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Andover Planning and Zoning Commission
MeetingAgenda
January 27, 2026
Andover City Hall
Council Chambers
7:00 p.m.
1.Call to Order
2.Pledge of Allegiance
3.Approval of Minutes –November 12, 2025, Regular Meeting
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4.Public Hearing:Interim Use Permit forMiningandLand Reclamation –3261 160Lane
NW, Andover, MN 55304. (Applicants: Scott and Heidi Jenkins).
5.Public Hearing:Consider a City Code Amendment to 12-14-17: Residential Building
Standards; to allow for roof pitches of less than 4:12 on single-family dwellings–City of
Andover (Applicant).
6.Public Hearing:Consider City Code Amendment –City Code 4-1-2-F; 12-14-3; and 12-14-
8-D-3 –Increased Penalties for Repeat Infractions of City Code Within One Year –City of
Andover (Applicant).
7.Other Business
8.Adjournment
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2
3
4
5
6
7
8 PLANNING AND ZONING COMMISSION MEETING – NOVEMBER 12, 2025
9
10 The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was
11 called to order by Chairperson Nick Loehlein on November 12, 2025, 7:00 p.m., at the
12 Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota.
13
14 Commissioners present: Nick Loehlein, Scott Hudson, Jonathan Weinhold, and
15 Roger Grout
16
17 Commissioners absent: Chuck Naughton and Ryan Winge
18
19 Also present: Community Development Director Joe Janish
20 City Planner Peter Hellegers
21 Others
22
23 PLEDGE OF ALLEGIANCE
24
25 APPROVAL OF MINUTES
26
27 September 9, 2025, Regular Meeting Minutes
28
29 Motion: Chair Loehlein assumed a motion to approve the September 9, 2025, Andover
30 Planning and Zoning Commission Regular Meeting Minutes as presented. Motion carried
31 by unanimous consent.
32
33 PUBLIC HEARING: Consider a Conditional Use Permit for a drive-thru/drive-up lane
34 for the property at 13879 Round Lake Boulevard, also identified as Lot 1, Block 1,
35 DOWNTOWN CENTER, (PID#: 32-32-24-13-0078), Hakanson Anderson, 3601
36 Thurston Avenue, Anoka, MN 55303 (Applicants).
37
38 The Planning & Zoning Commission is requested to hold a public hearing and make a
39 recommendation to the City Council on a request from Hakanson Anderson for a
40 Conditional Use Permit (CUP) for a drive-thru/drive-up lane for the property at 13879
41 Round Lake Boulevard. Community Development Director Janish noted the purpose of
42 this item is to hold a public hearing and take input on the request.
43
44 Mr. Janish provided information on the property location, zoning, and future land use. He
45 presented details of the request related to parking and building setbacks, access,
46 landscaping, proposed building materials, and stacking. He presented information related
Regular AndoverPlanning and Zoning Commission Meeting
Minutes – November 12, 2025
Page 2
1 to the CUP review criteria and related staff findings. He noted the future actions to consider
2 if the applicant proceeds, noting that,in addition to the CUP, the proposed development
3 would require a Commercial Site Plan, approval from other agencies, and a Building
4 Permit. He asked the Commission to hold a public hearing, noting that it is anticipated to
5 bring forward the recommendation from the Commission to the City Council meeting on
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6 November 18.
7
8 Chairperson Loehlein referenced the proposed removal of the backage road and asked if
9 that is recommended to prevent traffic cut-through or better utilize the property.
10
11 Mr. Janish replied that the previous property owner requested that to be removed and
12 agreed that it would stop the traffic from cutting through.
13
14 Motion: Chair Loehlein assumed a motion to open the Public Hearing at 7:09 p.m. Motion
15 carriedby unanimous consent.
16
17 Tim Eggerichs, Hakanson Anderson, stated that he was present to address any questions.
18
19 There were no questions from the Commission.
20
21 Motion: Chair Loehlein assumed a motion to close the Public Hearing at 7:11 p.m. Motion
22 carriedby unanimous consent.
23
24 Commissioner Hudson noted that the main concern with this type of concern is the impact
25 of lights, which will be addressed by the fencing, trees, and through the Commercial Site
26 Plan process.
27
28 Motion by Hudson, seconded by Weinhold, to recommend to the City Council approval of
29 the Resolution Approving a Conditional Use Permit Request for a Drive-Thru Window,
30 for the Business Located at 13879 Round Lake Boulevard, as presented.
31
32 Further discussion: Chairperson Loehlein commented that staff and the applicant have done
33 a good job addressing the entrance to the property and the potential impact of headlights.
34 He commented that this request meets the goals of the Comprehensive Plan and will be a
35 good utilization of vacant space on the property.
36
37 Motion carried on a 4-ayes, 0-nays, 2-absent (Naughton, Winge) vote.
38
39 PUBLIC HEARING: Consider a Conditional Use Permit for a Planned Unit
40 Development (PUD) Amendment to add new commercial buildings on the unaddressed
41 property at Lot 15, Block 1, ANDOVER STATION II, (PID#: 34-32-24-42-0029)
42 (parking lot north of Andover Cinema), Java Companies, 879 Sheffer Avenue, St. Paul,
43 MN 55102 (Applicants).
44
Regular AndoverPlanning and Zoning Commission Meeting
Minutes – November 12, 2025
Page 3
1 Chairperson Loehlein stated that the next four items on the agenda related to requests for
2 the same property.
3
4 The Planning and Zoning Commission is requested to hold a public hearing and make a
5 recommendation to the City Council on requests for a Planning Unit Development (PUD)
6 Amendment, Preliminary Plat, and two Conditional Use Permit (CUP) requests for the
7 addressed property at Lot 15, Block 1, Andover Station II.
8
9 City Planner Hellegersidentified the zoning and future land use guidance of the property.
10 He explained how a PUD is used as a zoning tool and identified the two areas proposed to
11 be changed within the PUD to support additional development of the site. He asked the
12 Commission to hold the public hearing and provide a recommendation to the City Council,
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13 noting that the City Council will review this recommendation at its November 18 meeting.
