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Andover Planning and Zoning Commission
MeetingAgenda
April 28,2026
Andover City Hall
Council Chambers
7:00 p.m.
1.Call to Order
2.Pledge of Allegiance
3.Approval of Minutes –March 24,2026, Regular Meeting
4.Public Hearing:Consider an InterimUse Permit–Mining and Land Reclamation –Fields
of Winslow Cove for the parcels with PID #(s): 23-32-24-41-0110, 23-32-24-41-0111, and
24-32-24-32-0087 (Lots 4-6, Block 7, Fields of Winslow Cove Fourth Addition),Lennar
Homes(Applicants).
5.Other Business
6.Adjournment
STAFF REPORT
Agenda Item #3
TO: Planning and Zoning Commissioners
FROM: Peter Hellegers, City Planner
SUBJECT:Approval of Minutes
DATE: April 28, 2026
REQUEST
The Planning & Zoning Commission is requested to approve the March 24, 2026, regular
meeting minutes.
1
2
3
4
5
6
7
8 PLANNING AND ZONING COMMISSION REGULARMEETING –MARCH 24,
9 2026
10
11 The RegularMeeting of the Andover Planning and Zoning Commission was called to
12 order by Chairperson Loehleinon March 24, 2026, at7:00 p.m., at the Andover City Hall,
13 1685 Crosstown Boulevard NW, Andover, Minnesota.
14
15 Commissioners present:Chairperson Nick Loehlein, Commissioners Roger Grout,
16 Scott Hudson, Chuck Naughton, Jonathan Weinhold, Nicole
17 Wicklund, and Ryan Winge.
18
19 Commissioners absent: None.
20
21 Also present: City Planner Peter Hellegers and Associate Planner Aidan
22 Breen.
23
24
25 CALL TO ORDER
26
27 PLEDGE OF ALLEGIANCE
28
29 APPROVAL OF MINUTES
30
31 Motion.The Chairassumed amotion to approve the March 10, 2026,Regular Meeting
32 Minutes as presented. The Motion passed on unanimous consent.
33
34 PUBLIC HEARING – Consider a Sketch Plan for a Master Planned Development,
35 using a Planned Unit Development (PUD), for a 31-acre property at 17613 Ward Lake
36 Drive, Andover MN PID#12-32-24-22-0007, (Applicant: Team Fair).
37
38 Mr. Hellegers reviewed the Planning Commission is asked to review a sketch plan for a
39 single-family PUD residential development as proposed by Landmark Development. The
40 applicant submitted a narrative that was included in the Commission packet.
41
42 The City has received an application for a sketch plan showing a 9-lot single-family rural
43 residential development on approximately 31 acres. The site is in the northeast quadrant of
44 the community, approximately one mile north of the intersection of Ward Lake Drive NW
45 and Crosstown Blvd NW. Ward Lake is located on the northern boundary of the parcel.
46 Holmberg Addition, consisting of 7 lots, is located to the south and was platted in 1992.
RegularAndover Planning and Zoning Commission Meeting
Minutes – March 24, 2026
Page 2
1 The proposed development is located within the shoreland overlay district due to Ward
2 Lake, which is classified as a Recreational Development Lake.
3
4 Mr. Hellegersreviewed the actions that need to occur for this development to move
5 forward.
6
7 The conformance with Local and Regional Plans and Ordinances include:
8
9 1. The approximately 31-acre property is located outside of the MUSA boundary –
10 meaning private wells and private septics are proposed to be utilized.
11 2. The property is guided in the 2018 Comprehensive Plan as Rural Residential, a
12 designation that calls for gross densities of 0.00 to 0.4 units per acre.
13 3. This property is within the Shoreland Overlay District.
14 4. The proposed development includes deviations from City Code that are proposed
15 to be addressed through the PUD process.
16
17 Mr. Hellegers reviewed the Site Characteristics, including Access, Block Length, Tree
18 Preservation Plan, Wetlands/Floodplains, Street Improvements, Rural Street, and
19 Utilities.
20
21 The Andover Review Committee has reviewed this PUD and submitted comments to the
22 applicant. Those comments were provided for Commission review.
