HomeMy WebLinkAboutWK May 22, 2007
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1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
City Council Workshop
Tuesday, May 22, 2007
Conference Rooms A & B
1. Call to Order - 6:00 p.m.
2. Discuss Use of Utility Easement for Hickory Meadows - Planning
3. Animal Control Ordinance Discussion - Planning
4. Discuss Time Limit on Building Permits - Planning
5. Discuss Irrigation Agreement with Associations - Engineering
6. Discuss Request for Autistic Child Signs - Engineering
7. Subdivision Code Update Discussion - Planning
8. Discuss Schedule for the July 3,2007 City Council Meeting - Administration
9. Other Business
10. Adjournment
CITY OF
NDOVE
@
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
TO:
Mayor and Councilmembers
CC:
Jim Dickinson, City Administratoi~ f""- "JD . A
Will Neumeister, Community Development DirectorwQL-
Courtney Bednarz, City Plann~
FROM:
SUBJECT:
Discuss Use of Utility Easement for Hickory Meadows - Planning
DATE:
May 22, 2007
INTRODUCTION
The Council is asked to discuss a revised utility plan for this project. The new plan would route
sewer and water south of Coon Creek to reach the previously approved preliminary plat.
DISCUSSION
Neighborhood Meeting
Staff met with property owners on the south side ofthe creek on May 8th. The residents had a
number of questions regarding the size, depth and location of the utilities as well as the length of
time the area could be expected to be disturbed and the effects of dewatering on the ponds and
creek. A notice was sent to the property owners to indicate that the Council would be meeting
tonight to discuss the revised utility location.
Background
As the Council is aware, the Hickory Meadows preliminary plat was approved with several
conditions. One of those conditions required the developer to provide suffIcient easement or
right-of-way to allow utilities to be extended to the development. The developer has been unable
to work with the property owners north of Coon Creek to allow this to occur. As a result, the
developer is proposing to utilize the existing drainage and utility easements on the south side of
Coon Creek to allow utilities to be extended to the site. The Council would need to approve the
change in the proposed route of the utilities.
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Impact South of Coon Creek
A trench approximately 40 feet in width will be excavated in the rear yards offour single family
homes and four townhouses. The sewer and water lines will be buried between 14 and 16 feet in
depth. An access road will be required to allow service of the sewer and water lines. The means
to provide an access with both an adequate base for maintenance vehicles and a natural look will
need to be approved by the city Engineer. Topsoil and seed will be required to allow the area to
be restored to its previous condition in both elevation and vegetation.
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Impact on Trunk Sewer System
The trunk sewer was previously planned to extend north under Butternut Street and west through
the middle of this development area. This route would result in sewer at 30 feet in depth and
would require a lift station to serve areas to the west and northwest. The proposed route will
allow the same area to be served without a lift station and with sewer between 14 and 16 feet in
depth. There would be some duplication in pipe in the future as latera1lines are extended to the
east and south to replace the sections of trunk sewer that would have been constructed under the
previous utility plan.
ACTION REOUESTED
The Council is asked to discuss the revised utility plan.
Attachments
Location Map ,/
Revised Utility Plan /
Preliminary Plat /
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Cc: Bruce Carlson, Kodiak Development 8512 1 24th Lane Champlin, MN 55316
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1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 .(763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
CC:
Mayor and Council Members
David Berkowitz, Acting City Administrator ~
TO:
FROM:
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Will Neumeister, Director of Community Development (;/eU---
SUBJECT: Animal Control Code Discussion - Planning
DATE:
May 22, 2007
INTRODUCTION
Attached is the current City Code section that specifies what people should do to control their
dogs and cats within the City of Andover. A recent situation was brought to our attention that
involves interpreting the code related to the use of invisible fencing. The Sheriff's office was out
to inspect the property numerous times and found no violations of the Code. Laura Landes
indicated that there is nothing that can be done, because the dog is not incessantly barking, and
the invisible fencing keeps the dog confmed to the dog owner's yard.
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DISCUSSION
This is an opportunity for the Council to review what the code says and if the Council feels it
should be updated, they may direct the staff to bring it to the Planning Commission for further
discussion. The code does not contain any reference to invisible fencing. As the staff
understands the situation, the complainant's neighbor's dog is allowed to roam freely in the front
and side yard adjacent to the resident's home (because the yard has invisible fencing). The
complainant feels the dog is a potential danger to their tenant and there needs to be a look at the
code to determine what can be done to deal with that aspect of the situation.
If the dog has become a nuisance, then there needs to be a formal complaint and the process of
dealing with the dog will come into play as outlined in the code to deal with a dangerous dog.
The CSO's have gone to the property numerous times to follow up on barking dog complaints but
did not fmd that to be the case. The complainant has called and discussed the situation with
Council Members at various times and this is the opportunity for the Council to discuss what
should be done to either rewrite the code or give direction to staff, or the property owner on the
next steps to take, if any are needed.
ACTION REOUESTED
The Council is requested to read over the Animal Control Code and determine what should be
done to resolve the situation of the resident who is complaining about their neighbor's dog.
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Respectfully Submitted,
c<d-
Will Neumeister
Attachment
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SECTION:
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5-1A-1:
5-1A-2:
5-1A-3:
5-1A-4:
5-1A-5:
5-1A-6:
5-1A-7:
5-1A-8:
5-1A-9:
5-1A-10:
5-1A-11:
5-1A-12:
5-1A-13:
5-1A-14:
5-1A-15:
5-1A-16:
5-1A-17:
5-1A-18:
5-1A-1 :
CHAPTER 1
ANIMAL CONTROL
ARTICLE A. DOGS AND CATS
Definitions
Dog Licensing Requirements; Exemptions
Number Of Dogs And Cats Restricted
Violations
Control Of Animal; Excrement Removal Required
Obligation To Prevent Nuisances
Impoundment And Redemption Provisions
Permissible Return Of Unrestrained Dogs And Cats
Improper Care And Treatment Prohibited
Muzzling Proclamation
Dangerous And Potentially Dangerous Dogs And Cats
Summary Destruction Of Certain Dogs
Dog Kennels
Dog Enclosures
Enforcement Officials
Citations
Abatement Of Nuisance Conditions
Violation; Penalty
DEFINITIONS:
ANIMAL SHELTER:
BITING DOG:
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Any premises designated by the City Council for the
purpose of impounding and caring for the dogs and
cats held under the authority of this article.
Any dog which, without being provoked, has bitten,
scratched, or caused other injury or threatens such
injury to a person or another domestic animal, under
circumstances where, at the time of the threat of
attack, the person or domestic animal was lawfully
on the premises upon which the victim was legally
entitled to be, or the victim was on the premises
owned or controlled by the owner of the dog, at the
express or implied invitation of the owner.
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DANGEROUS DOG/CAT: Any dog/cat that has:
A. Without provocation, inflicted substantial bodily
harm on a human being on public or private property;
or
B. Without provocation, killed or inflicted substantial
bodily harm on a domestic animal while off the
owner's property; or
C. Been found potentially dangerous, and after the
owner has been notified that the dog/cat is potentially
dangerous, the dog/cat aggressively bites, attacks, or
endangers the safety of humans do s . . I.
DOG ENCLOSURE:
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KENNEL;
COMMERCIAL1:
KENNEL; PRIVATE 3 :
An enclosure (of sufficient size) constructed for
shutting in or enclosing dogs. The enclosure shall be
surrounded and covered with fencing material of at
least six feet (6') in height and of sufficient gauge to
ensure the dog's confinement. A cement pad of four
inches (4") in thickness shall be present that covers
the insi e and perimeter of the enclosure.
Any place where a person accepts dogs from the
general public and where such animals are kept for
the purpose of selling, boarding, breeding, training,
or grooming, except for a veterinary clinic. There
shall be a fenced yard or dog enclosures
present to prevent the running at large or escape of
dogs confined therein 2.
A place where more than three (3) dogs over six (6)
months of age are kept for private enjoyment and not
for monetary gain, provided such animals are owned
by the owner or the lessee of the premises on which
they are kept. There shall be a fenced yard or dog
enclosures present to prevent the running at large or
escape of dogs confined therein4.
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1 See also section 12-2-2 of this code, definition of "dog kennel, commercial",
2 See title 12, chapter 7 of this code for fence requirements and restrictions.
3 See also section 12-2-2 of this code, definition of "dog kennel, private"
4 See title 12, chapter 7 of this code for fence requirements and restrictions.
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It shall be considered a nuisance for any animal:
A. To bite, attack or endanger the safety of humans or
domestic animals;
B. To run at large; to habitually or frequently bark or
cry;
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C. To frequent school grounds, parks, or public
beaches while unrestrained;
D. To chase vehicles; to molest or annoy any
person if such person is not on the property of the
owner or custodian of the animal;
E. To molest, defile, destroy any property, public or
private; or
F. To leave excrement on any property, public or
private.
OFFICER:
Any law enforcement officer of the city and persons
designated by the city to assist in the enforcement of
this article. .
OWNER:
Any person, firm, partnership or corporation
owning, harboring, or keeping dogs or cats.
POTENTIALLY
DANGEROUS DOG/CAT: Any dog/cat that:
A. When unprovoked inflicts bites on a human or
domestic animal on public or private property;
B. When unprovoked, chases or approaches a
person, including a person on a bicycle, upon the
streets, sidewalks, or any public or private property,
other than the dog/cat owner's property, in an
apparent attitude of attack; or
C. Has a known propensity, tendency, or disposition
to attack unprovoked, causing injury or otherwise
threatening the safety of humans or domestic
animals.
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A dog or cat shall be deemed to be under restraint
if it is on the premises of its owner or if
accompanied by an individual and under that
individual's effective control. (Amended Ord. 233,
11-4-1997; amd. 2003 Code
5-1A-2:
DOG LICENSING REQUIREMENTS; EXEM.PTIONS:
A. License Required: No person shall own, keep, harbor or have custody of
any dog over six (6) months of age without first obtaining a license from
the City Clerk. No license shall be issued to any person other than the
owner except upon the written request of owner.
B. Application For License: Applications for license shall be made on forms
prescribed by the City Clerk, which form shall set forth the following:
1. The name, address and telephone number of the owner;
2. The name and address of the person making the application, if other
than the owner; and
o 3. The breed, sex, and age of the dog for which a license is sought.
C. Rabies Vaccination Required: Every application for a license shall be
accompanied by a certificate from a qualified veterinarian showing that the
dog to be licensed has been given a vaccination against rabies to cover
the licensing period. No license shall be granted for a dog that has not
been vaccinated against rabies for a time sufficient to cover the licensing
period. Vaccination shall be performed only by a doctor qualified to
practice veterinary medicine in the state in which the dog is vaccinated.
(Amended Ord. 233,11-4-1997)
D. License Fee; Expiration Of License: The license fee shall be in such
amount as set forth by ordinance 1 and shall expire in accordance with the
date shown on the license receipt. (Amended Ord. 233, 11-4-1997; amd.
2003 Code)
E. Nonresidents Exempt: This section shall not apply to nonresidents of the
. city; provided, that dogs of such owners shall not be kept in the city longer
than thirty (30) days without a license and shall be kept under restraint.
(Amended Ord. 233,11-4-1997)
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1 See subsection 1-7-3A of this code.
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5-1A-3: NUMBER OF DOGS AND CATS RESTRICTED: No
person, firm or corporation shall harbor more than three (3) dogs over the age of
six (6) months in anyone-family residence unit or place of business except
pursuant to Section 5-1A-13 of this article, and no person, firm or corporation
shall harbor more than three (3) cats over the age of six (6) months in any one-
family residence unit or place of business that is located on a parcel of land three
(3) acres or less. (Amended Ord. 233,11-4-1997)
5-1A-4:
VIOLATIONS:
A. Nuisance Dogs And Cats: No dog/cat shall be permitted to be a nuisance
within the limits of the city. Any person who owns, keeps, harbors or is in
physical control of a dog/cat that is a nuisance shall be in violation of this
article. (Amended Ord. 233, 11-4-1997)
B. Revoked Licenses: Any person who owns, keeps or harbors or is in
physical custody of any dog within the city, for any period of time, which
dog has had its license revoked, shall be in violation of this article.
(Amended Ord. 233, 11-4-1997; amd. 2003 Code)
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5-1A-5:
CONTROL OF ANIMAL; EXCREMENT REMOVAL
REQUIRED:
A. Control Required:
1. The restriction imposed by Section 5-1A-4 of this article shall not
prohibit the appearance of any dog or cat upon streets or public property
when such dog or cat is on a leash and accompanied by an individual or
accompanied by and under the control and direction of an individual so as
to be as effectively restrained by command as by leash.
2. Dogs or cats that are on or directly adjacent to all athletic fields must be
leashed.
B. Removal Of Excrement: Owners are required to clean up and
dispose of their pet's excrement. (Amended Ord. 233, 11-4-
1997; amd. 2003 Code)
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5-1A-6: OBLIGATION TO PREVENT NUISANCES: It shall be the
obligation and responsibility of the owner or custodian of any animal in the city,
whether permanently or temporarily therein, to prevent such animal from
committing any act which constitutes a nuisance. Failure on the part of the owner
o or custodian to prevent his or her animals from committing an act of nuisance
shall be subject to the penalty herein provided. (Amended Ord. 233, 11-4-1997)
5-1A-7:
IMPOUNDMENT AND REDEMPTION PROVISIONS:
A. Impoundment Of Dogs And Cats:
1. Unrestrained Dogs And Cats: Unrestrained dogs and cats may be taken
by any "officer" as hereinbefore defined and impounded in an animal
shelter and there confined in a humane manner. Impounded dogs and
cats shall be kept for not less than five (5) regular business days unless
reclaimed prior to that time by their owner as provided hereafter.
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2. Dangerous Dogs And Cats:
a. Whenever any owner of a dog/cat shall learn that such dog/cat
has bitten, attacked, or threatened any other human being or domestic
animal, such owner shall immediately impound said dog/cat in a place of
confinement where it cannot escape or have access to any other human
being or animal, and it shall also immediately notify any peace officer,
dog/cat catcher, or other person authorized by the City Council. Whenever
such authorized person, peace officer or dog/cat catcher shall learn that
any human being has been bitten by any dog/cat within the city, he/she
shall ascertain the identity of such dog/cat and the persons who might
meet the definition of owner as found elsewhere in this article, and shall
immediately direct such person to forthwith impound such dog/cat as
required herein. If in the opinion of such peace officer, dog/cat catcher, or
other authorized person, the owner of such a dog/cat cannot or will not so
impound the dog/cat, such peace officer, dog/cat catcher, or other
authorized person shall transport such dog/cat to the pound under
contract to the city. Any dog/cat so impounded shall be kept continuously
confined for a period of fourteen (14) days from the day the dog/cat bit a
human being. The cost of such impounding and confinement shall be
borne by the owner of the dog/cat, if such owner can be found, which
costs shall be as stated for impounding and confinement elsewhere in this
article.
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b. Upon learning that a dog/cat has bitten a human being, the
peace officer, dog/cat catcher, or other authorized person shall
immediately notify the City Health Officer and inform him/her of the place
where the dog/cat is impounded. It shall be the duty of the City Health
Officer to inspect said dog/cat from time to time during its period of
fourteen (14) days' confinement, and to determine whether or not such
dog/cat may be infected with rabies. For this purpose, he/she shall have
access to the premises where such dog/cat is kept at all reasonable
hours, and may take possession of the dog/cat and confine it at such
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place as he/she deems appropriate at the expense of the owner.
c. If an owner has impounded a dog/cat pursuant to the request of
a peace officer, dog/cat catcher, or other authorized person, the owner
shall promptly transport said dog/cat to the pound under contract to the
city for the purposes stated above. If the owner refuses to do so, and
refuses to allow a peace officer, dog/cat catcher or other authorized
person to transport the dog/cat to the contract pound, the owner shall be
in violation of this article.
B. Notice Of Impoundment:
1. Posted Notice: Upon taking up and impounding any dog or cat, the
animal control officer shall, within one day thereafter, have posted in the
City Hall a notice of impounding in substantially the following form:
NOTICE OF IMPOUNDING DOG/CA T:
Date
,20_
To whom itmay concern:
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We have this day taken up and impounded in the pound of the city at
, a dog/cat answering the following description: sex
color breed approximate age
name of owner (if known)
Notice is hereby given that unless said dog/cat is claimed and
redeemed on orbefore o'clock_ .M., on the day of
, 20_ , the same will be sold or humanely destroyed as
provided by ordinance.
Signed:
Animal control officer/city official
2. Written Notice: If the owner of said dog or cat be known, written notice
of impounding, in lieu of posted notice, shall be given to the owner thereof
either by mail or personal service.
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3. Effect Of Notices: The date of sale or humane destruction of the dog or
cat shall be the sixth day after posting of the notice or giving notice unless
the animal shelter at which the dog or cat is impounded is closed to the
public, in which case, it shall be the following day. (Amended Ord. 233,
11-4-1997)
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C.
Redemption Of Impounded Dogs And Cats: Any dog or cat may be
reclaimed from the animal shelter by its owner within the time specified in
the notice by the payment to the City Clerk or hislher designate of the
license fee (if not paid for the current period) with an impounding fee as
set by contract with the city's animal control officer. Notwithstanding this
subsection, the owner shall remain subject to all penalties contained in
this article. (Amended Ord. 233, 11-4-1997; amd. 2003 Code)
D. Disposition Of Unclaimed Dogs And Cats: .
1. Sale: Any dog or cat which is not claimed as provided in Subsection B
of this section, within five (5) days, after posting of the impoundment
notice, may be sold for not less than the expenses incurred for
impoundment, if not requested by a licensed educational or scientific
institution under Minnesota state law. All sums received from the sale of
dogs or cats under this subsection shall be deposited into the general fund
of the city.
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2. Destruction: Any dog or cat which is not claimed by the owner or sold or
transferred to a licensed educational or scientific institution shall be
painlessly and humanely destroyed and buried by the animal control
officer. (Amended Ord. 233, 11-4-1997)
5-1A-8: PERMISSIBLE RETURN OF UNRESTRAINED DOGS AND
CATS: Notwithstanding the provisions of Subsection 5-1A-7A of this
article, if an animal is found unrestrained and its owner can be identified
and located, such animal need not be impounded but may, instead, be
taken to the owner. In such cases, however, proceedings may be taken
against the owner for violation of this article. (Amended Ord. 233, 11-4-
1997)
5-1A-9:
IMPROPER CARE AND TREATMENT PROHIBITED:
A. No owner shall fail to provide any animal with sufficient good and
wholesome food and water, proper shelter and protection from the
weather, veterinary care when needed to prevent suffering, and with
humane care and treatment.
B. No person shall beat, treat cruelly, torment or otherwise abuse any animal,
or cause or permit any dog or cat fight. No owner of a dog or cat shall
abandon such animal. (Amended Ord. 233, 11-4-1997)
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5-1A-10: MUZZLING PROCLAMATION: Whenever the prevalence of
rabies renders such action necessary to protect the public health and safety, the
Mayor shall issue a proclamation ordering every person owning or keeping a dog
to muzzle it securely so that it cannot bite. No person shall violate such
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proclamation, and any unmuzzled dog unrestrained during the time fixed in the
proclamation shall be subject to impoundment as heretofore provided, and the
owner of such dog shall be subject to the penalty hereinafter provided. (Amended
Ord. 233,11-4-1997)
DANGEROUS AND POTENTIALLY DANGEROUS DOGS
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Dangerous Dogs And Cats: In the event that a complaint is received
which, in the judgment of the City Clerk, occurred under circumstances
which would justify the classification of the dog/cat as a dangerous dog/cat
under this article, the City Clerk shall place the issue on the next available
agenda of the City Council and shall notify the owner of the dog/cat, in
writing, of the time and place of the Council meeting at which the matter
shall be heard. The notice shall inform the owner that a request has been
made to classify the dog/cat as a dangerous dog/cat and the City Council
shall hear such facts as any interested parties may wish to present, and
shall, by resolution, determine whether or not to classify the dog/cat as a
dangerous dog/cat. Such a determination shall be made upon the basis of
whether or notthe criteria as found in Section 5-1A-1 of this article,
definition of the term "dangerous dog/cat", have been met. No variances
shall be permitted from the strict terms of said definition. In the event a
dog/cat is classified as a dangerous dog/cat, the following shall apply:
1. The owner of the dog/cat shall be notified in writing and by certified mail
or personal service, that the dog/cat has been classified as a dangerous
. dog/cat and shall be furnished with a copy of the resolution.
2. If the dog/cat was impounded and photographs or other identifying
characteristics obtained, such photographs or other identifying materials
shall be placed in a permanent file indexed under the owner's name, If the
dog/cat is not impounded, the owner shall be notified that the dog/cat
license shall be revoked unless, within ten (10) days after receipt of the
notice, the owner fumishes to the city suitable photographs or other
identifying materials of the dog/cat, or makes the dog/cat available for the
taking of photographs by city staff for insertion in the permanent files.
3. The City Clerk shall maintain a permanent file of all dogs/cats classified
as dangerous dogs/cats indexed under the owner's name.
4. No person may own a dangerous dog/cat in the city unless the owner
complies with this section. Compliance with the registration requirement of
Minnesota Statutes Section 347.51 shall constitute compliance with this
article. The owner of the dangerous dog/cat must present sufficient
evidence that:
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a. A proper enclosure exists for the dangerous dog/cat and a
posting on the premises with a clearly visible warning sign,
including a warning symbol to inform children that there is a
dangerous dog/cat on the property; and
b. A surety bond issued by a surety company authorized to conduct
business in the State of Minnesota in a form acceptable by the city
in the sum of at least fifty thousand dollars ($50,000.00) payable to
any person injured by the dangerous dog/cat, or a policy of liability
insurance issued by an insurance company authorized to conduct
business in the State of Minnesota in the amount of at least fifty
thousand dollars ($50,000.00), insuring the owner of any personal
injuries inflicted by the dangerous dog/cat. The requirements for the
warning sign or warning symbol shall be those as set forth in
Minnesota Statutes Section 347.51. (Amended Ord. 233,11-4-
1997)
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c. The owner of a dangerous dog/cat shall keep the dangerous
dog/cat, while on the owner's property, in a proper enclosure. If the
dog/cat is outside the proper enclosure, the dog/cat must be
muzzled and restrained by a substantial chain or leash and under
the physical restraint of an individual. The muzzle must be made in
a manner that will prevent the dog/cat from biting any person or
animal but that will not cause injury to the dog/cat or interfere with
its vision or respiration.
d. The animal control authority for the city shall immediately seize
any dangerous dog/cat if: 1) after fourteen (14) days after the
owner has been notified that the dog/cat has been declared a
dangerous dog/cat, the dog/cat is not validly registered as set forth
herein; 2) after fourteen (14) days after the owner has been notified
that the dog/cat has been declared a dangerous dog/cat, the owner
does not secure the proper liability insurance or surety coverage as
applied by this article; 3) the dog/cat is not maintained in the proper
enclosure; or 4) the dog/cat is outside the proper enclosure and not
under physical restraint of an individual. (Amended Ord. 233, 11-4-
1997; amd. 2003 Code)
5. The following are exceptions to the dangerous dog/cat classification:
a. The provisions of this section do not apply to dangerous
dogs/cats used by law enforcement officials for official work.
o
b. Dogs/cats may not be declared dangerous ifthe threat, injury, or
damage was sustained by a person: 1) who was committing a
willful trespass or other tort upon the premises occupied by the
o
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Potentially Dangerous Dogs And Cats: In the event that a complaint is
received which, in the judgment of the City Clerk, Sheriff's Deputy, animal
control officer, or other duly authorized person, occurred under
circumstances which would justify the classification of the dog/cat as
potentially dangerous under this article, the City Clerk shall notify the
owner of the dog/cat, in writing, that the dog/cat has been classified as
potentially dangerous under this article. Said notice shall further inform the
owner that should the dog/cat again aggressively bite, attack, or otherwise
endanger the safety of humans or domestic animals, the city may declare
the dog/cat to be a dangerous dog/cat and be subject to the restrictions
thereon, including abatement. Said authorization shall forward a copy of
the notice of potentially dangerous dog/cat to the City Clerk. (Amended
Ord. 233, 11-4-1997; amd. 2003 Code)
5-1A-12: SUMMARY DESTRUCTION OF CERTAIN DOGS: Whenever an
officer has reasonable cause to believe that a particular dog presents a clear and
immediate danger to residents of the city because it is infected with rabies
(hydrophobia) or because of a clearly demonstrated vicious nature, the officer,
after making reasonable attempts to impound such dog, may summarily destroy
said dog. (Amended Ord. 233,11-4-1997)
5-1A-13:
A.
owner of the dog/cat; 2) who was provoking, tormenting, abusing or
assaulting the dog/cat or who can be shown to have repeatedly, in
the past, provoked, tormented, abused, or assaulted the dog/cat; or
3) who was committing or attempting to commit a crime.