14 He noted that the proposed changes to the PUD are consistent with zoning and/or PUD
15 standards.
16
17 Commissioner Weinhold noted the intention to have access more intentionally signed. He
18 recognized that these changes would make it easier for visitors to enter the site and asked
19 if there had been any discussions on how it could be easier for visitors to get out of the site.
20
21 Mr. Hellegers replied that the exits for the site would not be changed. He stated that it may
22 be easier for traffic to get out with the removal of the plaza for the cinema area. He stated
23 that visitors can exit to the south or west.
24
25 Chairperson Loehlein noted that the original PUD was approved almost 20 years ago, and
26 recognizing that the Commission is not asked to review all the terms of the PUD, but to
27 consider the proposed amendments.
28
29 Commissioner Grout asked if a traffic study was completed as part of the application.
30
31 Mr. Hellegers replied that the engineering department reviewed this and only made the
32 recommendation for the dedicated right turn lane. It was not recommended to complete a
33 full traffic study at this time.
34
35 Motion: Chair Loehlein assumed a motion to open the Public Hearing at 7:22 p.m. Motion
36 carriedby unanimous consent.
37
38 There was no public input.
39
40 Motion: Chair Loehlein assumed a motion to close the Public Hearing at 7:23 p.m. Motion
41 carriedby unanimous consent.
42
43 Motion by Weinhold, seconded by Hudson, to recommend to the City Council approval of
44 a Resolution Approving the Conditional Use Permit/Planned Unit Development
45 Amendment Requested by Java Companies, for Andover Station II,as presented.
Regular AndoverPlanning and Zoning Commission Meeting
Minutes – November 12, 2025
Page 4
1
2 Further discussion: Commissioner Weinholdstated that it is nice to see more eating and
3 drinking options being added to the community. He had some concerns about the
4 anticipated traffic flow and hoped that signage could assist in directing traffic.
5
6 Chairperson Loehlein agreed that it is nice to see additional development of an
7 underutilized portion of the property. He believed that the request met the criteria and
8 shared some concerns with the flow of traffic trying to leave the site.
9
10 Motion carried on a 4-ayes, 0-nays, 2-absent (Naughton, Winge) vote.
11
12 PUBLIC HEARING: Consider a 3-lot Preliminary Plat to be known as “Andover
13 Station III” for the unaddressed property at Lot 15, Block 1, ANDOVER STATION II,
14 (PID#: 34-32-24-42-0029), Java Companies, 879 Sheffer Avenue, St. Paul, MN 55102
15 (Applicants).
16
17 The Planning and Zoning Commission is requested to hold a public hearing and make a
18 recommendation to the City Council on a three-lot Preliminary Plat for the unaddressed
19 property at Lot 15, Block 1, Andover Station II.
20
21 City Planner Hellegers stated that the plat of the property included 15 current lots, all of
22 which were lot boxes for the buildings, platted within the common lot of Lot 15. He stated
23 that this request would cut out the area proposed to be developed as lots one and two, while
24 leaving the remainder as one common lot. He stated that this would create a three-lot plat
25 and provided information on the proposed lot sizes. He noted that the proposed lot sizes
26 meet the standards within the overall PUD for the property. He reviewed additional
27 information on the request, noting an area that would be removed from the plat for the
28 dedicated turn lane and providing more information on access points. He stated that a Final
29 Plat would be required, at which time park and trail dedication fees would be required for
30 the additional lots, and the applicant would be responsible for obtaining all necessary
31 permits from other applicable entities.
32
33 Chairperson Loehlein recognized the previous recommendation to amend the PUD and
34 confirmed that this proposed plat would fall within the standards of that amended PUD.
35 He asked for additional information on the change in approach, noting the previous method
36 of development had one common lot versus this proposal to divide the two lots off
37 separately.
38
39 Mr. Hellegers replied that lots one and two would still sit within the common area of the
40 property. He stated that standard design would provide frontage to all the buildings for
41 access, but this property was developed with an entertainment focus on the north and an
42 employment focus on the south, with common access and parking. He recognized that this
43 is a more unique layout for development that opened up more options.
44
Regular AndoverPlanning and Zoning Commission Meeting
Minutes – November 12, 2025
Page 5
1 Motion: Chair Loehlein assumed a motion to open the Public Hearing at 7:35 p.m. Motion
2 carriedby unanimous consent.
3
4 There was no public input.
5
6 Motion: Chair Loehlein assumed a motion to close the Public Hearing at 7:36 p.m. Motion
7 carries by unanimous consent.
8
9 Motion by Grout, seconded by Hudson, to recommend to the City Council approval of a
10 Resolution Approving the Preliminary Plat Requested by Java Companies for “Andover
11 Crossings III” as presented.
12
13 Further discussion: Chairperson Loehlein commented that this is a straightforward request
14 that follows the guidance within the PUD and is a reasonable use of the property.
15
16 Motion carried on a 4-ayes, 0-nays, 2-absent (Naughton, Winge) vote.
17
18 PUBLIC HEARING: Consider a Conditional Use Permit for a drive-thru/drive-up lane
19 for the proposed “Lot 2 of Andover Station III”, for the unaddressed property at Lot 15,
20 Block 1, ANDOVER STATION II, (PID#: 34-32-24-42-0029), Java Companies, 879
21 Sheffer Avenue, St. Paul, MN 55102 (Applicants).
22
23 The Planning and Zoning Commission is requested to hold a public hearing and make a
24 recommendation to the City Council on a Conditional Use Permit (CUP) request for a
25 drive-thru/drive-up lane for the proposed “Lot 2 of Andover Station III”.
