HomeMy WebLinkAbout07/23/02
-e CITY of ANDOVER
Andover Planning and Zoning Commission
Special Meeting Agenda
July 23, 2002 ,
Andover City Hall
Council Chambers
6:00 p.m.
1. Call to Order
2. Training session for Planning and Zoning Coinmission members
3. Adjournment
e .
e
~
•
CITY of ANDOVER
Andover Planning and Zoning Commission
Meeting Agenda
July 23, 2002
Andover City Hall
Council Chambers
7.00 p.m.
1.
Callao Order
2.
Approval of Minutes - July 9, 2002
3.
PUBLIC HEARING Special Use Permit (02 -10) for Home Occupation
Nail Salon for Tracey Edwards at 14824 Eagle Street NW.- Staff Report
prepared by Jon Sevald, Planning Intern.
4.
PUBLIC HEARING: Consider amendment to Ordinance 8, Section 7.04
Prohibited Uses to add compost facilities as a prohibited land use in all zoning
•
districts. Staff report by Will Neumeister, Community Development
Director.
5.
PUBLIC HEARING: Consider amendment to Ordinance 8, Section 4.21
Fences and Walls to allow decorative fences taller than four feet in height
within the front yard setback of residential properties in the R -1 and R-2
Zoning Districts. This ordinance amendment would be Citywide. , Staff
report by Courtney Bednarz, City Planner.
6.
Other Business
7.
Adjournment
f
CITY of ANDOVER
PLANNING AND ZONING COMMISSION MEETING — JULY 9, 2002
The Regular Bi- Monthly Meeting of the Andover Planning and Zoning Commission was
called to order by Chairperson Jay Squires. on July 9, 2002, 7:05 p.m., at the Andover
City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota.
Commissioners present: Chairperson JaySquires, Commissioners Tim Kirchoff,
Mark Hedin, Tony Gamache, Rex Greenwald (arrived at
7:20 p.m.) and Dean Daninger.
Commissioners absent: Commissioner Douglas Falk
Also present City Planner, Courtney Bednarz
Planning Intern, John'Sevald
Others
APPROVAL OF MINUTES.
June 25, 2002
Motion by Daninger, seconded by Hedin, to approve the minutes as presented. Motion
carried on a 5 -ayes, 0 -nays, 0 present, 2- absent` (Greenwald 'and Falk) vote.
PUBLIC HEARING: LOT SPLIT (02 -06) TO CREATE TWO URBAN
RESIDENTIAL LOTS FOR ROBERT DAY 'OF TAYLOR MADE HOMES, INC.
FOR PROPERTYLOCATED AT 14393 OSAGE STREET NW.
Mr. Bednarz explained that the applicant is seeking approval of a proposal to divide the
subject property into two single- family urban residential lots.
Mr. Bednarz summarized the staff report. He mentioned that new water and sewer stubs
would need to be provided for the new lot, this wasn't something foreseen in the original
public improvement project.
• Chairperson Squires asked Mr. Bednarz about the proposed resolution and the six
conditions. On proposal four, should they include in that water be petitioned
Regular Andover Planning and Zoning Commission Meeting
Minutes —July 9, 2002
Page 2 •
for and provided to the lot. Mr. Bednarz stated it was a prudent decision to make sure
that both water and sewer be provided to the new lot.
Motion by Daninger, seconded by Kirchoff, to open the public bearing at 7:08 p.m.
Motion carried on a 5 -ayes, 0 -nays, 2- absent (Greenwald and Falk) vote.
There was no public input.
Motion by Kirchoff, seconded by Gamache, to close the public hearing at 7:09 p.m.
Motion carried on a 5 -ayes, 0 -nays, 2- absent (Greenwald and Falk) vote.
Motion by Kirchoff, seconded by Hedin, to recommend to the City Council approval of
Resolution No. , approving the lot split to request to create two urban residential lots
at 14393 Osage Street N.W. for Taylor Made Homes with addition to the water
requirement in item four of the Resolution. Motion carried on a 5 -ayes, 0 -nays, 2- absent
(Greenwald and Falk) vote.
Mr. Bednarz stated that this item would be before the Council at the August 6, 2002 City
Council meeting.
PUBLIC HEARING. VARIANCE (02 -06) TO ORDINANCE NO. 8, SECTION 6.02 •
MINIMUM DISTRICT PROVISIONS TO VARY FROM THE REQUIRED
BUILDING SETBACKS FOR PROPOSED UTILITY STRUCTURE AT 4517
VALLEY DRIVE NW FOR NORTHERN NATURAL GAS.
Mr. Bednarz explained that the applicant is seeking approval of a variance to the front
yard setback to locate an accessory building on the subject property. The applicant was
not able to obtain consent from the property owner to pursue this application. The
applicant has obtained an easement on the subject property upon which the current
facilities are located. The applicant cannot pursue this request without the consent of the
property owner.
Mr. Bednarz explained the structure would be used to odorize the natural gas pipeline
that runs through the property. This project is intended to achieve compliance with
recently changed federal regulations that require the natural gas system to be odorized.
Mr. Bednarz asked the Commission to table this item indefinitely until Northern Natural
Gas and the property owner came to an agreement.
Chairperson Squires asked if the applicant was notified that the application was
incomplete. Mr. Bednarz stated he was.
Motion by Daninger, seconded by Gamache, to table this item indefinitely. Motion •
carried on a 5 -ayes, 0 -nays, 2- absent (Greenwald and Falk) vote.
Regular Andover Planning and Zoning Commission Meeting
Minutes —July 9, 2002
• Page 3
PUBLIC HEARING. VARIANCE (02 -07) — VARIANCE TO ORDINANCE NO. 8
SECTION 6.02 MINIMUM DISTRICT PROVISIONS TO VARY FROM THE
REQUIRED BUILDING SETBACKS FOR PROPOSED UTILITYSTRUCTURE AT
14800 PRAIRIE ROAD FOR NORTHERN NATURAL GAS.
Mr. Bednarz explained that Northern Natural Gas is requesting a variance to the front
yard setback to locate an accessory building on the subject property. The structure would
be used to odorize the natural gas pipeline that runs through the property. This project is
intended to achieve compliance with recently changed federal regulations that require the
natural gas system to be odorized.
Mr. Bednarz stated a variance to building setbacks is necessary to locate the proposed
structure on the site.
Mr. Bednarz stated it was recommended that a variance to reduce the rear yard setback to
30 feet be granted to allow the structure to be located behind the existing above ground
equipment. He summarized the Staff Recommendation Graphic.
• Mr. Bednarz stated the applicant must also complete the Commercial Site Plan process
with the Andover Review Committee (ARC). This process will allow building, fire and
engineering experts from both the applicant and the City to ensure that the facility will be
constructed in a manner that will facilitate safe and efficient operations. Improvements to
the site will also be required to bring the site into compliance with existing regulations.
Mr. Bednarz stated staff was concerned with the proposed location because of the large
variance to the front yard setback and stated the building would be pushed closer to
Prairie Road and make it more visible. Mr. Bednarz showed pictures of the structure to
the Commission and described the exterior materials proposed for the building.
Mr. Mann and Mr. Nelson, applicants, stated they could not use asphalt shingles and the
roof would be similar to the one pictured but in forest green.
Commissioner Hedin asked if the chain link fence was entirely around the perimeter. Mr.
Bednarz stated it was around the equipment only. Commissioner Hedin asked if the
fence would be moved to enclose the building. Mr. Bednarz stated the fence would be
moved to allow the building to be constructed inside the fence.
Motion by Daninger, seconded by Kirchoff, to open the public hearing at 7:20 p.m.
Motion carried on a 5 -ayes, 0 -nays, 2- absent (Greenwald and Falk) vote.
• Commissioner Greenwald arrived at 7:20 p.m.
LI
Regular Andover Planning and Zoning Commission Meeting
Minutes — July 9, 2002
Page 4
Commissioner Gamache asked the applicant if there was a specific technical reason why
the building needs to be put in that specific spot or would the area where staff is
recommending it be put work. Mr. Mann and Mr. Nelson stated the area would work.
Commissioner Gamache asked if there was a pipe above ground that would need to be
attached to the building. Mr. Mann and Mr. Nelson stated there was not so they did have
options as to where to place the building.
Commissioner Daninger asked why this site was chosen and would there be other sites
throughout Andover. Mr. Mann and Mr. Nelson stated these are the points where branch
line laterals come off the main line and they were required to odorize lines that reach a
certain encroachment criteria and they need to odorize at the start of the branch lines.
Commissioner Daninger asked if there would be a smell and what would it be like. Mr.