6. Nothing in this chapter, nor the enactment of any other procedures
herein enumerated, shall be deemed to limit, alter, or impair the right of
the city or any person to seek enforcement through criminal prosecution of
any violation of this article, and the fact the city may be pursuing
classification of a dog/cat under this article shall prevent or prohibit the
prosecution at the same time of an owner of a dog/cat for violation of this
chapter under facts arising from the same occurrence as that which
generated classification procedures. The classification procedures shall be
in addition to, and not in place of, criminal prosecution under other
portions of this chapter or other ordinances. (Amended Ord. 233, 11-4-
1997)
DOG KENNELS:
Licensing Requirements:
1. Licenses Required: No person, firm or corporation shall operate or
maintain a commercial or private kennel without first securing a kennel
license therefore from the City Council and meeting the criteria as set forth
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in this article and/or the zoning ordinance 1 .
2. Applications For Licenses; Fees:
a. Application for a kennel license shall be made on forms provided
by the city. Such application shall contain the following information:
(1) Location, on premises, of the kennel.
(2) Location of structures for housing the dogs. If the dogs are to be
kept primarily within the home or other building of the residence of
the applicant or of any other person, the application shall so state.
(3) The maximum number of dogs to be kept on the premises.
(4) The location, size, and height of dog enclosures, if present.
(5) The location and type of fencing (if present); fencing to be of
such quality, design and height so that it will contain the dogs 2 .
(6) Method to be used in keeping the premises in a sanitary
condition.
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(7) Method to be used in keeping dogs quiet.
(8) An agreement by the applicant that the premises may be
inspected by the city at all reasonable times.
b. The City Council may impose additional requirements to be
stated in the application or more restrictive requirements than those
listed in Subsection A2a of this section to protect the health, safety,
general welfare and morals of the general public. (Amended Ord.
233, 11-4-1997)
c. Application for such license shall be made to the City Clerk and
shall be accompanied by a specified license fee that shall be as set
in Subsection 1-7 -3A of this code.
3. Approval Or Denial Of Licenses: The City Clerk shall refer private
kennel license applications to the City Council and commercial kennel
license applications to the Planning and Zoning Commission as set forth in
the zoning ordinance. In both cases, the City Council may grant or deny
the license.
o
4. Renewal Of Licenses: All kennel licenses shall be renewed annually.
1 See section 12-15-6 of this code.
2 See title 12, chapter 7 of this code for fence regulations and restrictions.
Q
Application for such license renewal shall be made to the City Clerk and
shall be accompanied by a specified license fee, which annual license fee
shall be in such amount as set forth by ordinance 1. The City Council shall
review and approve all license renewal applications, provided no
revocation of the license is made as specified in Subsection A6 of this
section.
5. Requirements For Private/Commercial Kennel Licenses: A minimum of
two and one-half (2.5) acres in a residentially zoned district is required for
a private/commercial dog kennel license (provided that the adjacent lot
sizes are predominately similar in size). A private/commercial dog kennel
license shall not be issued unless a Conditional Use Permit has been
granted by the City Council in accordance with the zoning ordinance.
Amended Ord. 233, 11-4-1997; amd. 2003 Code)
6. Revocation Of Licenses: Any kennel license may be revoked by
the City Council by reason of any violation of this article or by
reason of any other health or nuisance ordinance, order, law or
regulation.
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a. Private Kennel License: Before revoking a private kennel license,
the licensee shall be given notice of the meeting at which such
revocation is to be considered. Notice of the meeting shall be given
in writing five (5) days prior to said meeting. The licensee, if present
at said meeting, shall be given the opportunity to be heard.
b. Commercial Kennel License: A commercial kennel license may
be revoked by the City Council by the procedure established and
defined in the zoning ordinance.
B. Kennel Regulations: Kennels shall be kept in a clean and healthful
condition at all times, and shall be open to inspection by any health officer,
sanitarian, animal control officer, or the person charged with the
enforcement of this article, or any health or sanitary regulation of the city,
at all reasonable times. (Amended Ord. 233,11-4-1997)
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1 See subsection 1-7-3A of this code.
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5-1A-14:
DOG ENCLOSURES:
A. Purpose: It is the purpose of this section to abate existing nuisances and
to prevent nuisances created by site, odor, noise and sanitation due to
construction and placement of dog enclosures on private property.
B. Screening: Dog enclosures must be screened from view of adjacent
property.
Location: A dog enclosure shall not be placed closer than forty feet (40')
from an adjacent residential dwelling or principal structure and at least ten
feet (10') from side and rear lot lines. No dog enclosure shall be placed in
the front yard in all residential districts; and in the R-4 single-family urban
district, no dog enclosure shall be placed in the side yard.
D. Sanitation Requirements: No person shall permit feces, urine, or food
scraps to remain in an enclosure for a period that is longer than
reasonable and consistent with health and sanitation and the
prevention of odor.
E.
Applicability And Effect Of Provisions: This section shall be applicable to
all dog enclosures constructed after July 18, 1995. Any preexisting dog
enclosure for which the city receives a complaint that it is not kept in a
clean and sanitary condition or is a nuisance to an adjacent property
owner shall be required to comply with this section by a notice of
compliance being given by the City Administrator or his/her duly
authorized agent. Failure to comply with such notice within thirty (30) days
of issuance shall be a violation ofthis article. (Amended Ord. 233, 11-4-
1997)
5-1A-15: ENFORCEMENT OFFICIALS: The City Council may from time to
time appoint such persons as may be necessary to assist the police officers of
the city in the enforcement of this article. Such persons shall have police powers
insofar as is necessary to enforce this article, and no person shall interfere with,
hinder, or molest them in the exercise of such powers. (Amended Ord. 233, 11-4-
1997)
5-1A-16: CITATIONS: The animal control officer, or his/her designee, shall
be authorized to issue citations for violations of this article. (Amended Ord. 233,
11-4-1997)
5-1A-17:
ABATEMENT OF NUISANCE CONDITIONS:
A.
Nuisances Subject To Abatement The following are declared
nuisances subject to immediate abatement by resolution of the
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City Council:
1. Any dog/cat that has, without provocation, inflicted "substantial bodily
harm" as defined by Minnesota Statutes Section 609.02, Subdivision 7a,
on any person; or
2. Any dog/cat that has engaged in conduct resulting in three (3) or more
established violations of this article for nuisance. An "established violation"
is any violation for nuisance declared as "established" by the City Council,
or which results in a conviction in a court of competent jurisdiction; or
3. Any established violation of this article for nuisance prece e y a
declaration by the City Council, based upon a prior incident, that the
dog/cat is a "daRgerous dog/cat" as defined by this article.
B.
Placement On Council Agenda; Notice Requirements: Upon
determination by the City Clerk of the existence of a nuisance subject to
abatement as set forth above, the City Clerk shall place the matter on the
agenda for the next regular meeting of the City Council for public hearing
and abatement consideration. Notice of the hearing and a copy of this
article shall be provided to the owners of the dogs/cats by regular mail
not later than seven (7) days prior to the hearing. The City Clerk may also
notify other concerned or interested parties.
o
C. Hearing For Abatement: Upon application and notice set forth above, a
public hearing shall be held before the City Council. The owners shall
have the opportunity to be heard and present relevant witnesses and
evidence. The City Council may also accept relevant testimony or
evidence from other interested persons.
D. Decisions By City Council: The City Council may, in its discretion, approve
or disapprove the application for abatement. If approved, the City Council
may order any of the following:
1. The dog/cat be forthwith confiscated and destroyed in a proper and
humane manner, and the costs incurred in confiscating, confining and
destroying the animal paid by the owner. Any costs unpaid after thirty-(30)
days of the order shall be assessed against the owner's property.
(Amended Ord. 233, 11-4-1997)
2. The dog/cat shall be removed permanently from the city limits within
forty-eight (48) hours of notice of the order. The dog license shall be
permanently revoked.
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3. Should the owner fail to comply with the order to abate, the city, in
addition to any other legal remedy, shall have the civil remedy of injunctive
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relief and may apply to a court of competent jurisdiction for an order
compelling compliance with the abatement order. (Amended Ord. 233, 11-
4-1997; amd. 2003 Code)
5-1A-18: VIOLATION; PENALTY: Any person who shall violate any
provision of this article shall. be guilty of a misdemeanor and, upon conviction
thereof, shall be punished as defined by state law. (Amended Ord. 233, 11-4-
1997)
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1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763)755-8923. WWW.CI.ANDOVER.MN.US
TO: Mayor and Council Members
CC: David Berkowitz, Acting City Administrator:r:DB
FROM: Will Neumeister, Director of Community Development wcL
SUBJECT: Discuss Time Limit on Building Permits - Planning
DATE: May 22, 2007
INTRODUCTION
Attached is the current City Code section that specifies there is one year to complete a
building permit (12-13-22). There are a few buildings in the City that are well past the one
year allowed and are in foreclosure. I have attached building permit information on three
examples where the situation exists. There perhaps are many more about to become in
violation because of the record number of new homes going into foreclosure in the Metro
e area.
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DISCUSSION
This is an opportunity for the Council to review what the code says and discuss whether they
want staff and the Attorneys office to pursue these cases.
ACTION REQUESTED
The Council is requested to read over the code section and determine what should be done to
resolve the situation of buildings that have gone beyond the one year allowed by City Code
to fmish the exterior of the home.
Respectfully Submi~
Will Neumeister
Attachment
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b. Common or painted concrete blocks;
c. Metal;
d. Galvanized steel (see subsection 12-13-22F of this chapter);
e. Structural clay tile;
f. Sheet metal, either corrugated or plain (see subsection 12-13-
22F of this chapter);
g. Similar materials.
2. Such materials, however, may be used as an accent material to
complement the architectural design and appeal of the building as
determined by the Andover Review Committee. The applicant shall
have the opportunity for the City Council to review architectural plans
and make a final determination of the materials and design. (Amended
Ord. 314 10-4-2005)
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12-13-21: COIN OPERATED MACHINES: Coin operated, automatic
machines dispensing food, soft drinks, and other food and materials shall be
governed as follows:
A. Shall not be permitted in residential districts except as approved by
Conditional Use .Permit as an accessory use within buildings housing
the principal use, and if residential, it shall contain four (4) or more
families.
B. Shall be permitted as an accessory use to recreation uses in general
recreation districts, provided they are within a building, under a
canopy, or otherwise protected from the elements; in no instance shall
they be located within any required yards.
C. Shall be permitted accessory uses in all business and industrial districts,
provided they are within a building or located outside the building
immediately adjacent to said building and protected from the elements
by an eave, canopy, or other permitted structure. (Amended Ord. 8, 10-
21-1970; amd. 2003 Code)
12-13-22: RESIDENTIAL BUILDING STANDARDS1: All permitted residential
structures in R-1, R-2, R-3, and R-4 zoning districts shall meet the following
C design criteria: .
1 See also title 9, chapter 1 of this code.
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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.
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 or tiles.
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.
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.
o
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.
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-t970; amd. 2003 Code)
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CITY OF ANDOVER
1685 CROSSTOWN BLVD NW
ANDOVER, MN 55304
763/755-8700 FAX: 763/755-8923
ADDRESS
PIN
LEGAL DESC
1759 133RD AVE NW
34-32-24-44-0085
HANSON MEADOWS
LOT 2 BLOCK 1
BUILDING
SINGLE-F AMIL Y RESIDENTIAL
NEW
PERMIT TYPE
PROPERTY TYPE
CONSTRUCTION TYPE
VALUATION $ 104,000.00
NOTE: SINGLE FAMILY SPLIT HOME. 1122 TOTAL SQUARE FEET ON 1ST FLOOR. TYPE OF CONSTRUCTION: V-B.
OCCUPANCY GROUP: R. DIVISION: 3. USE ZONE: R-4. NBL FINANCIAL CORPORATION 763-783-3400.
CHUCK 612-336-1426 LICENSE #20155754
OPTION "A" ENERGY CODE
SPECIAL CONDITIONS: POST INSPECTION CARD AND HAVE PLANS ON SITE FOR ALL INSPECTIONS.
C.O. UNITS 1 SAC UNITS
WATER METER
APPLICANT
NBL FINANCIAL CORPORATION
1550 91ST AVENUE NE
BLAINE, MN 55449
(763)783-3400
PERMITFEE- VALUATION
STATE SURCHARGE - VALUATION
PLANCHECKFEE-BLDG
CERTIFICATE OF OCCUPANCY
SAC FEE
SAC RET AINAGE FEE
SEWER HOOK-UP FEE
SEWER ADMINISTRATION
WATER PERMIT FEE
WATER METER
CONTRACTOR VERIFICATION FEE
PLAN CHECK FEE - TREES
TOTAL
PAID WITH CHECK # 34517
1,016.15
52.00
660.50
10.00
1,435.50
14.50
25.00
15.00
50.00
150.00
5.00
65.00
3,498.65
OWNER
NBL Financial
1550 91ST AVENUE NE
BLAINE, MN 55449
AGREEMENT AND SWORN STATEMENT
I hereby certifY that I have read and examined this application
and know the same to be true and correct. All provisions of
laws and ordinances governing this type of work will be
complied with whether specified herein or not. The granting
of a permit does not presume to give authority to violate or
el the provision of any otbl:r state or local law regulating
co struction or the erformance of construction.
L ' JU/":YI/ /l S
Date
This permit becomes null and void if construction authorized
is not commenced within 180 days, or if construction is
suspended for a period of 180 days at any time after work is
commence .
SEP ARA TE PERMITS REQUIRED FOR WORK OTHER THAN DESCRIBED ABOVE.
CITY OF ANDOVER
1685 CROSSTOWN BLVD NW
ANDOVER, MN 55304
763/755-8700 FAX: 763/755-8923
ADDRESS
PIN
LEGAL DESC
1747133RDAVENW
34-32-24-44-0086
HANSON MEADOWS
LOT 3 BLOCK I
BUILDING
SINGLE-FAMILY RESIDENTIAL
NEW
PERMIT TYPE
PROPERTY TYPE
CONSTRUCTION TYPE
VALUATION $ 94,000.00
NOTE: 1076 S.F. SPLIT HOME
TYPE OF CONSTRUCTION - V-B, OCCUPANCY GROUP - R, DIVISION - 3, USE ZONE - R-4,
STATE LICENSE #20155754
OPTION "A" ENERGY CODE
SPECIAL CONDITIONS: POST INSPECTION CARD AND HAVE PLANS ON SITE FOR ALL INSPECTIONS.
C.O. UNITS 1 SAC UNITS
WATER METER
.1
OWNER
PERNUTFEE-VALUATION
STATE SURCHARGE - VALUATION
PLAN CHECK FEE - BLDG
CERTIFICATE OF OCCUPANCY
SAC FEE
SAC RETAINAGE FEE
SEWER HOOK-UP FEE
SEWER ADMINISTRATION
WATER PERNUT FEE
WATER METER
CONTRACTOR VERIFICATION FEE
PLAN CHECK FEE - TREES
TOTAL
PAID WITH CHECK # 34518
951.75
47.00
618.64
10.00
1,435.50
14.50
25.00
15.00
50.00
150.00
5.00
65.00
3,387.39
APPLICANT
NBL FINANCIAL CORPORATION
1550 91ST AVENUE NE
BLAINE, MN 55449
(763)783-3400
NBL Financial
1550 91ST AVENUENE
BLAINE, MN 55449
AGREEMENT AND SWORN STATEMENT
I hereby certify that I have read and examined this application
and know the same to be true and correct. All provisions of
laws and ordinances governing this type of work will be .
complied withwhether specified herein or not. The granting
of a pennit does not presume to give authority to violate or
el the provisions f any other ~ate or local law regulating
co truction or the p rfonnance of construction.
/ 2J /:!dJ t2 ('
Date
This pennit becomes null and void if construction authorized
is not commenced within 180 days, or if construction is
suspended for a period of 180 days at any time after work is
commenced.
SEPARATE PERMITS REQUIRED FOR WORK OTHER THAN DESCRIBED ABOVE.
CITY OF ANDOVER
1685 CROSSTOWN BLVD NW
ANDOVER, MN 55304-
(763) 755-8700 FAX: (763) 755-8923
2101159THLNNW
T000206
N/A.
LOT N/A BLOCK N/A
PERMIT TYPE BUILDING
PROPERTY TYPE SINGLE-FAMILY RESIDENTIAL
CONSTRUCTION TYPE NEW
VALUATION $ 170,000.00
NOTE: OPTION "A" ENERGY CODE
SPECIAL CONDITIONS: POST INSPECTION CARD AND HAVE PLANS ON SITE FOR ALL INSPECTIONS.
DRESS
PIN
LEGAL DESC
03/02/2006
NBL FINANCIAL STATE LICENSE #20155754 SINGLE FAMILY TYPE OF CONSTRUCTION-V-B OCCUPANCY GROUP-R DIVISION-3
USE ZONE-R-4 NO. OF STORIES-2 1200 S.F. FIRST FLOOR 958 S.F. SECOND FLOOR 2158 S.F. TOTAL
2-1000 GALLON TANKS 1000 GALLON LIFT 4 DRAINFIELD TRENCHES WIPRESSURIZED LATERALS 1002 S.F. INSTALL
C.O. UNITS I
APPLICANT
NBL FINANCIAL CORPORATION
1550 91ST AVENUE NE
BLAINE, MN 55449
(763)783-3400
Minnesota State License #: 20155754
PERMIT FEE - V ALUA TION
STATE SURCHARGE - VALUATION
PLAN CHECK FEE - BLDG
CERTIFICATE OF OCCUPANCY
CONTRACTOR VERIFICATION FEE
PLAN CHECK FEE - TREES
TOTAL
PAID WITH CHECK # 36704
OWNER
NBL Financial
1550 91ST AVE. NE
BLAINE, MN 55449-
AGREEMENT AND SWORN STATEMENT
I hereby certifY that I have read and examined this application
and know the same to be true and correct All provisions of
laws and ordinances governing this type of work will be
complied with whether specified herein or not The granting
of a permit does not preswne to give authority to violate or
cancel the provisions of any other state or local law regulating
construction or the p formance of construction
/.Ir fJ/I
Date
This permit becomes null and void if construction authorized
is not commenced within 180 days, or if construction is
suspended for a period of 180 days at any time after work is
commenced.
SEP ARA TE PERMITS REQUIRED FOR WORK OTHER THAN DESCRIBED ABOVE.
1,385.75
85.00
900.74
10.00
5.00
65.00
2,451.49
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~NDbVER4I
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1685 CROSSTOWN BOULEVARD N.W. . ANDOVER,MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
TO: Mayor and Council Members
CC: Jim Dickinson, City Administrator
FROM: David D. Berkowitz, City Engineer
SUBJECT: Discuss Irrigation Agreement with Associations - Engineering
DATE: May 22, 2007
INTRODUCTION
The City Council is requested to discuss the merits of establishing an Irrigation Restriction
Agreement between the City and the many associations throughout Andover to help reduce the
abundant overuse of water.
DISCUSSION
Due to required water conservation measures from the Minnesota Department of Natural
Resources and the extremely high water use of associations throughout Andover, an irrigation
restriction agreement may be a means to work with the association to meet their needs for lawn
sprinkling and at the same time reduce the amount of water being used. Andover Public Works
has received several complaints from associations over the last few years regarding high water
bills.
An agreement between the City and associations could be an effective way to set the times the
associations can water other than the odd/even policy allowing them to run their system more
efficiently. This agreement would also establish a contact person that can work directly with
Public Works staff to address concerns and create open communications between both parties.
Attached is an example from the City of Eden Prairie that outlines the information required and
the irrigation time requirements.
ACTION REOUIRED
This is for discussion only. No action is required at this time.
Respectfully submitted,
CLlA2CJ. ~ Jd
David D. Berko~i;:~
Attachments: City of Eden Prairie Irrigation Restriction Agreement-/
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CITY OF EDEN PRAIRIE
IRRIGATION RESTRICTION AGREEMENT
FOR APARTMENTS, TOWN HOUSES
AND OTHER COMPLEXES
DATE OF APPLICATION:
CONTACT FOR HOMEOWNER'S ASSOCIATION:
TITLE:
NAME AND ADDRESS FOR ASSOCIATION (CITY/STATE/ZIP):
PHONE:
FAX:
CONTACT FOR MANAGEMENT COMPANY:
NAME / ADDRESS OF MANAGEMENT COMPANY (CITY/STATE/ZIP):
PHONE:
FAX:
* * * * * * * * * * * * * * * * * * * * * * * * * * **
PLEASE INDICATE WHICH ONE OF THESE REGULATIONS YOU WILL FOLLOW.
NOTE: No WATERING BETWEEN NOON AND 5 P.M. ON ANY DAY.
PER CITY ORDINANCE (ODD/EVEN)
WATER ONLY ON EVEN DAYS
WATER ONLY ON ODD DAYS
MONDAY / WEDNESDAY / FRIDAY ONLY
HALF WATERED ON EVEN/HALF WATERED ON ODD DAYS *
(A1TACH LIST NOTING WHICH ADDRESSES TO BE WATERED ON WHICH HALF DAJ?
OTHER ALTERNATE SCHEDULE *:
* PRE-APPROVAL REQUIRED FOR ALTERNATE SCHEDULES. SCHEDULE MUST BE CLEARLY
WRITTEN AND EASILY UNDERSTOOD FOR DETERMINING COMPLIANCE.
PLEASE ATTACH A LIST OF ALL ADDRESSES INCLUDED IN THIS AGREEMENT.
Return This Form and All Attachments To:
Ms. Leslie Stovring, Environmental Coordinator
City Of Eden Prairie, 8080 Mitchell Road
Eden Prairie, MN 55344
Phone: 952-949-8327 Fax: 952-949-8326
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S'\NDOViR41
C0
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
TO: Mayor and Council Members
CC: Jim Dickinson, City Administrator
FROM: David D. Berkowitz, City Engineer
SUBJECT: Discuss Request for Autistic Child Signs - Engineering
DATE: May 22,2007
INTRODUCTION
The City Council is requested to discuss resident's requests for impaired child signs such as,
Autistic Child, Deaf Child or Blind Child in the yard of a child with an impairment.
