HomeMy WebLinkAbout11/12/02CITY of ANDOVER
1685 CROSSTOWN BOULEVARD N.W. ANDOVER, MINNESOTA 55304 • (763) 755 -3100 FAX (763) 755 -8923
Andover Planning and Zoning Commission
Meeting Agenda
November 12, 2002
Andover `City, Hall
Council Chambers
7:00 p.m.
L
Call to Order `.
2.
Approval of Minutes — October 8, 2002 '
3.
PUBLIC HEARING: Comprehensive Plan Amendment (02 -04) to change
the land use designation from Urban Residential Low Density (URL) to
Limited Commercial (LC) on property located at 13730 Crosstown Drive NW
for Pinewski Builders.
4.
PUBLIC HEARING: Rezoning (02 -04) to change the zoning designation
from Single Family Urban Residential (R -4) to Limited Business (LB) on
•
property located at 13730 Crosstown Drive NW for Pinewski Builders.
5.
Variance (02 -11) Variance 16 Ordinance -9, Section 6.02 for side setback to
allow addition to existing house far property located at 2860,135 Avenue
NW.
6.
PUBLIC HEARING: Residential "Sketch Plan fora townhouse project for
Creekside Homes on property located at 14220 Crosstown Boulevard NW.,.
7.
PUBLIC HEARING: Residential Sketch Plan fora detached townhouse
project to be known as "City View Farm" located.at 13313'Round Lake
Boulevard NW:
8.
PUBLIC HEARING: Discuss proposed amendments to Ordinances 4109 and
#230 regulating dirt bikes in the City of Andover.
9.
Adjournment
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.1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304.(763) 755-5100 FAX (763) 755-8923
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Mr. Bednarz discussed the survey ofthe proposed 10tsplit,wi'Ui the Cornmissjon;
Regular Andover Planning and Zoning Commission Meeting
Minutes — October 8, 2002
Page 2 .
3. Placement of any new structures, which conform to all City building and
zoning, codes.
4. Locations for two 5,000 square foot (10,000 square foot total) septic areas.
5. Legal descriptions of the new properties.
The Committee has three options:
1. Require the applicant to submit all necessary materials before the
Commission reviews the application.
2. Recommend approval of the lot split, but require the applicant submit all
necessary materials before this proceeds to the City Council.
3. Recommend approval of the lot split, but require the applicant submit all
necessary materials before the lot split is recorded with Anoka County.
Commissioner Greenwald asked what they were approving. Acting Chairperson
Daninger stated they would be making a recommendation of approval or denial of the lot
split based on the survey.
Commissioner Greenwald asked if this would be coming back to them. Mr. Bednarz
stated it depended on the decision made in their recommendation.
Motion by Greenwald, seconded by Falk, to open the public hearing at 7:05 p.m. Motion
carried on a 6 -ayes, 0 -nays, 1- absent vote.
There was no public input.
Motion by Kirchoff, seconded by Gamache, to close the public hearing at 7:05 p.m.
Motion carried on a 6 -ayes, 0 -nays, 1- absent vote.
Commissioner Gamache stated per the Ordinance the only problem with this is that there
is not a survey. Mr. Bednarz stated this is correct and per the staff review it seems the lot
can hold all the requirements, but they need the survey to prove this. Commissioner
Greenwald stated he could see why the owner would want to do this because they could
put a lot of expense into it and not get approved. Mr. Bednarz stated that is part of the
reason because it is expensive but they do want to look ahead and set a firm policy on
how they want to review the lot splits.
Commissioner Greenwald asked if it meets all requirements, do they not need to see it
again.
Commissioner Falk stated he would like to see everything in front of him before
approving it in the future but he would move forward with this one. Acting Chairperson
Daninger stated for this applicant Commissioner Falk would like to use option two and in
the future look at option number 1. Commissioner Falk agreed and so did the rest of the
Commission.
Regular Andover Planning and Zoning Commission Meeting
Minutes — October 8, 2002
Page 3
Motion by Falk, seconded by Gamache, to recommend to the City Council approval of
Resolution No. , approving the Lot Split (02 -10) to create two rural residential
properties from property located at 16287 Makah Street NW. And that the applicant have
all necessary paperwork in hand and to the City Council before the presentation and they
must meet all requirements. Motion carried on a 6 -ayes, 0 -nays, 1- absent vote.