23
24 The Park and Recreation Commission is expected to review this sketch on April 2, 2026,
25 at their regular meeting. The current Master Park Plan does not identify parkland in this
26 area.
27
28 The applicant will need to provide a “PUD Development Plan Shoreland Density.” As
29 part of the Shoreland Ordinance, the applicant is required to verify the proposed density
30 by creating a tier system of 267 feet. Density is then compared to the City Code within
31 these tiers. The Shoreland Ordinance also allows for a density increase if a developer
32 provides a larger setback (125 feet vs 100 feet from the waterbody Ordinary High Water
33 and placesvegetation requirements around the recreational lake. The applicant is not
34 seeking additional density.
35
36 Due to the Shoreland Overlay District and seeking a PUD, additional responsibilities are
37 required of the developer. These include a Mandatory Homeowners Association and City
38 Code, which provides the requirements of the HOA.
39
40 Residential Planned Unit Developments within a shoreland area require a property owner
41 association agreement (for residential PUDs) with mandatory membership, and address
42 the following within City Code 13-4-9F:
43
44 1. Maintenance and Design Criteria – All 9 lots in this proposed project are on track
45 to be built by a local, reputable, high-end custom home builder – Hanson Builders.
RegularAndover Planning and Zoning Commission Meeting
Minutes – March 24, 2026
Page 3
1 Each lot has the flexibility to be uniquely designed to the end buyer's architectural
2 preferences. A homeowner’s association will be established, and duties performed
3 will be the maintenance and snow removal of the trail, and ongoing maintenance
4 and preservation of the outlot and conservation easement.
5
6 2. Open Space Requirements. Planned Unit Developments must contain open space.
7 As part of the PUD criteria, the proposal is that 50% of the overall project be
8 placed under a conservation easement.
9
10 3. Erosion Control and Storm Water Management – The City of Andover and Lower
11 Rum River Watershed Organization will review erosion control and storm water
12 management as part of future applications.
13
14 4. Centralization and Design of Facilities. The proposed homes will not have a
15 centralized sewer. The homes would have private septic systems and wells.
16
17 Other Shoreland Management items include 25% max impervious coverage for each lot,
18 25-foot max building height, and 50% open space preservation within the Shoreland
19 Overlay area.
20
21 The subject property is zoned R-1: Single Family Rural Residential. The property is
22 located within the shoreland overlay district. Shoreland regulations include additional
23 regulations for lots.
24
Shoreland Regulation Proposed
Lot Area
Riparian Lots 108,900 (2.5 acres)2.55+
Nonriparian Lots 108,900 (2.5 acres)2.77+
Lot Width
Riparian Lots 300 175
Nonriparian Lots 300 300
25
26 The Proposed Conceptual PUD Standards vs. Proposed with Notes were provided for
27 Commission review.
28
29 Mr. Hellegers provided the PUD Review.
30
31 The Park and Recreation Commission will provide input on April 2, 2026, at their
32 regularly scheduled meeting. The City Council is expected to provide input on the sketch
33 on April 7, 2026, at their regularly scheduled meeting. The applicant will then make a
34 determination if they will proceed with additional applications, moving towards
35 development of the property.
36
37 The Planning Commission has beenasked to hold a Public Hearing related to the sketch
38 plan. After the Public Hearing, the Planning Commission is asked to provide input on the
RegularAndover Planning and Zoning Commission Meeting
Minutes – March 24, 2026
Page 4
1 development for the applicant to consider as they determine whether to continue
2 developingthis property.
3
4 Also provided for Commission consideration were the Applicant’s Narrative, Applicant’s
5 Responses to PUD Questions, Potential Landscape Entrance Monument, Sketch Plan,
6 Location Map, and Public Comments received.
7
8 Mr. Matt Johnson, representing Team Fair, appeared before the Commission and stated
9 that they are here to listen to any comments.