Mann and Mr. Nelson stated there would not be a smell. There is currently odorized gas
running through Andover's lines. He stated the equipment they will be installing will be
stated of the art and have less prone to mechanical problems.
E
Mr. Bednarz stated the potential smell was discussed by ARC and there should be some
consideration given to adding a condition of approval to ensure Northern Natural Gas
will work with the City to prevent problems.
Chairperson Squires stated they should impose a condition that requires the applicant to is
operate the facility in a manner that minimizes the impact of odor on surrounding
residential properties. Mr. Mann and Mr. Nelson stated it was in their best interest to
keep the odor within the pipeline.
Commissioner Greenwald asked if there would be a gas leak, where would it be. Mr.
Mann and Mr. Nelson stated the odorizers that have been purchased would be hooked up
to the phone lines and monitored at all times. This would give them a lot more control.
There would be the ability to notify local emergency in case of a leak.
Commissioner Daninger asked what was an alternative site. Mr. Mann and Mr. Nelson
stated there was no alternative site and the only other alternative was to move it closer to
the road.
Motion by Gamache, seconded by Daninger, to close the public hearing at 7:28 p.m.
Motion carried on a 6 -ayes, 0 -nays, 1- absent (Falk) vote.
Commissioner Gamache asked if they still needed a variance to put the building on the
property. Mr. Bednarz stated they would.
Commissioner Daninger asked if they would be able to see a design for the building
before it was constructed. Mr. Bednarz stated they would take another look at the
building. Mr. Mann and Mr. Nelson stated this was a packaged unit that comes with the
building and there would not be any building constructed on the site, it would be
go
Regular Andover Planning and Zoning Commission Meeting
Minutes —July 9, 2002
• Page 5
delivered to the site. Mr. Bednarz stated that the applicant will be required to construct a
building in conformance with Andover's ordinances.
Motion by Daninger, seconded by Hedin, to recommend to the City Council approval of
Resolution No. , approving the variance as written and prepared by staff and
reducing the rear yard setback by twenty feet and requiring the applicant to minimize the
potential nuisance characteristics. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Falk)
vote.
Mr. Bednarz stated that this item would be before the Council at the August 6, 2002 City
Council meeting.
PUBLIC HEARING: CONSIDER AMENDMENT TO ORDINANCE 8, SECTION
4.21 FENCES AND WALLS TO ALLOW DECORATIVE FENCES TALLER THAN
FOUR FEET INHEIGHT WITHIN THE FRONT YARD SETBACK OF
RESIDENTIAL PROPERTIES. THIS ORDINANCE AMENDMENT WOULD BE
CITYWIDE.
Mr. Bednarz explained the City Council has asked the Planning and Zoning Commission
• to review the maximum fence height in the front yard setback of rural residential
properties. This item is the result of a previous variance request that was unsuccessful.
Mr. Bednarz summarized the staff report.
Motion by Hedin, seconded by Daninger, to open the public hearing at 7:33 p.m. Motion
carried on a 6 -ayes, 0 -nays, 1- absent (Falk) vote.
There was no public input.
Motion by Hedin, seconded by Gamache, to close the public hearing at 7:34 p.m. Motion
carved on a 6 -ayes, 0 -nays, 1- absent (Falk) vote.
Chairperson Squires asked what was a definition of a decorative fence. Mr. Bednarz
stated the Ordinance did not give a definition of a decorative fence and the beginnings of
a definition were in the report and stated it could be wrought iron, aluminum and steel.
Chairperson Squires asked if the intent was not to have a chain link fence. Mr. Bednarz
stated this was true. Commissioner Gamache stated the Ordinance right now allows a
four -foot chain link fence. Mr. Bednarz stated that was correct.
Commissioner Greenwald asked if there were any of these fences in the community now
• that were over four feet and if this was a problem and if they were grandfathered in. Mr.
Bednarz stated there is a provision in the Ordinance that would allow the Council to
mandate that a fence be removed.
Regular Andover Planning and Zoning Commission Meeting
Minutes —July 9, 2002
Page 6
Commissioner Greenwald asked if this was a safety issue for the fence to be four feet in
height or just a decorative issue. Mr. Bednarz stated he believed it was a combination of
these.
Commissioner Hedin stated what they were looking at was rural properties. Mr. Bednarz
stated the way it was written, it would in R -1 and R -2 zoning districts.
Commissioner Kirchoff asked if the Ordinance precludes having a six -foot chain link
fence. Mr. Bednarz stated in the front yard setback area it does. Commissioner Kirchoff
stated the way this was proposed was it would allow a six -foot chain link fence in the
front. Mr. Bednarz stated this was true.
Commissioner Greenwald stated they should require a permit in order to put up this type
of fence. Mr. Bednarz stated some cities require a permit for fences and require property
owners to locate property corners. Commissioner Greenwald stated he thought they
should require a permit in order to install a fence. Andover provides information on an
individual basis, with handouts, newsletter articles and on the web page. Staff always
provides this service to residents who seek assistance.
•
Commissioner Daninger asked if there was anyone else who made a request like this or •
asked for a variance. Mr. Bednarz stated that he was not aware of any others.
Commissioner Hedin asked why there was a sixty -day amortization period included in
this. Mr. Bednarz stated it looked like it was something specific to barbed wire and
electric fences. Commissioner Hedin stated that non - conforming fences could mean any
fence higher than it should be. Mr. Bednarz stated the sentence does not clarify barbed
wire or electric fences.
Chairperson Squires stated that he believed the sixty -day amortization period would
apply exclusively to barbed wire and electric fences.
Commissioner Hedin stated he was comfortable with what was written. He stated he
would be in favor of this and they should add that chain link fence would not be an
acceptable decorative fence if it were over four feet in height.
Commissioner Greenwald asked what if someone was in non - conformance now. Mr.
Bednarz stated that they would adjust the language to fit with the change that was made.
Commissioner Daninger asked who decides what is decorative and what is not. He stated
that if they write this language they might never see this in front of them because of the
cost of the fence and the size of the lot. He asked who quantifies this. Mr. Bednarz
stated they could write up a definition and bring it back to the Commission for approval. •
Regular Andover Planning and Zoning Commission Meeting
Minutes —July 9, 2002
• Page 7
Commissioner Greenwald stated even if there was a definition, there was not a permit
process so it would not be enforced.
Chairperson Squires stated every one has their own idea of a decorative fence and it
would be unfair for the City to state what is decorative and what is not. The applicant
should come in with a plan and the City would work with the applicant and come to an
agreement.
Commissioner Kirchoff asked if this was only for six -foot front yard decorative fence or
anything exceeding four feet in the front yard. Mr. Bednarz stated that was true.
Commissioner Hedin asked if this was something that staff could do and look at the plans
and sign off.
Commissioner Daninger stated the concern was the four to six foot fence and trying to
protect the property owner from purchasing the fence and to have some type of review.
Chairperson Squires asked if there was general agreement to pursue changing the
Ordinance to allow an additional two feet in the yard in rural areas. Commissioner
Gamache stated if they could be specific enough in allowing the type of fence to be put
UP.
• Commissioner Greenwald asked if Anoka or Blaine had anything specific in their
Ordinance that they could look at. Mr. Bednarz stated he would check into this.
Chairperson Squires asked Mr. Bednarz if he could come back with abetter definition for
decorative fences and include chain link would not be defined as decorative. Mr.
Bednarz stated he would.
Commissioner Greenwald stated he would be more comfortable with requiring a permit
instead of reviewing the plans. Commissioner Gamache asked if they should require
pen for all fences. Mr. Bednarz stated they could consult with the other cities and
bring information back to the Commission.
Commissioner Hedin stated that by having a permit process, this would be taking on
more responsibility in making sure the fence is correct and he was not sure if the City
should take on that responsibility. Commissioner Kirchoff asked if this meant the City
would have the responsibility as to where the fence would be. Mr. Bednarz stated City
involvement does raise issues.
Commissioner Daninger stated staff should collect more information and bring it back to
the Commission. He stated there had to be a way to protect the neighbors also and allow
the neighbor to have a say when the fence goes above four feet in height.
E
Regular Andover Planning and Zoning Commission Meeting
Minutes —July 9, 2002
Page 8
OTHER BUSINESS.
Mr. Bednarz introduced Planning Intern John Sevald and reviewed his background.
Mr. Bednarz mentioned that there would be a Planning & Zoning Commission training
on Tuesday, July 23, 2002, beginning at 6:00 p.m. in the Council Chambers.
Commissioner Greenwald stated he would not be able to attend and asked if this could be
rescheduled until after Commissioner Hedin's replacement is named and begins.
ADJOURNMENT.
Motion by Daninger, seconded by Hedin to adjourn the meeting at 8:05 p.m. Motion
carried on a 6 -ayes, 0 -nays, 1- absent (Falk) vote.