26
27 City Planner Hellegers presented a request for a CUP for the westerly of the two proposed
28 lots. He stated that the property is zoned and guided to support this use, noting that the
29 proposed drive-thru would be along the west side of the building, identifying the area
30 proposed to be used for stacking. He stated that staff is still working through the
31 Commercial Site Plan with the applicant, and therefore, some of these items are subject to
32 change. He provided input on the proposed landscaping, noting a potential staff
33 recommendation related to the type of trees proposed and to increase screening from
34 headlights. He provided additional details on the proposed building exteriors and the CUP
35 review criteria and related findings. He noted that the development would also require the
36 Final Plat, Commercial Site Plan, and any necessary permits from applicable agencies.
37
38 Motion: Chair Loehlein assumed a motion to open the Public Hearing at 7:42 p.m. Motion
39 carriedby unanimous consent.
40
41 Mark Krogh, Java Companies, stated that he is present to address any questions.
42
43 Chairperson Loehlein asked for information on the proposed tenant for the space.
44
Regular AndoverPlanning and Zoning Commission Meeting
Minutes – November 12, 2025
Page 6
1 Mr. Krogh replied that there will be two quick-service restaurants, but he cannot disclose
2 that information at this time. He commented that they did complete a traffic study as part
3 of their own review, even though the City did not require it, and can provide that.
4
5 Commissioner Hudson noted the nearby Chase Bank site, which received approvals but
6 then had difficulties creating the required ponding. He asked if the applicant perceives any
7 issues with the development of this site.
8
9 Mr. Krogh replied that he did not anticipate any issues. He stated that they have already
10 completed the review with the watershed.
11
12 Commissioner Hudson asked and received confirmation that the ownership association has
13 approved these requests.
14
15 Chairperson Loehlein thanked Mr. Krogh for bringing these businesses to Andover.
16
17 Motion: Chair Loehlein assumed a motion to close the Public Hearing at 7:45 p.m. Motion
18 carriedby unanimous consent.
19
20 Motion by Weinhold, seconded by Hudson, to recommend to the City Council approval of
21 a Resolution Approving a Conditional Use Permit Request for a Drive-Thru Window, for
22 the Proposed Business Located at “Lot 2, Block 1, Andover Station III” as presented.
23
24 Further discussion: Chairperson Loehlein stated that this is a reasonable request in this
25 series of requests for the property, and it does not appear that the drive-thru will have
26 negative impacts on the property.
27
28 Commissioner Hudson noted that the impact of headlights will also be mitigated through
29 the applicant’s continued work with staff.
30
31 Motion carried on a 4-ayes, 0-nays, 2-absent (Naughton, Winge) vote.
32
33 PUBLIC HEARING: Consider a Conditional Use Permit for a drive-thru/drive-up lane
34 for the proposed “Lot 1 of Andover Station III” for the unaddressed property at Lot 15,
35 Block 1, ANDOVER STATION II, (PID#: 34-32-24-42-0029), Java Companies, 879
36 Sheffer Avenue, St. Paul, MN 55102 (Applicants).
37
38 The Planning and Zoning Commission is requested to hold a public hearing and make a
39 recommendation to the City Council on a Conditional Use Permit (CUP) request for a
40 drive-thru/drive-up lane for the proposed “Lot 1 of Andover Station III”.
41
42 City Planner Hellegers noted that this is a similar request to the previous item, just for the
43 other newly created lot. He noted that this would be a smaller building with a double-lane
44 drive-thru proposed. He stated that this building would not have any internal seating and
45 would be a coffee shop user. He stated that a letter of support was provided by the owners'
Regular AndoverPlanning and Zoning Commission Meeting
Minutes – November 12, 2025
Page 7
1 association. He stated that staff would have similar comments and suggestions related to
2 the proposed landscaping to assist in buffering the impact from headlights. He reviewed
3 information on the proposed building exteriors and the CUP review and findings. He noted
4 that the development would also require a Final Plat, Commercial Site Plan, and approvals
5 from other applicable entities.
6
7 Motion: Chair Loehlein assumed a motion to open the Public Hearing at 7:50 p.m. Motion
8 carriedby unanimous consent.
9
10 There was no public input.
11
12 Motion: Chair Loehlein assumed a motion to close the Public Hearing at 7:50 p.m. Motion
13 carriedby unanimous consent.
14
15 Motion by Hudson, seconded by Weinhold, to recommend to the City Council approval of
16 a Resolution Approving a Conditional Use Permit Request for a Drive-Thru Window, for
17 the Proposed Business at “Lot 1, Block 1, Andover Station III” as presented. Motion
18 carried on a 4-ayes, 0-nays, 2-absent (Naughton, Winge) vote.
19
20 OTHER BUSINESS
21
22 Community Development Director Janish stated that the Metropolitan Council is working
23 to develop its Imagine 2050 Plan, which includes the release ofdraft System Statements
24 for cities. He presented the draft 2025 System Statement for the City of Andover, which
25 provides information on transportation policy, regional parks and trails policy, water
26 policy, housing policy, and land use policy. He noted that the document also provides
27 forecasts for the City and he presented the forecast information and compared it to the
28 forecasts from previous years. He provided more specific information from the system
29 statement on housing policy optionsrelated to affordable housing and new information
30 related to the climate policy, community designations, transportation policy, water policy,
31 and regional parks and trail system.
32
33 Chairperson Loehlein recognized differences in the AMI ranges between the Met Council
34 2040 and 2050 plans and asked if that was the intention.
35
36 Mr. Janish replied that would be a question for the Met Council but noted that the new
37 threshold does align with requirements for some assistance programs.
38
39 Chairperson Loehlein asked for an example of something that might show up in policy
40 related to climate.
41
42 Mr. Janish provided some examples of things that could be considered, such as mass transit,
43 increased tree coverage, and alternative energy sources.
44
Regular AndoverPlanning and Zoning Commission Meeting
Minutes – November 12, 2025
Page 8
1 Chairperson Loehlein asked if there is a staff opinion on the forecasts for population and
2 changes from 2040 to 2050.
3
4 Mr. Janish replied that the forecasts are getting closer, as in the past, the Met Council has
5 tended to over project. He stated that the development in Andover has remained consistent
6 in its development pattern, even when other communities have struggled. He recognized
7 that the forecast for population is a best guess and provides an attempt to plan for that
8 development and the needs that would arise.