Mr. Bednarz stated that this item could be before the Council at the November 6, 2002
City Council meeting.
PUBLIC HEARING: REZONING (02 -02) TO CHANGE THE ZONING
DESIGNATION FROM R -1 SINGLE FAMIL YRURAL RESIDENTIAL TO R-4
SINGLE FAMILY URBAN RESIDENTIAL ON OUTLOT C OF WOODLAND
ESTATES 2ND ADDITION FOR WOODLAND DEVELOPMENT ONPROPERTY
LOCATED WEST OF WOODLAND ESTATES SECOND ADDITION.
Mr. Bednarz explained the Planning Commission is asked to review the proposed
rezoning to allow the Woodland Estates Third Addition Project to move forward. As
with all rezonings, the City must meet one of the two following findings that are provided
by state statute:
1. The original zoning was in error.
2. The character of the area or times and conditions have changed to such an
extent to warrant the Rezoning.
The City Council approved a Comprehensive Plan Amendment on July 2, 2002 to bring
the subject property into the Metropolitan Urban Service Area (MUSA). As a part of this
approval the City Council acknowledged that times and conditions have changed to such
an extent as to warrant the extension of utilities to this property. It is therefore
appropriate to allow the property to be rezoned to R -4 Single Family Urban Residential to
allow the proposed project to move forward.
Commissioner Greenwald asked what the size of the property is. Mr. Bednarz stated it is
a little over five acres. Commissioner Greenwald asked how many houses they would
get out of it. Acting Chairperson Daninger stated it looked like thirteen lots.
Motion by Greenwald, seconded by Kirchoff, to open the public hearing at 7:18 p.m.
Motion carried on a 6 -ayes, 0 -nays, 1- absent vote.
There was no public input.
Motion by Greenwald, seconded by Gamache, to close the public hearing at 7:18 p.m.
Motion carried on a 6 -ayes, 0 -nays, 1- absent vote.
Regular Andover Planning and Zoning Commission Meeting
Minutes— October 8, 2002
Page 4
Motion by Falk, seconded by Gamache, to recommend to the City Council approval of
Resolution No. , approving the rezoning (02 -02) to change the zoning designation
from R -1 Single Family Rural Residential to R -4 Single Family Urban Residential on
Outlot C of Woodland Estates 2nd Addition for Woodland Development. Motion carried
on a 6 -ayes, 0 -nays, 1- absent vote.
Mr. Bednarz stated that this item would be before the Council at the November 6, 2002
City Council meeting.
PUBLICHEARING: PRELIMINARYPLAT OFA SINGLE FAMILY
RESIDENTIAL DEVELOPMENT TO BE KNOWNAS WOODLAND ESTATES 3 RD
ADDITIONFOR WOODLAND DEVELOPMENT ONPROPERTYLOCA TED
WEST OF WOODLAND ESTATES SECOND ADDITION.
Mr. Bednarz explained the Planning Commission is asked to review the preliminary plat
of Woodland Estates 3 Addition.
Mr. Bednarz discussed the preliminary plat with the Commission.
Motion by Greenwald, seconded by Larsen, to open the public hearing at 7:19 p.m.
Motion carried on a 6 -ayes, 0 -nays, 1- absent vote.
There was no public input.
Motion by Greenwald, seconded by Gamache, to close the public hearing at 7:19 p.m.
Motion carried on a 6 -ayes, 0 -nays, 1- absent vote.
Commissioner Gamache stated the plan shows two outlots and the variance is calling for
one. Mr. Bednarz stated this is correct and the outlot B is a similar situation that would
be connected to property to the north when extended. Commissioner Gamache asked if
this would be included in the variance or would there be separate variances for each lot.
Mr. Bednarz stated they could include both outlots in one variance.
Commissioner Gamache stated on item five on the agenda regarding boulevard sodding,
did they not already pass the new ordinance regarding the black dirt over the entire yard
and sod to the front setback. Mr. Bednarz stated those requirements typically fall to the
homeowner unless there is an agreement with the builder. The sodding of the boulevard
is the developer's responsibility.