DISCUSSION
There has been a drastic increase in Autism in the last decade. Residents have contacted staff
requesting signs be posted in their front yard identifYing the home of an Autistic Child. The City
of Rochester recently approved an ordinance/policy that allows residents to fill out an
application, sign an agreement and pay a fee for an impaired child sign. Refer to attached
information from the City of Rochester's policy. Also included is an article from the Rochester
Paper.
Staff is currently researching statistics on Autism within Andover. This information will be
available at the meeting.
ACTION REOUIRED
Staff is requesting direction from the City Council on how to approach such requests and discuss
if a policy is needed to proceed with such postings.
Respectfully submitted,
0~o.~~-:I
David D. Berkowitz - -~
Attachments: City of Rochester's Application:"'Agreement and Fee Waiver Form & Article from
the Rochester Paper .,/
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City of Rochester
Permit Application for Impaired Child Sign
For placement within City Right-of-Way
Applicant Name
Street Address
City, State & Zip
Phone (---.J
Applicant must read, complete and sign the agreement on the back of this application prior to the
fabrication and installation of the sign.
TOTAL CURRENT COST = $200.00 (Includes fabrication, installation, and overhead)
Make check or money order payable to: City of Rochester
Return this form to: City of Rochester Public Works
Attention City Traffic Engineer
201 4th Street SE, Room 108
Rochester, MN 55904-3740
Age of Qualifying Child:
(signing will be provided up to 16 years of age)
Impairment for which the signing is requested:
Blind Child
Deaf Child
Autistic Child
City Use Only
Dated:
Permit No.
Payment Received:
Authorized:
Street
Area
MSA Route
City Of Rochester, MN
o Special Signing Permit Application, Impaired Child Signs
AGREEMENT
I (We) certify that a child (person under 16 years of age) with a qualifying impairment resides at the
addressed listed on the application, and that if this condition changes I (We) will notify the City.
I (We) agree to accept the sign format, design, structure, and location determined by the City of
Rochester in compliance with all pertinent state signing standards and to make payment in advance
sign fabrication and installation.
I (We) do also agree to participate in any additional maintenance and/or sign replacement costs
resulting from damage, vandalism, and other such occurrences beyond the control ofthe City. I (we)
agree to pay for all current costs required to repair the sign panels and/or structure. Iftotal
replacement is required, I (We) agree to pay the City in advance the current cost for a new sign
and/or structure. In addition, I (We) understand that I (We) will be billed in advance for replacement
costs at the time the sign must be refurbished due to natural deterioration.
I (We) understand the sign placement is conditional on renewal of the permit yearly. A renewal
application will be sent in June and must be returned within 30 days with a check to cover the
administration fee of $15. If the renewal application is not received, the City will assume the signs
are no longer required or wanted and they will be removed.
o
Applicant may obtain the salvaged sign panel within 30 days of removal on condition that the sign
shall not be reinstalled on any public right of way.
Applicant will hold the City harmless in the event the signs are placed and an injury occurs to the
qualifying child while the signs are in place.
Applicant will hold the City harmless in the event the signs are not placed or are removed and an
injury occurs to the qualifying child.
I (We), the undersigned, herewith accept the terms and conditions and agree to fully comply
herewith to the satisfaction of the City. The City may remove the sign for any failure to comply with
these terms and/or non-payment of any repair or replacement costs.
Applicant Name:
Date:
(Please Print)
Applicant Signature:
o
o
RIGHTS OF SUBJECTS OF GOVERNMENT DATA
IMPAIRED CHILD SIGN
"TENNESSEN WARNING"
In accordance with the Minnesota Government Data Practices Act, the City of Rochester is required to
inform you of your rights as they pertain to the information collected about you. Public information is
that information which is available to the general public; Private information is that information which
is available to you, not to the public: and confidential information is that information which is not
available to you or the public. The information we collect from you is either public or private. The
separation of that information is as follows:
PUBLIC - NAME AND ADDRESS OF APPLICANT(S) AT THE TIME OFAPPLICATION
PRIVATE - SOCIAL SECURITY INFORMATION, INCOME LEVEL, MEDICAL DATA,
HOME TELEPHONE NUMBER (MS 13.355 & 13.37(a))
The information collected and required from you is to determine your eligibility for a City of Rochester
Impaired Child Sign and/or Waiver of Sign Fee. /fyou do not supply the required information, the City
of Rochester will not be able to determine your eligibility.
The dissemination and use of the private data we collect is limited to that necessary for the
administration and management of the Impaired Child Sign program. Persons or agencies with whom
this information may be shared include:
CITY PERSONNEL INVOLVED IN DETERMINING YOUR ELIGIBILITY,
CONTRACTED PUBLIC AUDITORS, AND THOSE INDIVIDUALS TO WHOM YOU
GIVE YOUR EXPRESS WRITTEN PERMISSION.
o
Unless otherwise authorized by state statute or federal law, other government agencies utilizing the
reported private data must also treat the information private.
You may wish to exercise your rights as contained in the Minnesota Government Data Practices Act.
These rights include:
THE RIGHT TO SEE AND OBTAIN COPIES OF THE DATA MAINTAINED ON YOu.
THE RIGHT TO BE TOLD THE CONTENTS AND MEANING OF THE DATA.
THE RIGHT TO CONTEST THE ACCURACY AND COMPLETENESS OF THE DATA.
To exercise these rights, contact the City Clerk's Office, Room135, City Hall, Rochester, Mn. 55904
*******************************************************************
I HAVE READ AND UNDERSTAND THEABOVE INFORMATION REGARDING
MY RIGHTS AS A SUBJECT OF GOVERNMENT DATA.
(Signature of Data Subject)
(Date)
o White Copy - City Clerk's Office
Buff Copy - Applicant
o
o
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APPLICATION FOR WAIVER OF SIGN FEE
FOR IMPAIRED CHILD
Complete the information below to request waiver of the $200.00 cost for sign materials and
installation for Impaired Child Signing.
Please attach a copy ofthe Application for Impaired Child Sign filed with the Public Works
Department.
Name
Address
Home Phone Number
Household Income (annual)
Do you file income tax returns?
Please provide a copy of most recent year federal income tax retum. If you no longer file income
taxes, please provide us with a Social Security Benefit Statement and indicate any other income
sources.
Signature
Date
Please return this form along with any other documentation requested to:
City Clerk's Office
City Hall
201 4th Street SE
Rochester MN 55904
If you have any questions about the application form or documentation required, please call
the City Clerk's Office at 507.285.8086
Revised 02/27/07
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(1)
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304
MAIN (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
TO:
Mayor and Councilmembers
David Berkowitz, Acting City Administrato~
Will Neumeister, Community Development Director cd-.
CC:
FROM:
SUBJECT: Subdivision Code Update Discussion - Planning
DATE:
May 22, 2007
INTRODUCTION
As approved at the Council workshop on January 23, 2007, and also at the March 20th Council
workshop, staffhave undertaken updating the Subdivision Code. This report summarizes the issues
identified as significant changes related to the Subdivision Code update. Significant areas of change
are highlighted on the attached summary sheet. The City Attorney has reviewed the proposed changes
and attached is his opinion on the changes. The changes he wanted have been incorporated into the
attached copy.
As previously stated, much of the current Code dates from the 1972 draft of the City Code. The
Subdivision Ordinance was in need of updating to reflect current policies, defInitions, and
requirements. Staffhas spent four months preparing changes to this section of code. Because there
are quite a few new code changes, staff wanted Council to see where the biggest changes are
proposed, before we take it to any public meetings (at the Planning Commission) for review.
DISCUSSION
Proposed noteworthy changes include:
1. Park Dedication:
a. Reworked the methodology for figuring the cash payment or land contribution If a cash
dedication is required, then the justification for the per-lot fee must be based on a Park Study
instead of 10% of the market value of the land. If land is to be dedicated, then credit for land
needs to be based on value ofland at the time of final plat (i.e. lot price minus improvement
costs).
b. Credit for certain park improvements made by developers (previously missing from code).
c. Establishing a trail fee and requiring a cash contribution for trails (previously missing from
code).
d. Collecting a park fee and trail fee on lot splits (previously missing from code).
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e. City will pay for regional trail and the developer will pay for sidewalk and internal trails
(previously missing from code).
2. Required Improvements
a. Utilities: The subdivision ordinance should require developers to construct utilities to the
edge of property, or at least into an easement that reaches the end of the property of the
project. Current Code does not require this, so some buildable tracts are held hostage (i.e.
can not begin to develop) until others finish developing.
b. Intersection Improvements: The Code needs justification and a process for collection of
funds for on- and off-site intersection and roadway improvements.
c. Street Lights: The code will specifically state that the developer must install street lights.
d. Sidewalks and Trails: Language establishing a trail fee is needed for both regional and local
trails. The Code also needs language linking statutory authority to require sidewalks to the
trails map.
e. Lot Splits: The Code needs to provide differentiation between the requirements for lot splits
and subdivisions.
f. Phased Construction: A section has been added to require developers to extend utilities and
streets to adjacent properties.
g. Trunk Oversizing: A section has been added that indicates oversizing costs will be
reviewed by the City and oversizing may be required to be done following the City's
Development guidelines for infrastructure costs.
h. Overhead Utilities: A section has been added that requires developers to bury all existing
overhead lines.
i. Dead or Diseased Trees: A section has been added that requires developers to remove all
dead or diseased trees.
3. Traffic Impact Study: This is currently absent from the code and will only be used on major
developments.
4. Sketch Plan Process and Fee: This is currently absent from code.
5. Preliminary and Final Plat Application / Checklist: Checklists for both preliminary and [mal
plat requirements are adopted by reference and this will be annually adopted. This will allow it to
be current as to what the requirements are and it also shortens the code (see attached checklists).
6. Time Between Meeting Dates (Title 11-2-2-B-6): This section creates processing and legal
issues and needs to be rewritten. Staff currently uses a "Meetings and Applications Deadlines"
handout that tells applicants when their items will move forward.
7. Major & Minor Collector Streets: Definitions based on traffic counts were added to
differentiate the two. Minor collectors would be permitted to have driveway access.
8. Sodding of County Rights-of-Way: The Subdivision Ordinance regulates the design and
installation of boulevard sod. Changes include sodding boulevard areas of both sides of double-
frontage lots (including the county ditches).
Please note that we have also identified many small changes that should be made. This includes small
word changes in the definitions, updating references to State Statute, and replacing other outdated or
obsolete language. The attached draft shows all these proposed changes.
o ACTION REQUESTED
Staff will go over the significant changes at the meeting and ask the Council if it is ready to go
forward to the Planning Commission for public hearings. However because of how much there is to
read and understand it may take more than one meeting to go through all the details. The revisions
will not go forward to the Planning Commission for review until staffhears from the Council this is
acceptable to move forward on.
Respectfully SUb~
Will Neumeister
Attachments
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05/",0/2007
LAW OFFICE 2140 4TH AVE 7 7558923 NO. 226 ~02
///l+--L~A. ...:..vj.... /'i. .....~... _ll~:.~.~~
..Z7'~t::/f'.-" .. r...AJtrJ
Wzlliam G. Hawkins and Associlltes
~w l).mw Or
14:52
1:
WILLIA.M G, HAWKI.N's
SCOIT C. BAUMGAlITNER
DAVID E. FrsClillR
Legal Asaisl4nJs
T AMMl J. UVEGES
HOLLY G, PRovo
2140 FOURl'HAvENIJE NOIlfli
ANoKA. MINNEsarA 55303
PIrONE (763) 427-88n
FAX (763) 421-4213
B-MAn. Hawld.awl@aol.clJlII
May 10, 2007
Mr. Jim Dickinson
City of Andover
1 685 Crosstown Boulevard NW
Andover. MN 55304
o
Will Neumeister
City Planner
Andover City Hall
1685 Crosstown Boulevard NW
Andover, MN 55304
Re: Subdivision Ordinance
Dear Jim and WlIl:
I have had an opportunity. to review the proposed changes to the subdivision
regulations to determine whether or not there are any legal issues that we should be
concerned with. The following are my comments.
Page 5 - MAINTENANCE ACCESS. You've added this definition and I am wondering
what the purpose of this is since generally the City owns the property or has an
easement and has the right to ac~ess the property for maintenance.
Page 6 - PUBLIC IMPROVEMENTS. Under this definition you've added the word
roadways. Roadways are a township term and I don't believe we need it in this
definition since streets cover our traveled areas in the City,
Page 6 - RIGHT-OF-WAY. Under this definition I would add the word grant as
another way of the City acquiring right-of-way as a direct execution of an easement
to the City.
o
Page 8 - EASEMENTS TO BE DEDICATED. You've listed trails and maintenance
access, I'm not Sure that these can be put on a plat pursuant to Minnesota Statute
Chapter 505. You may want to check with the county surveyor to see whether or
'-,
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05,<10/2007
14:52
LAW OFFICE 2140 4TH AVE ~ 7558923 NO.225 ~03
/14; /iii--:-:~V1.'--::'---:=:'-::~Ji';--------
- "NJ:;,I-"$-__<:Jcm _ ,., _______ '___.
not they will accept plats which show trails and maintenance accesses as being
dedicated easements.
Page 11 - VARIANCER You have deleted all of the requirements being set out in
the ordinance. Minnesota Statute 462.358 states that the subdivision regulations
may provide for procedurefoT varying from the regulations as they apply to specific
properties for an unusua! hardship on the land exists but variances may be granted
onty upon the specific grounds set forth in the regulations. The variance language
that you have used COmes from the City zoning code. I would like to see the
language included in this ordinance since some of the language in a section may not
apply to subdivisions. I don't think there is any need for a reference to Minn. Stat. ,
462.358 since you will have the specific standards in thIS ordinance.
. . . ." .
Page 15 - Number 5. Mi~n. Stat.~ 394.26 is cited. This is a statute that governs
county zoning matters. A public hearing process for cities on consideration of
preliminary plats is Minn. Stat. !i462.358 and I would recommend it be used.
Page 33 - Section 11-3-7. I've reviewed this section regarding park dedication and
find nothing that cause anyleg<:ll con~erns. I do note that on page 36 there is a note
that they are walting for some language from Jim and Todd so if there are changes to
the language in the ordinance that are not included in my draft please provide them to
me .for review. '
Page 41 - Section 11-4-3. A. I would delete the part about furnishing an [rrevocab!e
letter of credit with a corporate surety and state that that must be with a banking
institution acceptable to the .City.
l have no other legal concerns with the ordinance. Clearly there are substantial
changes being made to some of the practical provisions of the ordinance pertaining to
applications. forums and requirements, however, none of them raise legal Concerns
but should be reviewed by the City Council regarding the practicality.
~
William G. Hawkins
WGH/hgp
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TITLE 11 REVISED
SUBDIVISION REGULATIONS
Subject
Chapter
o
General Subdivision Provisions ................................. 1
Subdivision Plats And Procedures .............................2
Design Standards ....................................................., 3
Required Improvements., ................... ......,...,...,... .....,4
o
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SECTION:
11-1-1 :
11-1-2:
11-1-3:
11-1-4:
11-1-5:
11-1-6:
11-1-7:
11-1-8:
11-1-9:
11-1-10:
CHAPTER 1
~'\
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GENERAL SUBDIVISION PROVISIONS
Short Title
Interpretation, Scope And Application Of Provisions
Platting Authority
Definitions
Easements To Be Dedicated
Restrictions On Filing And Recording Conveyances
Restrictions On Issuance Of Permits
Previously Approved Plats Exempt
Variances
Enforcement And Penalty
11-1-1: SHORT TITLE: This title shall be known as the SUBDIVISION
ORDINANCE OF THE CITY and will be referred to herein as "this title".
(Amended Ord, 10,2-15-1972)
I
2 11-1-2:
3
4 A.
5
6
7
8
9
10
11 8,
12
13
14
15
0 16 .
17
18
INTERPRETATION, SCOPE AND APPLICATION OF
PROVISIONS:
Interpretation And Scope: All land subdivisions within the city shall
equal or exceed the standards set forth in this title. The standards
established by this title are not intended to repeal, abrogate, annul or
impair private agreements or restrictive covenants, including state and
county regulations running with the land, which are equal to or more
restrictive than the standards hereby established; except, that the most
restrictive shall apply.
Application Of Provisions: The provisions of this title shall apply to all
Registered Land Surveys within the city, and the standards, regulations
and procedures hereof shall govern the subdivision of land by
Registered Land Survey. Building permits shall be withheld on tracts that
have been subdivided by unapproved Registered Land Surveys, and the
City shall decline to accept tracts as streets or roads or to improve,
repair or maintain such tracts within an unapproved Registered Land
Survey. (Amended Ord. 10,2-15-1972)
2
c
o
o
DRAFT
I
2
3
4
5
6
7
8
9
11-1-3: PLATTING AUTHORITY: The Council shall serve as the platting
.1-
authority in accordance with Minnesota La.....s of 1965, Chapter 670 Minnesota
State Statutes Chapter 462.358. No plat, replat, subdivision of land or
Registered Land Survey shall be filed or accepted for filing by the County
Recorder unless it is accompanied by a certified copy of a resolution adopted by
the affirmative vote of a majority of the members of the Council approving such
plat, replat, subdivision of land or Registered Land Survey, (Amended Ord. 10,2-
15-1972)
10
II 11-1-4: DEFINITIONS: For the purpose of this title, certain words and
12 terms are hereby defined as follows:
13 ALLEY:
14
A public right-of-way which affords a secondary means of
access to abutting property. No alley shall be allowed.
15 ANDOVER
16 REVIEW
17 COMMITTEE
18 (ARC):
19
20
21
22
23
24
25
26
27
28 BLOCK:
29
30
31
32
Consists of the following departments:
Administration
Building
Engineering
Finance
Fire
Planning and Zoning
Police!Public Works
An area of land within a subdivision that is entirely
bounded by streets, or by streets and the exterior
boundary or boundaries of the subdivision, or a
combination thereof with a stream or lake.
33 BOULEVARD:
34
35
That portion of the street right-of-way between the curb
line or edae of street that has no curb and the
property line.
36 BUILDABLE LOTS: Lots that conform to the requirements of Section 11-3-6 of
37 this title.
38 BUTT LOT:
39
A lot at the end of 3 block located between two (2) corner
lots.
3
DRAFT
C I CITY COUNCIL: Council of the City of Andover.
2
3
4 COMPREHENSIVE
5 PLAN: Unless otherwise stated, it is the general plan for land use,
6 transportation, and community facilities prepared and
7 maintained adopted by the community Planning and
8 Zoning Commission City Council.
9 DESIGN
10 STANDARDS: The specifications to landowners or subdividers for the
11 preparation of plats, both preliminary and final, indicating
12 among other things, the optimum, minimum or maximum
13 dimensions of such items as rights-of-way, blocks,
14 easements, lots, etc.
15
16 EASEMENT: A grant by a property owner for the use of a portion of
17 land for the express purpose of constructing and
18 maintaining roadways. trails. slopes... =GF grade
19 transitions... =GF utilities, including, but not limited to,
20 electric and telephone lines, sanitary and storm sewer
21 lines, water lines. surface drainageways, cable TV, and
22 gas lines,
0 23
24 ENGINEER: Denotes the City Engineer unless otherwise stated.
25
26 FINAL PLAT: A drawing or map of a subdivision that meets all of the
27 requirements of the City and is in such form as meets state
28 and county requirements for purposes of recording.
29
30 GRADE, SLOPE
31 OR GRADIENT: The rate of vertical rise or drop from any fixed horizontal line
32 or point.
33
34 IMPROVEMENTS: The construction or installation of public or private utilities
35 including, but not limited to, potable water, sanitary sewer
36 systems, storm sewers, roads and other thoroughfares,
37 sidewalks, trails. curbs and gutters, paving, barricades,
38 trees and other plantings, lighting, fuel or energy and the
39 transmission thereof, transportation systems or facilities
40 connected therewith and communication systems which are
41 necessary, desirable or convenient in the maintenance of the
42 health, safety and the general welfare.
43
44 LOT: A parcel of land delineated upon and thereafter described by
Q 45 reference to a plat, Registered Land Surveyor Auditor's
46 Subdivision, or other similar recorded dedicatory document.
4
DRAFT
0 I
2 MAINTENANCE
3 ACCESS: An access for the use of a portion of land and/or
4 easement for the express purpose of maintaininQ
5 municipal watermain. sanitary sewer. and storm sewer.
6
7 OPEN SPACES: Areas set aside for the preservation of natural open spaces
8 to counteract the effects of urban congestion and
9 monotony.
10
11 OWNER: Any combination involving a person; firm; corporation,
12 including a foreign, domestic or nonprofit corporation; a
13 partnership, including a limited partnership; a trust; a
14 political subdivision of the state; or other legal entity or
15 business organization, having sufficient legal proprietary
16 interest in the land sought to be subdivided to commence
17 and maintain proceedings to subdivide the same under
18 this title,
19
20 PARKS AND
21 PLAYGROUNDS: Public lands and open space in the city dedicated for use
22 for recreation purposes,
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24 PEDESTRIANl
25 TRAIL WAY: A public er ~ri'/ate right-of-way within or across a
26 block or blocks to provide access for pedestrians and
27 multi-users which also may be used for public and
28 private utilities,
29
30 PLANNING AND
31 ZONING
32 COMMISSION: The Planning and Zoning Commission of Andover.
33
34 PRELIMINARY
35 PLAT: The tentative drawing or chart indicating the proposed
36 layout of the subdivision to be submitted hereunder in
37 compliance with the Comprehensive Plan and those
38 regulations including required supporting data.
39
40 PROTECTIVE
41 COVENANTS: Contracts made between private parties as to the manner in
42 which land may be used, with the view of protecting and
43 preserving the physical and economic integrity of a given
44 area,
0 45
46 REQUIRED
5
0 1 PUBLIC DRAFT
2 IMPROVEMENTS: Those improvements in any proposed subdivision,
3 including streets, roadways, water and sanitarv sewer
4 systems, storm water drainage systems, sidewalks.
5 trails. and others which are required in connection with
6 the approval of any plat or other subdivision.
7
8 RIGHT -OF-WAY: T!:IB ~wBlisly e\':Rea area BeVi.V@eR ill;ijaseRt ~ri\'ate
9 ~re~eFty liRes '!.'it!:liR t!:le limits ef a street, ~eaestriaR '.'Jay,
10 er t!:lerew!!l!:lfare. A strip of land acauired bv dedication.
11 arant. reservation. prescription or condemnation
12 occupied or intended to be occupied bv a street.
13 sidewalk. trail. snow storaae. traffic control sians and
14 devices. utilities and utility structures and drainaae.
15 (Amended Ord. 314. 10-4-2005)
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17 SEASONAL
18 HIGH WATER
19 MARK: Is iRaisatea BY mettlea seils er The elevation of mottled
20 soils or is=the highest anticipated aroundwater table.
21
22 SKETCH PLAN: An informal drawing or sketch of the proposed development
0 23 submitted to the GIefk City for consideration prior to
24 submittal of the preliminary plat.
