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Home My WebLink AboutOrd. 273 - Amend City Code 11-3-6 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE 273 AMENDING CITY CODE TITLE 11-3-6 LOTS TO AMEND THE BUlLDABlLITY REQUIREMENTS FOR RURAL PROPERTIES AND FOR BETTER COMPREHENSION THE CITY COUNCIL OF THE CITY OF ANDOVER DOES HEREBY ORDAIN AS FOLLOWS: STATUTORY AUTHORIZATION AND POLICY Statutory Authorization This City Code amendment is adopted pursuant to the authorization and policies contained in Minnesota Statutes 462. Policy The purpose of this City Code amendment is to regulate the buildability requirements for lots within the City of Andover. GENERAL PROVISIONS AND DEFINITIONS Jurisdiction The provisions of this City Code amendment shall apply to the City of Andover. Enforcement The City Administrator or his/her designee shall have the authority to enforce the provisions of this City Code amendment. Interpretation Interpretation of the provisions ofthis City Code amendment shall be held to be the minimum requirements and shall be liberally construed in the favor of the governing body and shall not be deemed a limitation or repeal of any other powers granted by State Statutes. Adopted by the City Council of the City of Andover this 2nd day of September, 2003. Attest: CITY OF ANDOVER ~~ ~___~---L lchael R. Gamache - Mayor ~aa Victoria V oIk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE 273 AMENDING CITY CODE TITLE 11-3-6 LOTS TO AMEND THE BUlLDABILITY REQUIREMENTS FOR RURAL PROPERTIES AND RESTRUCTURE THE REGULATIONS TO EASE COMPREHENSION THE CITY COUNCIL OF THE CITY OF ANDOVER DOES HEREBY ORDAIN AS FOLLOWS: 11-1-4: DEFINITIONS: BUILDABLE LOTS: Lots that conform to the requirements of Title 1 L Chapter 3. Section 6. ,^.. In areas lackiRg lffi:1il:icipal saRitary sewer, all lots or parcels shall have aR area of at least twenty two thousand fi'le ffimdred (22,500) sql:lare f-eat '.'1ith a finished grade of at least sb. feet (€i') above the seasanal high '.vater mark. .^Jl organic material shall be remoyed and replaced with granular material with NO more than five percent (5%) organic material by volume. The lowest floor shall be at least tlrree f-eat (3') abo'le the seasonal high. ',';ater mark or ONe foot (1') above the designated ar designed 100 year flaod elevatioN, whichever is higher, in the area of construetion plH'suant to title 9. cha13ter 3 efthis code l:lflless evidence is submitted and certified by a geotecllflicaI eBgineer, that shall be reviewed afld certified by an independent geoteehnical eagineer hired by the city at th.e expease of the de'/cloper aRd approved by the city cmmeil, that a separatioa oness than tlrree feet (3') CaR be aehie'/ed and is warranted. B. IN areas served by m:unicipal sanitary sewer, aU lots or parcels shall haye all organic material removed and replaced ','lith graflwar material ",;ith no more than five percent (5%) organic matciial by ';olume for the front one huncked feet (100') of depth of the lot at a minimum width of the lot as reqc1ired for that zoning district by the zomng ordinance. The lo'.'.'est floor shall be at least tlrree feet (3') above the seasonal high ',vater mark or ORe f-oot (1') abo'ie the designated Of designed 100 year flood elevation, v/hiche'ler is higher, in the area of cOflstruetion plH'Sl:laRt to title 9. chapter 3 of this code l:lfl1ess evideflce is submitted and certified by a geotechnical engineer, that shall be revie'.ved and certified by aR independeat geoteehnical efigiReer hired by the city at the expense afthe de'leloper aRd appro'led by the city couneil, that a separation of less thaR trn:ee feet (3') CaR be achieved and is '.varranted. 