Commissioner Kirchoff stated he wanted to make it clear that this is a temporary cul -de-
sac because they have come up across this in the past and he liked how it was shown that
way in the map. Mr. Bednarz stated it is the City's policy to put up a temporary sign
indicating this.
Regular Andover Planning and Zoning Commission Meeting
Minutes — October 8, 2002
Page 5
Commissioner Gamache asked if the parcel north of the parcel being discussed was still
outside of the 2020 boundary. Mr. Bednarz stated this is correct. Commissioner
Gamache stated it would appear that they would still be looking at rezoning this in the
future if the Met Council agrees to that. Mr. Bednarz stated utilities would not be
brought to the property until 2020 or beyond according to the sewer staging plan.
Commissioner Falk asked what the length of the cul -de -sac need to be. Mr. Bednarz
stated the typical maximum is 500 feet. Commissioner Falk asked if it were five hundred
feet, would this road be half of this. Mr. Bednarz stated it is close but less than 500 feet.
Commissioner Kirchoff asked if a temporary cul -de -sac is a dead end or is there room for
emergency vehicles to turn around. Mr. Bednarz stated they provide eyebrows at the
edges of the typical street for the temporary cul -de -sac and there is room to turn around.
Motion by Larsen, seconded by Gamache, to recommend to the City Council approval of
Resolution No. , approving the Preliminary Plat of a single - family residential
development. Motion carried on a 6 -ayes, 0 -nays, 1- absent vote.
Commissioner Greenwald asked when the plat is approved if the boulevard sodding
requirements are based on it being approved on what the ordinances say today or what
they are when developed. Mr. Bednarz stated the sodding requirement is part of the
development agreement and not part of the resolution that is approved with the plat.
Commissioner Gamache asked if the Ordinance passed also include homeowners. Mr.
Bednarz stated the homeowner would be responsible for the sod or seed in the front yard
to the front property line and from the front property line to the curb is the developer's
responsibility.
Mr. Bednarz stated that this item would be before the Council at the November 6, 2002
City Council meeting.
PUBLIC HEARING: REZONING (02 -03) TO CHANGE THE ZONING
DESIGNATIONFROMR -3 SINGLE FAMILYSUBURBANRESIDENTL4L TOR -4
SINGLE FAMILY URBANRESIDENT]AL ON PROPERTY LOCA TED AT 1703,
1663 AND 1653 ANDOVER BOULEVARD.
Mr. Bednarz explained that this rezoning is necessary to allow the Foxburgh Crossing
housing development to move forward. As with all rezonings, the City must meet one of
the two following findings that are provided by state statute:
1. The original zoning was in error.
2. The character of the area or times and conditions have changed to such an
extent to warrant the Rezoning.
Regular Andover Planning and Zoning Commission Meeting
Minutes — October 8, 2002
Page 6
It is staff's position that time and conditions have changed such to warrant a rezoning due
to the following:
1. The subject properties are located within the Metropolitan Urban Service Area
(MUSA)
2. The R -3 Single Family Suburban Zoning District was created to accommodate
future urban development at the time when utilities became available.
3. Utilities are available to service the property.
Commissioner Kirchoff asked how many units were in the original proposal. Mr.
Bednarz stated it was thirty -five units.
Motion by Greenwald, seconded by Larsen, to open the public hearing at 7:29 p.m.
Motion carried on a 5 -ayes, 1 -nays (Daninger), 1- absent vote.
There was no public input.
Motion by Gamache, seconded by Kirchoff, to close the public hearing at 7:29 p.m.
Motion carried on a 5 -ayes, 1 -nays (Daninger), 1- absent vote.
Motion by Greenwald, seconded by Falk, to recommend to the City Council approval of
Resolution No. , approving the rezoning (02 -03) to change the zoning designation
from R -3 Single Family Suburban Residential to R -4 Single Family Urban Residential on
property located at 1703, 1663 and 1653 Andover Boulevard. Motion carried on a 5-
ayes, 1 -nays (Daninger), 1- absent vote.
Mr. Bednarz stated that this item would be before the Council at the October 15, 2002
City Council meeting.