25
26 STREET: A ~wBlisly eWRea ri!!l!:lt 9f '/:ay aft'eraiR!!l ~rimaPf assess BY
27 ~eaestriaRs aRa ve!:lisles '.\'!:Iet!:ler aesi!!lRatea as a street,
28 Risn~.ifay, tRgnsYSRfaF~, ~ark\ifay, mas, ErJ9RYQ, fJr tHJ.':9-.1gr
29 et!:lBF\'1isB aBsi!!lRatBa.
30 A public or private roadway intended to be used for the
31 passaae or travel bv vehicles. pedestrians. bicvclists
32 and related maintenance activities. Streets may be local.
33 collector or arterials as defined bv the Comprehensive
34 Plan. (Amended Ord. 314. 10-4-2005)
35
36 Arterial Roads: The major traffic carriers feeding to the state highway
37 system. City arterials are comprised mostly of existing
38 county roads in the City as defined in the Comprehensive
39 Plan. Minimum new acce€€ €pacing €hall be six hundred
40 sixty feet (660').
41
42 MiRGJ: Local
43 Rural City
44 Street: A rwral reaa\'.Iay street located in the rural area that wRiGR
0 45 serves abutting properties and the local needs for a
46 neighborhood,
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MiRef Local
Urban City
Street:
A street located in the urban area used primarily for access
to the abutting properties and the local needs for a
neighborhood.
Maior Collector
Street: Collector street with 2.500 or fewer averaQe dailv trips
(AOn.
Minor Collector
Street: Collector street with more than 2.500 averaQe dailv trips
(AOn.
Collector Stroots: Foodors to the arterial roads as defined. in the
Comprehensive Plan or gonorally with an ADT of one
thousand (1,000) or greater or a municipal state aid stroot for
the city. Minimum new accoss spacing shall be throo
hundred thirty foot (330').
Cul-De-Sac:
A street with only one outlet and having an appropriate
terminal for the safe and convenient reversal of traffic
movement.
Service Street
Or Service Road: A street which is adjacent to a thoroughfare and which
provides access to abutting properties and protection from
through traffic.
TReFBygRfelf(;ls: A maiR rea€l er I'lysli@ RigR'.\'ay i€leRtifie€l as a mYRi@il'lal state
ai€l @eYRt)', state, er etRer Iimite€l assess Rig Rway.
STREET WIDTH: TRe sReRest €listaR@e sea'JeeR tRe let liRes €leliR€ilatiRg tRe
rigRt af '.way af a street. The distance between the back
of the curb to the back of the curb or from the edQe of
pavement to edQe of pavement if curbinQ does not
exist.
SUBDIVIDER: Any person, firm or corporation having sufficient
proprietary interest in land in order to subdivide the same
under this title.
SUBDIVISION: The division of a tract of land into two (2) or more lots or
parcels of land for the purpose of transfer of ownership or
building development. The term includes resubdivision and,
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when appropriate to the context, shall relate to the process
of subdividing or to the land subdivided.
TOPSOIL
BORROW:
For general use as a turf growing medium shall meet the
requirements outlined in the most current MNDOT standard
specifications for construction and be in accordance with
MNDOT 3877 topsoil borrow or as approved by the City
Engineer. (Amended Ord. 10,2-15-1972; amd. 2003 Code;
Ord. 273, 9-2-2003)
TRAFFIC IMPACT
STUDY:
11-1-5:
A studv of existina traffic conditions. anticipated traffic
conditions with and without the development and traffic
impacts of the development. The studv should include
proposed mitiaation of impacts andresultina traffic
conditions.
EASEMENTS TO BE DEDICATED:
A. Dedication Of Easements: TRe Cit). sRall F@€fwiF@ as a El@RBiti@R ef tRe
appF@val @f tRe prelillliRal}' plat tRe BeBiElati@R @f Final plats shall identify
and dedicate all easements for utilities, drainage, street rights-of-way,
surface water ponding and such other public uses as shall be found
necessary, convenient or desirable by the City to ensure the timely
extension of utilities to adjacent properties. Lots served bv municipal
services shall have 5-foot drainaae and utility easements alona the
side lot lines and 10-foot drainaae and utility easements alona the
front and rear lot lines. Lots without municipal services shall have
10-foot drainaae and utility easements alona all property lines. fA
aElEl@rBaREle witR ~xRiBit f\. @f tRs Dsvsl@PIllSRt P@liey GwiBeliRs aB@pt@e
BY tRe City C@w:Jeil aF!B @R file iF! tRe @ffiee @f tRe City Clerk. Trails will b
dedicated on a separate document.
Q. SWBlllissi@F! T@ City C@wF!eil: PFi@r t@ tRs sWBlllissi@R @f a fiRal plat,
Rs~isteF€lB llilFlB SWF\'SY @r laRB sWBBi';isi@R t@ tRe City C@wRElil fer
appF@val, tRs sWBBiviBsr sRall fwmisR tRs City \'litR all sasellleF!ts fer
wtilities, BraiRa~e, stmst Fi~Rts @f way, swFfaEll3 '.'lat@r p@RBiR~, tFtlils.
maintenanee aeeess. aF!B sweR @tRer pYBlie wses as sRall Be feWRB t@ Be
F!eeessary, e@F!veRieF!t @r BesiraBle BY tRe City. SaiB easellleRts sRall Be
iR pr@psr feFIll fer F€lEl@FGiR~ iR tRe @ffiee ef tRs C@WRty RSEl@FGer.
Dwplieate EleJitifieates @f title sRall Be Illaee a':ailaBle fer tRe filiR~ @f
saSSlllsRts @R F€l~istl3mB laRB. ~I@ fiRal plat lOR all Be appr@veB BY tRs City
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CQl.llil€lill.lliltil UUm3 RaS Beelil full eemplialil€l€l \',itR tt;)is se€ltiQIil.
C. Necessity Qf Easement Determined: In the case where the land
subdivision is to be approved administratively and the city determines that
an easement is necessary as stated in this section, the City Council shall
act on the subdivision to determine the need and extent of the easement
to be dedicated. The subdivider shall furnish the City with all easements
found to be necessary by the City Council. (Amended Ord, 10,2-15-1972)
11-1-6:
RESTRICTIONS ON FILING AND RECORDING CONVEYANCES:
A. Restrictions On Filing And Recording:
1. No conveyance of land to which these regulations are applicable shall
be filed or recorded if the land is described in the conveyance by metes
and bounds or by reference to an unapproved Registered Land Survey
made after April 21, 1961, or to an unapproved plat made after such
regulations became effective. This provision does not apply to a
conveyance if the land described:
a. Was a separate parcel of record April 1, 1945, or the date of
adoption of subdivision regulations under Laws 1945, Chapter 287,
whichever is the later, or of the adoption of subdivision regulations
pursuant to a home rule charter; or
b. Was the subject of a written agreement to convey entered into
prior to such time; (Amended Ord. 10,2-15-1972)
c. Was a separate parcel of not less than two and one-half (21/2)
acres in area and one hundred fifty feet (150') in width on January
1, 1966, or is a single parcel of land not less than five (5) acres in
area and having a width of not less than three hundred feet (300'),
and its conveyance does not result in the division of the parcel into
two (2) or more lots or parcels, anyone of which is less than five (5)
acres in area or three hundred feet (300') in width, except land that
is in the Rural Reserve area and is further restricted by the
subsection that follows.
d, Is located in the Rural Reserve area (as designated in the
Andover Comprehensive Plan) and is residential or agricultural land
of not less than forty (40) acres or less than five hundred feet (500')
in width and its conveyance does not result in the division of the
parcel into two (2) or more lots or parcels, anyone of which is less
than forty (40) acres in area or five hundred feet (500') in width. The
following exception is allowed, excluding minor parcels that will not
allow for additional building units that will not impede future
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development of the Rural Reserve upon approval of the City
Council. (Ord. 274, 9-2-2003)
e. When a property owner, either residential or commercial, wishes
to move interior lot lines and by doing so does not create any
additional buildable lots by moving said property lines, and the
moving of said property lines does not create any lot which is below
the standards for the applicable zoning district in which it lies, such
new property descriptions may be approved administrativelv By
tAe ZeRiR~ Ae!miRistrater if the resulting configuration will have no
adverse effects on surrounding property. Should the ZSRiR~
J\e!miRistratsr ~determjne the moving of interior lot lines may
have an adverse effect on either adjoining property or may
circumvent other applicable zoning restrictions, the f.e!miRistratsr
~then shall require the request be processed iR tAIOl RSFFRal ..
maARlOlr as a variance to this title by both the Planning aRe! ZSRiR~
Commission and the City Council. Any lot so re-aligned shall be
accompanied by a certificate of survey.
B. Hardship: In any case in which compliance with the foregoing restrictions
will create an unnecessary hardship and failure to comply does not
interfere with the purpose of this title, the Council may waive such
compliance by adoption of a resolution to that effect. The conveyance may
then be filed or recorded.
C. Penalty: Any owner or agent of the owner of land who conveys a lot or
parcel in violation of the provisions of this section shall forfeit and pay to
the City a penalty of not less than one hundred dollars ($100.00) for
each lot or parcel so conveyed. The City may enjoin such conveyance or
may recover such penalty by a civil action in any court of competent
jurisdiction. (Amended Ord. 10, 2-15-1972)
11-1-7:
RESTRICTIONS ON ISSUANCE OF PERMITS:
A. Improvements: All electric. cable TV. telephone. and gas distribution
lines or piping, roadways, walks and other similar improvements shall be
constructed only SR a street within public riQht-of-wav, or other public
way or easement which is designated on an approved plat, or properly
indicated on the official map of the City, or which has otherwise been
approved by the Council. (Amended Ord. 10, 2-15-1972)
B. Access: No permit for the erection of any building shall be issued unless
such building is to be located upon a parcel of land abutting a public
street right-of-way which has been accepted and is currently maintained
by the City, or which has otherwise been approved by the City Council.
This limitation on issuing permits shall not apply to Planned Unit
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C,
DRAFT
Developments approved by the City Council pursuant to Title 13, Chapter
3 of this code. (Amended Ord. 10,2-15-1972; amd. 2003 Code)
Limitations: No building permit shall be issued for the erection of any
building on any land conveyed in violation of the provisions of this title. No
permit shall be issued for the erection of any building on any tract of land
described by metes and bounds and consisting of less than five (5) acres
and having a width of less than three hundred feet (300'). (Amended Ord,
10,2-15-1972)
11 1 l:l: PREVIOUSLY .~.PPROVED PL~.TS EXEMPT: All ~r€lliFRiRaJ)' er
fiRal ~Iats, Re~istered LaRd S\,IF\'eys, er etRer s\,Iodi'JisieRs sf laRd a~~re'/ed oy
tRe City CB\,IReil owt RBt filed witR tRe CBWRty ReeBrder wRder ~reviB\,Is
BFEiiRaRees sRall R@t oe S\,lBj€lER t@ re€l\,lir€lFReRts @f tRis title, ~F@"ided said
s\,lodi':isi@R is filed 'li.'itRiR six (G) FRer;'ltRs @f tRe effeERive date @f tRis title.
~.FReRded Ord. 1Q, 2 Hi 1972)
A.
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VARIANCES:
Hardship: The Council may grant a variance from the requirements of this
title as to specific tracts of land where it is shown that by reason of
topography or other physical conditions strict compliance with these
requirements could cause an exceptional and undue hardship to the
enjoyment of a substantial property right; provided, that a variance may
be granted only if the variance does not adversely affect the adjacent
property owners and Comprehensive Development Plan or the spirit and
intent of this title.
B.
Procedure: Written application for a variance shall be filed with the Clerk,
and shall state fully all facts relied upon by the applicant. The application
shall be supplemented with maps, plans or other data that may aid in an
analysis of the matter. The application shall be referred to the Planning
and Zoning Commission for its recommendation and report to the Council.
C.
CBWlI@i1.!\ERi@R: t>J@ 'JariaRee sRall oe ~FaRt€ld oy tRe C@\,IR@il \,IRless it sRall
Rave r€l@eh:@d tRe affirfRative v@te €If a FRaj@Fity €If tRe Rill C@\,IR@il.
(AFReRded QFEi. 1Q, 2 Hi 1972)
11-1-10:
ENFORCEMENT AND PENALTY:
Unless approved as a final plat as provided herein, no s\,Iodi':isiBR plat
shall be entitled to record in the County Recorder's office or have any
validity, and the City shall not issue building permits for any structure on a
lot in any proposed subdivision. The City shall not permit any public
improvements to be installed unless the preliminary plat is approved and
sRall Ref: ~erfRit aRY sePili@es \,IRW a~~m'Jal @f tRe fiRal ~Iat aRd rEl@@FEiiR~
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I Elf saR'le th Development Guidelines for publiclv or privatelv installed
2 infrastructure improv m nt r auir ments hav be n met.
3
4 B. Any firm, person, or corporation who violates any of the provisions of
5 these regulations, Elr 't.'REl sells, leases, Elr effeFS fElr sale er lease aRY let,
6 91eGk Elr tram Elf laR€I RereiR reglollate€l gemre all tRe fe€llolireR'leRts Elf tRese
7 reglollatiems Rave geeR GeR'l~lie€l '.vitR, shall be guilty of a misdemeanor
8 and, upon conviction thereof, shall be punished as defined by state law.
9 l!!:aeR €lay tROlt a vielatieR is. perR'litte€l te exist sRall eeRstitlolte a separate
10 effeRse.
11
12 G.B The platting, replatting, subdividing or conveyance of land not in
13 accordance with the requirements of this title may be enforced by
14 mandamus, injunction, or any other appropriate remedy in any court of
15 competent jurisdiction. (Amended Ord. 10,2-15-1972). .
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CHAPTER 2
SUBDIVISION PLATS AND PROCEDURES
SECTION:
11-2-1:
11-2-2:
11-2-3:
Sketch Plan
Preliminary Plat
Final Plat
11-2-1:
SKETCH PLAN:
A. Sketch Plan Authorized: Prior to platting any tract of land, the subdivider
may prepare a subdivision sketch plan for review by the Andover Review
Committee (ARC), Planning and Zoning Commission and the City
Council. Sl,l@R sket@R ~Ieu~ '.'IiII 613 @eRsiElereEl as Ra\'iR~ 6eeR sl,l6mitteEl
fer re'Jie\': ElREl ElilH,l,IssieR 6eW!eeR tRe sl,IBEli':iEler ElREl tRe ARElElVer
Re':ie'.'J Cemmittee (ARC), PIElRRiR~ .mEl ZeRiR~ CemmissiElR ElREl tRe
City Cel,lReil. We A Sketch Plan Fee too shall be required of the
subdivider for the submission of a sketch plan. Howe'ter, Any review
time by the ARC shall be billed towards the subdivider. project,
provided the project continues beyond the ~kotch plan phase to the
review of the preliminary plat.
B. Compliance With City Provisions; Modifications: On the basis of the
subdivision sketch plan, the ARC, Planning and Zoning Commission and
the City Council will advise the subdivider of the extent to which the plan
conforms to the Comprehensive Plan, design standards of this title and to
other ordinances of the city, county, and state. There will be discussion on
possible modification necessary to secure approval of the plan. (Amended
Ord. 10,2-15-1972; amd. 2003 Code)
C. Procedure For Submission And Review: The sketch plan shall be
submitted and reviewed in accordance with the following procedures:
1, The applicant shall submit a Sketch Plan Review fee as defined in
the Fee Schedule adopted by Ordinance by the City Council.
~~. The subdivider shall submit ten (10) copies of the sketch plan to the
City Community Development Director for review by the Andover Review
Committee (ARC), The ARC shall review and comment on the sketch plan
within ten (10) days of the submittal by the subdivider.
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~ 3: lJ~eA .~RC f@vi@'.\' aAE;j GemmeAt, tRe Sh@tGR ~laA sRall Be ~laG@E;j eA
tRe A8l<< a'JailaBle a~eAE;ja ef tR@ PlaAAiA~ aAE;j l:@AiR~ Cemmissi@R, BlsIt R@
s@eA@r tRaA t@A (10) E;jays after B@iR~ revie'JJ@E;j BY tR@ f.RC. The Planning
Commission shall hold a Public Hearing in accordance with Chapter 1243
14-8.
3. bI~eA PlaAAiA~ CemmissieA fe'/ie'!: aAE;j Gemm@Rt, tR@ sketGR ~laA sRall
Be ~laG@E;j eA tRe A@l<< availaBle City CelslAGil a~@AE;ja, B\,It R@ seeA@r tRaA
teR (10) E;jays after B@iA~ r@vi@....eE;j BY tRe PlaRAiR~ aAE;j l:eAiA~
CemmissieA. (AmeAE;jeE;j OrE;j. 314, 10 4 2005)
D. Required Information: The subdivider shall follow all reauirements as
listed on the Sketch Plan application. TR@ slslBE;jiviE;j@r sRall ~reviE;j@ tRe
felle\"iA~ miAimlslm iAfGrmatieA:
1, Sitfi:lI@GatieR.
2, .'\ Sk@tGR ef tRe site SR€l'!JiA~ i~ ~eAeml sRa~e aAE;j leGatieR ef 'J.'EltlaRE;js,
fGfesteE;j afeas, ~re~eseE;j ~eRE;jiA~ leGatieAs, a€ijaGeAt feaE;jways, mlslAiGi~al
state aiE;j E;j@si~AatieRs, 'J:at@f\.\'ays, @)(istiA~ BlsIilE;jiA~S aAE;j aAY etRer
si~AifiGaAt matlslf@s ef tRe immeE;jiate afea.
3. Ty~e ef E;je'/ele~meRt ~re~es@E;j.
4. .^. ~felimiAal)' reaE;j layelslt aAE;j let arraA~emeAt iAE;jiGatiR~ miAimlslm
~r@~@sQ€lI@t size.
5, A@fial ~Rete (mest GlsIfr€lAt) \'fitR tRe Sk@tGR ~laA ev@rlay.
E, Additional Requirements: The subdivider GaR shall be required to
show adjacent property and any other property as determined
necessary for proper review as required by the ARC, Planning and
Zoning Commission, and City Council. (Amended Ord. 10,2-15-1972)
11-2-2:
PRELIMINARY PLAT:
A. Minimum Lot Size: There shall be no conveyance of land described by
metes and bounds if the conveyance is less than five (5) acres in area and
three hundred feet (300') in width.
B. Procedure: Prior to platting and subdividing any tract of land into tw@
(2) er mere lets more than two lots, the following procedures shall be
followed:
1, ARC Review:
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a, Upon completion of the sketch plan review process as provided
in Section 11-2-1 of this chapter, the subdivider shall file ten (10)
copies of the preliminary plat with the Community Development
Director for review by the Andover Review Committee, Ne
,:mllliR=liFlal)' ~Iat sRall ~e file€f er sl.l~R=litte€f fer ARC r€l"ie':1 tRat Ras
Flet eeR=l~lete€f tRe sketeR ~laFl reviev: ~reeess,
b, The Andover Review Committee shall review preliminary plat
submissions pursuant to Minnesota State Statutes and the
City Code. will re\'ie'f: tRe ~Iat \'JitR tRe €fevele~er te eASl.lfe it is
eem~lete iA aeeer€laAoo '!'itR City er€fiAiilAees, TRe .^,RC will re~ly
\'/itRiA tRiFty (20) €fays ef tRe sl.l~R=littal as te \':RetRer tRe ~Iat is er is
Aet eeR=l~lete. If tRe ~Iat is fel.lA€f te ~e iAeeR=l~lete, tRe ~reee€fl.lf€l
state€f iA Sl.I~seetieA Q1 a 9f tRis SeetieA sRall eeAtiAl.Ie l.IAtil sl.Iet.l
tiR=le as tRe ~Iat is fel.lR€f te Be eeR=l~lete, If tRe ~Iat is fel.lA€f te ~e iA
eem~liaAee '.VitR City er€fiAaFlees BY tRe AA€fe':er Re'JiEl'lI
Cemmittee, tRe CemR=ll.lAity Oevele~R=leAt Oireeter ,..:ill fer;!..':ar€l a
~relimiFlal)' ~Iat a~~lieatieA te tt.le sl.l~€fi':i€fer fer sl.l~mittal t8 tRe City
Clerl(. ~Je iAeeR=l~lete ~relimiAaPf ~Iat a~~lieatieA \':iII ~e aeee~te€f
~y tt.le City Clerk. TRe sl.l~€fi'/i€fer eaA a~~eal items ef eeAteAtieA tG
tRe City Cel.lFleil. '/ariaAee r@~l.IestG st.lall ~e i€feAtifie€f aFl€f
~reeesse€f as el.ltliAe€f iA SeetieA 11 1 9 ef tRis title. (AR=leA€fe€f Or€f.
10,2 18 19n~
2. Fee: At the time of the filing of the preliminary plat, the subdivider shall
pay to the city a fee as set by Title 1, Chapter 7 of this code~ f9r ~Iats
iAvel'/iAS r@si€feAtial lets eAly, a fee as set ~y Title 1, CRa~t@r 7 ef tt.lis
ee€fe fer ~latG iAvelviAS ett.ler tt.laA f€lsi€feAtiallets, ~ll.Is a fee set ~y Title 1,
Ct.la~ter 7 ef tt.lis ee€fe fer eaet.l aef€l ef laA€f iA all ~relimiAarr ~latG.
€.^.R=leA€fe€f Or€f. 10, 2 18 1972; aR=l€f, 2002 Ce€fe)
2, Oistri~l.ItieA Of Ce~ies: TRe CleR" sRall f€leeil,,'e teA (10) ee~ies iA
a€f€fitieA te tRese re~l.Ieste€f l.IA€fer Sl.I~seetieA Q1 a ef tRis seetieA aA€f refer
sever::! (7) ee~ies ef tt.le ~relimiAaf}' ~Iat te tRe PlaAAiFlS aA€f ZeAiAS
CemmissieA aA€f eAe ee~y te tt.le ~AsiAeer.
<\, ~AsiAeer's Re~er;t Tt.le ~AsiAeer sRall sl.l~mit a ':JritteA f€l~eR te tt.le
PlaAAiAS aA€f ;?;eAiAS CeR=lR=lissieA, \"RieR sRall €feal "'itR €fraiAase, streets,
aA€f etRer eAsiAeeriAS R=latte~ ~eRiAEmt te sai€f ~f€lliR=liAary ~Iat. Sai€f
re~eR sRall Be sl.l~R=litte€f te tRe PlaAFliAS aA€f ZeAiAS CeR=lR=lissieA wier te
tt.le ~l.I~lie ReariAS ~f€lseri~e€f iFl Sl.I~seetieA Q8 ef tRis seetieA,
8. PlaAAiAS AA€f ZeAiA!'l CeR=lR=lissieA ""eaRAS Public Hearina Process:
Public HearinQs shall be held pursuant to Minnesota State Statute
462.358 and TRe PlaAAiFlS CeR=lR=lissieA sRall Rel€f a ~l.I~lie ReariAS eFl tRe
~reliR=liAaf}' ~Iat \'JitRiA simy (sO) €fays after sai€f eeR=l~letG ~relimiAary ~Iat
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aAe e9mplete applieati9A aFe file€! t':itR tRe Clerl~. TRe PWBlie F1eariA!j sAall
Be Rei€! according to CRapter City Code Titl 12 -14 ~ -8. At said
hearing, all persons interested in the plat shall be heard, (Amended Ord.