11-3-6: LOTS: A. Minimum Lot Size: The minimum lot area and dimensions shall be as specified in the . respective zoning districts ofthe city zoning ordinance~ , and in addition, the follo',ving standards shall apf'lly: 1. Served By Mooicipa:l Sanitary Sewer: IB areas served by mUBieipal sllBitary sewer llystems, BO lot shall eOBtaiB lells thllB eIeveB thOUSIlBd four hUBdred (11, ~OO) square feet nOF have a width of less than eighty feet (80') at the building setbaek line. l.deqoote rear yard area shall be provided to maintain a utilizable space for each lot as determined by the planning lmd zomRg eommission. COrlter lots shall be a minimum of one hUDdred feet (100') wide as measured at the building setbaek line or ninety feet (90') wide far haeIL to haeIL lots with a thirty five foot (35') front sethaek, exeefJt far two family lots whieh shall he required to be one hundred fifty fJereeRt (150%) of a single family minimum area and width. Residential lots shall be required to have the 10\\'ost floor to be a miniml:llR of three f-cet (3') abo'le the seasonal high ..vater mark or one f{lot (1') above the designated or designed 100 year flaod clevatioR, whichever is higher, unless e'lideBee is submitted and certified by a geoteehnieal engineer, that shall be reyiewed and certified by an independent geoteelmieal engineer hired by the city at the e)(pense oftlle developer and appra'led by the city council, that a separation ofless than three fcet (3') can be achieyed and is warranted. l~Jl-Y subdivision, lot sfJlit or refJlattiDg of existiRg developments shall be required to meet the staRdards of the origiRal development or to meet the average size of the existiRg lots. On eORtiRuiRg streets where houses were eORstrueted llrior to the adofJtion of ordiRanee lOR, adofJted .A.llril 5, 1983, the setbaek shall be thirty fIVe feet (35') uRless the existiRg struetures would indieate a lesser setbael. to maintain uRif-ermity iR R 2, R 3 and R ~ distriets. (Amended Ord. 10, 2 15 1972) 2. No Ml:IfI.ieipal Sanitary Sewer .'\Bd Outside Metropolitan Urban Senice l\rea: In areas wmeh are nat served by mURieipal sanitary sewer lmd outside the metropolitan Uf'ban service area., DO resideRtiallot shaD be developed far residentialllurposes unless it contains a minimum of one hundred eight thousand nine hundred (108,900) square feet, ofwhieh twenty m'o thousaRd five hundred (22,500) sEJ.Hare feet of eontiguous land area is buildable, with a minimum width of at least aRe hundred fifty feet (ISO') and a minimum depth of aRe hundred fifty feet (ISO'). In addition, there shall also be tVlO (2) five thousand (5,000) square foot areus designated and staked for the primary and seeondary on site septic drain field based on design criteria for a fal:lf (4) bedroom llome. The desigRated drain field locations as stated above shall eOHlflly with chapter 7080, Minnesota pollution eontrol agency individual seVlage treatment systems program., as amended. The location of the primary and seeoadary sites shall be indicated OR the preliminary gradiRg plan, and the design speeifications for the draiR fields shall be submitted at the time of the submittal of the prelimiB:ary plat. Said lot shall be reqHired to have a finished grade of at least six feet ((3') above the seasonal high water mark and shall also require the lowest floor to be a minimum of tlH-ee f-cet (3') above the seasonal high water mark or one foot (1 ') above the designated or designed 100 year flood ele\'ation, whichever is higher, unless eyidence is submitted and certified by a geotechnical eRgineer, that shall be reviewed lmd eertified by an indopeRdOflt geotechnical engineer hired by the city at the ~(pense of the developer and approved by the city council, that a separatioR of less that tlH-ee fcet (3') can be achieved lmd is 'Narrlmted. Said lot shall also have a width of at least three hundred feet (300') as measured at the front huilding sethaek liRe. For lots whieh abut a elll de sac, the lot width at the setback line is to be a miB.:iffil:lHl. of ORe hundred sixty fcet (160'). Two (2) lots ma)(imum are allowed at the end of each cui de sac regardless ofilie lot ..y-idth. The preliminary plat shall show a feasible plan for f'tttHfe resabdi'lision by whieh lots may be resubdi...ided to meet the size and dimension standards eflots in areas served by mrmicipal sewer where the city deems it necessary in those areas that can be served in the future. These pro'lisions shall not apply to plats appro'led by the city prier to October 17, 197&. (:'-mended Ora. 10,2 15 1972; al.'fla. 2003 Code) B. Buildability Requirements: Residential lots shall have the lowest floor a minimum of three (3') feet above the seasonal high water mark or one (1 ') foot above the designated or designed one hundred year flood elevation. whicheyer 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 approyed by the City Council that a separation of less than three (3') feet can be achieved and is warranted. 