PUBLIC HEARING: PRELIMINARYPLAT OFA SINGLE FAMILY
RESIDENTIAL DEVELOPMENT TO BE KNOWNAS FOXBOROUGH CROSSING
FOR GRAND TETONDEVELOPMENT ONPROPERTYLOCA TED AT] 703,1663
AND 1653 ANDOVER BOULEVARD.
Mr. Bednarz explained that the Planning Commission is asked to review the preliminary
plat of Foxburgh Crossing containing 13 single - family lots.
Mr. Bednarz reviewed the preliminary plat with the Commission.
Motion by Kirchoff, seconded by Larsen, to open the public hearing at 7:31 p.m. Motion
carried on a 5 -ayes, 1 -nays (Daninger), 1- absent vote.
There was no public input.
Regular Andover Planning and Zoning Commission Meeting
Minutes — October 8, 2002
Page 7
Motion by Gamache, seconded by Kirchoff, to close the public hearing at 7:31 p.m.
Motion carried on a 5 -ayes, 1 -nays (Daninger), 1- absent vote.
Commissioner Kirchoff stated that looking at some of the issues brought forward the last
time this was before them, there was a lot of concerns from the neighborhood and he
wanted to commend the developers for coming forward with this proposal because it
seems to alleviate all the concerns in the neighbor. It has minimized what can be done
and still makes some good use of this property. Commissioner Kirchoff stated he liked
the looks of the plans.
Commissioner Falk stated he agreed that they had a very good plan because the previous
plan was very dense and this one is not.
Motion by Greenwald, seconded by Larsen, to recommend to the City Council approval
of Resolution No. , approving the Preliminary Plat of a single family residential
development to be known as Foxburgh Crossing for Grand Teton Development on
property located at 1703, 1663 and 1653 Andover Boulevard. Motion carried on a 5-
ayes, 1 -nays (Daninger), 1- absent vote.
Commissioner Greenwald stated it said somewhere that they would be required to move
trees, if need be and he asked if the couldn't just take a tree down and replant new ones,
because some of them were pretty large. Mr. Bednarz stated the developer has indicated
they would try to move and save as many trees as possible but some larger trees would be
removed.
Mr. Bednarz stated that this item would be before the Council at the October 15, 2002
City Council meeting.
PUBLIC HEARING: RESIDENTIAL SKETCH PLAN FOR A SINGLE FAMILY
DEVELOPMENT TO BE KNOWNAS WOODLAND CREEK GOLF COURSE
VILLAS LOCATED AT 3200 SOUTH COON CREEK DRIVE.
Mr. Bednarz explained that the Planning Commission is asked to review a sketch plan for
a housing development containing 11 urban residential lots.
Mr. Bednarz stated the proposed site is designated Urban Residential Low Density in the
Comprehensive Plan which carries a maximum density of four units per acre. The
proposed housing development would have a density of 3.96 units per acre. He went on
to summarize the staff report and indicated the following:
The property is located outside the Metropolitan Urban Service Area (MUSA). A
minor Comprehensive Plan Amendment will be necessary to allow the project to
move forward.
Regular Andover Planning and Zoning Commission Meeting
Minutes — October 8, 2002
Page 8
2. The property is currently zoned Single Family Urban Residential (R -4), which
carries a minimum lot width of 80 feet and a minimum lot size of 11,400 square
feet. The proposed project would require Planned Unit Development Review to
reduce the lot sizes and setbacks from the typical R -4 standards.
Commissioner Gamache asked if the needed to approve a variance for each lot because
they are under square footage and lot width. Mr. Bednarz stated this is not the approach
they would propose. If the Commission and Council is amenable to a smaller lot size,
that could be achieved by allowing planned unit development review, which essentially
would set different standards for this development.
Motion by Greenwald, seconded by Larsen, to open the public hearing at 7:39 p.m.
Motion carried on a 5 -ayes, 1 -nays (Daninger), 1- absent vote.
Mr. Gary Thielen, 3324 South Coon Creek Drive stated there were going to be two
homeowners properties affected by this. He stated he is concerned with the value of his
property and according to the tax assessor; he would have at least a thirty thousand -value
loss in his property if this development were to occur. He stated he has been a resident of
Andover for fourteen years and he thought they had an Ordinance that stated no two
houses by each other can have the same house front and is this one of the many waivers
they would need to get in order to get this approved. He stated the road is on private
property and he was told many times before that the City couldn't do any thing to
improve the value of someone's property.