9
10 City Planner Hellegers provided the Planning Commission with an update on recent items
11 the Commission considered as well as the City Council actions for those items.
12
13 ADJOURNMENT
14
15 Motion: Chair Loehlein assumed a motionto adjourn the meeting at 8:13 p.m. Motion
16 carries by unanimous consent.
17
18 Respectfully Submitted,
19
20
21
22 Amanda Staple, Recording Secretary
23 TimeSaver Off Site Secretarial, Inc.
STAFF REPORT
Agenda Item # 4
TO: Planning & Zoning Commission
CC: Joe Janish, Community Development Director
FROM : Peter Hellegers, City Planner
SUBJECT: Public Hearing: Interim Use Permit Mining & Land Reclamation
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3261 160 Lane NW; PID(S)# 17-32-24-41-0014. (Applicants: Scott
and Heidi Jenkins)
DATE: January 27, 2026
INTRODUCTION
The applicants are requesting an Interim Use Permit (IUP) for the mining/land
reclamation not to exceed 1,680 cubic feet of dirt for the construction of a berm on their
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property at 3261 160 Lane NW.
BACKGROUND
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During the summer of 2025, the property owners at 3261 160 Lane NW began
stockpiling dirt on the property but did not have an Interim Use Permit for mining and
land reclamation. City staff notified the property owners that an IUP would be required,
and the applicants have been working on the materials they need for a complete
application.
Since the applicants are proposing land reclamation utilizing more than 400 cubic yards,
an IUP is required pursuant to City Code 12-13-1 and 12-15-8. A copy of the draft
grading plan for the proposed stockpiling/berm is attached for your review.
Staff are proposing an expiration date of February 1, 2028 (5 years is the longest amount
of time an IUP can be granted for under City Code 12-14-12-E). If at that time the
applicant is not complete with the proposed berm and has additional need for mining/land
reclamation, they would need to apply for a new IUP or IUP extension and obtain City
Council approval.
Amount / Type of Fill Permitted
The stockpile will be comprised of soils brought in by One Call Contracting in Andover.
This shall be clean fill material. The applicants note that the total fill volume for the berm
would not exceed 1,680 cubic feet. The applicants also stated that approximately 460
cubic yards from what has already been brought in will need to be moved out of the
easement area and another 1,200 cubic yards would be brought in to complete the berm.
1
Haul Route
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The haul route for the stockpiling would run through their driveway on 160Lane NW to
the berm site. The applicant will be required to remove any material that accumulates
during ancillary use of the local roadways.
Erosion Control
Silt fencing will be required around the land reclamation area until vegetation has
occurred to control any erosion. The applicant will be required to ensure proper
vegetation across the stockpile within 7 days of inactivity. All disturbed areas shall be
topsoiled, seeded, fertilized and hydro-mulched to establish permanent vegetation within
14 days of completed grading.
Coordination with other Agencies
The applicant is responsible to obtain all appropriate and necessary permits.
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 excavation and land reclamation will not create an excess burden on parks or
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other public facilities. The haul route will run through 160 Lane and through the
applicants property. There will be no excavation or stockpiling in the drainage
easement area south of the house. There are no other adjacent parks or public
facilities.
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 regulations during operation.
Will not have a negative effect on the values of property and scenic views;
The applicants note that the stockpile will be utilized to create a berm on
northeastern side of the private property and buffer their property from the noise of
the roadway and intersection. It is not anticipated that the proposed berm would have
a negative effect on the values of property or scenic views.
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. If the stockpiling and berm project is not complete by the expiration date of
2
the IUP, the applicant will need to seek a new IUP, seek an extension to the existing
IUP, or remove the stockpile from the property at their cost.
Will be subjected to, by agreement with the owner, any conditions that the City Council
has deemed appropriate for the permission of the use, including a condition that the
owner may be required to provide appropriate financial surety to cover the cost of
removing the interim use and any interim structures upon the expiration of the interim use
period.
ACTION REQUESTED
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.
Attachment(s):
Draft Resolution of Approval
Draft Resolution of Denial
Site Location Map
Staff Review #1 of Grading Plan
Applicant Narrative
Applicant Response to Questions
Proposed Grading Plan (Currently Under Review)
3
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. R___________
A RESOLUTION GRANTING AN INTERIM USE PERMIT FOR MINING AND LAND
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RECLAMATION FOR THE PROPERTY LOCATED AT 3261 160LANE NW (PID#17-32-
24-41-0014), AND LEGALLY DESCRIBED AS:
LOT 2, BLOCK 4, PINE HILLS ADDITION (SUBJ TO EASE FOR ROAD TO
CITY OF ANDOVER 10-26-79)
WHEREAS, the applicant requested an interim use permit for the mining and land reclamation
of up to 1,680 cubic yards of soilto construct a berm on the property; and,
WHEREAS, the Planning and Zoning Commission held a public hearing on January 27, 2026;
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 approval of
the interim use permit.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby
approves the interim use permit to allow for the mining and land reclamation of up to 1,680
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cubic yards of soil, to construct a berm on the property at 3261 160 Lane NW with the
following conditions:
1. Soil shall not be placed within wetland, floodplain, or right-of-way areas without first
obtaining any required approvals and completing any required mitigation.
2. Applicant shall obtain all appropriate permits needed for the project prior to the start
of work; including but not limited to obtaining an approved grading plan from the
City Engineering Department.
3. Applicant shall show tree clearing limits on the grading plan.
4. Applicant shall identify the haul route through 160th Lane NW and cannot use the
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161 Avenue or Round Lake Boulevard right of way.
5. All material shall be utilized in compliance with the City requirements.
6. Silt fencing and any other erosion control measures as deemed necessary by the City
Engineer shall be installed and maintained.
7. The applicant will be required to seed and hydro mulch the stockpile/land reclamation
area and ensure proper vegetation to the satisfaction of the City Engineer within
seven days of inactivity. All disturbed areas shall be topsoiled, seeded, fertilized and
hydro-mulched to establish a permanent vegetation within 14 days of completed
grading.