Respectfully Submitted,
Sue Osbeck, Recording Secretary
TimeSaver Off Site Secretarial, Inc.
•
is
•
A
'* G)
Ful
FROM
CC:
CITY OF ANDOVER
1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100
FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US
Planning and Zoning Commissioners
Jon Sevald, Planning Intern �s
Courtney Bednarz, City Planneuv
SUBJECT: Public Hearing: Special Use Permit (02 -10) for a home occupation nail salon
located at 14824 Eagle Street NW — Tracey Edwards. Staff report by Jon Sevald,
Planning Intern.
DATE: July 23, 2002
INTRODUCTION
The applicant is seeking approval of a special use permit to allow a home occupation nail salon
within the principal structure of the subject property.
DISCUSSION
Applicable Ordinances
Ordinance 8, Section 5.03 provides the criteria to be considered in reviewing Special Use Permit
applications for Home Occupations. Ordinance 8, section 5.03(B)l provides the criteria to be
considered in reviewing applications for in -home beauty salons. These are as follows:
(1) In -home beauty salonsibarber shops shall be subject to the following:
a. One (1) chair salon/barber only
b. The hours of operation shall be approved by the City Council.
c. Parking requirements shall be as set out in Ordinance No. 8, Section 8.08.
d. The salon/shop must comply with the State Cosmetology Board and the
State Barbers Board requirements.
e. In non - sewered areas, the septic system must be in compliance with
Ordinance No. 37, the On -Site Septic System Ordinance. A beauty
shop/barber shop shall be considered the equivalent to one (1) bedroom in
terms of usage under Ordinance No. 37.
1
V
• f. The Special Use Permit shall be subject to an annual review.
g. The beauty shop/barber shop shall be owner occupied.
h. Upon sale of the premises for which the Special Use Permit is granted,
such Permit shall terminate.
i. Drawings detailing the salon/shop shall be submitted at the time of the
request for the Special Use Permit.
j. In non - sewered areas, a minimum of 39,000 square feet of lot size shall be
required.
k. In non - sewered areas, the septic system shall be inspected annually before
the Special Use Permit is reviewed. (8Q, 5- 04 -82)
Comparison of Proposal to Applicable Ordinances
The proposal conforms to all applicable ordinances. The in -home nail salon will be limited to
one chair. Adequate parking is available in the driveway. The applicant will comply with all
applicable state regulations. The hours of operations are suggested to be 8:00 am to 9:00 pm,
seven days a week. The applicant has indicated that only one client will be present at a time and
that appointments would typically not be back to back. The property is serviced by municipal
utilities.
Attachments
Resolution
Location Map
Nail Salon Layout
ACTION REQUIRED
Recommend approval or denial of this special use permit request.
Respectfully submitted,
Jon Sevald
Cc: Tracey Edwards, 14824 Eagle Street NW
2
• CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
A RESOLUTION APPROVING THE SPECIAL USE PERMIT REQUEST OF TRACEY
EDWARDS FOR A HOME OCCUPATION NAIL SALON FOR PROPERTY LOCATED AT
14824 Eagle Street NW (PIN 26- 32- 24 -22- 0018).
WHEREAS, Tracey Edwards has requested a Special Use Permit for a home occupation nail
salon for property located at 14824 Eagle Street NW, and;
WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined
that said request meets the criteria of Ordinance No. 8, Section 4.30, and;
WHEREAS, the Planning and Zoning Commission finds the request would not have a
detrimental effect upon the health, safety, and general welfare of the City of Andover, and;
WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of
the Special Use Permit request;
• NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby
agrees with the recommendation of the Planning and Zoning Commission and approves the
Special Use Permit for a Home Occupation Beauty Salon on said property with the following
conditions:
1. One (1) chair salon/barber only.
2. The hours of operation shall be approved by the City Council.
3. Parking requirements shall be as set out in Ordinance No. 8, Section 8.08.
4. The salon/shop must comply with the State Cosmetology Board and the State Barbers Board
requirements.
5. The beauty shop/barber shop shall be owner occupied.
6. Upon sale of the premises for which the Special Use Permit is granted, such Permit shall
terminate.
7. This Special Use Permit shall be subject to review at anytime the City Council determines
this use of the property becomes detrimental to the health, safety or general welfare of the
• community.
3
• Adopted by the City Council of the City of Andover on this of , 2002.
CITY OF ANDOVER
ATTEST:
Victoria Volk, City Clerk
•
•
Michael R. Gamache, Mayor
Li
Special Use Permit
Beauty Salon
Tracey Edwards
• 14824 Eagle Street NW
2
1853 1831 1813 1785 1685 1515 15150 15144
51 15140 1s13x
� 1358
ROSST 15,29
+stn 15130 15119 1510
151
15 6 15111
151 51 150
15101
10 15107
1508 151`0 15oao 150
1606f 15,6, 1508 15
15084 1so7 lame 150
n 1585 � 15m 1505] i`'�` 15,84 16089 i5mx
A� e 1 2 m
nn� 15038 160:9 15031 150:+5 150% 150.47 15032 16091 15030
!`V 15024 15,19 1S= 16021 16022 U) 150x3 1 `0/8 LU t5,17 1 `018 15015
1 14`05 1---- 15W7 15008 ism 15W4 15„2 14997
14950 14996 14885 149`0 -
14981 14982 14893 14984 14981
14952 G 14979 14980 14961 149]6 �
14978
$OO 14985 14966 967 14M 14965
N \ m m 14WB -
v 1524 \7 14944 14939\ 14934 $ 5
< n n m
1 -
-'�48 1487 1455 1423 14853 ' 1371
148`0 14844
1347
R e m
14611
14624 6 8.. m ^oti m 8 19633 ,516 1484 1452 /
�\ \\ 1481x = = - m m 14 14934 14631 1420 1386 \
I m 1q � 14821 50 8 g g S B :140 1360
m N m 10 < N O 14797 -
14789 1479D� D ' �� ' 76 14914 2 51 1369
/
147`0 14786 m 14804 (n N N 30 1334
1d73 14790 ry p1 b ' = ' m
4764 w]ea - - - - 14761 O m' d' ,R v $ 1394 \
68 47TH D 14]48 lone 14]76 1471 1310
+47 j
14769 14'749 14n1 n a 14737 1054 14762 14784 /
]8 11753 D� 14743 14x5
147 + < i
(n 1716 gg 1475 ]34 1292
724 +4741 3 187 ffi 14]13 14114
1 j', 14712
14719 147 14666 14]36
Z 14700 14 14696 11893 1488, 91 N P 8 8 n 4$ m $ 14
J 14688 1 1 14865 + 14681 14708
14676 14581 4 1467 1467, 14671 11
I s 4649 -
14664 11 0 14681 1�e5 D� 4 4 1
14669 14652 &861 14850 14651 pp 11�� pp 11�� {
t�D Q l N 14640 14 — 1531 h N m V O Q N O 954
14640 ' ' ' r 4653 14832 1 3 •- 14631 - 1334 /
530
14828 14 i tdm7 4 14639
n s i� m m m t4ez, .1
. 4621 i m m m m rn N 146+6
14619 14ete r_! r_ r_ m 1p ' %`�. $ m N 146za to
167 3 _d4611 9 c a7
4913 m
9809 2
11592 t4s9114see' 14599 H 1347 - 299
° 4601 145`0 14586 14663 1459, 14569 1340 1341
14569 14660 1437914876 1457 m 111
14589 11567 1 11550 .14572 14369 +400 146]7 14599
14595
165° 14566 145 +454, 14531 ° I 14564 11585 11572 N
14553 14544 14MI
W 14544 _ 14530 14525 14530 14553 11519 �p
!7 O - O yNj /4520 ,7 N 11541 14634
pi J 4O °m°
14520
m 1425
p 145x9
Y 1451, 1 R
1517 1342
• Project Location Map
,
W�E
8
Andover Planning
•
CIZRENT RESIDENT
9 GROUSE ST
ANDOVER, MN 55304
273224110068
CURRENT RESIDENT
14773 GROUSE ST
ANDOVER, MN 55304
273224110066
CURRENT RESIDENT
14794 EAGLE ST
ANDOVER, MN 55304
263224220021
CURRENT RESIDENT
14809 GROUSE ST
ANDOVER, MN 55304
273224110063
CURRENT RESIDENT
14821 GROUSE ST
OVER, MN 55304
2 24110062
CURRENT RESIDENT
14833 GROUSE ST
ANDOVER, MN 55304
273224110061
CURRENT RESIDENT
14844 EAGLE ST
ANDOVER, MN 55304
263224220016
CURRENT RESIDENT
1519 148TH AVE
ANDOVER, MN 55304
263224220031
CURRENT RESIDENT
1537 148TH AVE
ANDOVER, MN 55304
2 24220030
CURRENT RESIDENT
1552 148TH AVE
ANDOVER, MN 55304
263224220044
CURRENT RESIDENT CURRENT RESIDENT
14754 EAGLE ST 14761 GROUSE ST
ANDOVER, MN 55304 ANDOVER, MN 55304