Mr. Thielen stated they are also talking about putting a restaurant and bar in the
clubhouse, which is next to a City park. He stated the lift station is a concern because it
is a property value concern. He stated he talked to Mr. Bednarz last week regarding the
letter he received regarding the hearing and Mr. Bednarz told him at that time that this
was the first he had heard of the development and then at the meeting last night Mr.
Bednarz told them the City had been working with them since April. Mr. Bednarz stated
that what was indicated on the phone was when they received the proposal, they send out
a public notice. Mr. Thielen asked how many projects is he working on now without the
residents knowing. Mr. Bednarz stated he gets inquiries daily regarding a variety of
properties.
Mr. Thielen stated when Mr. Charen had his public hearing on getting permits to add to
his house a couple of months ago, obviously they have been working on this since April,
a lot of the permits had to be issued over the four month period and why was Mr. Charen
not informed at that time of a proposed development going in behind them. Mr. Bednarz
stated there was not consideration of a development at that time.
Mr. Mike Charen, 3336 South Coon Creek Drive, stated he would be the other property
directly affected by the rezoning and he also has a golf course lot and if this goes in, they
will be directly cut off from the golf course. He is concerned about what this will do to
the value of his property. Other concerns are the positioning of the lift station, which will
Regular Andover Planning and Zoning Commission Meeting
Minutes — October 8, 2002
Page 9
be less than 100 feet away from his property. He stated he has a lot of questions about
the sewer being shallow and possibly backing up into his property. Another concern is
the traffic increase around his house and disruption of wildlife. When he took his permit
out, he would have appreciated a notice of this then. There are other areas on the club
property to place the units. The size of the units would create a wall instead of a nice
view from his property to the golf course. He stated he did understand development and
their concerns in wanting to develop the property, but if this does move forward, he
would like some help with property values instead of being cut off.
Mr. Jonathan Jasper, 14197 Orchid Street, stated he is in one of the two houses located
closest to the development and he has grave concerns regarding this plan. He stated the
lots and houses are larger than average for this community and they have a lot invested in
where they are living. All the lots are substandard and smaller in size and width than the
neighborhood and they are incompatible with the neighborhood. He stated that adding
eleven small townhouses that are identical and built on slabs, takes away from that
development and takes away the value of development. He stated there is concern with
the length of the cul -de -sac and the overall plan of the City. He stated that what they end
up with is eleven smaller houses on eleven smaller lots that are going to directly affect
the value of their development.
Mr. Jasper stated that the meeting last night was very informative and he appreciated it.
He stated there were some specific concerns that he raised last night and one was
neighbors were concerned about values. He stated he researched the cost of different golf
courses with townhomes on them. He stated that townhomes on Majestic Oaks sells for
$69 a square foot and if a basement were not included would sell for $139 a square foot
on a better golf course. He stated he was told that this would enhance the value of the
neighborhood because these would be high -end townhouses but he did not know how
they could charge more for their townhouses than a better golf course could. He stated
that based on his research today, they cannot meet the evaluations. He stated he did not
buy his house only to have a development built by him on the golf course. He stated this
was not the intention of the original developer on this property.
Mr. Ron Vanelli, developer along with Mike Olsen stated they have been in the Golf
Course and restaurant business since 1989. He stated that what they are trying to do with
Woodland Creek Golf Course is to upgrade and improve the course. He stated they
purchased the property this spring and he did not know what the development that was
already there was like. He stated their long -term goal is to create a restaurant facility on
this property. He stated there is expense involved with this because the original facility
was never set up to be used as a restaurant/club house. He stated they wanted to make
this a community beacon the community can look up to. He stated that after they were
involved for a while, they started to look at the possibilities of upgrading the property and
one option that came up was the possibility to put some houses on the golf course. He
stated they have gone to considerable expense with surveying. He stated these are not
townhomes; they are single - family villa style homes, directed at retired persons.