314, 10-4-2005)
6, Council Action:
a, The Council shall act to approve or disapprove the
preliminary plat at a meetinQ followina the Plannina
Commission recommendation. The date of the meetinQ shall
be at the discretion of the City and in adherence to the 120-Dav
Rule as defined in Minnesota State Statute 462.358 Subd. 3b.
1'.fter tAe C€lWAGiI reeei'Jes tRe rep€lR €If tRe PlaAAiA!j aA€! Z€lAiA!j
C€lmmissi€lA, tAe C€lwAeil, at its Aem re!j\;llar seAeewlee meetiR!j, '
sAall aet te al'lpf@VB er €!isapprB\'B tAB prelimiRar;y plat. TAB repeR
@f tAe PlaRRiR!j aRe Z€lRiR!j CemmissieR sAall Be plaeee €IR tAe
a!jeR€!a €If tRe City C€lwReil iR tAe f€II€1'fI.'iR!j maRRer:
(1) Ree€lmmeReati€lRs ff9m tAe PlaRRiR!j aRe Z€lRiR!j
Cemmissi€lR meetiR!j Ael€! €IA tAe see9Ae Tweseay sAall Be
plaeee €IR tAe a!jeRea €If tAe City C€lwReil at tAe fi~t Tweseay
meetiR!j €If tAe fGllet':iR!j meRtA.
~2) ReeemmeReatieRs ff€lm tRe PlaRRiR!j .me Z9AiAS
CemmissieR meetiRS Ael€! €IR tAe fewRR Twes€!ay sAall Be
pla€lee eR tAB a!jeRea €If tRe City C€lwReil at tRe tAim
Tweseay meetiRS 9f tRe f€lIe'.'JiAS meAt!;!, wAless tRere are
fi':B (5) Twes€!ays iR tAe Si'J@R mEmtR frem wAieA tAe
feeemmeReatieA ef tRe PlaRRiRS aRe ZeRiRS Cemmissi9A is
maee, iR t'!AieR ease, tRe f@€l9mmeReati9A sRall Be plaeee
9A tAe a!jeRea 9f tRe Cit,' CewReil at tRe fi~t Tweseay
meetiRS ef tRe fGII9':JiRS meRtA.
b, If the Council should denv sAall €!isappf9t'e the plat, the
grounds for any such eisappf9'.'al denial shall be set forth in the
proceedings of the Council and reported to the subdivider within
fourteen (14) days thereafter.
c. !\pproval of a preliminary plat by the Council is tentati','e only,
subject to the compli::mco with all requir-oments and
rocommendations as a basis for preparation of the final pbt.
7. PetitieR Te Re~eAe RezoninQ Application:: At the time of the filing of
the preliminary plat, the subdivider shall submit to the G1eFk City the
reQuired application a petition for rezoning to the proposed future use of
said land if the land is not already so zoned. The owner of said land shall
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siQn th application join in said petition.
8. Approval Of Engineering Factors: Subsequent approval by the Council
shall be required of all engineering oonsidorations presented in the
preliminary plat '.vhich include, but 'Nhich shall not be limited to,
easements, water supply, sewage disposal, storm drainage, surface water
storage, gas and olectric sorvicos, road gradients and 'Nidths, and tho
surfaoing of streets, prior to the appro'lal of the final plat by the Council.
Q, TiFREl liFRit OR AGStieRs: After Ii eeFR~IElt€s a~~lieati@R Ras eeeR
s...eFRittes, tREl City Ce"'Reil sRall felle':: tREl sea€llifle fer res~eflse as
e(,ltlifles iR Minnesota State SlaMe Hi.QQ. {f.FReflSeS Ors. 314, 1 Q 4 Q5)
PreliFRiflal)' Plat SeREls...le: PreliFRiflal)' ~Iats sRall ee files ifl aeeersaflee
'/.'itR tRe seRe€l(,lle a€le~te€l ifl tReDe\'ele~FReflt Peliey C...i€leliRes.
(J\FRefl€les Ord. 1Q, 2 15 H~72)
Required Preliminary Plat Data: Preliminary plats applications shall
not be considered complete until the reauirements listed on the
Preliminary Plat Checklist have been met. The Preliminary Plat /I' r~&.. "
Checklist is on file with the City. It shall be a condition to the ~
acceptance of a preliminary plat application filed with the Clerk that said /l ~?h
plat shall include the data required hereunder. The preliminary plat shall v~
be submitted in accordance with Subsection B of this section.
1, Identification And Description:
3, Proposed name of subdivision, .....hich name shall not duplicate
nor bo alike in pronunoiation to tho name of any plat heretofore
recorded in the county. (Amended Ord. 10, 2 15 1972; ame. 2003
Code)
b. Full legal description of the land in'lol':ed in the plat.
c. Names and addr-esses of the owner and subdi'lider of the land,
and tho designer and surveyor of the plat. If the subdivider is not
the fee owner of the land, tho subdivider shall submit tho 'A'ritten
consent of the fee o.....ner to the filing of tho preliminary plat.
d, Graphic scale of not smaller than one inch to fifty feet (1" - 50').
e. North point, designated as true north.
f. Date of preparation.
g. Certification by Registered Land Survoyor certifying to acouracy
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of survey.
2, Existing Conditions:
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a. 1\11 boun?ary line surveys, including me3sured distanoos and
angl~s, ':\'hlch shall be tied into the nearest quarter section or
section line by traverse.
b. Total acreage, calculatod to the nearest 0.1 acre.
c. Existing zoning ,classifications for tract of land in and '.vithin throo
hundred feet (300) of tho preliminary plat.
d. L~cation and names of existing or platted streets and other
public W3YS, parks and public opon sl'laces, permanent buildings
~nd str~~ures, easements, and section and municipal boundan'
lines 'Nlthln the plat and to a distance of one hundred feot (100')
boyond, (^monclod Ord. 10,2 15 1972)
e. If the proliminary plat is a rearrangement or a replat of any
re?~rded plat, tho lot and block arrangement of the original plat its
onglnal na~e, and all FOvised or vacated road'Nays shall DO sh~'''n
by dotted line, (/\mended Ord. 10,2151972; amd, 2003 COde)"
f. Loc~tion a~d width of existing stroets (including typo of
surfacing), railroads, sanitary sewers, '''''ateI' maim: dorm se'uers
ga~: t~lephone, ole~ric, cable TV, oulverts, grade~, invert" ,
ele.atlo,ns and looatlons ~! ?atch. basins, manholes and hydrants
and an~ underground faCIlities Within the plat and to a distanoo of
one hundred foet (100') beyond.
g. Bound~~' lines of land within one hundred feet (100') of th t ct
?f lan~ 'l:lthln tho plat, and the name of the O'Nnor thereof bU~ ra
Including all oontiguous land owned or oontrolled by the s~bdi"ider
or o'....ner of the tract proposed to be platted, .
h. Topographic Gala, including contoUFE at vertical intervals of n t
~re, t~~n two feet (2'); except, that where the horizontal oontou~
~n el'\,a IS one hundred feet (100') or more, aone foot (1') 'Jortical
Intel'\al shall be shown. '.~Jateroourses, lakes, marshes, wooded
:reas, rock outorops, drainage tile, and other significant physical
eatures shall be. sho'Nn,. U.S. geodetic survey datum shall be used
f{)r all topographic mapping wher-o a'lailablo.
i. ^ copy of.the restrictive covenants, if any, concerning the
property being platted,
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j. Soils.
k. Such other dat3 3S may be roquosted by the Engineer.
3. Design Fe3tures:
a. Layout of proposed streets, s:howing right of way 'Nidths and
proposed names: of streets. The name of any street herotofore used
in the city or its environs shall not be used, unless tho proposed
street is an extension of an already named street, in 'Nhich event,
s:aid namo shall be used.
b, Locations and widths of pedes:trianways and utility eas:ements.
c. Profiles of exis:ting and proposed centerline grados of streets,
storm sewers, drainage ditches and culverts; also sanitary se'....ers
and water mains 'NheFO required by the platting authority,
d, 1\n overall grading/drainage/erosion control plan shO'Ning existing
contours at n\!o foot (2') intorvals in dashed lines and proposed
contours in heavier solid lines. Minimum basement floor elevations
of all proposed buildings shall be sho'....n. Maximum slope areas
shall be four to ono (4:1) or as approved by the City Engineer. On
urban plats, each lot shall sho'},' proposed elevations at all lot
corners and intermediato proposod elevations along all lot lines or
any additional location as deemed necessary by the Engineer and
shall DO submittod and accepted by the city prior to the is:suance of
building permits,
e. 1\ Tree Protection Plan s:hall bo mquirod shO'.."ing all information
as defined by the Tree Preservation Policy as adoptod by the City
Council and on file in the City Clerk's office\
f. Layouts of lots and blocks with numbers of each, square footage
of lots and lot dimensions scaled to tho neares:t foot.
g. Areas, other than str-oets, pedestrianv,'ays and utility easements,
intonded to be dedicated or reserved for public use, including tho
size of such 3reas.
h. Minimum front and side yard building setback lines as required
by the zoning ordin3nce of the citf-;-
1 See Title 4, chapter 3 of this code,
2 See title 12, chapter 5 of this code.
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I. r roposed method of d' .
and beyond the limits o/~~~~II~~. of surface .,...ater drainage 'Nithin
, 1M
J, "he~ever:1 portion of a tract of la .
and said tract is largo enol:l h or' ,nd IS proposed for subdividing
a plan for the future SUbdi"i~iO I: t~tend~d for futuro subdivision
submitted to the Plannin . d no. e entire tract shall be '
subdivision shall inclUde~ p~~ Zo~ng Commission. Such future
streets, utility easement~ an~ose lots, road easements for cross
subdivisions. When an indi"idU~~Ch ~her data as required for futuro
suoh a lot, he shall submit; SO:1 3PP.les. for a building permit on
tho proposed structure on tho 10:Od ~~e ~Ian. sho'Ning the location of
conformanoe with the pro ose so a~ ~t :),'111 be located in .
home shall be placed so ~a . ~.~~subdlvl~'on street patterns. The
proposed street pattern of t,~ ..III not.b~.1n conflict .....ith the
sal rosubd"/lslon,
k, The Andover Re"ie'u Com .
preliminary plat. If the ';evisio~:~7 S~;II revi.ew,all revisions to the
the. Planning and Zoning Co . sl~nr cant, It '''fill be forv,'arded to
raVIO'N. mmlSSlon andJor tho City Council for
4, /\dditionallnformation To Be F 'R
urnrs-ed:
a. Statement of proposod l:JSO of 10 .
oommeroial, industrial or comb' t~S, /.0., whether residential
~pe and number of d.....alling u~: I~n th.ereof, If ~esidenti3l, st3te
~pos of usage in order to reveal tt, U~ISh sl:JffiClent dotails for all
e'lelopment on traffic fj . e e ect of the sl:lbdivision
, re protection and donsity of population
b. Source of '.Vator supply. .
c, Facilities for SO.....3go disposal.
d, If zoning oh3nges 3ro cont
for the area, omplatod, the proposed zoning plan
e. I~ a~eas 3ffoctod by inado l:Jate .
rerlOdlO flooding, furnish pro~osals S~rf~oe drainage or subjeoted to
sr oooupancy and to provide for ad eSlgned to make tho area safe
equate street and lot drainage
f. Floodpl3in man3goment aro' '
Crook, and the Rum River, a boundaries f.or Coon Creok, Cedar
g. Proposals for street Ii htin .
boulovard improvement~. g, curb, gutter, slde'Nalks and
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h. Such other information as shall be requested by the Planning
and Zoning Commission or Engineer.
i. A location map sho'JIlng the plat location in the city. The location
map sh311 have an 3pproximate scale betv.!Qen one inch equals one
thousand five hundred foot (1" - 1,500') and one inch equals t..."o
thousand feet (1" - 2,000') and shall be of sufficiont size to locate
the plat relati'/e to the nearest county roadways. The location map
shall shO'.\' the proposed str-eet layout and the layout of all existing
streets plattod or unplattod, 'Nithin one half (1!2) mile of the
proposed plat. The streets and roadways shall be labeled with their
proposed or existing names. Adjacent platted aFeas shall be
labeled .....ith their plat name.
j, The preliminary plat shall show the numbor of linear road miles
within the plat.
k, The preliminary plat shall show the location of all "area
identification" signs, Conditional Use Permit for area identification
signs shall be applied for in conjunction v:ith the preliminary plat in
accordance with the zoning ordinance~, (Amended Ord. 10, 2 15
~
11-2-3:
FINAL PLAT:
A. Procedure: Prior to Council approval of a final plat, the following
procedures shall be followed:
1, Application: The Final Plat Fee shall be paid at the time of Final
Plat Application, The fee is determined bv the Fee Ordinance
adopted bv the City Council.
2.~Filing of Final Plat: Within one year following approval of the
preliminary plat, unless an extension of time is requested in writing by the
subdivider and granted by the Council, the subdivider shall file seven (7)
copies of the final plat with the Ci~ ~ and shall pay a filing fee
therefore as set forth by ordinance . The final plat shall incorporate all
changes required by the Council, and in all other respects, it shall conform
to the preliminary plat as approved. If the final plat is not filed within one
year following approval of the preliminary plat, the approval of the
preliminary plat shall be considered void.
3. . Plat Phasina: The final plat may constitute only that portion of the
preliminary plat which the subdivider proposes to record and develop at
1 See section 12-15-6 of this code,
2 See subsection 1-7-3H of this code.
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that time; provided, that such portion shall conform to all requirements of
this title, and provided further, that the remaining portions of the
preliminary plat not proposed to be recorded, developed and submitted as
a final plat, or granted an extension, shall be subject to the right of the City
to adopt new or revised platting and subdivision regulations. as provided
in Minnesota State Statute 462,358 Subdivision 3c. (Amended Ord. 10,
2-15-1972; amd. 2003 Code)
4 ~. Filing Of Plat And Abstract: At the time of filing the final plat with the
City ~, the subdivider shall also file with the City ~ an abstract of
title or registered property abstract, certified to date, evidencing ownership
of the premises involved in the plat.
5. ReQuired Final Plat Data: Final Plat apolications shall not be
considered complete until the reQuirements listed on the Final Plat V
Checklist have been met. The Final Plat Checklist is on file with the 9Z!!: 1I
City, ~1iJ'6
3, Referrals: TRe Clerk sl::lall refer eepies ef tRe fiAal plat te tl::le ~A!:liAeer ~
aA€f lOR all refer tl::le aestraet te tl::le attemey fer tReir examiAatieA aA€f repeR.
4, RepeRs: TRe ~ eA!:liAeer aA€f ~ attemey sRall sldeFFlit tReir repeRs
te tRe CeldAeil'.\'itl::liA fifteeA (15) €fays after tRe filiA~ ef tRe fiAal plat. TRe
eA!:liAeer sRall state '.\'RetRer tRe fiAal plat aA€f tRe iFFlprm.'eFFleAts eeAferFFl
te tl::le eA~iAeeriA~ aA€f €fesi!:lA staA€fards aA€f speeifieati€lAs €lf tl::le eit}'. Tl::le
att€lmey sRall state Ris €lpiAieA as te title ef tRe preFFlises iAvelve€f,
5, Fees: TRe slde€fi...i€fer lOR all pay tl::le fees ef tRe ~ eA~iAeer aA€f ~
attemey fer tl::leir selViees aA€f rep€lRS reA€fere€f iA e€lAAeeti8A \'JitR tRe fiAal
~
6. Compliance With Law: The final plat shall be prepared in accordance
with all applicable state laws and county ordinances.
Council Action: The Council shall act on the final plat within sixty (60) days
of the date on which it was filed with the Citv~. The final plat shall not
be approved if it does not conform to the preliminary plat, including all
changes required by the Council, or does not meet the engineering and
design standards and specifications of the City.
Recording Final Plat: Following approval of the final plat by the Council,
the City ~ shall promptly notify the subdivider of said approval~
Pursuant to Minnesota State Statute 462.358, the applicant shall
have two years to file the plat with the County Recorder. If the plat
has not been recorded with the County within two years of City
Council approval. th n th City may reQu st that th subdivid r
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r submit an application and any chana s in the City's
comprehensiv plan or subdivision controls may apply to th plat.
aFlB v:itl::liFl tl::liFty (20) Bays tl::lereafter, tAB fiFlall'llat sl::lall ee reeeF€!eB '::itl::l
tl::le CeldFlty Re15eF€!er. The subdivider shall forthwith furnish the ~ CIeJ;k
with a receipt from the County showina evidence of the recordinQ of
the final plat. The subdivider shall submit a diaital COpy of the final
plat to the City EnQineer, a tra15iFlS aFlB tAree (2) eel'lies 9f tl::le fiFlall'llat
as reeerBeB, sl::le':JiFlS e'/iBeFl15e 9f tl::le re15eF€!iFlS eFl saiB eel'lies. Failure of
the subdivider to comply with the requirement of recording shall be cause
for rescission of approval.
D.
Re€lldireB (;iFlell Plat Data: It sAall ee a eeFlBitieA t@ tf;)e al'll'lr€lvaI ef
a fiFlall'llat tl::lat tl::le felle\':iFlS Bata 511::16111 ee sl::le\\'Fl eFl saiB I'llat er
511::16111 ee ~rFlisl::leB tl::lerev:itl::l:
1. MldAi15il'lal, te':msl::lil'l, 15eldFlty er sel5tieFl liFles a15@ldrately tieB te tl::le
eeldFlBaries ef tl::le sldMi':isieFl ey BistaFlees aFlB aFlsles,
2, .~@@Iolrate aFlSldlar aFlB liFlE~al BimtmsieFls f€lr allliFles, aAsles aFlB
@ldP-:atldms ldseB te Bes@riee eeldFlBaries, streets, easemeFlts, areas
reserveB f€lr I'lldeli@ ldse, aFlB etf;)er iml'leRaFlt featldres 511::16111 ee sl::lev:Fl.
Ceml'llete eld!'\'e Bata sRall ee sl::lewFl, iA@lldBiFlS raBii, iFlterFlal aFlsles,
l'leiFlts aFlB @ldrvatlolres, taAseAt eeariFlSs, aFlB ItmstAS ef all ar@s.
DimeAsieAs ef let liAes sf;)all ee sf;)ewFl iFl feet aFlB I::IldFlBreBtl::ls ef feet. Ne
Bitte werk sRall ee l'lermitteB iA iFlBi@atiAS BimeFlsieA. (,l\meABeB OF€!, 1 g,
2 Hi 1972)
2. Ofti@ial meAldmeFlts as BesiSFlat@B aFlB aSel'lteB ey tl::le CeldFlty SldlVeyer
aFlB al'll'lreVeB ey tl::le Bistriet @eldR fer ldse as jldBi@ial meFlldmeFlts 511::16111 ee
set at ea@R @erFler er aFlsle ef tRe eldtsiBe eeldFlBaPf ef tAe fiFlall'llat.
le@atieFl ef all meFlldmeFlts 511::16111 ee SReWA. f.l.\meFlBeB OF€!, 1 g, 2 15 1972;
61mB. 2gg2 CeBe)
<I. gJfieial 8Uf\'a", marital'S: T"'a loeation of all 8Uf\'a"; marltal'8 8"'811
be s"'o'.\I'n on t"'a final plat. Pil'les er steel reBs lOR all ee I'lla@eB at ea@1::I
eerFler ef ea@l::Ilet, aAB tl::le le@atieFl tAereef sl::lall ee sl::le\':A.
5. AA iBeAtifi€atieA system f€lr all lets aAB ele@ks sRall ee sl::le':m.
€i. Streets sl::lall ee FlameB, ems all Aames sl::lall ee sRe'/:Fl. t. Se€lldeFl€e 9f
stf.(~et AamiAS sRall ee f€llleweB eeFlsist@At witR tAe l'latterFl tl::lat l::Ias eeeA
estaelisReB fer t"'e City. iA tl::le area,
7. IFl tl::le El':eFlt tAe fiFlall'llat is a rel'llat ef aA earlier sldeBivisieFl, tRe erisiAal
I'llattiAS ef tAe sldeBi':isieFl sRall ee sRe'::R aFlB iBElFltifieB ey BetteB IiAes,
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8. Judicial aad .0U"tv .ite~ DRAFT
as €I€ltQrmiR€l€l fr@m ~@lmty :e::~.l:le SR@V:R l:ly €Iim€lRSi@RS aR€I aR!jI€ls
~, Fhuujplains and "'etla d
I €I' h n 8 k@'" la d
R leat@€ll:ly aR i€leRtifieati@R sym~' I ~^ aR€I':Jater areas sRalll:le
@. . ,meR€le€l Ont 19, 2 Hi 1972
10. TRe maximblm Ri R'" .. )
Res@b1rees' St t ...'!j . later 115.151 as €lefiRe€l iR tR g
SR@relaR€I .'\re~: ~~€I~~i;~aR€laf€lS .m€l Criteria mr M~R::ea::R~R\ @f ~Iatblral
1972; am€l. 2993 C@~e) es@ta sRalll:le SR@'::R. ~meR€lQ€I Or€l. ~ Q, 2 15
19 11, All b1iility aR€I €lmiRa
sRalll:l15 SR@'''R !je eaS15m15Rts, aA€I iRe €limeR .
n . SI@RS tR15re@f
,
o
11 1 ~, TR.e Aames aR€I ~lattiR 9f ... ,
aR€lI€leRtlfie€ll:ly €I@tte€lliAes r@ :~@IRIA!j Sbll:l€lI':isi@AS sRallBe lOR '..
:~:~:;::~~:~~,:.,:~~~~.i.: a::~:':i:::'::~.~.~ ~~g gg1'i:'...
adj..... I..d I. a",lollo. . ::~;~.B .aildivi.ioa. s~all b~ .~O'.:a~q,
, e S@ IR€lleate€l, n ... ere
12. The plat shall be on A nol
Countv' SUI'\'e\' datum ,. (a Counn' coordinates and Anol
. ,. ~
13. 8efGre aRY r@si€leRtial I
may Be issble€l fGr a reSi€le::~ may ~e a~~r@ve€l aA€lBefGre aA' 15 .
::~:.~al ,roof l~allh. .ala~~:;:~~::: ~"..iVi..r .~.II ~,.t' ,:.:.~
~O"i;~:~: ;':~::::.":.I~ro. mot (J'i':e~':';'e;;::: :~: ~":~: i. .~.id
.vater e@Atr@1 \'Jill Be el:b1re, @r tRat a satisfael:@r;v S . I@..est
...ill.MOI .ab.r'ioi.~e';~",oIe. eo e. i""",,,,1 ,e" .i 1Il~" of BroU..
. . . ,meR€le€l Or€!. 1 Q, 2 15 1 972) ~re~@se€l
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CHAPTER 3
DESIGN STANDARDS
SECTION:
11-3-1 :
11-3-2:
11-3-3:
11-3-4:
11-3-5:
11-3-6:
11-3-7:
11-3-8:
General Requirements
Street Plan
Streets
Easements
Blocks
Lots
Parks, Playgrounds, Open Space And Public Uses
Trails
11-3-1 :
GENERAL REQUIREMENTS:
A. The Planning and Zoning Commission, in its review of a preliminary plat,
shall determine whether the proposed subdivision is in conformity with the
Comprehensive Plan and shall take into consideration the requirements of
the City and the best use of the land. Particular attention shall be given to
the arrangement, location and widths of streets, drainage and lot sizes
and arrangements.