8. Hours of operation shall be restricted to the normal construction hours as regulated by
City Code 5-6-3.
9. The applicant shall be responsible for the cleaning of material (soil, sand, etc.) from
the public roadways as needed (may require multiple times a day) a minimum of
daily.
10. Any future mining or land reclamation with fill in excess of 400 cubic yards shall
require a new IUP.
11. Applicant shall protect possible septic locations and not disturb them.
12. The applicant shall provide the City with a grading as-built of the disturbed area upon
completion.
13. Permit shall expire on February 1, 2028.
Adopted by the City Council of the City of Andover on this ____day of February 2026.
CITY OF ANDOVER
ATTEST:
Michelle Hartner, City Clerk Jamie Barthel, Mayor
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. R___________
A RESOLUTION DENYING AN INTERIM USE PERMIT FOR MINING AND LAND
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RECLAMATION FOR THE PROPERTY LOCATED AT 3261 160LANE NW (PID# 17-32-
24-41-0014), AND LEGALLY DESCRIBED AS:
LOT 2, BLOCK 4, PINE HILLS ADDITION (SUBJ TO EASE FOR ROAD TO
CITY OF ANDOVER 10-26-79)
WHEREAS, the applicant, requested an interim use permit for the mining and land reclamation
of up to 1,680 cubic yards of soil to construct a berm on the property; and,
WHEREAS, the Planning and Zoning Commission held a public hearing on January 27, 2026;
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 approval of
the interim use permit.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby
disagrees with the Planning and Zoning Commission and denies the interim use permit to allow
for the mining and land reclamation of up to 1,680cubic yards of soil, to construct a berm on the
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property at 3261 160 Lane NW for the following reasons:
1.
2.
3.
Adopted by the City Council of the City of Andover on this____day of February 2026.
CITY OF ANDOVER
ATTEST:
Michelle Hartner, City Clerk Jamie Barthel, Mayor
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Hello Peter and the Planning and Zoning Commission and Andover City Council,
Here are our answers to your questions:
1. My understanding is that the plans you provided show what the final height of the berm is
and not necessarily what is there today. How much of that fill is there today and how
much fill still needs to occur?
The existing berm that will be moved is about 10 feet tall now. This is also the height we
intend for the entire berm structure along 161st as well as along Round Lake Blvd (as the
engineers drawing indicates) , when finished and will be topped by trees. There will also
be trees planted on the 161st side on ground level. There is about 460 yards of dirt in the
existing berm that will be moved out of the easement and about another 1200 yards to be
brought in to complete the berm.
st
2. Fill/berm placed in the right of way (shows up on the 161 Avenue side) will need to be
removed from the right of way.
We are aware the existing berm will need moving out of the easement as we discussed
with Peter at a meeting at the city hall. It will be moved 10 feet from the easement line.
3. The plans show a 2:1 grade for the slope on the sides of the berm but generally 3:1 is
recommended to allow for the berm to be maintained, mowed, etc.
We want it to be 2:1, we do not plan to mow it. It will be seeded or hydro-seeded. It will
be planted with trees on top of the berm and in front of it on the 161st side. The Round
Lake Blvd side is already covered be existing tree.
4. Where is the tree clearing limits? Show how far away from the berm trees would be
removed as part of the berm construction. The location of the berm is in an area that is
shown as wooded and would require tree clearing.
There will be about 6 trees removed on the 161st side in order to move the existing berm
that is in the easement.
5. Where are the soils/fill coming from? Fill material should be clean soil,and disturbed
areas will need to be topsoil and hydro mulched within 14 days of completed grading.
The fill soil will be brought in by One Call Contracting in Andover, kitty corner across
Round Lake Blvd. It will be seeded or hydro-seeded once complete.
th
6. What is the haul route? Identified haul route should go through the driveway on 160
st
Lane and not from 161 Ave NW or Round Lake Blvd. NW right of way.
The route will be in and out on 160th Lane across our property.
7. When do you expect the work for the berm to be done? We would need this to ensure that
the IUP lasts long enough for you to complete the work. Five years is the longest that an
IUP can be approved for but if you expect the work to be completed in the next year, we
could have the IUP have an expiration in late 2027 or early 2028. I believe 2 years is
about typical on something on a developed home site like this.
We plan to complete this project this year once we have approval from the council. So a
one to two year would probably be more than enough.
8. You would be expected to provide the City with a grading as-built upon completion of the
project.
What form do you need this to be in once we have completed this project?
We are very frustrated that we will not be at the meeting in person as we will be in Mexico on a
missions trip. We will try to tune in if wifi is available and get you answers upon our return.
Thank You,
Scott and Heidi Jenkins
STAFF REPORT
Agenda Item # 5
TO: Planning & Zoning Commission
CC: Joe Janish, Community Development Director
FROM : Peter Hellegers, City Planner
SUBJECT: Public Hearing: Consider a City Code Amendment to 12-14-17:
Residential Building Standards; to allow for roof pitches of less than
4:12 on single family dwellings; (Applicant: City of Andover)
DATE: January 27, 2026
INTRODUCTION
Consider a proposed change to City Code Section §12-14-17-C to allow exceptions for
flat or low sloping roofs on properties outside of the Metropolitan Urban Service Area.
BACKGROUND
A resident contacted the city and was looking into a custom architectural design for a
new home that would utilize sections of flat and low-sloped roof. The Zoning
Regulations chapter of City Code currently requires that single-family dwellings have a
sloped roof with a 4:12 pitch (see below).
12-14-17-C:
Single-family dwellings other than approved earth sheltered homes shall
have at least a 4:12 roof pitch and shall be covered with shingles, tiles,
metal roof panels or metal roof shingles. With the exception of the edging,
trim, coping, and/or flashing, all fasteners shall be concealed so as to not
protrude from the roofing material. Corrugated, plain galvanized, or
unpainted roofing materials shall be prohibited. This requirement shall not
apply to three-season porches, four-season porches, greenhouses and
solariums, provided they meet the State Building Code and are approved
by the Building Official. (Amened Ord. 543 10-18-22)
The code language from this section would not allow for architecturally designed modern
home styles which may use a flat or low-sloped roof in the design. Part of the intent
behind the code appears to be an effort to tie the zoning code to building code
requirements which are there to ensure a roof drains properly when a shingled sloped roof
is employed. However, the building code would allow a flat roof or low sloped roof when
built consistent with the standards of the building code, providing more flexibility for
home designers.