Regular Andover Planning and Zoning Commission Meeting
Minutes — October 8, 2002
Page 10
Acting Chairperson Daninger left the meeting at 8:00 p.m. Commissioner Kirchoff
stepped in as Acting Chairperson for the rest of the meeting.
Mr. Brian Johnson, Hawkins & Anderson, stated the Villas are laid out on the north edge
of the golf course and the entrance that is used for the golf course would be improved and
the street installed would be a City designed and installed project and so would the
utilities under a public improvement project. The parking lot for the golf course will be
improved along with the improvements to the roadway. The utilities, sanitary sewer and
water way would hook up in the northeast corner of the existing city park and would
require a lift station. He stated the City would design the lift station and install it. The
design of the development is very compact for detached townhomes. The setbacks are
ten feet to the living areas, six foot to the garage areas, similar to other developments in
the City. The public street length is approximately 700 feet. He stated its features would
be an association maintained development and the private property would be maintained
by the association and there would be standards for building materials and treatments for
the exteriors and treatments of the landscaping. He stated the drainage in the City park
would be maintained by a pipe system and ponding which would be located to the south
side of the project to control the flood elevations and increased runoff from this site.
Commissioner Greenwald asked for this development to work out, would they need it to
be eleven townhomes. He also asked if the street needed to be seven hundred feet in
length and where would the lift station be situated. Mr. Johnson stated with the design it
would be a single loaded street and there would be eleven units on the street. He stated
the city park would never be developed, as far as he knew. The utility costs for this
project and the addition of a lift station are unique to this site. In regards to the lift station
and speaking to Mr. Haas, if a lift station were placed on the west side, it could be a
permanent lift station and a temporary lift station placed on the east side, depending on
future decisions by the City Council.
Mr. Vanelli stated the driving number is the utilities.
Ms. Sharon Harris - Vanelli, Edina Realty, stated in regards to the values of these homes,
they would be looking at a unique buyer for these homes. She stated these homes would
have a lot of nice amenities which would dictate a little higher price and there would only
be a few of them so this would bring the demand up. She stated she did some research on
townhomes around other golf courses in the area and they range from $275 to $325 in
price. She stated she thought these homes would be very saleable.
Commissioner Gamache asked if the homes that have sold are twenty -four foot on slab
townhomes. Ms. Harris - Vanelli stated most are slab on grade with no basements and
most sold have only a two -car garage where these have three car garages.
Commissioner Greenwald asked if they have done any valuation studies within the area.
Ms. Harris - Vanelli stated that with the homes around the golf course, there is nothing like
Regular Andover Planning and Zoning Commission Meeting
Minutes — October 8, 2002
Page 11
this there so it is difficult to find a comparable for this but she thought the market would
be there for them.
Commissioner Greenwald stated one of the residents that came up would lose $30,000
value in property because no longer would his lot be on the golf course. Ms. Harris -
Vanelli stated she did not know, but it is a possibility.
Commissioner Larsen asked Ms. Harris - Vanelli if she had done some comparables to
Majestic Oaks or other golf courses. Ms. Harris - Vanelli stated she had done some
comparables on Majestic Oaks and other areas in the area such as Ham Lake.
Mr. Byron Westlund, Woodland Development Corporation, stated the cost per square
foot is not what Mr. Jasper indicated, he stated they are well over $100 per square foot
and does not include the lot. He stated that Mr. Bednarz has done an excellent job and he
called on him many times for advise on properties. He stated he is not for or against the
development. He stated that the residents have issues about property values but the golf
course owner also has the right to use their property as they see fit.
Mr. Mike Olsen, part owner of the golf course, stated when they designed this unit, they
took into consideration everything around the golf course. They tried to design a unit that
would be compatible with all the houses around the golf course. He showed a sketch of
the units proposed. He stated that with a well- designed landscape plan for all the units, it
will not look like a row of villas and they feel this would be a nice addition to the
community.
Commissioner Greenwald asked if this design is like the ones they developed in Forest
Lake. Mr. Olsen stated it is not and this plan is original to this development.
Commissioner Larsen asked where the proposed restaurant would be in respect to the
plan. Mr. Olsen stated it would remain in the same clubhouse and they are looking at
remodeling.