B. The preliminary plat shall cover all of the owner's contiguous land or any
other property of the owner as deemed necessary by the Planning and
Zoning Commission in consideration of rural and urban differences, the
zoning ordinance and the Comprehensive Plan. nlls fiAall'llat may €>Em5r
€lAly a I'l€lJiti€lA €lf tR€l I'lmlimiRary I'llat, I'lre'/iaea it is iA €>€lAfermity 'A'itR tRe
al'll'lre':ea I'lmlimiAary I'llat.
C, Where the parcel of land is subdivided into tracts larger than required for
building lots, such tracts shall be divided so as to allow for the opening of
streets and ultimate extension of adjacent streets,
D, Unplatted portions of land (outlots) or private easements controlling
access to public ways shall not be approved within the plat. (Amended
Ord, 10,2-15-1972)
E. Minnesota Statutes 462.358, Subdivision 2A, authorizes the City to
condition approval of the subdivision of property on the construction and
installation of certain utilities. The intent of this section is to specifically set
out the required improvements that promote and protect the public health,
safety and general welfare. The City reserves the right to require
additional improvements if deemed necessary by circumstances and
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conditions unique to these particular lands. No subdivision of land is
allowed in the area designated on the Comprehensive Plan as "Rural
Reserve" unless storm sewer, sanitary sewer and a municipal water
supply are constructed to serve the area being divided, (Ord, 274, 9-2-
2003)
F. Required Buffer Area From Rural Areas or Neiahborhoods: All
residential developments constructed with municipal sewer and water may
be required to provide buffering from rural neighborhoods outside of the
City's Municipal Urban Service Area (MUSA) except when adjacent areas
outside of the existing MUSA that are planned for future urban
development.
1. Buffer Area Location: Buffer areas shall be located as close to
property lines between proposed urban and existing rural properties
as practicable.
2. Buffer Area Requirements: Buffer areas shall provide a consistent
level of physical separation and/or visual screening to provide a
transition between urban and rural developments, The extent of
the requirements shall be determined by the City Council at the
time that the preliminary plat is reviewed, These requirements shall
be based on the existing and proposed topography and vegetation
within and surrounding the proposed development and may include
one or more of the following:
a, Additional lot width or depth to provide physical separation
b. Tree s.ave areas to provide visual screening
c. Tree planting areas to provide visual screening
d. Relocation of drainage areas to preserve existing trees
and/or area for new trees to be planted,
e. A combination of the above or others as needed to provide a .
significant and consistent buffer area.
3.
Exemption: In the event that a significant and consistent buffer is
provided by existing trees, wetlands, floodplain or other topographic
or hydrologic features, the Council may determine that no additional
requirements are necessary. (Amended Ord. 331, 6-6-2006)
11-3-2:
STREET PLAN:
A. Compliance With Comprehensive Plan: The arrangement, character,
extent, width, grade and location of all streets shall conform to the
Comprehensive Plan, the approved standard street specifications, and all
applicable ordinances; and all streets shall be considered in their relation
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to existing and planned streets, to reasonable circulation of traffic, to
topographical convenience and safety, and in their appropriate relation to
the proposed uses of the area to be served.
B, Continuation Of of Existing AM and Future Streets: The
arrangement of streets in new subdivisions shall make provision for
the continuation of existing and future streets in adjoining areas.
C. Frontage Restrictions: No preliminary plat shall be approved wherein lots
front on the right-of-way of state, county, or city arterial or maior collector
roads, Such lots may front on service roads with entrances to the above or
at intervals as determined by the County or City. sf six R~R€lrs€l sixty
f@st (aaQ') fsr arterials aR€I tRrs8 R~R€lre€l tl::liwj mst (AAQ') fsr GslIsetsrs.
(Amended Ord, 10,2-15-1972)
11-3-3:
STREETS:
A. Widths:
1, All right of way and roadway widths shall conform to the following
minimum dimensions:
Typical Roadway
RiQht of Way Width Back of Curb
Classification to Back of Curb -
Width C~rB FaGS Ts C~rB
~
Arterial 120 feet Variable
80-120 feet, as
Collector maior fFR~RiGil'lal determined by Variable
stats ai€l the City
Enaineer
Collector - minor 66-100 feet, as
determined by
the City
Enaineer
MiRsr (~F8aR) Local urban 60 feet A2 f@st 33 feet
city street
MiRsr (Fl,jral) Local rural city 60 feet 21 f@st 31 feet
street
Cul-de~sac 120-foot 93 foot diameter
diameter
Service 60 feet 33 feet
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2, Additional right-of-way and street widths may be required lJ!iiPI
depending upon anticipated traffic volume, planned function of street
27
DRAFT
0 I and character of abutting land use.
2
3 B, Horizontal Curve Radius: The minimum horizontal curve radius on minor
4 streets shall be fifty feet (50') or as required by the City Engineer,
5 (Amended Ord. 10,2-15-1972)
6
7 C. Grades: Streets grades shall not exceed seven percent (7%) for local
8 miAeF and collector streets and four percent (4%) for arterials
9 tR@rB\,I~Rfares, and in no case shall they be less than one-half percent
10 (0.5%) on streets with concrete curb and gutter:..; @r @Re pereeRt (1%)
11 SR FAiR@r r\,lFaI eity street see1:i@Rs. Grades within thirty feet (3D') of street
12 intersections shall not exceed two percent (2%), (Amended Ord. 10,2-
13 15-1972; amd. 2003 Code)
14 D. Vertical Curves: Different connecting street gradients shall be
15 connected with vertical curves, Vertical curves shall be designed in
16 accordance with MNDOT guidelines with a minimum design speed of
17 thirty (30) miles per hour or as required by the City Engineer.
18 E. Street Jogs: Street jogs in local miAeF and service streets shall have a
19 centerline offset of not less than one hundred fifty feet (150'). Street jogs
0 20 shall be avoided in all other streets.
21 F. Local MiAeF Streets: Local MiAeF streets shall be so aligned that
22 their use by through traffic will be discouraged,
23 G. Cul-De-Sacs: The maximum length of cul-de-sac streets shall be five
24 hundred feet (500') measured along the centerline from the intersection to
25 the center of the cul-de-sac area. Each cul-de-sac shall have a terminus of
26 nearly circular shape, with a minimum right-of-way diameter of one
27 hundred twenty feet (120,0'), and a minimum roadway diameter of ninety
28 three feet (93.0') in the urban service area and the rural service area.
29 Temporary cul-de-sacs shall be required in all new subdivisions to make
30 provision for the continuation of future streets in adjoining areas when the
31 length of the street exceeds two hundred ten feet (210.0') from the
32 centerline of the intersecting streets. Each temporary cul-de-sac shall be
33 required to have a minimum roadway diameter of eighty feet (80,0') and
34 constructed with concrete curb and Qutter. ~it\,lFAiR@\,IS e\,lr~iR~ as
35 €!OORS€! iR tREil eity staR€!aF€ls. Adjacent property owners/developers
36 benefiting from the street continuation shall be responsible for the removal
37 of the temporary cul-de-sac and shall be required to replace the street in
38 accordance with current city requirements and standards. The property
39 line at the intersection of the turnaround and the straight portion of the
0 40 street shall be rounded at a radius of not less than twenty feet (20,0'),
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DRAFT
Service Streets: In those instances where a subdivision abuts or contains
an existing or planned mai r coli ctor or art rial roadway tRer~}I,I~RfaFe
or a railroad right-of-way, the City Council PlaRRiR~ aR€! ZeRiR~
CemmissieR may require a service street approximately parallel to and on
each side of such right-of-way in order to provide protection to residential
properties and to provide separation of through and local traffic. SHOO
seFl.:ise stFeets sAall 8e Ie sate€! at a suita81e €!istaRse ffem tAe
tAereu~Afare er milrGa€! ri~At €If '.\'ay iR er€!er te f3m'/i€!s fer f3arl{ use €If tAe
iRter\.'sRiR~ laR€! iR F€lsi€!eRtial €!istri&ts, er b~ f3r@':ias mr semm€lrsial er
iRaustrialuse €If tAB iRterveRiR~ laRa iR semmer@ial er iRaustrial aistrists,
The requirements of approach grades and future grade separations shall
be considered in establishing the separation distance between said
service streets and the roadway tAereu~AfaF€l or railroad right-of-way.
Half Streets: Half streets shall be prohibited except where necessary to
complete the right-of-way of an existing half street.
Reserve Strips: Reserve strips controlling access to streets are prohibited,
Private Streets: Private streets shall not be approved. All proposed streets
shown on the plat shall be offered for dedication as public streets,
19 L. Adjoining Property: Street right-of-way shall oot be planned so as to
20 provide proper access to sause Aar€lsAif3 te e'XReliS €If adjoining
21 property.
22 M. Intersections: The angle formed by the intersection of streets shall not be
23 less than sixty degrees (600), with ninety degree (900) intersections
24 preferred. Intersections of more than four (4) corners are prohibited,
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26 N. Anv driveway access to a street shall be at least Ret less tAaR sixty feet
27 (60') from an intersection as measured from the intersectinQ riQhts-
28 of-way. frem aR iRteliSestieR.
29
30 0 N. Boulevard Sodding 1: In subdivisions where municipal sewer and water
31 are going to be installed, four inches (4") of topsoil and boulevard sodding
32 shall be required. In subdivisions without municipal sewer and water.
33 a minimum of four inches (4") of approved topsoil shall be sodded or
34 seeded, If seed is the preferred option, then the seed shall be
35 mulched and disc anchored, Hvdroseedina is ailed in lieu of seed
36 and mulch. sRall 8e sf3reaa, sesas€!, ml:llSAea aRa aiss aRSReF€la.
37
38 f..O. Tangent: A tangent of at least one hundred feet (100') in length shall be
39 introduced between reverse curves on arterial tRereu~RfaF€l and collector
40 streets, and a tangent of at least fifty feet (50') in length shall be
1 See also sections 9-1-5A, 9-10-3 and 11-4-8 of this code,
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DRAFT
introduced between reverse curves on all streets except selected minor
streets and lanes,
Corners: Rights-of-way @f street iRrer;s@eti@Rs where any two local
city streets intersect shall be rounded by a radius of not less than
twenty feet (20'). Any riahts of way where a city street and a county
road intersect shall be rounded by a radius of not less than thirty
(30) feet.
Q.
C@lleet@r Streets: .Ni €lefiR@a fer tAis seeti@R, e@lleet@r streets are
feea@rs t@ tAe aFterial reaas as aooR@aiR tA€l C@m~reAeRsi'j€l PlaR
@r l:j@R@Fally VlitR aR ADT @f @R@ tt!@(,ISaRa (1 ,ggg~ @r l:jF@at@r, @r a
m(,lRiei~al state aia strGJet fer tA@ eity, (Am@Ra@a OF€!. 1 g, 2 15 1972)
11-3-4:
EASEMENTS:
A.
Utility Easements: Easements at least twenty feet (20') wide or as
determined by the City Enaineer, centered on rear and side lot lines,
shall be provided for utilities where required by the platting authority.
Utility easements shall have continuity of alignment from block to block
and lot to lot. Lots served by municipal services shall have a
minimum 5-foot drainaae and utility easements alona the side lot
lines and a minimum 1 O-foot drainaae and utility easements alona
the front and rear lot lines. Lots without municipal services shall
haye a minimum 10-foot drainaae and utility easements alona all
property lines. ~as@m@Rts may ~€l re~(,IiF8a al@Rl:j let Ii Res t@ ril:jAt @f
'f.-ay s@ as t@ ~re'Jiae fer street lil:jl:ltiRl:j.
B.
Drainage Easements: Where a subdivision is traversed by a wetland,
watercourse, drainageway or stream, a drainage easement conforming
substantially with the lines of such watercourse shall be provided, with
further width as shall be adequate for storm water drainage of the
areas. (Amended Ord. 10, 2-15-1972)
11-3-5:
BLOCKS:
A.
Lengths: The maximum length of blocks shall be one thousand three
hundred twenty feet (1,320'). Pedestrian I trail ways at least teA twenty
feet ~ (20') wide may be required at the approximate center of
blocks over six hundred sixty feet (660') in length. Provisions for
additional accessways to schools, parks, and other public grounds may
b~ required.
B.
Off Street Areas: Blocks intended for commercial, industrial, or uses other
than single-family dwellings shall be so designed to provide adequate off
street areas for parking, loading, and such other facilities as shall be
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37
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39
40
41
42
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required by the z@FliFl~ @r;GiFlaFl@@ @f tRB @ity~" City Code,
C, Width: All blocks shall be so designed to provide for two (2) tiers of lots
unless conditions exist to render this requirement undesirable,
(Amended Ord. 10,2-15-1972)
11-3-6:
LOTS:
A. Minimum Lot Size: The minimum lot area and dimensions shall be
as specified in the respective zoning districts of the sit)' z@FliFl~
@F~iFlaFl@e, City Code.
B. Buildability Requirements: All Resi€leFltiallots shall have the lowest floor
a minimum of three feet (3') above the seasonal high water mark or ooe
te@t (1') two feet (2') above the designated or designed 100-yearflood .
elevation, whichever is higher unless evidence is submitted and certified
by a geotechnical engineer that shall be reviewed and certified by an
independent geotechnical engineer hired by the city at the expense of the
developer and approved by the City Council that a separation of less than
three feet (3') can be achieved and is warranted.
1, Residential Lots Served By Municipal Sanitary Sewer: Lots served by
municipal sanitary sewer shall remove all organic material and replace
with granular material with no more than five percent (5%) organic
material by volume for the front @Fle RIdFl€lF€€l feet (1 QQ') one hundred ten
(110') of depth of the lot at a minimum width of the lot as required for that
zoning district by the z@FliFl~ @r;GiFlaFl@e, City Code,
2. Residential Lots Lacking Municipal Sanitary Sewer: No plats within the
Metropolitan Urban Service Area (MUSA) shall be approved unless
municipal sanitary sewer, municipal water and storm sewer are
constructed to serve the proposed development. All lots lacking municipal
sanitary sewer shall adhere to the following:
a, A building pad shall be created for each lot with a minimum size
of three thousand six hundred (3,600) contiguous square feet. The
building official shall determine that the dimensions of the building
pad are adequate to locate a house in compliance with all
applicable requirements,
b. The building pad shall be required to have a finished grade of at
least six feet (6') above the seasonal high water mark.
c. All organic material shall be removed from the designated
building pad area and replaced with granular material with no more
1 See sections 12-14-10 and 12-14-11 of this code.
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by City Code Titl 12-13-5.
nDA tl:T
> ,1 .,',
J, ,~",.. . 1i..!.!I ~
~'ij\\ ..~ filf '
I. Access To TR@rs14~Rfares Arterials or Maior Collectors: In those
instances where a plat is adjacent to a limited access Ri~R'!:ay @r
@tRer maj@r Ri~R\'!ay In tR@r@14~Rfare arterial or maior collector. no
direct vehicular access shall be permitted from individual lots to such
Ri~R\':ays roadways unless no access can be provided by other
means.
J. Natural Features: In the subdividing of land, regard shall be shown for all
natural features, including tree growth, watercourses, historic places and
similar amenities of the area which, if preserved, will add attractiveness
and stability to the area.
K, Lot Remnants: Lot remnants which are below the minimum lot area or
dimension must be added to adjacent or surrounding lots rather than
be allowed to remain as an unusable outlot or parcel.
L. Resubdivision: The preliminary plat shall show a feasible plan for future
resubdivision by which lots may be resubdivided to meet the size and
dimension standards of lots in areas served by municipal sewer where
the city deems it necessary in those areas that can be served in the
future.
M. Wetland I Stormwater Pond Buffer: Pursuant to Title 13, Chapter 6 of this
code a one rod (16.5 feet or 5 meters) wide area abutting a wetland and/or
stormwater pond that shall be left undisturbed or in its natural condition
during the development, building and landscaping phases. The buffer strip
shall not be included within the preceding @Re R14R€lre€l feet (100') one
hundred ten (110') buildability requirement. (Ord. 273, 9-2-2003)
11-3-7:
PARKS, PLAYGROUNDS, OPEN SPACE AND PUBLIC USES:
A. Lands For Public Use Required: Pursuant to Minnesota Statutes Section
462.358, as amended, the City Council of the City of Andover shall require
all owners or developers, as a prerequisite to approval of a plat,
subdivision or development of land, to convey to the City or dedicate to
the public use for park or playground purposes, a reasonable portion of
the area being platted, subdivided or developed as hereinafter specified.
Said portion to be approved and acceptable to the City, or in lieu thereof,
the owners or developers shall, at the option of the City, pay to the City for
the use in the acquisition of public parks, open space and playgrounds,
development of existing public park and playground sites, and debt
retirement in connection with land previously required for public parks and
playgrounds, Any park cash contributions based on market value for
commercial/industrial zoned property is to be determined as identified in
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'., .,!,,,,J...:f~ d' ~
._' f:,: ?% ~- 'C', ~ f4j
Subsection C of this section are to be calculated and established based
on the land value at the time of final plat. Any park cash contributions for
residential zoned property are to be determined as identified in Subsection
C of this section, The form of contribution (cash or land) shall be decided
by the City based upon need and conformance with the approved City
Park Comprehensive Plans,
Dedicated Lands:
1, Requirements: Any land to be dedicated as a requirement of this
section shall be reasonably adaptable for use for active park and
recreation purposes and shall be at a location convenient to the people to
be served. Factors used in evaluating the adequacy of proposed park
and recreation areas shall include size, shape, topography, geology, tree
cover, access and location,
Also land dedication shall be selected based on the parkland need defined
by the Andover Park System Plan, Active parkland areas shall be
exclusive of wetlands, slopes exceeding twelve percent (12%), ponding
areas, or other features unsuitable for active park development. The City
may accept natural open space or passive park containing unique natural
environmental features as part of the parkland dedication. Selection of
park land for dedication shall be at the discretion of the City Council,
based on the policies and recommendations of the Comprehensive Plan
and the Comprehensive Park System Plan. The Council may vary from
these reQuirements if a development demonstrates uniQue attributes
sufficient for parks and open space included in the development.
2. Maximum Area of Dedicated Land: Developers of land within the
City of Andover shall be reQuired to dedicate 10% of land to the city
for park, open space and plaVQround purposes.
2. StaA€lar€ls F8r 9€lt@FmiAati8A: TR8 PaFk aA€l R8€lFGlati8A Cemmissi8A
sRall FGl€lemmeA€l t8 tRe City C8lo1A€lil a€l8~ti8A €If U;'j8 C8m~reReAsi'/e Parl~
ge':ele~meAt PlaA fer €leteFmiAiA~ "'Rat ~8FtieA ef €lC;U;)R ilol€lR €le\'ele~meAt
iReloll€l reas8Aa~ly ~e m€lloliF€l€l t8 ~e S8 €l8A':eYGl€l 8r €le€li€latGl€l. SloI€lR
C8m~F€lReASive Park ge\'eI8~meAt PlaA may take iAt8 €l8Asi€lerati8A tRe
2leAiA~ €llassifi€lati8A assi~Ae€l t8 tR€l laA€l t8 ~e €le'JeI8~e€l, tRe ~aFti€llollar
~F8~8se€l loIse fer Slol€lR laA€l, ameAities t8 ~e ~m'/i€le€l aA€l fa€lt@FS 8f
€leAsity aA€l site €levele~meAt as ~r8~8se€l ~y tRB e'.'JAeFS 8r €le':eI8~eFS.
TRe Park aA€l Re€lreati8A CemmissieA sRall fuFtRer r8€lemmeA€l €lRaA~eS
aA€l ameA€lmeAts t8 tRe Cem~mR€lAsi':8 Palf( gevele~meAt PlaA te mfleef:
€lRaA~eS iA tRe loIsa~e €If I.me WRi€lR may 8€l€llolr, €lRaA~€lS iA :!:8AiA~
€llassifi€lati8As aA€l €l8A€l€l~ts aA€l €lRaA~eS iA ~laAAiA~ aA€l €le'J€l18~meAt
€l8A€le~tG tRat Felat8 t8 tRe €le'leI8~meAt aA€l loIsa~BS t8 '.vRi€lR tRe laA€l may
~8 ~loIt.
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J, Park .A.A€! ReeFeatieFl CemmissieFl ReeemmeA€!atieFl: Tf::le Park aFl€!
ReeF@atisA Csmmissi8F~ sf::lall, iFl eaef::l ease, FeeSmmeFl€! ts tf::le City
CI:nmeil tf::le tetal aFea aFl€!leeatisFl sf s!'/ef::llaA€! tf::101t tRe CsmmissisA reels
SRSHI€! Be ss eSA'.'eye€! sr €!e€!ieate€! t'.'itf::liFl tRe €!evelsl'lmeAt fsr I'lark,
I'llaYQrGHFl€!, sl'leFl sl'laee aA€!I'lHBlie Hse I'lHrl'lsses.
Cash Contribution In Lieu Of Lands:
1, Amount Determined:
a. IFl tRese iFlstaFlees wRere a easR eSAtriBHtisFl is ta Be ma€!e BY
tRe S\'.'Flers er €!e'.'elsl'lers iFl lieH sf a eSA\'eyaFlee sr €!e€!ieatieFl sf
laFl€! fer I'lark, I'llaYSf8HFl€!, sl'leFl sl'laee sr I'lI.lBlie I.lse I'lHrl'lsses, tRe
PaFk aFl€! ReeFeatieFl CsmmissisFl sR01Il FeeSmmeFl€! ts tRe City
CSHFleil tRe amel.lFlt sf easR sOli€! CsmmissisFl feels SRSHI€! Be ss
eSFltriBl.lte€!, Sl.leR FeesmmeFl€!atisFl sRall Be Base€! SFl tRe market
'JalH8 sf tRe HFl€!e'Jelel'le€llaFl€l tRat 'IJaHl€l atReRvise Rape BeeFl
eeFlveye€! sr €le€lieate€l.
!! e. In lieu of land dedication, the City may require from the
developer or owner a cash contribution which is based on a fee per
10Uunit basis for the development of residentially zoned property. In
the case of the development of commercial/industrial zoned
property, the City may require a cash contribution from the.
developer or owner which is based on a maximum of ten percent
(10%) of the market value of the land. These fees 1 are established
and adopted by the City Council and are effective for any plat that
has not received preliminary plat approval after the date of
publication of this title, The fees would also apply to plats that have
received preliminary plat approval, but have not received final plat
approval by the City Council~ '.\'itRiFl t\\'~I'.'e (12) mSFltRs sftRe
I'lHBlieati€lFl €late sf tRis title. If an extension is requested of the
preliminary plat beyond the twelve (12) months, the fee that is in
effect at the time of the extension is the fee that is to be
contributed. Park cash contributions are to be paid to the city prior
to the recording of the final plat at the county. The City Council may
require the payment at a later time under terms agreed upon in the
development agreement. Delayed payment may include interest at
a rate set by the city.
.!;!.G. If the applicant or developer does not believe that the
estimates fees contained in the city fee schedule (pursuant to this
park dedication analysis) fairly and accurately represent the effect
of the subdivision on the park or trail system of the city, the
1 See subsection 1-7-3G of this code.
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applicant or developer may request that the city prepare an in-
depth study of the effect of the subdivision on the park and trail
system and an estimate of that effect in money and/or land, All
costs of said study shall be borne by the developer or applicant. If
the developer or applicant requests the preparation of such a study,
a plat application may proceed as if the fee had been paid,
pendinQ a decision on the appeal of dispute over the proposed
fee in lieu of dedication if:
1. The applicant puts the City on written notice of the
proposed fee in lieu of dedication,
2, Prior to the City's final decision on the application, the fee
in lieu of dedication is deposited in escrow, and
3, The applicant appeals under Minnesota State Statute
462.361 within 60 days of approval of the application.