10
11 Commissioner Winge stated that this looks like a great high-end development and asked
12 about the environmental items, such as the deviation in lot width. Mr. Johnson stated that
13 the piece of land has challenges with the wetland areas. The main reason for the request is
14 to get a couple more lots to cover the costs of the HOA.
15
16 Chair Loehlein opened the public hearing at 7:20 p.m.
17
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18 Mr. Gary Goeden, 643 170Lane NW, asked about the emergency service road that is
19 going on his property line. He is concerned that this will become a busy road.
20
21 Ms. Mary Bottineau and Mr. Kevin Bottineau, 17103 Ward Lake Drive, the emergency
22 road is their driveway. They have met with the developers, and they have been good to
23 work with. Some changes have been made to the cul-de-sac. They and their neighbors are
24 concerned about the road becoming a major thoroughfare.
25
26 Mr. Matt Johnson addressed concerns about the emergency road. The goal is to work with
27 City Staff to find solutions for the concerns before the City Council Meeting. Mr.
28 Hellegers stated that part of the requirement of 20 feet wide is to allow for emergency
29 vehicles. These types of roads have been done in other developments and are closed off
30 with a gate. Snow removal is done through the HOA. The emergency access is the
31 responsibility of the HOA to maintain.
32
33 Mr. Gary Goeden stated that there is a fence of his neighbors on the property line. What
34 will stop the plows from pushing snow onto the fence?
35
36 Ms. Mary Bottineau stated that when they built their house, they needed to make their
37 driveway wider to accommodate emergency vehicles. Their driveway is not 20 feet wide.
38 Is there a variance to require the road to be less than 20 feet wide? Mr. Hellegers stated
39 that the 20 feet is for emergency access. A fire truck could fit in less than 20 feet, but it
40 does not provide very much turn space. This is the standard for commercial and residential
41 developments. The emergency road would not be wide enough to accommodate a road in
42 the future. Mr. Breen stated there is no intent for this to ever become a city street.
43
44 Staff read the comments received via email into the record.
45
RegularAndover Planning and Zoning Commission Meeting
Minutes – March 24, 2026
Page 5
1 Kourtney Cornick – objected to the variance requested for smaller lot widths.
2
3 Bob Ganter (Ganter Family Limited Partnership) – expressed concern about access to their
4 parcels.
5
6 Chair Loehlein asked about the usable vs unusable space. Mr. Hellegers stated that it is
7 met with this proposal, and the density is lower. Chair Loehlein asked about the Brown
8 Road, which is an easement that only the owner can use. Mr. Hellegers stated that on this
9 31-acre parcel, there is a private easement that provides driveway access. They can
10 connect to the end of the cul-de-sac.
11
12 Mr. Matt Johnson, 13432 Hanson Blvd NW, explained why the PUD results in a better-
13 qualitydevelopment. The goal is for the longevity of this neighborhood and others. In
14 creating a PUD, several amenities are provided. Mr. Hellegers referred to the written
15 statement provided by the developer, included in the packet.
16
17 Chair Loehlein closed the public hearing at 7:50 p.m.
18
19 Commissioner Weinhold referred to the property width discussion. There have been
20 discussions regarding this in prior developments. He asked if this needs to be ironed out.
21
22 Chair Loehlein stated he is happy that additional density has not been requested. This
23 seems like a good use of the land.
24
25 Commissioner Winge stated the Commission needs to be good stewards to have high-
26 quality development within the City. He was hoping there would be more of a reason
27 other than economic considerations.
28
29 Commissioner Grout stated this is a significant variance request and asked if this is in line
30 with the intent of the project.
31
32 Commissioner Hudson reviewed the purpose of a PUD. Is this a better development than
33 Code would provide?
34
35 Commissioner Naughton agreed with Commissioner Hudson.
36
37 OTHER BUSINESS.
38
39 Mr. Breen stated that the item for a porch variance was approved by the City Council at
40 their March 17, 2024, meeting.
41
42 He also noted that last night, there was an Open House for the AUAR Fields of Andover
43 proposed development. There was strong attendance. The AUAR comment period is open
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44 through April 9.