263224220023 273224110067
CURRENT RESIDENT CURRENT RESIDENT
14774 EAGLE ST 14785 GROUSE ST
ANDOVER, MN 55304 ANDOVER, MN 55304
263224220022 273224110065
CURRENT RESIDENT CURRENT RESIDENT
14797 GROUSE ST 14804 EAGLE ST
ANDOVER, MN 55304 ANDOVER, MN 55304
273224110064 263224220020
CURRENT RESIDENT CURRENT RESIDENT
14814 EAGLE ST 14821 EAGLE ST
ANDOVER, MN 55304 ANDOVER, MN 55304
263224220019 263224220028
CURRENT RESIDENT CURRENT RESIDENT
14824 EAGLE ST 14831 EAGLE ST
ANDOVER, MN 55304 ANDOVER, MN 55304
263224220018 263224220027
CURRENT RESIDENT CURRENT RESIDENT
14834 EAGLE ST 14841 EAGLE ST
ANDOVER, MN 55304 ANDOVER, MN 55304
263224220017 263224220026
CURRENT RESIDENT CURRENT RESIDENT
1507 148TH AVE 1516 148TH LN
ANDOVER, MN 55304 ANDOVER, MN 55304
263224220032 263224220006
CURRENT RESIDENT CURRENT RESIDENT
1526 148TH AVE 1529 148TH LN
ANDOVER, MN 55304 ANDOVER, MN 55304
263224220046 263224220082
CURRENT RESIDENT CURRENT RESIDENT
1538 148TH AVE 1539 148TH LN
ANDOVER, MN 55304 ANDOVER, MN 55304
263224220045 263224220015
CURRENT RESIDENT CURRENT RESIDENT
1553 148TH AVE 1555 148TH LN
ANDOVER, MN 55304 ANDOVER, MN 55304
263224220029 263224220014
C NT RESIDENT CURRENT RESIDENT CURRENT RESIDENT
1 148TH LN 1587 148TH LN 1629 148TH LN
A OVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304
263224220013 263224220012 273224110019
•
•
es CITY OF ANDOVER
1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100
FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US
TO: Planning and Zoning Commission Members
FROM: Will Neumeister, Community Development Director
SUBJECT: Regulation of Compost Facilities
DATE: July 23, 2002
INTRODUCTION
To tighten the City's regulatory controls to prevent a composting facility (whether it be a commercial,
industrial or institutional) from starting business in the City of Andover, the words "Composting
Facility" should be added to the "Uses Excluded" section of the Zoning Ordinance. Also, a definition
of "Composting Facility" (specifically indicating this includes commercial, industrial or institutional
facilities of this type) should be added to the definitions section.
DISCUSSION
City of Andover Ordinance #102, regulates the storage, collection and transportation of garbage,
recyclables and refuse Within the City of Andover. Attached is a copy of that Ordinance. It is
suggested that one sentence be added to the section pertaining to composting:
"Composting shall be allowed only on properties where there is a single family detached
dwelling or property operated by the City as an essential service. "
The amendments that are recommended to the Zoning Ordinance include adding a definition of what
a composting facility (commercial, industrial, institutional) is. It is suggested that the following
definition be added:
Composting Facility A commercial, industrial or institutional facility that is primarily engaged
in the disposal of yard waste not typically collected by commercial and residential waste
haulers. Yard waste includes compostable items such as leaves, lawn clippings and shrub
prunings, but for the purposes of this definition also includes tree branches, tree trunks, and
stumps from removed trees.
•
1
The City Zoning Ordinance, Section 7.03 should be amended to add to the list composting facilities
(commercial, industrial, institutional). That section of code should read as follows (underlining is new
* language to be added, strikeouts indicate deletion):
7.04 Uses Excluded.
In All Districts:
Auto reduction yards
Automotive Recycling Yards (8PPP, 11- 06 -90)
Composting Facilities (commercial, industrial, institutional)
Exterior storage of waste. tires (8III, 5- 16 -89)
Junk Yards
Landfills
Toxic waste storage
Transportation terminals or motor freight terminals (8VVV, 12- 17 -91)
Uses which may be detrimental to the health, safety and welfare of persons residing or
• working in the vicinity. (8WW, 10- 06 -87)
In Business & Industrial Districts: (8PPP, 11- 06 -90)
Interior storage of more than two hundred fifty (250) waste tires. (8III, 5- 16 -89)
In Residential Districts:
Interior storage of more than eight (8) waste tires (8III, 5- 16 -89)
ACTION REQUESTED
Staff requests the Planning Commission discuss and approve the suggested changes to the Zoning
Ordinance and the Ordinance #102 prohibiting a composting facility (including commercial, industrial, or
institutional facilities) from locating in the City of Andover, unless it is owned and operated by the City.
Respectfully submitted,
flim -IM
Will Neumeister
Attachments
Ordinance #102 (regulating composting on residential property)
Ordinance 8 (Proposed Amendment to Section 7.04)
FA
• CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO. 8
THE ZONING ORDINANCE OF THE CITY OF ANDOVER, MINNESOTA, RELATING TO
AND REGULATING THE LOCATION, SIZE, USE AND HEIGHTS OF BUILDINGS, THE
ARRANGEMENT OF BUILDINGS ON LOTS, AND THE DENSITY OF POPULATION IN
THE CITY OF ANDOVER AND FOR THE PURPOSE OF PROMOTING THE PUBLIC
HEALTH, SAFETY, ORDER, CONVENIENCE, PROSPERITY AND GENERAL WELFARE
IN SAID CITY, AND FOR SAID PURPOSE, TO DIVIDE THE CITY INTO DISTRICTS AND
MAKE DIFFERENT REGULATIONS FOR DIFFERENT DISTRICTS.
The City of Andover does ordain that section 7.04 of the Zoning Ordinance (Ordinance 8) shall
be amended as follows (underlined words are added):
7.04 Uses Excluded.
In All Districts:
Auto reduction yards
• Automotive Recycling Yards (8PPP, 11- 06 -90)
Composting Facilities (including commercial, industrial or institutional)
Exterior storage of waste tires (8III, 5- 16 -89)
Junk Yards
Landfills
Toxic waste storage
Transportation terminals or motor freight terminals (8VVV, 12- 17 -91)
Uses which may be detrimental to the health, safety and welfare of persons
residing or working in the vicinity. (8WW, 10- 06 -87)
In Business & Industrial Districts: (8PPP, 11- 06 -90)
Interior storage of more than two hundred fifty (250) waste tires. (8III, 5- 16 -89)
. In Residential Districts:
Interior storage of more than eight (8) waste tires (8III, 5- 16 -89)
-3-
Adopted by the City Council of the City of Andover this day of 1 2002.
• CITY OF ANDOVER
Attest:
Michael R. Gamache - Mayor
Victoria Volk - City Clerk
•
•
—41-
CITY OF ANDOVER
• COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO. 102
AN ORDINANCE REGULATING THE STORAGE, COLLECTION AND
TRANSPORTATION OF GARBAGE, RECYCLABLES AND REFUSE WITHIN THE
CITY OF ANDOVER.
Section 1. Purpose. It is the purpose of this Ordinance to protect the public
health, safety and general welfare of the citizens of the City by requiring each residential,
commercial or industrial property to properly store and dispose of garbage, recyclables
and refuse as defined in this Ordinance. The Ordinance will also require that all garbage,
recycling and refuse collectors operating within the City be licensed.
Section 2. Definitions.
Subd. 1. For the purpose of Section 1 et seq., the terms defined in this
section shall have the meanings given them in the subdivisions which follow:
Subd. 2. "Compost" means yard waste and other biodegradable matter
which under proper conditions will be converted to a soil -like substance used as a
• soil.
Subd. 3. "Garbage" shall mean animal and vegetable wastes resulting from
the handling, preparation, cooking, and consumption of food.
Subd. 4. "Recyclables" includes newsprint, corrugated cardboard and office
paper, plastics, tin cans, aluminum, used motor oil, glass and other metal goods
and other items identified as reusable or reprocessable materials.
Subd. 5. "Rubbish" means all inorganic solid wastes such as ashes and
other non - reusable waste.
Subd. 6. "Refuse" includes garbage and rubbish.