If such appeal is not filed by the deadline, or the applicant
does not prevail on the appeal, then the funds paid into the
escrow must be transferred to the City, FIG a~~li€latiGFI fer
€feveIG~FReFlt sl,II;~FRitt@€f sRall ge €feeFRe€f €lGFR~lete wFltil tRe stw€fy
ROllO gesR €lGFR~lete€f aR€f a €feteFmiFlatiEm is FRa€fe as te tRs
a~~re~riate aFRGWFlt €If laR€f Gr FRGFley Fle€lessar;y tG effset tRe effel5l:s
Gf tRe sW9€fi'JisiGR.
~G. If a combination of cash and land dedication is required, the
cash contribution to the city would be determined as follows for
residential zoned property:
Step 1 : Total acreage of plat multiplied by ten percent (10%)
(minimum required land dedication) yields the required land to be
dedicated,
Ste~ 2: A€ltblal a€lr@s Gf ~ark tG ge €fe€fieats€f €fi\'i€fe€f 9Y tRe re€Jwire€f
laR€f tG ge €fe€fieats€f yiel€fs tRe ~ereeFlt Gf laFl€f tRat FRwst ge
€fe€fieate€f.
Step ~~: "Total park dedication fee" will be determined by
establishing the ultimate number of residential lots that can be
achieved geiFl~ €fe€fi€late€f €if no park land was dedicated ~
multiplied by the park dedication fee per unit as per the fee
schedule.
Step =4=~: Divide the "total park dedication fee" from Step 2 by the
required land to be dedicated from Step 1. This yields the "fee per
acre",
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;1,~J ':~!'-:\
ET
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~ \.' ".
Step ~~: Multiply the "fee per acre" from Step 3 by the acres of
park to be dedicated, which is to include on half (1/2) of th
street riQht-of-wav adiacent to the park. The land must be
exclusive of wetlands, slopes exceedina 12%. pondina areas.
or other features unsuitable for park land, This yields the dollar
value of credit for land eeiRg aeaieatea and for the riaht-of-wav
beina dedicated.
Step G~: "T€ltal fee" The "total park dedication fee" from Step 2
minus the dollar value of credit for land and riaht-of-wav being
dedicated from Step 5 yields the dollar amount and/or balance due
in park dedication fee.
Step 6: Credit will be Qiven towards the park dedication fee.
that is required for areas within the park that were required 'to
be improved bv the City and aQreed to bv the developer or
owner. Those improvements may include QradinQ of the park.
which must be Qraded a minimum of two feet above the 100-
year flood elevation or three feet above mottled soil or hiahest
anticipated water level, whichever is hiaher. Improvements
may also include. but are not limited tO,installation of
plaVQround equipment. installation of individual sanitary
sewer and water service (not the main laterallinesl. and any
other item that would relate to development of the park.
2. Market Value Of Lands: "Market value", for the purposes of calculating
the commercial/industrial park dedication fee as required by this title shall
be determined as of the time of the final plat approval without
improvements in accordance with the following:
a. The Park and Recreation Commission and owners or developers
may recommend to the City Council the market value. The City
Council, after reviewing the Park and Recreation Commission's
recommendation, may agree with the owner or the developer as to
market value. or
b, The owner or the developer may select ffem a list, €IRe €If Huee
~ an accredited appraisers that has been approved by the city to
establish the market value. The appraisal shall be at the expense of
the owner or the developer. Such appraisal shall be accepted by
the City Council and the owner or developer as being an accurate
appraisal of "market value".
DeAsity AAa O!'leA S!'laee Re€lwiremeRts: laRa area. 108 e€lAveyea 8r
aeaieatea f8r !'lam, 8!'leR s!'laee aRa !'llaygrewRa !'lwr!'l8ses may Retee wsea
ey .m €l'/:mH er aeVel8!'ler as aR all8t\'QAee fer aeVel8!'lmeRt as set 8wl iA
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[:)]P..~;;, ..:1,\. r:T:
~" & '~ ;-;r:'il.i''&, ~ ~i
tRe €lily :leFliFl~ erQiFlaFl€le, ne laFlQ 19Rall Be iFl aQQitieFl te, (e)(€le~t mr
5MBseetieFl I!!: €If tRis seetieFl), aFlQ Flet iFl lieM Qt., elileR slila€le re~MimmeRts
fer PlaRReQ !JRit Oe'JelelilmeFlts IilMFSMaFlt te Title 1 J, CRalilter J €If tRis
oo€le.
Credit For Private Open Space: Where private open space for park and
recreation purposes is provided in a proposed development and such
space is to be privately owned and maintained by the owner of that
development, such areas may be used for credit at the discretion of the
City Council against the requirement of dedication for park and recreation
purposes, provided the City Council finds it is in the public interest to do so
and that the following standards are met:
1. That yards, court areas, setbacks and open space required to be
maintained by city ordinances shall not be included in the
computation of such private open space;
2. An Association will be reauired to ensure that the private
ownership and maintenance of the open space is adequately
provided for;.. BY 'f.'FitteR a!!jmemeRt;
3, That the private open space is restricted for park and recreation
purposes by recorded covenants which run with the land in favor of
the owners of the property within the development and which
cannot be eliminated without the consent of the City Council;
4, That the proposed private open space is reasonably adaptable
for use for park and recreational purposes, taking into consideration
such factors as size, shape, topography, geology, access and
location of the private open space;
5. That facilities proposed for the open space are in substantial
accordance with the provisions of the recreational element of the
Comprehensive Plan, and are approved by the City Council; and
e. TRat 'NRere sM€lR €lmQit is !!jFaFlteQ, tRe ameMFlt €If smQit sRall Flet
exseeQ eRe RMFlQmQ ~emeRt (1 QQ%) fer tRe QevelelilRHilRt €If tRe
ameMRt €lalsMlateQ MFlQer 5MBsestieFl F ef tRis s€letieFl.
MiFlimMm Ama Of OeQisat@Q laRQ: Oe'.'elelileFS ef laFlQ y.'itRiR tRe €lily ef
ARQe"er sRall Be m~MiFeQ te QeQi€late te tRe sity fer lilaFk, elileR slilase
aRQ IillaY!!jFeMFlQ IilMrpeses as a miRimMm tRiiIt liler€leRta!!je €If !!jF@SS laRQ
ama as set eMt Bele\'J:
Re€lMimmeRt
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D' .~) 1\, t:p"T',
~:,'f!').,}rf X~ p-ti"'it ';
Resiaer;Jtial
1 Q ~er€l€mt
C@mmereial lr;Js\,lstrial
1 Q ~er€leRt
G, Metes And Bounds Lot Splits: HIe Parl~ aRS Re€lreati@R C@mmissi@r;J
may re€l@mm€lRS €laSA ~aymer;Jt iR lie\,l @f ~ark laRs @R metes aRS
B@\,lRSS let s~lits less tAaR t\.':eRty (2Q) a€lres iR si;le, TAe ~aymeRt
am@\,lRt sAall Be setermiRes tAr@\,lfJA tAe same ~r@€less @\,ltliRes iR
S\,lBse€lti@R C @ftAis Se€lti@R, The Park and Recreation Commission
may recommend to the City Council a cash payment in lieu of park
land on metes and bounds lot splits less than twenty (20) acres in
size. Where a cash contribution is reauired, the owner will be
reauested to contribute on a fee per lot or fee per unit as reauired
by City Code 1-7-4 for the lot that is beina split. The City will have a
riaht to collect a park dedication fee for any future subdivision of
the property,
F1, ^smiRistmtive Pr@€les\,lres: TAe Park ems Re€lreati@R C@mmissi@R
sAall estaBlisA S\,l€lA asmiRistrative ~rB€les\,lr@s as tAey may seem
Re@@ssal)' aRs F€l€l\,lires t@ im~lem€lRt tAe ~r@':isilms @f tAis title. (Ors.
1QFlFI, 5 ij 2QQJ)
11-3-8:
TRAILS:
Cash Contribution for Trails: The City shall have the authority to
reauire a trail fee that will be charaed at the time of subdivision. The
fee shall be established annually with the City Fee Ordinance and is
separate and distinct from the park dedication fee. The fee's intent is
to fund reaional trails as shown in the Comprehensive Plan.
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SECTION:
11-4-1:
11-4-2:
11-4-3:
11-4-4:
11-4-5:
11-4-6:
.11-4-7:
11-4-8:
11-4-9:
11-4-10:
11-4-11:
11-4-12:
11-4-13:
11-4-14:
11-4-15
11-4-16:
nn ~ ~"',.
,t,;!~;ljf( A1i;4~i &~~ H
CHAPTER 4
REQUIRED IMPROVEMENTS
General Conditions
Development Contract
Financial Security
Construction Plans
Inspections
Preexisting Improvements
Completed Improvements Documented
Street Improvement Standards
Drainage Facilities
Subsurface Conditions
Water And Sewer Systems
Sidewalks And Pedestrianways
Public Utilities
Dead and lor Diseased Trees
NonconforminQ Provisions
Official survey markers
11-4-1: GENERAL CONDITIONS:
ll~@FI resei~t @f ~reIiFfliFla~' ~Iat a~w@':al 8Y tAB CewFlsil aFl€l ~ri@r t@ CewFlsil
a~~f@lJal @f tAe fiFlal ~Iat, tAe sW8€1i':i€ler SA all Fflake ~fS':isi@f1, iFl tAe FflaFlFler
AereiFlafter set f@RA, fer tAe iFlstallati@FI, at tAe s@le ex~eFlse €If tAe sW8€1h:i€lef., €If
swsA iFfl~re\.'eFfleFlts as sAall 8e re€lwire€l 8Y tAe sity, '::AisA iFfl~fS':eFfleFlts Fflay
iFlslw€le, 8wt are FI@t liFflite€l t@, streets, si€le1f:alks, ~w8lis 'I:ater systeFfls, saFlitary
sevIer systeFfls, swr;fase aFl€l st@rFfl €lraifla~e systeFfls, aFl€l ~w8lis wtility sef\lises,
TAe iFlstallatiEm @f sai€l iFfl~r@\'eFfleFlts sAall 8e iFl s@Flf@fmip,,' witA a~~fS'Ie€l
G@Flstrweti@FI ~laFls aFl€l s~eGifiGati@Fls aFl€l all a~~IiGa8Ie staFl€lElr€ls aFl€l
@fGiFlaFls@s. (AmeFl€le€l Or€!, 1 Q, 2 Hi 1 Q72)
Upon receipt of preliminary plat approval bv the Council and prior to
Council approval of the final plat, the subdivider shall make provision. in
the manner hereinafter set forth, for the installation of all improvements
reauired bv the City. The improvements may include, but are not limited t
streets. sidewalks I trails, public water systems. sanitary sewer systems,
surface and storm drainaae systems. and public utility services, The
improv m nts shall be at th sole expens of th subdivid r, with th
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1 exc ption f Trunk Sanitarv Sewer, Trunk Water Main, and Reai nal Trail
2 Improv m nts. Th installation of said improv ments shall b in
3 conformity with approved construction plans and specifications and all
4 applicable standards and ordinances. Such improvements can be installed
5 publiclv or privatelv as identified in the City's Development Guidelines for
6 Infrastructure Improvements,
7
8 11-4-2: DEVELOPMENT CONTRACT: Prior to the installation of any
9 required improvements and prior to a(@(@r8'Jal release of the final plat for
10 recordinQ, the subdivider shall enter into a contract with the city to construct said
11 improvements at the sole expense of the subdivider. with exception to Trunk
12 Sanitarv Sewer. Trunk Water Main, and Reaional Trail improvements and in
13 accordance with approved construction plans and specifications and all
14 applicable standards and ordinances. Said contract shall provide for the
15 supervision of construction by the Engineer, and said contract shall require that
16 the city be reimbursed for all costs incurred by the city for engineering and legal
17 fees and other expenses in connection with the making of such improvements.
18 The performance of said contract shall be financially secured by a cash escrow
19 deposit or irrevocable letter of credit as hereinafter set forth. (Ord, 10FF, 8-5-
20 2002)
21
22 11-4-3: FINANCIAL SECURITY: The development contract shall require
23 the subdivider to make a cash escrow deposit or, in lieu thereof, to furnish a letter
24 of credit in the following amounts and upon the following conditions:
25
26 A. Escrow Deposit and I or Letter of Credit: The subdivider shall deposit
27 with the Finance DirectorfTreasurer a cash amount as required by the
28 city development contract with the total cost of sooA improvements as
29 estimated by the Engineer and I or identified in the contract. In lieu
30 of a cash escrow deposit. the subdivider mav furnish an
31 irrevocable letter of credit with a bankina institution acceptable to
32 the City. The amount shall include iRGly€liR!j the estimated expenses
33 of the city for engineering and legal fees and other expenses incurred
34 by the city in connection with the making of such improvements.
35
36 8, letter Of Cre€lit: IR Iiey sf a GaSR eSGrGw €Ief"'ssit, tRe sy~€Ii':i€ler may
37 fYrRisR aR iFrevsGa~le Istter sf GFe€lit, 1J!itR Iii Gs~srate syrety as F@€IYiF@€1
38 ~y tRS €lily €Ie'Jels(@msFlt €lSRtraGt \lJitR tRe tetal Gsst sf SYGR im(@r8'JsmeRts
39 as estimate€l ~y tRe eR!jiRser, iR€lIY€liR!j tRe estimat@€1 SX(@eRSe of tRS €lity
40 fer eR!jiRssriR!j aR€lle!jal fess aR€I stRsr eX(@eRSeS iR€lyrre€l ~y tRe €lily iR
41 €lSRRsE>tisR '.'i.'itR tRS makiR!j sf SY€lR im(@rG':emsRts.
42
43 B. G Conditions: The development contract shall provide for a completion date
44 on which all of the required improvements shall be fully installed;
45 completed and accepted by the city. The completion date shall be
46 determined ~y tRe CeYR€lil after €lSRsyltatisR '!:itR !2Y.the engineer and the
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~J m i~,_~;. di, i1.~,., 1(-
~~;(~y ~f:~~~ i~~:J~~ r ~
I subdivider, and shall be reasonable in relation to the construction to be
2 performed, the seasons of the year and proper correlation with .
3 construction activities in the subdivision. The development contract shall
4 provide that in the event the required improvements are not completed
5 within the time allotted, the city shall be allowed to exercise its power to
6 r€)@@'Jer @A tRe redeem the letter of credit or utilize the cash escrow
7 deposit to complete the remaining construction to city standards and
8 specifications. In the event the amount of funds recovered is insufficient to
9 cover the cost of construction, the Council may assess the remaining cost
10 to the lands within the subdivision. (Ord. 10FF, 8-5-2002)
11
12 11-4-4: CONSTRUCTION PLANS: Preliminary construction plans and
13 specifications for the required improvements conforming in all respects with the
14 standards and ordinances of the city shall be prepared at the expense of the
15 subdivider by a reaistered professional engineer licensed re~ister€)€!by the
16 state. In urban areas. final construction plans and specifications will be
17 prepared by the City Enoineer at the expense of the subdivider and shall
18 follow the Development Guidelines for Infrastructure Improvements. Such
19 plans and specifications shall become a part of the ~eFfGrFAaA@e development
20 contract. Tw@ (2) ~riAts @f sai€! ~laAs aR€! s~e@ifi@ati@As sRall 8e file€! v:itR tRe
21 CleFlc (Amended Ord, 10,2-15-1972)
22
23 11-4-5: INSPECTIONS: All required improvements shall be inspected
24 during the course of construction by the Engineer or their representative, and
25 acceptance of said improvements by the city shall require the prior written
26 certification by the Engineer that said improvements have been constructed in
27 compliance with the plans and specifications. (Amended Ord. 10, 2-15-1972)
28
29 11-4-6: PREEXISTINC COMPLETED IMPROVEMENTS: Improvements
30 which have been completed prior to application for final plat approval or
31 execution of the performance contract shall be accepted as equivalent
32 improvements, provided the Engineer shall certify in writing that said
33 improvements conform to city standards. (Amended Ord. 10,2-15-1972)
34
35 11-4-7: COMPLETED IMPROVEMENTS DOCUMENTED: Upon
36 completion of installation of all required improvements in a rural development,
37 the subdivider shall file with the GIeFk City Enaineer one mylar drawina. one
38 paper drawina, and one dioital COpy of plans a re~m€!",@i8I€l tr;a@iR~ aA€! m@
39 E2) @@~ies @f ~laAs and specifications showing all improvements as finally
40 constructed and installed. If the completed improvements were constructed
41 as an urban development, the City will prepare the final copies of plans and
42 specifications as finally constructed and installed at the expense of the
43 owner or developer. (Amended Ord. 10, 2-15-1972)
42
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n. ...!rtl ffi, Iii-T.
'." tW"{/!/ li\ [i~ ",.
fh~?' i:l '\\::~. tr":;:-J.f:S. &, "-
11-4-8:
STREET IMPROVEMENT STANDARDS:
A. With Municipal Sanitary Sewer And/Or Water:
1, Grading: The full width of the right of way of each street shall be
graded, including the sub-grade of the areas to be paved, in accordance
with the standards and specifications which have been .U:l8~t€l€l BY
r€ls81~ti8R €If tRe City C8~R"il. approved bv the City Council.
2, Paving: All streets shall be paved with concrete or bituminous surfacing
in accordance with the standards and specifications that have been
a€l8~te€! BY r€ls81~ti8R €If tRe approved bv the City Council.
3. lii8€l€liRQ4. Erosion Control: The portion of tRe street riQRt 8f'l:ay
BeY8R€l tRe ~a\'e€l s~Ra"e the riaht-of-wav between the street and the
property line shall rece.ive a minimum of four inches (4") of approved
topsoil and shall be sodded or a cash escrow provided prior to issuance of
a certificate of occupancy by the city.
4, Curb And Gutter: Concrete curb and gutter shall be installed on both
sides of the paved surface of all streets~ €)("e~t laRes.
5, Private Driveways: All private driveways providing access to public
rights-of-way shall be hard surfaced and, if serving two (2) adjoining lots
abutting the public right-of-way, shall be of a width designated by the city.
6. Street Signs: A street SiSRS €If a €lesiSR sian plan will be desianed
and approved by the city as per the Minnesota Manual on Uniform
Traffic Control Devices. sRall Be iRstalle€l at ea"R street iRteFSeetieR.
7, Screening: Screen planting shall be as required by tRe ~latl:iRS a~tR8ritl".
City Code Title 12-14-5.
8. Street Liahts: The subdivider shall be responsible for the
installation of Iiahts as identified in the Development Aareement.
B. Without Municipal Sanitary Sewer And/Or Water:
1, Grading: The full width of the right-of-way of each street shall be
graded, including the sub-grade, in accordance with the standards and
specifications which have been a€l8~te€! By r€lS81101ti8R €If approved bv the
City Council.
2. R8a€llii~Ra"es: Tem~8FaI)' r8a€! s~Ffaoos aR€! €!~st "8at sRall Be as
SA8'I:R iR "it>__ staR€lar€ls.
1 See also sections 9-1-5, 9-10-3 and 11-3-3N of this code.
43
o
o
o
~.~ ~T
~.! ;~.:.:i t....,~.-'",:I' ,N~:iZ 'il
~, ' @.~' f~.
~',,,,'1. -'.. :~:~_
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2. PavinQ: All streets shall be pav d with concr t or bituminous
surfacinQ in accordanc with th standards and sp cifications that
have be n approv d bv th City Council.
3, SeaaiFl~ Or SeeaiFl~ Erosion Control1: Te!')seil aFla sea er seeaiFl~
BeFlsistiFl~ €If The portion of the riQht-of-wav between the street and
the property line shall receive a minimum of four inches (4") of
approved topsoil and shall be sodded or seeded with the appropriate
seed mixture and application rate.....aOO mulched. and the mulch =aM disc
anchored as required in the city standards.
4, Driveways: Driveways shall be hard surfaced from the street to the
property line.
5. Street Signs: A street signs plan sf a aesi~F1 a!')!')rsvee BY tRe Bit)' sRall
BS iFlstallee at ea@R street iFlteFSe8tisFl will be desiQned and approved
bv the City as per the Minnesota Manual on Uniform Traffic Control
Devices.
6. Screening: Screen planting shall be as required by tRe !')lattiFl~
al,ltRsrity City Code Title 12-14-5.
7. Street LiQhts: The subdivider shall be required to install stre t
IiQhts as identified in the Development AQreement.
C. Required Intersection Improvements on City or County Roads:
1. The subdivider shall be required to pav a proportionate share of all
costs associated with required intersection improvements alonQ
County roads and City streets when new developments triQQers the
need for uPQrades (Le. riQht and left turn lanes. bvpass lanes, and
deceleration lanes). The subdivider shall make the required
improvements as a part of the street improvements for the new
development as identified in the preliminary plat approval. The City
Council may elect to construct such improvements as an
assessment proiect in which the subdivider shall accept an
assessment for a proportionate share of the improvements as
identified in the preliminary plat approval.
D. Phased Construction Requirements: To enable adiacent properties
to develop in a timely manner. the City shall have the riQht to require as a
part of the final plat of any phase the dedication of appropriate easements
and I or riQht of way and extension of streets and I or utilities throuQh
future phases to such an extent as to assure that the extension of utilities
to adiacent properties will be completed with the phase.
1 See also sections 9-1-5, 9-10-3 and 11-3-3N of this code,
44
c
o
n~'jJ !i""'n""
,;. ii\'<";" /,~. < Il
~~,rR '~\ .:<'~'% ~ ~ Q
I
2 11-4-9: DRAINAGE FACILITIES: Stonn sewers, culverts and water
3 drainage facilities shall be required when, in the opinion of the Engineer, such
4 facilities are necessary to ensure adequate drainage for the area, All such
5 drainage facilities shall be constructed in accordance with st.uu;l.m;ls aFl€l
6 s~€H5ifj€latiQFlS €lsta81isR€l€l DY tR€l €lity the City of Andover's Water Resource
7 Manaaement Plan and I or the Coon Creek Watershed District or Lower
8 Rum River Watershed Manaaement Oraanizations' plans, Drainage facilities
9 shall be provided to convey surface water to publicly owned or controlled
10 drainage facilities. (Amended Ord. 10,2-15-1972)
11
12 11-4-10: SIJBSIJRF!,CE CONDITIONS
13 GEOTECHNICAL REPORT: Hle sllD€li'Ji€ler sRall €lallSe tests tQ De ma€l€l €If
14 sllDSllmaS€l €lQFl€litiQFls t€l €I€lteFmiFl€l tR€l Flatllf€l aFl€l €l)A:€lFlt €If SllDSllma€l€l s€lil, r€l€ll{
15 aFl€l ,'later. TR€l l€lsatieFl aFl€l reslllts ef sai€l tests sRall De ma€l€l a'JailaDl€l t€l tRe
16 €lity. (Ar~€lFl€l€l€l Qr€!, 1Q, 2 15 HP'2) The subdivider shall submit a standard
17 aeotechnical report with a history and recommendations reaardina the site.