1. Lots served by municipal sanitary sewer shall remove all organic material and replace with granular material with no more than five (5%) percent organic material by volume for the front one hundred (100') feet of depth of the lot at a minimum width of the lot as required for that zoning district by the Zoning Ordinance. BC. Location: All lots shall have at least the minimum required frontage on a publicly dedicated street. GD. Comer Lots: Comer lots shall be platted at least ten feet (10') wider than interior lots on all lots of less than three hundred feet (300') in width at the building setback line. Comer lots shall be a minimum of one hundred (100') wide as measured at the building setback line or ninety (90') feet wide for back to back lots. E. Cul-De-Sac Lots: The minimum lot width at the front setback line for cul-de-sac lots lacking municipal sanitarY sewer is one hundred sixty (160') feet. Two lots per cul- de-sac are allowed to utilize the reduced lot width. 9E. Butt Lots: The use of butt lots shall be avoided wherever possible. EG. Watercourses: Lots abutting upon a watercourse, drainageway, or stream shall have such additional depth or width as may be required to protect house sites from flooding and shall be subject to restrictions of the department of natural resources and U.S. corps of engineers. :FR. Double Frontage Lots: Lots with frontage on two (2) parallel streets shall not be permitted except where lots back on arterial streets or highways. Double frontage lots shall have an additional depth for screen planting along the rear lot line often feet (10'). GI. Access To Thoroughfares: In those instances where a plat is adjacent to a limited access highway or other major highway or thoroughfare, no direct vehicular access shall be permitted from individual lots to such highway. HI. Natural Features: In the subdividing ofland, 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. IK. 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. (Amended Ord. 10, 2-15-1972). L. Re-Subdvision: The preliminary plat shall show a feasible plan for future re- subdivision by which lots may be re-subdivided 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 Buffer: Pursuant to Title 13. Chapter 6 a one rod (16.5 feet or 5 meters) wide area abutting a wetland and/or storm water 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 100 foot buildability requirement. 12-3-4 12-3-4 12-3-4: MINIMUM DISTRICT REQUIREMENTS R1 R2 R3 R4 R5 M1 M2 GR Lot area Der dwellino unit (sf) 1 - familv homes 2.5 acres 2.5 acres 2.5 acres 11 ,400 5,500 1-family homes (lots created before 1 acre 20,000 10/17/78 Sino Ie - familv twin homes 6,000 5,000 - Sinqle - family attached 6,000 5,000 - Aoartments lIot area per unit in s.f.' 1 - bedroom aoartment unit - 4,000 - 2 - bedroom apartment unit - 5,000 - Floor area per dwellinQ unit (s.f.) 1 - family homes 960 1,200 960 960 960 - Sino Ie - familv twin homes 960 960 - Single - familvattached - 960 960 - 1 - bedroom apartment unit - 700 - Each additional apartment bedroon 150 (plus) - - - Lot Dimensions Lot width - front setback line (feet) 300 t6S-300 400 300 80 150 150 120 Lot widthllots created before 165 100 10/17/78\ . Lot depth (feet) 150 150 150 130 150 150 135 Minimum qaraae size (s.t.) 440 440 440 440 220 + 1 pr!< 220 + 1 prk 220 + 1 pr!< see spe see Non - residential lot area (acres or s.t.) 5 acres 1 acre 20000 sJ. 20000 sJ. 20000 sJ. 20000 sJ. 20000 s Minimum district size Heiqht (maximum) 35 35 35 35 35 35 35 Land coverage 20 20 30 30 20 30 30 Ifmax. % of structures) Buildina setbacks lA-ny yard setback (from county road' 50 50 50 40 50 50 50 Front yard setback (feet) 40 40 35 **35 30 40 40 Side yard setback from interior lot 10 10 10 10 20 30 10 line Side yard setback from property line 40 40 35 ****35 30 30 30 adiacent to street Attached residential garage (over 6 20' wide) from interior lot line Rear yard setback I 50 50 30 30 30 30 30 Adopted by the City Council of the City of Andover this 2nd day of September, 2003. Attest: CITY OF ANDOVER ~# /10-;j~ ichael R. Gamache - Mayor ~/ tJ~ Victoria V olk - City Clerk