45
RegularAndover Planning and Zoning Commission Meeting
Minutes – March 24, 2026
Page 6
1 ADJOURNMENT
2
3 Chair Loehlein adjourned the meeting at 8:15 p.m.
4
5
6 Respectfully Submitted,
7
8 Debbie Wolfe, Recording Secretary
9 TimeSaver Off Site Secretarial, Inc.
STAFF REPORT
Agenda Item # 4
TO: Planning and Zoning Commissioners
CC: Joe Janish, Community Development Director
FROM :Peter Hellegers, City Planner
SUBJECT:Public Hearing: Interim Use Permit (IUP) – Mining and Land
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Reclamation – 797, 805 and 821 152Lane NW (Lots 4-6, Block 7,
Fields of Winslow Cove Fourth Addition), Applicants: Lennar Homes.
DATE: April 28, 2026
INTRODUCTION
City Code 12-11 requires an Interim Use Permit (IUP) for mining and land reclamation in
excess of 400 cubic yards. The applicant is requesting an Interim Use Permit (IUP) for a
nd
6,500 cubic yard stockpile of topsoil that would be located on 797, 805 and 821 152
Lane NW, which can also be described as Lots 4-6 of Block 7 in the Fields of Winslow
Cove Fourth Addition (PID #’s: 23-32-24-41-0110, 23-32-41-0111, and 24-32-24-32-
0087). This temporary stockpile would be utilized by the builder for topsoil to sod
homesites within the Fields of Winslow Cove development. The applicant is requesting
that the stockpile be removed by the end of 2028.
BACKGROUND
On September 7, 2021, a preliminary plat and grading plan were approved for the Fields
of Winslow Cove residential development and final plats of the fourth and fifth phasesof
the development were approved on June 10, 2025, and March 3, 2026, respectively.
DISCUSSION
Since the applicant is proposing land reclamation in excess of 400 cubic yards, an IUP is
required pursuant to City Code 12-13-1 and 12-13-2. A copy of the draft grading plan
“IUP Stockpile Exhibit” for the proposed stockpile is attached for your review. The
grading plan is also under review by City staff. The applicant will be required to respond
to and address each of the staff review comments prior to beginning work on the
stockpile.
The applicant has estimated that their timeline would run through 2028. Staff are
proposing an expiration date of December 31, 2028. The longest amount of time an IUP
can be granted for under City Code 12-15-8-E is 5 years. Atthe expiration of the IUP if
the applicant would like the stockpile to remain on the property, they would need to apply
for a new IUP and obtain City Council approval. Staff arealso proposing flexibility of an
additional 500 cubic yards on the amount of fill that can be contained in the stockpile in
1
case adjustments to the grading plan are required during construction. These adjustments
would need approval from the City Engineer.
If the Commission determines that restrictions greater than what is currently required by
City Code and State Statute is needed, they may recommend those conditions to the City
Council as part of the IUP.
Type of Fill Permitted
The stockpile will be comprised of topsoil to be used for sodding homesites within the
Fields of Winslow Cove development.
Hours
The applicants proposed hours of operation are 8 am to 5 pm. The applicant’s proposed
hours would comply with City Code 5-6-3 which regulates hours for construction
activities.
Haul Route
The applicant provided a map showing the haul route to the site from Prairie Road to
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152Lane NW. There may also be some hauling across Prairie Road to the east side of
the development if there is need for topsoil from the stockpile material. As the
development is completed, it is expected that use of the local roadways through the
development will occur in order to access and remove material from the stockpile. The
applicant will be required to remove any material that accumulates during ancillary use of
the local roadways. Streets adjacent to the stockpile shall be swept clean, daily, if
necessary, as hauling occurs.
Erosion Control
Silt fencing will be required around the stockpile at all times to control any erosion. The
applicant will be required to ensure proper vegetation (seeded/sodded) across the
stockpile within 7 days of inactivity.
Coordination with other Agencies
The applicant is responsible to obtain all appropriate and necessary permits (such as but
not limited to the Coon Creek Watershed District, etc.).