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City staff is proposing a revision to the zoning code language that would allow for
deviations from the 4:12 roof pitch requirement for properties located outside of the
metropolitan urban service area subject to review by the Board of Design Control. The
Andover Review Committee would serve as the Board of Design Control.
Proposed Revision to 12-14-17-C:
C.Single-family dwellings other than approved earth sheltered homes shall
have at least a 4:12 roof pitch and shall be covered with shingles, tiles,
metal roof panels or metal roof shingles. Deviations from these standards,
for architectural purposes, located outside of the metropolitan urban
service area, may be approved by the Board of Design Control. With the
exception of the edging, trim, coping, and/or flashing, all fasteners shall be
concealed so as to not protrude from the roofing material. Corrugated,
plain galvanized, or unpainted roofing materials shall be prohibited. This
requirement shall not apply to three-season porches, four-season porches,
greenhouses and solariums, provided they meet the State Building Code
and are approved by the Building Official. (Amened Ord. 543 10-18-22)
ACTION REQUESTED
The Planning and Zoning Commission is asked to hold a public hearing and make a
recommendation to the City Council regarding the City Code Amendment for Low and
Sloped Roofs on Single Family Dwellings.
Attachment(s):
Draft Ordinance
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO. XX
THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAIN AS
FOLLOWS:
AMENDMENTS TO CITY CODE TITLE 12: ZONING REGULATIONS, CHAPTER
14: PERFOMANCE STANDARDS
CHAPTER 14
PERFORMANCE STANDARDS
SECTION:
12-14-1: Purpose and Scope
12-14-2: Enforcement
12-14-3: Exterior Storage
12-14-4: Refuse in All Districts
12-14-5: Screening
12-14-6: Landscaping in All Districts
12-14-7: Glare in All Districts
12-14-8: Off Street Parking Requirements
12-14-9: Off Street Loading and Unloading Areas
12-14-10: Traffic Control
12-14-11: Drainage
12-14-12: Guesthouses
12-14-13: Dwelling Units of Employees on Premises in Residential Districts
12-14-14: Dwelling Units in Commercial and Industrial Districts
12-14-15: Visual Standards
12-14-16: Coin Operated Machines
12-14-17: Residential Building Standards
12-14-18: Interim Performance Standards
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12-14-17: RESIDENTIAL BUILDING STANDARDS:
All permitted residential structures in RR, R-1, R-2, R-3, R-4 and R-5 zoning districts
shall meet the following design criteria (Amended Ord. 468, 6-6-17; Amended Ord. 543,
10-18- 22):
A. All structures shall have permanent concrete or treated wood foundations that will
anchor the structure, which comply with the State Building Code as adopted in
Section 9-1-1 of this code and which are solid for the complete circumference of the
house. Except, four-season porches may be constructed without the permanent
foundation, provided the porch does not exceed a maximum coverage of twenty
percent (20%) of the footprint of the habitable portion of the principal structure.
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See also title 9, chapter 1 of this code.
B. Sixty percent (60%) of a residential structure shall have a minimum width of twenty-
four feet (24'). Width measurements shall not take into account overhangs or other
projections. Such width requirement shall be in addition to the minimum area per
dwelling requirements of Section 12-3-5 of this title.
C. Single-family dwellings other than approved earth sheltered homes shall have at least
a 4:12 roof pitch and shall be covered with shingles, tiles, metal roof panels or metal
roof shingles. Deviations from these standards, for architectural purposes, located
outside of the metropolitan urban service area, may be approved by the Board of
Design Control. With the exception of the edging, trim, coping, and/or flashing, all
fasteners shall be concealed so as to not protrude from the roofing material.
Corrugated, plain galvanized, or unpainted roofing materials shall be prohibited. This
requirement shall not apply to three-season porches, four-season porches,
greenhouses and solariums, provided they meet the State Building Code and are
approved by the Building Official. (Amened Ord. 543 10-18-22)
D. All single-family dwellings shall have roof overhangs that extend a minimum of one
foot (1') from all the walls of the structure unless the style of the house dictates
otherwise and said plan is approved by the Building Official prior to any permits
being granted.
E. All single-family structures must be built in conformance with Minnesota statutes
sections 327.31 to 327.35 or the State Building Code as adopted in Section 9-1-1 of
this code.
F. Any metal siding upon single-family residential structures shall have horizontal edges
and overlapping sections no wider than twelve inches (12"). Sheet metal siding shall
not be permitted in such districts.
G. All exterior construction, including finish and the final grading, shall be completed in
accordance with plans and specifications within one year following date of permit
issuance. All existing buildings not meeting the provisions of this title shall comply
within one year following adoption of this title. (Amended Ord. 8, 10-21-1970; amd.
2003 Code)
H. On attached single-family dwellings, such structures shall not exceed two (2) stories
in height, excluding the basement.
All other Titles, Chapters, and Sections of the City Code shall remain as written and
adopted by the Andover City Council.
Adopted by the Andover City Council on this day February of 2026.
ATTEST: CITY OF ANDOVER:
Michelle Hartner, City Clerk Jamie Barthel, Mayor
STAFF REPORT
Agenda Item #6
TO:Planning & Zoning Commissioners
CC: Joe Janish, Community Development Director
FROM: Aidan Breen, Associate Planner
SUBJECT: Public Hearing: City Code 4-1-2-F; 12-14-3; and 12-14-8-D-3 –
Increased Penalties for Repeat Infractions of City Code Within One
Year – City of Andover (Applicant).
DATE:January 27, 2026
INTRODUCTION
The Planning and Zoning Commission is requested to review a City Code Amendment to
increase penalties for repeat City Code violations for some of the most commonly received
city code complaints.