Subd. 7. "Yard Waste" means the garden wastes, leaves, lawn cuttings,
weeds, and prunings generated at residential, commercial and industrial
properties.
Section 3. General Regulations
Subd. 1. Refuse in Streets, etc. No person shall place any refuse, recycables
and yard wastes in any street or public place upon any private property except in
•
5-'
proper containers for collection. No person shall throw or deposit refuse,
• recycables and yard waste in any body of water or in such manner as to cause
litter or contamination of the environment.
Subd. 2. Scattering of Refuse; Composting. No person shall bury any
refuse in the City except in an approved sanitary landfill.
a. Compost upon private property. Yard waste and easily
biodegradable, non poisonous garbage may be composted on the premises,
where such yard waste /refuse has been accumulated or on private property
with the owner's consent.
a. Composting.
Compostine shall be allowed only on properties where there is
a sinele family detached dwelling or property operated by the
City as an essential service. Composting is permitted on private
property if all of the following conditions are met:
1. Only organic materials, yard wastes and easily
biodegradable,non poisonous garbage may be composted.
2. Composting shall be placed in a container or pile not to
• exceed fifty (50) square feet in are and shall not exceed three (3)
feet in height.
3. The compost piles or container(s) shall be located in the
rear yard at least five (5) feet from any property line or twenty (20)
feet to a side lot line if adjacent to any public street right- of -way.
If a rear yard location is unavailable or impractical, the compost
materials may be placed in another location approved by the City
Administrator or authorized designee.
lee.
4. All compost piles and containers shall be fully screened so
as not to be visible from adjacent properties and public right-of-
ways.
5. Compost containers and compost materials shall be
maintained so as not to create odors, rodent harborage, fire hazard
and other nuisances.
Subd. 3. Disposal Required. Every household or occupant or owner of any
residence, commercial or industrial establishment shall, in a sanitary manner,
dispose of refuse and recycables that may accumulate upon the owner or
-6-
i
occupant's property through a collection service licensed by the City on a weekly
. basis or by other methods approved by the City. Recycables shall be collected at
a minimum on a biweekly basis.
Section 4. Refuse Collection
Subd. 1. License Required. It is unlawful to collect, haul or convey refuse
from any premises in the City, other than from one's own residence, without a
valid license thereof Each such vehicle so used, except for personal disposal,
must be licensed for such activity.
Subd. 2. Application for license. The applicant for a collector's license or
renewal of such license shall provide the following:
a. The name and address of the owner of the collection service who is
to be the licensee;
b. A description of each piece of equipment proposed to be used in
the collection operation;
C. A schedule of services to be made to the customer including, but
not limited to, proposed days of collection in different areas of the City;
• d. A schedule of varying rates based on the volume or weight of the
refuse collected shall be kept on file in the office of the City Clerk
indicating the charge for each size container or other schedule of charges
to be applied by the licensee (the City may designate the number of
categories in regard to the size of the containers);
e. The frequency of service to be rendered;
f The place to which the refuse is to be hauled;
g. The manner in which the refuse is to be disposed;
h. Proof of insurance as required in Subd. 4; and
i. any other information the City deems necessary.
Subd. 3. Processing of Application. Applications for a license hereunder
shall be submitted to the City for review and recommendation. If the Council is
satisfied that the public need, convenience and good order will be served thereby,
it may grant a license to such applicant.
•
—7—
Subd. 4. Insurance. No license shall be issued until the applicant files with
• the City a current copy of the policy of public liability insurance. The public
liability insurance shall be in the amount of at least $100,000 for injuries,
including accidental death, to any one person and in an amount not less than
$300,000 for each accident; and for loss or damage to property in the amount of
$50,000. Every such policy shall provide that it shall not be canceled, terminated
or amended for any reason without at least ten (10) days written notice given to
the City.
Subd. 5. License Fee. Licenses shall be issued for a period of one year,
expiring on March 31 st of each year. The license fee shall be established by
Council resolution and may be adjusted.
Subd. 6. Collection Requirements.
a. Each licensee shall provide weekly collection and removal of
refuse from residences within the City and complete collection of all
refuse which normally results from day to day use of the type of property,
except furnishings, appliances, construction waste and similar bulky waste
for which individuals shall make special arrangements.
b. Each license shall provide curbside recycling to each residential
property within the City on at least a biweekly basis. The licensee shall
• provided monthly pick -ups of at least four broad types (plastics, glass
bottles, metal cans and newspaper) of recyclable materials. The licensee
shall also provide to the city by July 10th and January 10th of each year a
report on the tonnage of recyclable materials collected.
C. The licensee shall transfer the contents of the containers to their
vehicle without spilling them. If any spilling occurs, he /she shall clean it
immediately and completely. Vehicles shall be equipped with brooms and
shovels for cleaning and spills associated with collecting or hauling
garbage, recycables or refuse.
d. Collection shall be conducted in such a manner as to not create a
nuisance.
e. Collection in residential zones shall be between the hours of 7:00
A.M. and 6:00 P.M. No collection whatsoever shall be permitted in
residential districts on Sundays. Violation of these collection conditions
shall constitute a misdemeanor.
f. Upon each collection the containers shall be completely empty and
replaced with lids in place.
•
WA
g. Whenever a container is in poor repair, or otherwise defective so as
. to permit insects, vermin or rodents to enter, it shall be replaced. Notice
shall be given to the owner of the defective container which shall state the
deficiency is not corrected a tag shall be affixed stating such
condemnation. It is unlawful for any person to place or deposit refuse in a
condemned container.
h. Vehicles used by the licensee to collect or transport garbage over
any City street shall have a fully enclosed metal body which is rightly
sealed and properly maintained, and operated to prevent offensive odors
escaping therefrom, and solids or liquids from leaking, spilling, dropping,
or blowing from the vehicle.
Vehicles used to transport recycables or refuse over City streets shall
completely contain said recyclables or refuse in a tightly sealed unit, to
prevent the recycables or refuse from leaking, spilling, dropping, or
blowing from the vehicle.
Subd. 5. Revocation of License. Any license issued hereunder may be
revoked or suspended by the City Council if false statements have been made in
the application therefor and may be revoked upon failure of a licensee to comply
with the requirements of the ordinances of the City of Andover.
• Section 5. Enforcement.
The City Administrator or his authorized representatives shall have the primary
responsibility for the enforcement of the provisions of this Ordinance. The City Health
Inspector shall assist in the enforcement of the provisions of this Ordinance and when
requested by the City Administrator shall make inspections or investigations as is
necessary to determine whether an immediate health hazard exists as a result of a
violation of this Ordinance.
The findings of the City Health Inspector shall be reported to the City Administrator. The
City Health Inspector may enter upon any land without consent of the owner and without
being subject to any action of trespass, provided, however, that should entry into an
enclosed building be necessary to perform his/her duty, the Health Inspector, prior to
entry, shall obtain the consent of the owner, occupant, or person in control of such
premises to enter the building. If permission cannot be obtained, the Inspector shall
obtain a warrant to enter the building. The City Administrator, City Health Inspector and
their representatives shall carry and produce at the request of any owner, occupant, or
person in control of the premises upon which such officials request access in the
performance of their duties under this Ordinance, identification in a form approved by the
City Council.
_I
Section 6. Immediate Health Hazards - Abatement By City.
• Should the City Administrator or his authorized representatives determine that a violation
of the provisions of Section 3 of this Ordinance exists on any premises, the City Health
Inspector upon receiving a report describing such violation shall make an immediate
inspection or investigation of the premises to determine whether the violation presents an
immediate hazard to the health or safety of any person. If a violation is determined to
exist by the City Health Inspector he /she shall prepare a written notice of the violation.
The notice shall contain the following information:
a. The street address of the premises where the violation exists.
b. The name of the owner (s) of the premises as shown on the records
of the Anoka County Auditor or Treasurer.
C. An itemized list of the conditions which constitute the violation.
d. A statement of the actions necessary to remedy the violation.
e. The date and time by which such violation must be corrected.
Such period for correcting the violation shall be not less than two hours
not more than two days from the time such notice is posted as provided in
this Section.
• The notice shall also state that if the violation is not remedied within the
period stated, the City will take actions necessary to remedy the violation
as set forth in the notice. The owner, occupant, or person in control of the
premises, or any and all of them, will be billed for the actual cost incurred
by the City, including the costs of inspection.
The notice of violation shall be immediately posted on the premises where
the violation is located. A copy of the notice shall be mailed certified with
return receipt requested to the owner and the occupant or person in control
of the premises. If the return receipt is not returned the posting of the
notice on the premises is sufficient grounds for the City to remedy the
violation and charge the costs thereof to the owner, occupant, or person in
control of the premises.