Public Notice
In accordance with the City Code, public hearing notice is published in the Anoka
County Union Herald and mailed notice was provided to properties within 700 feet of the
site located outside of the MUSA boundary and was provided to properties within 350
feet of the site located within the MUSA boundary, using GIS data provided by Anoka
County. In addition, a sign has been posted along Prairie Road to alert passersby of the
proposed public hearing. The City’s practice is more generous than Statute which only
requires the published notice and mailed notice to properties within 350 feet.
REVIEW CRITERIA
Interim Use Permit Standards
City Code 12-15-8-D provides the following general review criteria to consider when
granting an IUP. In granting an Interim Use Permit, the City Council shall consider the
recommendation of the Planning and Zoning Commission and:
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:
1. 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
other public facilities. The applicant’s materials show that fill would be hauled in
nd
on Prairie Road to access the site at 152 Lane NW. There are no parks or other
public facilities in the vicinity that could be impacted.
2. 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.
3. Will not have a negative effect on the values of property and scenic views;
The stockpile will be temporary and will be utilized in order to facilitate future
development of the site more easily. It is not anticipated that the stockpile will
have a negative effect on the values of property or scenic views.
4. 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 stockpile remains past the expiration date of the IUP, the applicant
will need to seek a new IUP or remove the stockpile from the property at their
cost.
5. 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 permit.
ACTION REQUESTED
The Planning and Zoning Commission is requested to hold a public hearing and make a
recommendation to the City Council regarding the interim use permit request.
Attachment(s):
1) Draft Resolution of Approval
2) Draft Resolution of Denial
3) Location Map
4) Referenced City Code Sections
5)Applicant Letter
6) IUP Stockpile Exhibit and Proposed Haul Route
7)Public Comments –None as of 4/23/26
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. R________
A RESOLUTION GRANTING AN INTERIM USE PERMIT FOR MINING AND
st
LAND RECLAMATION AT 797, 805 and 821 151Lane NW, PID#(s): 23-32-24-41-
0110, 23-32-24-41-0111, and 24-32-24-32-0087, LEGALLY DESCRIBED AS:
Lots 4-6, Block 7, Fields of Winslow Cove Fourth Addition
WHEREAS, the applicant requested an interim use permit for the mining and land
reclamation of up to 6,500 cubic yards of soil; and,
WHEREAS, the Planning and Zoning Commission held a public hearing on April 28,
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 6,500 cubic yards of soil on said property with the following conditions:
1. The proposed stockpile shall follow the attached IUP Stockpile Exhibit
(Exhibit A).
2. Applicant shall address all staff comments related to the Interim Use Permit
and all applicable permits to the satisfaction of the City.
3. No grading/stockpiles shall occur within 25 feet of adjacent property lines or
right-of-way unless approved by the City Engineer.
4. Soil shall not be placed within wetland, floodplain, or right-of-way areas
without first obtaining any required approvals and completing any required
mitigation.
5. The stockpile shall only be comprised of topsoil material for use within the
Fields of Winslow Cove Preliminary Plat and Planned Unit Development
area.
6. Slopes shall not exceed 3 to 1 on unmaintained areas and not exceed 4 to 1 on
maintained areas.
7. Silt fencing and any other erosion control measures as deemed necessary by
the City Engineer shall be installed and maintained around the exterior of the
stockpile.
8. Hours of operation shall be restricted to the normal construction hours as
regulated by City Code 5-6-3.
9. The applicant will be required to seed the site as per NPDES permits and
seed/hydro mulch the stockpile to ensure proper vegetation to the satisfaction
of the City Engineer.
10. 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.
11. All appropriate permits shall be obtained from any agency that may have an
interest in the site including but not limited to NPDES, Coon Creek
Watershed District, Minnesota Pollution Control Agency, and obtaining an
approved grading plan from the City Engineering Department.
12. All material shall be utilized in compliance with the City requirements.
13. Any future mining or land reclamation with fill in excess of 400 cubic yards
shall require a new IUP.
14. Permit shall expire on December 31, 2028.
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Adopted by the City Council of the City of Andover on this 5
day of May 2026.