BACKGROUND
At the July 22, 2025 and November 25, 2025City Council work sessions, the Council
discussed various proposals for additional enforcement avenuesfor properties that had
frequent violations of Andover City Code and/or those properties who do not make
meaningful progress in resolving their violations after an initial citation is issued.
At the November work session, Council requested City Staff draft a proposal for an
amendment to increase penalties for repeat violations of certain provisions in Andover City
Code: Exterior Storage violations, Off-street parking violations, and Junk Motor Vehicle
violations. The requested amendment would:
1) Double penalties after a second violation within one (1) year,
2) Triple penalties for three or more violations within one (1) year, and
3) Allow the City to require a court hearing after three or more violations within one
(1) year
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. The text of the
proposed amendments to City Code 4-1-2-F, 12-14-3, and 12-14-8-D-3 are attached.
Additions and amended text are in red.
Attachments
Draft Ordinance
City Council Workshop Meeting Minutes: July 22, 2025, and November 25, 2025
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TITLE 4
CHAPTER 1
NUISANCES
SECTION:
4-1-1: Policy and Purpose
4-1-2: Public Nuisances Enumerated
4-1-3: Inspections And Investigations
4-1-4: Abatement Procedures
4-1-5: Interference With Enforcement Officials Prohibited
4-1-6: Violation; Penalty
4-1-2: PUBLIC NUISANCES ENUMERATED: Whoever, by his act or failure
to perform a legal duty, intentionally does any of the following, is guilty of maintaining a
public nuisance and may be ordered to abate the nuisance as provided herein, charged with
a misdemeanor, or both:
F. Junk Motor Vehicles: Parks, keeps, stores or accumulates junk motor vehicles upon
any private land or premises owned; occupied or controlled by any person or legal
entity unless authorized by this code or other ordinance. No person shall park, keep
or place any such vehicle upon land not owned by such person. For purposes of this
section, a junk vehicle means any motor vehicle as defined in Minn. Stat. § 169.011,
subd. 42, part of a motor vehicle, or former motor vehicle stored in the open which
is (1) unusable or inoperable because of a lack of or defects in component parts; (2)
unusable or inoperable because of damage from collision, deterioration, or
otherwise; ( 3) beyond repair, and, therefore, not intended for future use as a motor
vehicle; ( 4) being retained on the property for possible use of salvageable part; or
(5) is not properly and currently licensed for operation within the State of
Minnesota. (Amended Ord. 383, 6-2-09)
1. A second violation of this provision within one (1) year of the first violation shall
be subject to increased penalties.
2. A third violation and all subsequent violations of this provision within one (1) year
of the first violation shall be subject to further increased penalties.
3. A third violation and all subsequent violations within one (1) year may be subject
tomandatory court appearances.
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TITLE 12
CHAPTER 14
PERFORMANCE STANDARDS
SECTION:
12-14-1:Purpose and Scope
12-14-2: Enforcement
12-14-3: Exterior Storage
12-14-4: Refuse in All Districts
12-14-5: Screening
12-14-6: Landscaping in All Districts
12-14-7: Glare in All Districts
12-14-8: Off Street Parking Requirements
12-14-9: Off Street Loading and Unloading Areas
12-14-10: Traffic Control
12-14-11: Drainage
12-14-12: Guesthouses
12-14-13: Dwelling Units of Employees on Premises in Residential Districts
12-14-14: Dwelling Units in Commercial and Industrial Districts
12-14-15: Visual Standards
12-14-16: Coin Operated Machines
12-14-17: Residential Building Standards
12-14-18: Interim Performance Standards
12-14-1: PURPOSE AND SCOPE: The performance standards established
in this chapter are designed to encourage a high standard of development by
providing assurance that neighboring land uses will be compatible. The
performance standards are also designed to prevent and eliminate those
conditions that cause urban blight. All future development shall be required to
meet these standards. The standards shall also apply to existing development
where so stated. (Amended Ord. 8, 10-21-1970)
12-14-2: ENFORCEMENT: The City Administrator or their designee shall be
responsible for enforcing these standards. (Amended Ord. 8, 10-21-1970)
(Amended Ord. 314, 10-4-2005)
12-14-3: EXTERIOR STORAGE:
A. Residential Districts: All materials and equipment not stored within a building must
be fully screened (as outlined in Section 12-14-5) so as not to be visible from
adjoining properties.
1. A second violation within one (1) year shall be subject to increased penalties.
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2.A third violationand allsubsequentviolationswithinone(1) year shall be
subject to further increased penalties and/or mandatory court appearances.
3. A third violation and all subsequent violations within one (1) year may be
subject to mandatory court appearances.
B.Special mobile equipment is permitted only when being used in conjunction with a
temporary service including, but not limited to emergency events or a construction,
remodeling, or landscaping project benefiting the premises or the temporary,
general loading or unloading onto the premises.
The following items are exempt from the screening requirement (Amended Ord.
380, 4/21/09): Clotheslines and recreational equipment. (Amended Ord. 314 10-4-
2005); Building materials currently being used on the premises of a property with
an active building permit or landscaping materials to be incorporated into a project
on the premises of a property with an active remodeling/beautification project not
to exceed six (6) months within a calendar year. (Amended Ord. 314 10-4-2005;
Ord. 380, 4/21/09; Ord. 392, 5/18/10); Agricultural equipment and materials if
these are used or intended for use on the premises.
C.All Districts except Residential Districts: The City Council may require a
Conditional Use Permit for any exterior storage of the following:
1. If it is demonstrated that such storage is a hazard to the public health, safety,
general welfare, or morals, or has a depreciating effect upon nearby property
values, or impairs scenic views, or constitutes a threat to living amenities.
(Amended Ord. 8, 10-21-1970; Ord. 380 4/21/09)
12-14-4:REFUSE IN ALL DISTRICTS:
A. Interpretation: All exterior storage not included as a permitted accessory use, a
permitted use, or included as part of a Conditional Use Permit, or otherwise
permitted by provisions of this title shall be considered as refuse.