Commissioner Greenwald stated he liked the looks of the units. Mr. Vanelli stated when
they developed this, they did not look at the houses that were affected by this and they
would like to work with the people in the development.
Ms. Vicky Larsen, 14229 Quay Street NW, stated she had some comments and one
regarding property value. She stated they just refinanced their home and the appraiser
told them that they did not need the full appraised amount because if they would sell the
house, they would not have a problem because they have a lot on the golf course. She
stated she did not understand why the City would make so many waivers to the current
ordinances to allow this project. She stated that what she was told the maintenance
building would be moved and there would be a service road put in and she wanted to
know where it would go. Mr. Olsen stated it is proposed for the far west part of the
property. He stated they have a twenty -foot easement coming out of the fifth addition of
Regular Andover Planning and Zoning Commission Meeting
Minutes — October 8, 2002
Page 12
Woodland Development and they would propose to make a cart path for the workers to
get to work because the maintenance building would be put in the far northwest corner of
the property.
Commissioner Gamache asked if this road was part of the proposal. Mr. Bednarz stated
it was not but it would force the utility building to move because that is where the
proposed structures are to go.
Commissioner Kirchoff asked if the road would be tied into any outside streets. Mr.
Olsen stated they would have to come off of 142 and it is already set up for that. Ms.
Larsen stated that this land is not all swamp and wetland because her house is back there.
Ms. Larsen stated this is not a large golf course in that area and the proposed houses
would be close to the fairway and she did not know if there were any regulations
regarding this. She stated there is value in the fact that you live on the golf course and
she does not like the idea of a service road butting up to their property and she does not
like all the variances proposed for the development of the houses.
Commissioner Kirchoff stated this is a Planned Unit Development and with a Planned
Unit Development, there is some give and take and the City has some authority with a
PUD. Mr. Bednarz stated planned unit development is intended to get a better product
than if they used a straight zoning district. He stated the City does have the ability to
require amenities or landscaping or different features through the PUD that they would
not have with a straight zoning district. He stated the purpose of Planned Unit
Development is not to abuse the lot sizes to cram units in.
Mr. Jasper stated the access road, the cart path is where all the neighborhood storm drains
drain and his concerns are the golf course floods two to three times a year already and
there will be a road with additional traffic coming off of 142 Avenue.
Motion by Greenwald, seconded by Gamache, to close the public hearing at 8:34 p.m.
Motion carried on a 5 -ayes, 0 -nays, 2- absent (Daninger and Squires) vote.
Commissioner Gamache asked what is the area zoned. Mr. Bednarz stated the current
zoning is R -4. Commissioner Gamache asked if there is a variance needed for the service
road. Mr. Bednarz stated they would need to get a building permit to reconstruct the
building in a different area. He stated the City with a Commercial Site Plan review of the
project could put conditions or require screening.
Commissioner Kirchoff asked if the entire golf course zoned R -4. Mr. Bednarz stated
this is correct. Commissioner Kirchoff stated in theory the entire golf course could be
residential and turned into a housing development. Mr. Bednarz stated most of the golf
course is in the flood plain so most of it could not be built upon.
Regular Andover Planning and Zoning Commission Meeting
Minutes — October 8, 2002
Page 13
Commissioner Greenwald stated he would never approve this based on the fact that road
is over seven hundred feet and also because it is affecting residents values on their
homes. He stated he would suggest they move the driveway east and he would
recommend the developer look at two things, a shorter cul -de -sac and if there was any
way to work with Mr. Bednarz so they could change the entrance and move it down a
hundred feet.
Commissioner Gamache stated as a golfer he hates the idea of having houses on a golf
course but they do have the right to develop their property and he sympathizes with the
residents.
Commissioner Kirchoff stated the precedent has been set with the longer cul -de -sacs
approved previously. Commissioner Greenwald stated that he did not think they ever
approved a longer cul -de -sac when it affected the surrounding properties so much. He
stated to approve a variance of that, knowing that they are affecting two citizens is tough.
Commissioner Kirchoff stated he would agree with Commissioner Gamache on this.
Commissioner Larsen asked as a citizen what would be their legal rights against the City.
Commissioner Gamache stated if the plan were approved down the road, is there any
legal recourse the citizens have against the City. Mr. Bednarz stated it would be a
question for the City Attorney.