18 In addition. the report shall include SCS soil types, mottled soil elevations
19 r hiahest anticipated water table, existina aroundwater elevation. and soil
20 borinas to a minimum depth of 20 feet.
21
22 11-4-11 : WATER AND SEWER SYSTEMS: Where connection with the city
23 water and sanitary sewer system is deemed feasible by the Council, the
24 subdivider shall be required to install water and sanitary sewer mains and
25 services in the subdivision in addition to pennanent streets at the sole expense
26 of the subdivider with exception to Trunk Sanitary Sewer and Water Main
27 improvements as identified in the City's Assessment Manual, The Trunk
28 costs will be reviewed bv the City per the City's Development Guidelines
29 for Infrastructure Improvements, (Amended Ord. 10,2-15-1972)
30
31 11-4-12: SIDEWALKS AND PEDESTRIANWAYS: Where sidewalks and
32 pedestrianways are required by the City Council and pursuant to Minnesota
33 State Statute, they shall be hard surfaced in accordance with city standards,
34 Grades shall be approved by the Engineer. Sidewalks shall be placed in the
35 public right-of-way eFl€l feet (1') fr€lm tR€l ~f€l~€lFty liFle i;m€l sRall De at least fj':€l
36 met (5') '.vi€l€l in a location determined bv the City Enaineer and shall be a
37 minimum of five feet (5') wide. Reaional Trail improvements are identified
38 in the City's Transportation Plan. If a trail within a plat meets the definition
39 and location of a reaional trail. then the City will fund such improvements.
40 If an internal trail is reauired throuah the plattina process and does not
41 meet the definition and location of a reaional trail, then the improvements
42 shall be at the sole expense of the subdivider.
43
Q 44 (Amended Ord. 10,2-15-1972)
45 11-4-13:
PUBLIC AND REGULATED PRIVATE UTILITIES:
45
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'~"icJ;1~,~:tf~
Underground Utilities: All telephone, cable tel vision, electric and gas
service lines shall be placed underground within dedicated public ways or
recorded easements in such manner as not to conflict with other
underground services and in accordance with city standards. All
underground installation of service lines within street rights-of-way shall be
completed as determined by the City EnQineer ~rier te street slufaEliFlS.
Y~8F1 El'H,~~leti8F1 €If tRe iFlstallati8F1 €If "'FI€le~r8"'FI€l sel'viEle IiFles iFl
€le€liElate€l ~...~liEl'.\'ays, a traEliFlS aFl€l W:8 (2) El8~ies €If ~laFls aFl€l
s~eEli~Elati8F1S SR8'.'JiFlS tRe El8m~lete€l iFlstallati@FI sRall ~€l ~I€le V:itR tRe
CleFk.
Utility Poles: All utility poles, except those providing street lighting, shall be
placed in rear lot line easements.
Easements: All underground utility service lines, including water,
drainage and sanitary sewer systems, which traverse private property
shall be installed within recorded easements. (Amended Ord. 10,2-
15-1972)
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D, Overhead Utilities: All existinQ overhead utilities within the plat shall
be buried at the expense of the subdivider.
E. Phased Construction Requirements: As part of any phase of
development the City shall have the riQht to require the dedication of
appropriate easements and the extension of streets and utilities
throuQh future phases, Extension of streets and utilities with the any
phase will enable adiacent properties to develop in a timelv manner.
11-4-14: DEAD AND / OR DISEASED TREES: Dead and / or diseased
trees shall be required to be treated and/or removed as per City Code Titl
4-3 and as identified in the Development AQreement.
11-444 15: NONCONFORMING PROVISIONS: Nonconformance with the
standards and ordinances of the city in the development of property by the
subdivider or his/her agents shall be cause for the Engineer or the Administrator
to order cessation of all construction within the subdivision. In such event, no
further construction shall be allowed until written authorization is obtained from
the city. (Amended Ord. 10,2-15-1972).
11-4-16: OFFICIAL SURVEY MARKERS: Official survey markers or iron
monuments shall be placed at the corner of each lot. The locations of each
shall be shown on the final plat.Pi~es @r steel F@es sRall ~e ~laElee at eaElR
El€lFFler €If eaEl!;! 1st, aFl€l t!;!e I€lElati€lFl tRere€lf sRall ~e s!;!@'.\'Fl.
46
CITY OF
NDOVE
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
2007 PRELIMINARY PLAT APPLICATION
Preliminary Plat submittals will be evaluatedfor completeness using the Plat Submittal
Checklist, Applicants will be notified within ten business days if an application is complete,
No public hearing will be scheduled until a complete application has been reviewedfor
compliance with applicable regulations,
Street Location of Property:
Legal Description of Property:
Is property Abstract _ or Torrens
Note: If legal description is not provided the application is incomplete, Iflegal description
is longer than a few lines, please submit electronically,
Phone:
Fax:
c
Property Owner:
Address:
Signature:
Note: If property owner has not signed the application, the application is incomplete,
Phone:
Phone:
Fax:
Applicant:
Contact Person:
Address:
Description of Request:
CONNECTED ACTIONS (if applicable)
Comprehensive Plan Amendment Requested: YES ( ) NO ( )
Explain:
Rezoning Requested: YES ( ) NO ( )
Explain:
o Planned Unit Development Review Requested: YES ( ) NO ( )
Explain:
NOTE: Submittal of this application and fees does not preclude the applicant and/or property
owner from meeting all of the requirements as set out in Ordinance No. 10, the Subdivision and
Platting Ordinance; Ordinance No.8, the Zoning Ordinance; Ordinance No. 214, the "Tree
Ordinance"; Ordinance No. 107, the Flood Plain Ordinance; Ordinance No. 223, the Scenic River
Ordinance; Ordinance No, 108, the Shoreland Management Ordinance and other such
Ordinances and Policies in place and effect by the City of Andover and any other governmental
unit having jurisdiction thereon.
REVIEW PROCEDURE
Pre-Application Meeting: Prior to the preparation of a preliminary plat, the
subdivider(s) and/or owners shall meet with the City Planner and City Engineer to review
applicable ordinances, regulations, and plans in regard to the area proposed to be
subdivided. The subdivider(s) and/or owners are encouraged to bring any concept
drawings that have been prepared.
Sketch Plan Application: Applicants are advised to submit a sketch plan for review and
comment prior to submitting a preliminary plat. A separate application and fee are
required to initiate this process, Review of sketch plans by the Planning Commission and
City Council prior to submitting a preliminary plat is advised for all proposals, especially
those that vary from established zoning and subdivision standards and/or require planned
unit development review.
o
Preliminary Plat Application Fees: Application fees shall be paid at the time of
application and shall cover such costs as review by the Andover Review Committee,
attorney, site inspections, etc. Additional plat escrow fees may be required as the
development proceeds toward completion.
FEES
Filing
AMOUNT
$ 350.00
Plat Escrow Deposit
Urban Plat/Per Lot
Rural Plat/Per Lot
$350,00 x
$700,00 x
lots =
lots =
Public Notification Sign
$30,00
Total Application Fee
$
Park dedication and trail fees are required to be paid on a per unit basis at the time of Final Plat
as follows:
Park Dedication Fee:
Residential
Commercial/Industrial
Residential
Commercial/Industrial
$2,515,00 per lot
10% of appraised value
$612,00 per lot
Trail construction required
Trail Fee:
o
2
Preliminary Plat Review: Plats will be processed in compliance with Minnesota Statute
462.358. The Andover Review Committee (ARC) will review and comment on complete
preliminary plat submittals to assist the applicant in achieving compliance with applicable
ordinances. Plats that do not substantially conform with applicable ordinances will not be
scheduled for a public hearing until the issues have been resolved and/or will proceed with a
recommendation of denial as the end of the review period approaches.
The applicant is responsible for demonstrating compliance with the regulations of the appropriate
watershed management organization and the Anoka County Highway Department.
Planninl! Commission Public Hearinl!: Once a plat application achieves substantial compliance
with applicable ordinances, a public hearing will be scheduled to be held by the Planning
Commission. A public notice will be issued to the newspaper and property owners within 350
feet of the proposed development site, A sign will be placed on the property indicating that a
public hearing will be held. The applicant must provide eight (8) full size copies and one
reduction of the revised plat for the Planning Commission to review.
City Council Review: The City Council will review the proposed plat and the recommendations
of the Planning Commission. The Application Deadlines & Hearing Dates handout will be used
to determine the meeting date. The applicant must provide eight (8) full size copies and one
reduction of the revised plat for the City Council to review,
o
Final Plat: The procedure for final plat review and approval is provided on the Final Plat
Application form,
Timinl! and procedure for Public Improvement Proiects: Please refer to the Development
Policv Guideline,
I hereby submit this Preliminary Plat Application and declare THAT THE INFORMATION
AND MATERIAL SUBMITTED WITH THIS APPLICATION IS COMPLETE AND
ACCURATE per City Ordinances and policy requirements.
I understand that ONLY COMPLETE APPLICATIONS AND FEES will be accepted and
forwarded on to the Planning and Zoning Commission for public hearing and on to the City
Council for approval or disapproval. I understand that the application will be processed in
sequence with respect to other submittals.
Fee:
Date Paid:
Receipt No.:
Applicant's Signature
Date
o
Rev, 2/04 ARC
1/06
7/06
5/07 FP
3
o
CITY OF
NDOVE
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100
. FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
PRELIMINARY PLAT APPLICATION CHECKLIST
All preliminary plat submittals are reviewed for completeness using this checklist,
Applications found to be incomplete will be returned to the applicant, No public
hearing will be scheduled until a complete application has been reviewed for
compliance with applicable regulations,
Name of Proposed Development:
Date of Submittal:
Complete: Yes_ No
Submittal Review Conducted by:
REQUIRED PRELIMINARY PLAT DATA,
o A complete Preliminary Plat application and application fee.
o
o A complete preliminary plat submittal contains 8 full size plan sets, one llx17 and
one 8xll reduction ofthe following drawings:
. Preliminary Plat
. Grading, Drainage, Erosion Control, and Tree Protection Plan
. Preliminary Street and Utility Plan
. Landscaping Plan (If Required)
o A complete preliminary plat submittal also contains three signed and bound copies
of each of the following documents:
. Geotechnical (Soils) Report
. Storm Water Management Plan (Hydrology Report)- See the Water
Resource Management Plan Developer's Requirements handout (attached).
o An Abstract of Title or Registered Property Abstract, certified to date,
covering the property to be subdivided.
These plans and documents must contain all the information described below to
constitute a complete preliminary plat submiUal:
ALL SHEETS:
o
o
o ~~ir1lll.fiJlli"III.aIIJ~f the.prea.!I2I!.}"'r~II~1I.1
!Jb~lYtt___, ," " ' -";;Coc' _ _ "t;~LE\'~i81___JIIU", ---" :%:l~oWM.
o
o
o
o
o
o
ffi!.1I'#~f'[,"w'._rdlr..ii2:~ill.t~15rw.lJllr'1r!i.__'
CJ ~JL~~~1l.M;h;_",,~~b"i'ii\)2i _ ._. '..,." ____ __________.11.____ ___ - ___ Co !If. - _ - _ ',' _ _0 - w" ~ M ,I' "0 '0 _! -, ,,- - -, - -'1)
o
Layout of
proposed streets, including street centerlines, curb and gutter, and showing
right-of-way widths and proposed names of streets. The name of any street
heretofore used inthe city or its environs shall not be used, unless the
proposed street is an extension of an already named street, in which event
said name shall be used.
o Locations
and widths of proposed trails, sidewalks, trail easements and drainage and
utility easements,
o
o A le~end providin~ svmbols and labels for each feature indicated on
the plan sheets.
o
o Location of designated building pad for lots without municipal water and
sewer, The building pad must provide a minimum of 3,600 square feet of
contiguous buildable land area,
o For lots without municipal sewer, provide the location of two 5,000 square
feet areas designated for the primary and secondary on-site septic drain
field based on design criteria for a four (4) bedroom home and in
compliance with Chapter 7080 as amended. The design specifications for
the drain fields shall be submitted in a report at the time of the submittal of
the preliminary plat.
o Location of all delineated wetlands and the f1oodplainboundarv (flood
frin~e and floodwav areas). Any areas of flood plain proposed to be
removed and/or revised must aIse be indicated,
o
2
[J gIB_.j.lgRi1I'&'g~
PRELIMINARY PLAT:
o
o
[J
[J
[J
[J
[J
acre,
[J Plat area shown as follows: total area, area of dedicated county road right-
of-way, park area, wetland area (including 16.5 foot buffer strip), storm
water pond area below the 100 year flood elevation and including the
16.5 foot buffer strip.
[J
mber of 1i,:~"'m&h::"91,:wrili#"'7'~',_', -~l,iclil~,pr
Jil "IilUI ,,~Jlfl, "" ,!iT>t~ e
~.,,,,,R!Jl,,=,II=a:'='ii"_" {Iffl,.'fii ",1L" ~,o;:;@"W;i!""""",,";'
[J
3
o
o
o
o
o
o
o
o
o
Identify the location of the proposed plat as either in
the Coon Creek Watershed District or the Lower Rum River Watershed
Manaaement Oraanization.
o Whenever a portion of a tract of land is proposed for subdividing, the entire
parcel shall be required to be included in the preliminary plat. A sketch plan
for all adjacent undeveloped land shall also be required as part of the
preliminary plat. Potential locations for future right-of-way and roadway
extensions shall be rovided.
GRADING, DRAINAGE, EROSION CONTROL, AND TREE PROTECTION PLAN:
o
o
4
L~m""~1m;@~lfll" '~i\f~if\~~lfi\..ltlf~
X3,=+Jgli'#l_,,""lltm,..______#il~m~~~~8Heell!9l,"'!1~,l;k;,=,'3)_.&mi
i:I
i:I The buildable area of lots without municipal sewer and water shall be
required to have a finished grade of at least six (6') feet above the seasonal
high water mark and shall also require the lowest floor to be a minimum of
three (3') feet above the seasonal high water mark or two feet (2') above the
designated or designed one hundred (100) year flood elevation whichever is
higher,
i:I Proposed lots with municipal water and sewer shall provide a lowest floor at
least three feet above the seasonal high water mark or two feet above the
designated or designed one hundred year flood elevation whichever is
higher.
o
i:I
"-~'C'"'...'w'~="III".'=.II-=IIfjIl=I..~.~ .".~ "..
..".=..... '" ., . 'M' " ..~.
'wa\ell'" '... .. M .',
'. ......c.,,,,.h0,,,,8k;>3Jl;ffi_;~J"';,;;~ -- 8~;",,:~,=, __ I ~ __ _ _ _ _ __IL", ____:~"r&1;111i
i:I A 16.5-foot wetland buffer shall be shown adjacent to the delineated edge of
all wetlands and the normal water level of all storm water ponds.
i:I The first 110 feet of each lot shall be buildable, The 11 O-foot buildable area
must be outside of the 16,5-foot wetland buffer and above the 100-year
flood elevation.
i:I Siqht distance trianqles for all intersections on city streets as reQuir d
per the MNDOT Road Desian Manual, Anv city street that intersects
with a County road shall meet the requirements of the Anoka County
Hiqhwav Department,
i:I
o
i:I All proposed lots shall be shown in a table on the grading plan labeled "Lot
by Lot Tabulation" containing minimum basement floor elevations, the 100
year flood elevation, the mottled soil elevation or the highest anticipated
water level, type, proposed garage floor elevation, and percent grade of
driveway, In addition, the street centerline elevation, lookout elevation,
lowest opening elevation, top of window well elevation, and emergency
overflow elevation must be included in the Lot by Lot Tabulation.
5
o PRELIMINARY STREET AND UTILITY PLAN:
o
LANDSCAPING PLAN (IF REQUIRED):
o A landscaping plan showing proposed landscaping and/or screening from
public roadways for double frontage lots, Planned Unit Developments, and
urban lots that abut permanently rural areas, as required by City Code 11-3-
1-F.
r~;'~'"~.WilJlill.t.."ilm'eftjI"~__III';'~I~:NisHEm~
_~!I_fi,",~Mi!I~.~ WiMii@igg!;-,t""8lli831'333>>mrn3I=_~0WIl="""c".,-,"',~"">>;"""_,,
o Three signed and bound geotechnical reports with recommendations. The
report must also include SCS soil types, mottled soil elevations or highest
anticipated water table, existing ground water level, and all soil borings must
be performed to a minimum depth of 20 feet.
o
o Three signed and bound storm water management plan reports which
include the proposed method and calculations for disposing of surface water
drainage within and beyond the limits of the plat as required in the City of
Andover Water Resource Management Plan and/or the requirements of the
appropriate watershed management organization or watershed district.
o
,^^',qffiJ!lffiii!I~!lli~~Jll_Pj&~"0@
.ii eOJ;Jhl[~IWJwil!m!Jl~iiSdIiIl1JS!l~~tEJllil
o Upon completion of the first review, the City Engineer may, at their
discretion, require a traffic impact study.
o
^';;b:~.ll__d:~'''.IlI'''~
. 'f!. ,.,.~ .==,^,~Jil
o
o
6
o
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW.C1.ANDOVER.MN.US
FINAL PLAT APPLICATION
Name of Development:
Date of Submittal:
Street Location of Property:
Legal Description of Property:
Is property Abstract _ or Torrens
Note: If legal description is not provided the application is incomplete. If legal
description is longer than a few lines, please submit electronically,
Final Plat Application Fee = $150.00 Date Paid:
Receipt:
o
Property Owner:
Address:
Phone:
Fax:
Signature:
Note: If property owner has not signed the application, the application is
incomplete,
Applicant: Phone:
Contact Person:
Phone:
Address:
Fax:
Required Final Plat Data: It shall be a condition to the approval of a final
plat that the following data shall be shown on said plat or shall be furnished
therewith:
o Municipal, township, county or section lines accurately tied to the boundaries of
the subdivision by distances and angles.
o
Accurate angular and lineal dimensions for all lines, angles and curvatures used to
describe boundaries, streets, easements, areas reserved for public use, and other
important features shall be shown. Complete curve data shall be shown, including
radii, internal angles, points and curvatures, tangent bearings, and lengths of all
arcs. Dimensions of lot lines shall be shown in feet and hundredths of feet. No
dittg work shall be permitted in indicating dimension.
o
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o
o
Official monuments as designated and adopted by the County Surveyor and
approved by the district court for use as judicial monuments shall be set at each
comer or angle of the outside boundary of the final plat. Location of all
monuments shall be shown.
o Official survey markers: The location of all survey markers shall be shown
on the final plat, Pipes or steel rods shall be placed at each comer of each lot,
and the location thereof shall be shown,
o An identification system for all lots and blocks shall be shown.
o Streets shall be named, and all names shall be shown. A sequence of street
naming shall be followed consistent with the pattern that has been established for
the City. ill the ai'ca.
o In the event the final plat is a re-plat of an earlier subdivision, the original platting
of the subdivision shall be shown and identified by dotted lines.
o Judicial and county ditches shall be shown by dimensions and angles as
determined from county records.
o
Floodplains and wetlands LovllaHd MEt ',vater ai'eas shall be indicated by an
identification symbol.
o
o The maximum high water level as defined in the Department of Natural
Resources' Statewide Standards and Criteria for Management of Shoreland Areas
of Minnesota shall be shown.
o All utility and drainage easements, and the dimensions thereof, shall be shown.
o The names and platting of adjoining subdivisions shall be shown and identified by
dotted lines to a distance of one hundred feet (100') from the boundaries of the
subdivision under consideration. Lot, block and street arrangements of such
adjoining subdivisions shall be shown. Where adjacent land is unplatted, it shall
be so indicated.
o The plat shall be on Anoka County coordinates and Anoka County survey
datum,
o
Before any residential plat may be approved and before any permit may be issued
for a residence therein, the subdivider shall first present competent proofthat the
natural ground water level at all times in said subdivision is not less than three
feet (3') below the level of the lowest portion ofthe proposed structure, or that a
satisfactory system of ground water control will be constructed as an integral part
of the proposed residential subdivision.
o
2
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1685 CROSSTOWN BOULEVARD N.W, . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923. WWW,CI.ANDOVER,MN,US
TO: Mayor and Council Members
CC: Jim Dickinson, City Administrator
FROM: David D. Berkowitz, City Engineer
SUBJECT: Discuss Schedule for the July 3, 2007 City Council Meeting - Administration
. DATE: May 22, 2007
INTRODUCTION
The City Council is requested to discuss the schedule for the July 3,2007 City Council meeting.
ACTION REOUIRED
This is for discussion only. No action is required at this time.
Respectfully submitted,
(J~CJ. ~
David D. Berkowitz
1685 CROSSTOWN BOULEVARD N.W,. ANDOVER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER,MN,US
TO: Mayor and Councilmembers
CC: Dave Berkowitz, Acting City Administrator ~ . ./
Will Neumeister, Community Development DirectollUi--
FROM: Courtney Bednarz, City Plann~
SUBJECT: Consider Farm Animals on less than 5 acres for property at 3927 157th
Avenue NW
DATE: May 22, 2007
INTRODUCTION
Staff has received another request to allow up to 5 farm animals on a property less than
five acres in size. The property is 2.8 acres in size.
DISCUSSION
Other than the size of the property, the scenario is basically the same as the previous
request. The property owner purchased the property several years ago. The property
already had an accessory building that was used to house animals. The property owner
has raised chickens and ducks on the property since they moved in. They are requesting
that they be allowed up to 5 farm animals on the property as was previously allowed prior
to the change in the City Code. The change moved this property right to properties five
acres or larger.
ACTION REOUESTED
The Council is asked to determine if this property should be allowed to have up to 5 farm
animals,
Attachments
e-mail from Resident
Location Map
Courtn y B dnarz
From:
Sent:
To:
SUbject:
Cheray Crossman [Cheray.Crossman@cLcolumbia-heights,mn.us]
Friday, May 18, 2007 12:40 PM
Courtney Bednarz
Letter to City Council
113
Cheray
Crossman, vcf
Courtney,
My name is Cheray Crossman I live at 3927 157th Ave NW with my husband and children. It
has came to our attention that zoning ordinance have changed regarding farm animals. We
have spoken with our neighbor Chuck Seibsen at 3935 157th Ave NW on this issue. He was
told by you that a letter to the City Council would be necessary for consideration for
raising farm animals. I have included our letter for the same consideration. If you need
any other additional information please call myself or husband.
Dear Mayor and Council Members,
I am a resident of Andover along with my wife and five children. We moved here over 5
years ago to have a larger yard and to raise farm animals such has poultry, goats and
possible a pig, and to have a large garden to produce
vegetables and fruit. We believe that teaching our children to be self-sufficient in a
society that is so dependent on commercialism is very important. In choosing our home, I
made certain that we found a place that was large enough and
zoned to allow the raising of farm animals on a small scale. At the time we bought our
home, the zoning restrictions were such that we were permitted farm animals. Since that
time, we've begun raising chickens for eggs and meat. We are at the stage to add the
additional animals but recently became aware that a zoning change went into place last
year that changed the minimum acreage to 5 acres. Since we have only about 3 acres we are
no longer permitted to keep farm animals. This has been a great disappointment to us and
our children, so we would like to respectfully request that we receive permission to keep
a maximum of 5 farm animals on our property, exclusive of poultry. Any consideration of
this request is greatly appreciated.
Thank you
William and Cheray Crossman
3927 157th Ave NW
Andover, MN 55421
763-789-7139 home
612-325-3200 William cell phone
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