If the violation has not been remedied within the period specified on the
notice, the City Health Inspector or his authorized representative shall
arrange for immediate disposal of the condition creating the hazard. An
itemized statement of the disposal costs shall be prepared by the Health
Inspector and forwarded to the City Clerk. The City Clerk shall bill the
owner, occupant and or person in control of such premises or nay of them
for such costs. If such costs are not paid within thirty (30) days the City
•
-ro-
• Section 7. Misdemeanor
Any person, firm, or corporation who violates any of the provisions of this Ordinance is
guilty of a misdemeanor, and each day in which such person continues to violate the
provisions of this shall constitute a separate offense.
Section 8. Validity and Effective Date.
This Ordinance shall be effective from and after its passage and publication according to
law.
Adopted this 15th day of December, 1992, by the City Council of the City of Andover
CITY OF ANDOVER
Kenneth D. Orttel, Mayor
ATTEST:
C�
Victoria Volk, City Clerk
CJ
5
'09) CITY OF ANDOVER
1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100
FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US
TO: Planning and Zoning Commissioners
FROM: Courtney Bednarz, City Planne�
SUBJECT: PUBLIC HEARING: Consider amendment to Ordinance 8, Section 4.21
Fences and Walls and Ordinance 8, Section 3.02 Definitions to allow decorative
fences taller than four feet in height within the front yard setback of rural
residential properties.
DATE: July 23, 2002
INTRODUCTION
The City Council has asked the Planning and Zoning Commission to review the maximum fence
height in the front yard setback area of rural residential properties. This item was discussed at
our last meeting and a recommendation was made to develop a definition for ornamental fences
• and to provide information on communities that require permits for fences.
DISCUSSION
Applicable Ordinances
Ordinance No. 8, Section 4.21 Fences and Walls restricts the height of fences located within the
front yard setback to a maximum height of four feet.
Background
The intent of this ordinance is to prevent fences from adversely affecting traffic visibility from
streets or driveways on the same block. This ordinance provision is also intended to protect the
aesthetics of the front yard and front elevations of homes from being screened behind a taller,
opaque fence and to prevent a gated community look.
Proposed Definition for Ornamental Fence
Ornamental Fence. A fence not greater than six feet in height that is constructed from aluminum,
wrought iron or steel with pickets no greater than two inches in width and no less than four
inches apart. Vertical support posts shall not exceed six inches in width and shall be spaced a
minimum of four feet apart. Horizontal framing crosspieces shall not exceed three inches in
width. No other material shall obstruct visibility through the fence. Chain link fences are
specifically excluded from this definition.
Staff Recommendation
• Staff does not have an issue with increasing the front yard fence height to six feet for residential
properties in the R -1 and R -2 zoning districts provided that the fence meets the following
criteria:
• 1. The fence meets the definition of ornamental fence
2. The fence conforms with traffic visibility requirements
Fence Permits
Staff discussed fence permitting processes with the cities of Blaine, Plymouth and Chanhassan.
Materials from these cities are attached for your review.
Plymouth
• Completion of a simple form (no fee)
• Using available information (survey, aerial photograph, half section map) to site the fence
• A final inspection once the fence has been completed
The planning department commented that a disclaimer will be added to their form indicating that
it is the property owners responsibility to take sufficient measures to ensure the fence is properly
located. They also commented that fence permits do prevent some mistakes in where they are
placed, but not all of them.
Blaine
• Completion of application form ($25 fee)
• Property owner required to locate or establish property irons
. • A final inspection once the fence has been completed.
The building department indicated that approximately six fences per year are still found to be
located incorrectly.
Chanhassan
• Completion of application form ($24 fee)
• Plans circulated to Planning, Engineering and Building Departments
• Property survey or sketch indicating distances from property line required
• A final inspection once the fence has been completed.
ACTION REQUESTED
The Planning Commission is asked to discuss the potential for amending the ordinance affecting
front yard fence height.
Attachments
Potential Ordinance Amendment
Information from Other Cities
Cc: John Dalos, 15672 Kiowa Street NW
2
• CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO. 8
THE ZONING ORDINANCE OF THE CITY OF ANDOVER, MINNESOTA, RELATING TO
AND REGULATING THE LOCATION, SIZE, USE AND HEIGHTS OF BUILDINGS, THE
ARRANGEMENT OF BUILDINGS ON LOTS, AND THE DENSITY OF POPULATION IN
THE CITY OF ANDOVER AND FOR THE PURPOSE OF PROMOTING THE PUBLIC
HEALTH, SAFETY, ORDER, CONVENIENCE, PROSPERITY AND GENERAL WELFARE
IN SAID CITY, AND FOR SAID PURPOSE, TO DIVIDE THE CITY INTO DISTRICTS AND
MAKE DIFFERENT REGULATIONS FOR DIFFERENT DISTRICTS.
THE CITY COUNCIL OF THE CITY OF ANDOVER DOES HEREBY ORDAIN AS
FOLLOWS:
3.2 Definitions.
Ornamental Fence: A fence not greater than six feet in height that is constructed from aluminum,
wrought iron or steel with pickets no greater than two inches in width and no less than four
• inches apart. Vertical support posts shall not exceed six inches in width and shall be spaced a
minimum of four feet apart. Horizontal framing crosspieces shall not exceed three inches in
width. No other material shall obstruct visibility through the fence. Chain link fences are
specifically excluded from this definition.
4.21 Fences and Walls. Fences, walls and similar barriers shall be permitted in all yards
subject to the following:
(A) Any fences, hedges and walls, following the adoption of this Ordinance
amendment, may be located in any private yard or along a side or rear property line,
unless the City deems it necessary to access the area for drainage and utility purposes.
(8BBBB, 8- 17 -93)
(B) Any fence, hedge, or wall in excess of six (6') feet in height shall meet the
minimum required building setback for the Zoning district in which it is located and
does not create a traffic hazard.
(8PPP, 11- 06 -90; 8BBBB, 8- 17 -93)
(C) Any fence, hedge, wall or similar barrier located in the minimum required front
yard setback shall not be over four (4') feet in height or obstruct vision and thereby
create a traffic hazard except for the followinin
• 1. Ornamental Fences as defined in Section 3.02 of their ordinance in the
R -1 Single Family Rural Residential and R -2 Single Family- Estate
• zoning districts provided the fence, conforms with traffic visibility
requirements and is not greater than six feet in height
(D) Any sueh- fence, hedge, wall or similar barrier not in conformance with
subsection (C) shall be removed by the owner upon action of the Andover City
Council. (8PPP, 11- 06 -90)
(E) Any fence, hedge, wall or similar barrier which is not properly maintained so as
to create an eyesore or nuisance shall be removed or repaired to an original condition
by the owner upon action of the Andover City Council. (8PPP, 11- 06 -90; 8ZZZ, 10-
06-92)
(F) A security arm for barbed wire to a maximum height of eight (8') feet may be
permitted by Special Use Permit in any Industrial or Business District. (8PP, 11 -06-
90)
(G) Barbed wire and electric fences shall not be permitted in platted residential lots
of less than 2.5 acres. A sixty (60) day amortization period shall be established for
non - conforming fences. (8ZZZ, 10- 06 -92)
(H) Fences which are for the sole purpose of containing non - domestic animals are
• not subject to the provision of this Ordinance.
Adopted by the City Council of the City of Andover on this day of , 2002.
CITY OF ANDOVER
Michael R. Gamache, Mayor
ATTEST:
Vicki Volk, City Clerk
^07/15/02 09:59 FAX 612 937 5739
. 1 t
1 .h Y 4.
CITY OF CHANHASSEN
F
7700 MARKET BLVD,* P.0 BOX 147 * CHANHASSIIV, MN 55317
952- 227 -1180 FAX 952- 227 -1190
FENCE REOUiREMENTS
C�
•
If you have questions, please call 952- 227 -1932.
(over)
—S'—
1. Complete a building permit application form.
2. Enclose 2 copies of a site plan showing the location of the fence in relation to the lot lines.
3. The maximum fence height for residential fences is six (6) feet, (6) inches..
4. Opaque fences within the required front yard setback shall not exceed three (3) feet in
height and chain fink fences within the required front yard setback shall not exceed (4)
feet in height.
5. Fences must be set back from the property line a minimum of one (1) inch. Property
comer irons must be located, exposed and verified at the final inspection.
NOTE: The curb is not the property line. Property lines are typically located
9 -24 feet in from the curb line.
6. 'Fences must be built so that the side containing the framing supports and cross pieces
face the interior of the fence owner's lot.. "Good side" must face adjoining properties.