CITY OF ANDOVER
____________________
ATTEST: Jamie Barthel, Mayor
_
Michelle Hartner, City Clerk
EXHIBIT A
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. R________
A RESOLUTION DENYING AN INTERIM USE PERMIT FOR MINING AND LAND
st
RECLAMATION AT 797, 805 and 821 151 Lane NW, PID#(s): 23-32-24-41-0110, 23-
32-24-41-0111, and 24-32-24-32-0087, LEGALLY DESCRIBED AS:
Lots 4-6, Block 7, Fields of Winslow Cove Fourth Addition
WHEREAS, the applicant requested an interim use permit for the mining and land
reclamation of up to 6,500 cubic yards of soil; and,
WHEREAS, the Planning and Zoning Commission held a public hearing on April 28,
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.
WHEREAS, the City Council of the City of Andover disagrees with the Planning and
Zoning Commission, and;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover
hereby denies the interim use permit request; for the following reasons:
1.
2.
3.
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Adopted by the City Council of the City of Andover on this 5 day of May 2026.
CITY OF ANDOVER
____________________
ATTEST:Jaime Barthel, Mayor
_____________________
Michelle Hartner, City Clerk
CHAPTER 13
REQUIREMENTS FOR SPECIFIC INTERIM USE PERMITS
SECTION:
12-13-1: Land Reclamation
12-13-2: Mining
12-13-3: Highway Construction Materials (Temporary Processing and
Storage
12-13-1: Land Reclamation: Land reclamation shall be permitted only by
Interim Use Permits in all districts. The permit shall include, as a condition
thereof, a finished grade plan which will not adversely affect the adjacent land,
and as conditions thereof shall:
A. Regulate the type of fill permitted;
B. Include a program for rodent control;
C. Include a plan for fire control;
D. Provide for general maintenance of the site;
E. Provide planned controls of vehicular ingress and egress; and
F. Provide for control of material disbursed from wind or hauling of material
to or from the site.
12-13-2: MINING: In all districts, the conduct of mining shall be permitted
only upon issuance of a Interim Use Permit. Such permit shall include, as a
condition thereof:
A. A plan for finished grade which will not adversely affect the
surrounding land or the development of the site on which the
mining is being conducted; and
B. The route of trucks moving to and from the site.
12-13-3: HIGHWAY CONSTRUCTION MATERIALS (TEMPORARY
PROCESSING AND STORAGE):
A. Site Plan Requirements: The temporary processing and storage of sand,
gravel, or other materials shall be permitted only by Interim Use Permit.
Such Interim Use Permit shall include a site plan showing:
Development Director a request for Conditional Use Permit form together
with a fee as set forth by ordinance. An additional fee as set forth by
ordinance may be required for each meeting in excess of two (2), which is
necessary because of incomplete information or changes in the petition.
The Community Development Director shall refer the application to the
Planning and Zoning Commission. (Amended Ord. 8, 10-21-1970; amd.
2003 Code)
2. A public hearing shall be held in accordance with section 12-15-3.
(Amended Ord. 314 10-4-2005)
3. City Council Action: After a completed application has been submitted,
the City Council shall follow the deadline for response as outlined in State
Statute 15.99. (Amended Ord. 314, 10-4-2005)
4. Amended Application: An Amended Conditional Use Permit application
shall be administered in a manner similar to that required for a new
1
conditional use permit; and the fee shall be as set forth by ordinance.
Amended conditional use permits shall include reapplications for permits
that have been denied, requests for changes in conditions, and as
otherwise described in this title. (Amended Ord. 8, 10-21-1970; amd. 2003
Code)
5. Reapplication After Denial: No application for a Conditional Use Permit
shall be resubmitted for a period of one year from the date of said order of
denial.