B. Storage Of Refuse: All waste material, debris, refuse, or garbage shall be kept in an
enclosed building or properly contained in a closed container designed for such
purposes. All non-residential uses shall have trash enclosures built of materials that
match the principal structure and have an opaque gate made of wood or metal
(metal chain link with slats is not acceptable). (Amended Ord. 314, 10-4-2005)
C. Vacant Land: The owner of vacant land shall be responsible for keeping such land
free of refuse and weeds.
D. Existing Uses to Comply: Existing uses shall comply with this provision within six
(6) months following enactment of this title. (Amended Ord. 8, 10-21-1970; amd.
2003 Code)
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12-14-5:SCREENING:
A. Exterior Storage: Screening from residential properties and public streets as visible
from ground level shall be provided with an architecturally compatible opaque
fence with a minimum height of six feet as measured from the surface of the exterior
storage area. Plant material shall be provided on the outside of the fence for
aesthetic appeal. Additional fence height and/or berming shall be required if a six-
foot fence would not block direct vision of the exterior storage. (Amended Ord.
380, 4/21/09)
1. Landscaping products and merchandise displayed for sale in limited quantities may
be exempt from this screening requirement provided that a Conditional Use Permit
and commercial site plan approval have been achieved and the approved plan
provides specified locations, appearance and maintenance criteria and prevents
conflicts with traffic circulation and emergency access.
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12-14-8:OFF STREET PARKING REQUIREMENTS:
A. Purpose: The regulation of off-street parking spaces in this title is to alleviate or
prevent congestion of the public right-of-way and to promote the safety and general
welfare of the public by establishing minimum requirements for off street parking
of motor vehicles and trailers in accordance with the utilization of various parcels
of land or structures and to maintain the general use and character within the zoning
designations. (Amended Ord. 392, 5/18/10)
B. Policy: For those rural lots originally intended to be 2.5 acres, but upon
development resulted in less than 2.5 acres but at least 2.375 acres are, for the
purpose of this ordinance, considered to satisfy the 2.5-acre requirement.
(Amended Ord. 392, 5/18/10)
C. Site Plan Required: All applications for a building permit or Certificate of
Occupancy in all zoning districts shall be accompanied by a site plan drawn to scale
and dimensioned indicating the location of the driveway, off street parking and
loading spaces, and storage areas in compliance with the requirements set forth in
this chapter.
D. General Provisions:
3. Permitted Use of Residential Parking Area:
b. Driveways in a residential district shall be utilized solely for the parking of
licensed and operable motor and passenger vehicles, trailers, and recreational
vehicles, and may not contain no more than one vehicle registered as a
commercial vehicle with the State of Minnesota. Said such commercial vehicle
shall not: 1.) exceed 12,000 pounds gross vehicle weight; 2) the height of the
vehicle shall not exceed nine (9) feet; and 3) the carrying load area shall not
exceed the height of the operating area (this height shall not include any
accessory equipment such as a ladder, antenna, or aftermarket utility box that
may be affixed or attached to the vehicle). (Amended Ord. 392, 5/18/10).
1. A second violation of this provision within one (1) year of the first violation
shall be subject to increased penalties.
2. A third violation and all subsequent violations of this provision within one
(1) year of the first violation shall be subject to further increased penalties.
3. A third violation and all subsequent violations within one (1) year may be
subject to mandatory court appearances.
c. Private Garages: A private garage in a residential district shall not be utilized
for business or industry, except as allowed by Section 12-9-3 of this code.
Further, not more than one-half (1/2) of the space may be rented for the private
6
vehicles of persons not residents on the premises; except, that all the space in a
garage of one or two (2) car capacity may be so rented. In an R-1 or R-2 single-
family residential district on a parcel of at least three (3) acres in size, one truck
tractor may be stored within an accessory building. Under no circumstances
shall the required parking facilities allow for the parking of semitrailers, unless
otherwise allowed by City Code. (Amended Ord. 392, 5/18/10).
1. A second violation of this provision within one (1) year of the first violation
shall be subject to increased penalties.
2. A third violation and all subsequent violations of this provision within one
(1) year of the first violation shall be subject to further increased penalties.
3. A third violation and all subsequent violations within one (1) year may be
subject to mandatory court appearances.
d. Rear yards: A combination of no more than two (2) of the following: passenger
vehicles, pickup trucks, recreational vehicles, or trailers shall be permitted to
be stored in the rear yard of a residential property provided they are setback not
less than ten(10) feet from all property lines and are fully operable and licensed
as required by the State of Minnesota. Each item shall not exceed twenty (20)
feet in length. The permitted length for one recreational vehicle may increase
to no more than forty-five (45) feet in length in the following locations: (1)
On a parcel of land having a minimum lot size of two and a half (2.5) acres;
(2) On one or more parcels of land sharing a lot line owned by the same person
and having a total combined acreage of 2.5 acres. (Amended Ord. 392, 5/18/10).
1. A second violation of this provision within one (1) year of the first violation
shall be subject to increased penalties.
2. A third violation and all subsequent violations of this provision within one
(1) year of the first violation shall be subject to further increased penalties.
3. A third violation and all subsequent violations within one (1) year may be
subject to mandatory court appearances.
e. Commercial vehicles exceeding the gross vehicle weight or height as
enumerated in Section 12-14-8, D. subpart 3.a. or any special mobile equipment
shall only be permitted on any off-street parking area or its respective premises
if it is being used in conjunction with a temporary service including, emergency
events or a construction, remodeling, or landscaping project benefiting the
premises. In no instance shall the duration of such special mobile equipment
exceed two (2) consecutive days at any given period of time unless prior
authorization from the City has been obtained. (Amended Ord. 392, 5/18/10)
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1. A second violation of this provision within one (1) year of the first violation
shall be subject to increased penalties.
2. A third violation and all subsequent violations of this provision within one
(1) year of the first violation shall be subject to further increased penalties.
3. A third violation and all subsequent violations within one (1) year may be
subject to mandatory court appearances.
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