included the Cannabis Buffer Map for commission review. There would be two locations allowed in Andover, given the population. The cannabis buffer areas were indicated on a map. Commissioner Naughton asked if Council would be defining the word “adult”. Mr. Janish will bring that up to the City Attorney. Commissioner Winge asked if this is similar to what is happening in other communities and Mr. Janish stated this is similar to Anoka. If there were a municipal retail component, that would not count against the two retail outlets. Regular Andover Planning and Zoning Commission Special Meeting Minutes – March 19, 2025 Page 11 Commissioner Hudson asked if Cities are required to have a spot for sale of cannabis within the City. Commissioner Weinhold referred to two locations. Mr. Janish stated potential sellers apply through the OCM, and the City is contacted and goes through the registration process. OCM is notified if that is an appropriate site, and the license is granted if approved. Chair Loehlein opened the public hearing at 8:55 p.m. No one came forward to address the Commission. Mr. Janish stated some questions have been received but no formal submitted comments have been received related to this zoning change. Chair Loehlein closed the public hearing at 8:56 p.m. Motion by Commissioner Hudson, seconded by Grout, to recommend the City Council approve City Code Amendment – City Code 12-2 adding definition of “Cannabis Retail Business” & City Code 12-11: Commercial/Industrial Permitted, Permitted Accessory, Conditional, Interim and Prohibited Uses – “Cannabis Retail Business” – City of Andover (Applicant). Motion carried on a 6-ayes, 0-Present, 1-nay (Naughton) vote. ELECTION OF VICE CHAIRPERSON The Commission is requested to nominate and appoint a Vice Chairperson. At the February 25, 2025, meeting the Commission appointed Commission Loehlein to be the Chairperson and former Commissioner Godfrey to be the Vice Chairperson. Former Commission Godfrey was appointed to fill the vacant seat on the City Council and then vacate the seat on the Planning and Zoning Commission and the Vice Chairperson role. Motion by Commissioner Winge, seconded by Naughton, to nominate Commissioner Scott Hudson as Vice Chairperson for the 2025 Planning and Zoning Commission. Motion carried on a 7-ayes, 0-Present, 0-nays vote. OTHER BUSINESS. Mr. Janish stated at the last meeting, the Planning Commission reviewed a Sketch Plan for Finnes Estates and at their meeting, the City Council stated they would like to see less density. Commissioner Weinhold stated he lives in the Shadowbrook area. He referred to the foundation remaining of a home that had a fire a few years ago. He has received questions from neighbors to see if a new home would be built. Mr. Janish stated he will look into the foundation component and report back. He believes a neighbor owns the property. Regular Andover Planning and Zoning Commission Special Meeting Minutes – March 19, 2025 Page 12 Commissioner Winge asked about the status of the AT&T tower antenna request. Mr. Janish stated AT&T is submitting a new application. ADJOURNMENT Chair Loehlein adjourned the special meeting at 9:15 p.m. Respectfully Submitted, Debbie Wolfe, Recording Secretary TimeSaver Off Site Secretarial, Inc.