7. Portions of fences within the corner site triangle on comer lots shall not exceed three (3)
feet in height if opaque construction, or four (4) feet in height if open constriction. The
two sides of the comer site triangle commence at the comer of the lot located at the
intersection of the two streets and run a distance of thirty (30) feet along the lot lines
abutting the streets. The third side of the triangle (the hypotenuse) is a straight line
joining the end points of the adjacent lines. (See attached diagram.)
S. Call for a final inspection upon completion of the fence. Property lines must be located.
and the approved survey must be on site.
9. State law requires that utilities be located prior to any construction. Call Gopher State at
651 -454 -0002.
Q002
•07/15/02 10:00 FAX 612 937 5739 CITY OF CHANHASSEN
191003
"T
dva - 4
r
db
Ingroundswhinmi f, �
swimmin pools shall be �rot66te by ' ence
I Minimum Mot for fence shall be five S5) feet.
3. Fence shall be non-climbable and shall have intermediate . rails orbrnamental pattern
such that a four (4) inch sphere cannot piss through.'
4. Gates shall be self-closing and self-latching. Latch shall be installed on the pool side
of the -fence.
5. The pool shall not be filled until the permanent fence is installed or a temporary one
constructed in accordance with the above requirements.
ILLUSTRATIOR
•
FRONT YARD
MR!,
3' apaq
4' open
,P---
's
COMER LOTS
-lsafetY insp\handwtkfenct
T1 11 1 r ^ M ,
XTno I"
E AND REM
Rev. 11101:
Ail"
01/15/02 10:01 FAX 612 937 5739
0
CITY OF CHANHASSEN 0 004
ZONING § 20 -1020
Sec. 20 -1017. Permit.
A building permit shall be obtained for any fence installed for any purpose other than an
agricultural purpose prior to installation of same_ A site plan showing location of the fence
shall be submitted with the permit application. The building official may require a fence
permit application to provide a registered land survey establishing property lines.
(Ord. No. 80, Art. V1, § 12(6 -12 -2, 6 -12 -4, 6- 12 -5), 12- 15 -86)
Sec. 20.1018. Commercial and industrial fences.
(a) Fences for screening or storage purposes installed on property used for commercial or
industrial uses may have a maximum height of eight (8) feet. When commercial or industrial
uses abut property used or zoned for residential uses, a fence at least six (6) feet in height may
be placed between the residential and the commercial and industrial property if the city
determines that there is a need for a fence. The city may elect to use landscaping consisting of
berms and vegetation to provide screening. If a fence is used, such fence must be one hundred
(100) percent opaque. Commercial or industrial fences over eight (8) feet shall require a
conditional use permit.
• (b) Fences utilizing barbed wire in all commercial and industrial districts shall require a
conditional use permit.
(Ord. No. 80, Art. V1, § 12(6- 12 -10), 12- 15 -86; Ord. No. 90, § 3, 3- 14 -88; Ord. No. 255, § 2,
7- 22 -96)
Sec. 20.1019. Location.
(a) Generally. All fences shall be located entirely upon the property of the fence owner
unless the owner of the adjoining property agrees, in writing, that said fence may be erected
on the property line of the respective properties. Such an agreement shall be submitted at the
time of building permit application.
(b) Wetlands. No fences shall be permitted below the ordinary high water mark of a
wetland.
(c) [Buffers.] No fences will be permitted between a required landscape buffer and a
collector or arterial street.
(Ord. No. 80, Art. VI, §.12(6- 12 -3), 12- 15 -86; Ord. No. 181, § 1, 3 -8 -93; Ord. No. 255, § 3,
7- 22 -96)
Sec. 20 -1020. Construction and maintenance.
Every fence shall be constructed in a substantial, workmanlike manner and of material
reasonably suited for the purpose for which the fence is proposed to be used, Every fence shall
be maintained in such condition as to not become a hazard, eyesore, or public or private
nuisance. All fences shall be constructed so that the side containing the framing supports and
cross pieces face the interior of the fence owner's lot. Any fence which does not comply with the
provisions of this chapter or which endangers the public safety, health or welfare shall be
Supp. No. 9 1241 —7—
JUL 1S ?GIM II:_OR _ c10 (31717 =17070 On= nw
07/ 15/02 10: 01 F 612 937 5739 CITY OF CHANHASSEN 10005
0
§ 20-1020 CHANHASSEN CITY CODE
considered a public nuisance. Abatement proceedings may be instituted by the proper city
official after fifteen days' notification, if the owner of such fence has not undertaken the
necessary repairs to abate the nuisance. Link fences shall be constructed in such a manner
that no barbed ends shall be exposed.
(Ord. No. 80, Art. VI, § 12(6- 12 -6), 12- 15 -86)
Sec. 20.1021. Swimming pool fences.
All in- ground swimming pools shall be protected by a fence not less than five (5) feet in
height. All gates shall have a self - closing and self - latching latch installed on the pool side of the
fence. All fences shall be nonclimable and shall have intermediate rails or ornamental pattern
such that a sphere four (4) inches in diameter cannot pass through. Subsection (a) does not
apply to pools which are located on property which are completely enclosed by perimeter fence
five (5) feet in height.
(Ord. No. 80, Art. VI, § 12(6.12 -7), 12- 15 -86; Ord. No. 110, § 2, 8- 28-89)
Sec. 20 -1022. Shoreline fences.
• Fences to be installed on riparian lots shall have a maximum height of three and one -half
(3V2) feet in the rear yard (lake side).
(Ord. No. 80, Art. VI, § 12(6- 12 -8), 12- 15 -86)
Sec. 20 -1023. Height.
Any fence over six and one -half (6'12) feet must receive a conditional use permit. The fence
height is measured from grade to the highest point on the fence. All other residential fences
shall meet the following standards:
(1) Side yards and rear yards. In any side or rear yard on lots, the height of fences shall
not exceed six and one -half (M) feet.
(2) Front yards. Fences in the required front yard setback area that are opaque shall not
exceed three (3) feet in height. Chain link fences in this area shall not exceed four (4)
feet in height. All other open fences in this area shall not exceed six and one -half (6Y2)
feet in height.
(3) Corner or double fronted lots. In addition to the other provisions contained in this
section, fences located on corner or double fronted lots shall be subject to the following
provisions:
a. Any fence within the required front yard setback area shall not exceed three (3)
feet in height if opaque construction, or four (4) feet in height if open construction.
b. The maximum height of a fence shall conform to the requirements of fences in
front yards within the corner site triangle. Two (2) sides of comer site triangle
commence at the corner of the lot located at the intersection of the two (2) streets
Supp. No. 9
1242 _g,
JUL 15 2002 11:09 612 937 5739 PAGE.05
, .07/15/02 10:02 FAX 612 937 5739
•
CITY OF CHANHASSEN 11006
ZONING § 20 -1043
and run a distance of thirty (30) feet back along the Iot lines abutting the streets.
The third side of the triangle is a straight line joining the end points of the
adjacent sides.
C. The front shall be determined by the location of the garage.
(Ord. No. 80, Art. VI, § 12(6- 12 -9), 12- 15 -86; Ord. No. 181, § 2, 3 -8 -93; Ord. No. 240, § 25,
7- 24 -95)
Sec. 20 -1024. Barbed wire fences.
Barbed wire fences are prohibited in all
permitted in the agricultural districts.
(Ord. No. 90, § 4, 3- 14 -88)
Secs. 20- 1025 -20 -1040. Reserved.
residential districts. Barbed wire fences are
DIVISION* 6. WIND ENERGY CONVERSION SYSTEMS (WECS)
Sec. 20 -1041. Purpose.
The purpose of this division is to establish standards and procedures by which the
installation and operation of WECS shall be governed.
(Ord, No. 80, Art. VI, § 20(6- 20 -1), 12- 15 -86)
Sec. 20 -1042. Ornamental wind devices.
Ornamental wind devices that are not a WECS shall be exempt from the provisions of this
division and shall conform to other applicable provisions of this chapter.
(Ord. No. 80, Art. VI, § 20(6- 20 -8), 12- 15 -86)
Sec. 20 -1043. When allowed.
Wind conversion systems may be allowed as a conditional use subject to the regulations and
requirements of this division, provided the property upon which the system is to be located is
zoned agricultural, commercial or industrial and is constructed and maintained on any parcel
of at least two and one -half (2 1 /2) acres in size.
(Ord. No. 80, Art. VI, § 20(6-20-2),12-15-86)
•
Supp. No. 9 1242.1 f
JUL -15 -2002 11:31
0
CITY OF BLRINE INSPECTION
FENCES
7637856111
Pog�I
P.01
The purpose of Section 33.09 is to promote a pleasant physical environment and to protect the public
and private property within the City by regulating the location, height, type of construction, and
maintenance of all fences.