6. Hearing May Be Held: When a Conditional Use Permit may be of
general interest to the community or to more than the adjoining owners,
the Planning and Zoning Commission may hold a public hearing, and the
Conditional Use Permit shall be reviewed with notice of said hearing
published at least ten (10) days prior to the hearing. (Amended Ord. 314,
10-4-2005)
D. Time Limit on Implementing Conditional Use: If the City Council
determines that no significant progress has been made in the first twelve
(12) months after the approval of the Conditional Use Permit, the permit
will be null and void. (Amended Ord. 8, 10-21-1970)
12-15-8: INTERIM USE PERMITS:
A. Purpose: Certain land uses might not be consistent with the land uses
designated in the Comprehensive Land Use Plan and they might also fail
to meet all of the zoning standards established for the district within which
they are proposed. Some such land uses may, however, be acceptable or
1
See subsection 1-7-3H of this code.
even beneficial if reviewed and provisionally approved for a limited period
of time. The purpose of the interim use review process is to allow the
approval of interim uses on a case-by-case basis. Approved interim uses
shall have a definite end date and may be subject to specific conditions
considered reasonable and/or necessary for the protection of the public
health, safety and general welfare.
B. Application/Fee: The person applying for an Interim Use Permit shall fill
out and submit to the Community Development Director a request for
Interim Use Permit form together with a fee as set forth by ordinance. The
Community Development Director shall have ten (10) working days from
receipt of the application to determine completeness. The Community
Development Director shall refer completed applications to the Planning
and Zoning Commission.
C. Procedures: The public hearing, public notice and procedural
requirements for interim use permits shall be as provided in 12-14-8. The
City Council shall act upon the interim use permit within sixty (60) days
from the date of submission of a complete application unless an extension
has been provided pursuant to Minnesota Statutes 15.99. Approval of a
request shall require a three-fifths (3/5) vote of the entire City Council.
(Amended Ord. 361, 5/7/24)
D. Standards: The Planning Commission shall recommend an interim use
permit and the Council shall issue such interim use permit only if it finds
that such use at the proposed location:
1. Will not create an excess burden on parks, streets, and other public
facilities;
2. Will not be injurious to the surrounding neighborhood or otherwise
harm the public health, safety, and general welfare;
3. Will not have a negative effect on values of property and scenic
views;
4. Will not impose additional unreasonable costs on the public;
5. Will be subjected to, by agreement with the owner, any conditions
that the City Council has deemed appropriate for permission of the
use, including a condition that the owner may be required to
provide an appropriate financial surety to cover the cost of
removing the interim use and any interim structures upon the
expiration of the interim use permit.
E. Termination: An interim use permit shall terminate upon the occurrence of
any of the following events as determined by the City Council:
1. Five (5) years from the date of approval; or
2. The date or event stated in the permit; or
3. An amendment to the City Code that either no longer allows the
interim use or now permits the interim use; or
4. The use has been discontinued for six months or longer.
F. Revocation: The City Council may revoke any interim use permit for
cause upon determination that the authorized interim use is not in
conformance with the conditions of the permit or is in continued violation
of the City Code or other applicable regulations.
G. Renewals: If an approved interim use is to be continued beyond the date
of its expiration or if an expired interim use is to be reinstated, an applicant
shall follow the above process for seeking a new interim use approval.
H. Reapplication after Denial. No previously denied application for an Interim
Use Permit may be considered by City Council for a period of one year
from the date of its denial. (Amended Ord. 436, 4-15-2014)
12-15-9: VARIANCES:
A. Variances Authorized: The City Council, as authorized by Minn. Stat.
462.354 subdivision 2, and Minn. Stat. 462.357, subdivision 6, shall have
the authority to hear requests for variances from the requirements of the
zoning ordinance and other sections of the City Code where variances
are authorized, including restrictions placed on nonconformities.
(Amended Ord. 407, 6-21-11)
B. Review Criteria:
1. Variances shall only be permitted when they are in harmony with the
general purposes and intent of the official control and when the variances
are consistent with the comprehensive plan. (Amended Ord. 407, 6-21-11)
2. Variances may be granted when the applicant for the variance
establishes that there are practical difficulties in complying with the official
control. ÐPractical difficulties,Ñ as used in connection with the granting
of a variance, means:
a. The property owner proposes to use the property in a
reasonable manner not permitted by an official control;