YOU MUST HAVE YOUR PROPERTY STAKES LOCATED AND
EXPOSED BEFORE A PERMIT WILL BE ISSUED
The owner /contractor is responsible for locating the property corner markers prior to applying for a
fence permit. If the iron lot corner pins cannot be found, the applicant is to contact a Land Surveyor to
re- establish the lot comers before commencing with the fence building, A metal detector can be useful
to find the iron corner marker pins. Refer to your property survey for lot dimensions. When a building
inspector comes out to inspect your fence, they will need to see your exposed property stakes.
i Definitions
Fence: A fence is defined, for the purpose of this Ordinance, as any partition, structure, wall, or gate
erected as a divider marker, barrier or enclosure and located along the boundary, or within the
required yard. For the purpose of this Section, a fence shall not include naturally growing
shrubs, trees or other foliage.
Boundary Fence: A boundary fence is any fence parallel to the property line.
Privacy Fence: A privacy fence is any fence used for screening of outdoor living areas and for
enclosures where restricted visibility or protection is desired.
Permit Reauired
No fence shall be erected or substantially altered without obtaining a permit from the Building
Inspections Department. The fee for a fence permit is $25.00.
Locations of Fences
Fences, when constructed to enclose any lot or tract of land, shall be located in such a way that the
entire fence shall be on the property of the owner. Posts and framework shall be placed within the'
property lines of the owner and the actual fencing material, such as wire, lumber, pickets, etc., shall be
placed on the side of the fence which faces the street or adjacent property.
— 10—
JUL 15 2002 11:43 7637856111 PAGE.01
JUL -15 -2002 11:31 CITY OF BLRINE INSPECTION 7637856111 P.02
• No fences shall be allowed or constructed on street right -of -ways, Fences may, by permit, be placed
on public utility easements so long as the structures do not interfere in any way with existing
underground or over ground utilities. Further, the City or any utility company having authority to use
such easements, shall not be liable for repair or replacement of such fences in the event they are
moved, damaged or destroyed by virtue of the lawful use of said easement.
Construction and Maintenance
Every fence shall be constructed in a workmanlike manner and of substantial material reasonably
suited to the purpose for which the fence is to be used, Every fence shall be maintained in a condition
of reasonable repair and shall not be allowed to become and remain in a condition which would
constitute a public nuisance or a dangerous condition. If such a fence is allowed to become and remain
in such condition, a Building Inspector is authorized to notify the owner or owners of such fences of
the condition and allow owner or owners ten (10) days in which to repair or demolish the fence.
Link fences, where permitted, shall be constructed in such a manner, that the barbed end is at the
bottom of the fence.
No barbed wire or barbed wire fences shall be allowed on private property in residential zones. No
barbed wire or barbed wire fences shall be allowed on private property in business or industrial zones
where the property lines of such property abut lots or parcels adjacent to residential districts.
• All fences shall be constructed in conformity with the wind, stress, foundation, structural and other
requirements of the Minnesota State Building Code.
Single and Two - Family Residential District Fences
In all single and two - family residential districts, fences shall have the following setbacks and heights
limitations:
Front Yard
• Maximum height of four (4) feet above ground level in front of the front face of the residential
structure.
The required front yard of a corner lot shall not contain any fence that may cause danger to traffic on a
street or public road, by obscuring the view. On corner lots, no fence shall be permitted within the
Intersection sight distance triangle.
Front Corner Side Yard
• Maximum height of four (4) feet above ground level when placed at the property line.
• Maximum height of six (6) feet above ground level when placed with a minimum setback of
one (1) foot.
Side Yard
. • Maximum height of six (6) feet above ground level.
2 - //-
JUL 15 2002 11:44 ?637856111 PRGE.02
JUL - 1J -2002 11:31 1 CITY OF BLAINE INSPECTION 7637856111 P.03
• Rear Yard
• Maximum height of six (6) feet above ground level for fences along rear yards not adjacent or
fronting on public right -of -way.
• Fences adjacent or fronting on public right -of -way shall have a maximum height of four (4)
feet above ground level when placed at the property line.
• Fences adjacent or fronting on public right -of -way that are placed with a minimum setback of
one (1) foot shall have a maximum height of six (6) feet above ground level.
Commercial and Industrial Fences
In business and industrial zones, fences may not exceed seven (7) feet in height above the ground
level, and the use of barbed wire is prohibited, except that the top one (1) foot of any fence along side
or rear lot lines in these zones may be constructed or barbed wire. Barbed wire is also permitted for
the top one (1) foot of fences in industrial zones when fronting a public street and placed no closer than
the parking setback. Barbed wire shall not be permitted adjacent to any residential district.
Special Purpose Fences
Fences for special purpose and fences differing in construction, heights, or location, may be permitted
in any commercial or industrial district in the city, only be issuance of a conditional use permit
approved by the City Council after a recommendation by the Planning Commission, and upon
evidence that such special purpose fence is necessary to protect, buffer, or improve the premises for
• which such fence is intended.
The approval of such buffer fences may include stipulations as to the material, heights, or location of
such special purpose fences.
Non - Conforming Fences
All existing fences, at the time of the adoption of this Section, which are not in violation of this Section
and are not located within a public right -of -way or easement, but which violate other Sections of this
Code, may be continued to be maintained and to exist but may not be replaced, if destroyed or
removed, to the extent that the violations be continued.
Farm Fences
Fences that are constructed for the purpose of containing livestock in any farm residence or
agricultural district may be electrified with no more than 12 Volts AC. Such electrification shall be
installed so as to not have current going through the fence except on an intermittent basis. Current
shall not remain on longer than three (3) seconds.
No fence shall be located closer than three hundred (300) feet from any residentially zoned property
and shall be clearly designated as an electrified fence by the Installation of 1 x 1 foot square sign
• stating "this fence is electrified ".
Barbed wire fences.
3 —'12 --
i
0
•
JUL- 15-2002 11:32 CITY OF BLRiNE INSPECTION
FENCES
7637856111 P.05
I' CORNER
SIDE YARD
SETBACK
' OUSE w Hd�I I
LLJI
' :i' I oel
.... ....... :: �i
:FRONT YARD SETBACK
....
..... .........
J
BOULEVARD
-- CURB LINE ------------ - -- - -- —
CENT ERUN E OF ST REET — — —
NO FENCES, STRUCTURES.
AREA WHERE A 4 FOOT HIGH FENCE IS ALLOWED OBJECTS, PLANTINGS, ETC.
GREATER THAN 30'
AREA WHERE A 6 FOOT HIGH FENCE IS ALLOWED GUTTER LINE
PERMI TTED IN THI AREA
Date: 4/13/2000 FENCE SETBACKS
STANDARD DETAIL PLATE
r;►., ^F RIBinp - r.nmmtinity Develooment - 13-
TOTAL P.05
11 1C:Z '7)10'.7 7 1 t nn rI=Z MWC 4 11 n^r me
HOUSE
:1
. .
' . .
. . . .
.,.
. . . . . . . . . . . . . .
. . .... ....
. . .
.
-- -
. ..
r.
:i
. . . . . . . . . . . . . .
. . . r . . . .
. . . . . . . . . . . •.t
..•.
.. . . . . . . . .. . . .
. . .{.
•
. . .. .
. . .. .
:��
.................
t .. I....
cr
. . . . . ... . . . .•. .•.
.,.�. ... . . .
. . .
'.1
-.
W
..
l...
.. ........
. .
..::
H S E ;
.
a r a�.. — �L!
. • . . . • �. •. . . . . .
L L •
...........,
—.
. . . i — �� L •— -
-' I • • • . •.... • •4
. . • • . • • -
•. •. •.
•''
... •. .. . .•.•.. •.'.
•.'.•.•. •.••,.�;
.�
...•.
-.
,.. •. •. -... •.-
-• -.-
....
REAR YARD •
;..
I' CORNER
SIDE YARD
SETBACK
' OUSE w Hd�I I
LLJI
' :i' I oel
.... ....... :: �i
:FRONT YARD SETBACK
....
..... .........
J
BOULEVARD
-- CURB LINE ------------ - -- - -- —
CENT ERUN E OF ST REET — — —
NO FENCES, STRUCTURES.
AREA WHERE A 4 FOOT HIGH FENCE IS ALLOWED OBJECTS, PLANTINGS, ETC.
GREATER THAN 30'
AREA WHERE A 6 FOOT HIGH FENCE IS ALLOWED GUTTER LINE
PERMI TTED IN THI AREA
Date: 4/13/2000 FENCE SETBACKS
STANDARD DETAIL PLATE
r;►., ^F RIBinp - r.nmmtinity Develooment - 13-
TOTAL P.05
11 1C:Z '7)10'.7 7 1 t nn rI=Z MWC 4 11 n^r me