Commissioner Falk asked if they wanted to table this for more information. He stated he
wanted to recommend they remove one structure to get the lots back to what they should
be in an R -4 development. Commissioner Kirchoff stated that if they were going down to
ten units, there would not be a PUD.
Commissioner Greenwald asked if it increases the value to Andover by putting the homes
in. Commissioner Gamache stated that it would bring more taxes into the City.
Commissioner Kirchoff stated it could also bring in more revenue by having the
restaurant in the clubhouse and may be a plus to the neighborhood.
Commissioner Greenwald stated if it did not affect the residents around this, he would
not have a problem with approving this. Commissioner Larsen stated she agreed and
would like to have the development moved a little closer to the clubhouse.
Commissioner Gamache asked if by taking one home out of the plan, could they meet the
R -4 requirements. Mr. Bednarz stated they likely could with a variance to cul -de -sac
length. Commissioner Gamache asked if it would also take away the PUD on the
property. Mr. Bednarz stated there would be no reason to pursue PUD review if the
development were required to meet the R -4 standards. He stated that staff believes the lot
size is appropriate for this type of development and that although the developer has used
that reduced lot size to shoehorn in another unit, one unit could be removed and the space
gained could be used to create a better development
Regular Andover Planning and Zoning Commission Meeting
Minutes — October 8, 2002
Page 14
Commissioner Kirchoff asked how long the golf course has been there. It was noted the
course has been there fourteen years.
Motion by Gamache, seconded by Falk, to recommend to the City Council approval of
Resolution No. , approving the Residential Sketch Plan for a single family
development to be known as Woodland Creek Golf Course Villas located at 3200 South
Coon Creek Drive and to remove a house from sketch plan and have the developer make
the lots conform under the R -4 zoning district. Motion failed with 2 -ayes ( Gamache,
Falk), 3 -nays (Greenwald, Larsen, Kirchoff), 2- absent (Daninger and Squires) vote.
Commissioner Kirchoff stated that by eliminating a lot, they could still be under the
PUD. Commissioner Gamache stated he would like the developer to make the lots eighty
feet wide and the only variance needed would be for the longer cul -de -sac.
Mr. Thielen stated he is sitting in a house that cannot be sold and if the development
happens, he may as well burn it down because he will be economically bankrupt if this
goes through. Commissioner Falk asked Mr. Thielen to sit down.
Commissioner Gamache stated what his informal advisement would be is to see if there is
anything that can be done to make this work without affecting the two residents.
Commissioner Larsen agreed.
Mr. Bednarz stated that this item would be before the Council at the November 6, 2002
City Council meeting.
DISCUSSION. • METROPOLITAN COUNCIL'S "DRAFT "2030 BLUEPRINT.
Mr. Bednarz stated the Metropolitan Council has prepared a "Draft" 2030 Blueprint for
growth and development for the Twin Cities. The document has major policy areas that
are being revised including:
• Allocation of Forecasted Growth
• MUSA Policy
• Rural Growth Policies
• Housing
• Natural Resource Protection
• Implementations/Benchmarks
Mr. Bednarz discussed the policy areas that were summarized in the Association of
Metropolitan Municipalities (AMM) summary.
OTHER BUSINESS.
Regular Andover Planning and Zoning Commission Meeting
Minutes — October 8, 2002
Page 15
There was no other business.
ADJOURNMENT.
Motion by Greenwald, seconded by Gamache, to adjourn the meeting at 9:15 p.m.
Motion carried on a 5 -ayes, 0 -nays, 2- absent (Daninger and Squires) vote.
Respectfully Submitted,
Sue Osbeck, Recording Secretary
Timesaver Off Site Secretarial, Inc.
• � CITY of ANDOVER
PLANNING AND ZONING COMMISSION MEETING — OCTOBER 8, 2002
The Regular Bi- Monthly Meeting of the Andover Planning and Zoning Commission was
called to order by Acting Chairperson Dean Daninger on October 8, 2002, 7:00 p.m., at
the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota.
Commissioners present: Commissioners Tim Kirchoff, Douglas Falk, Tony
Gamache, Rex Greenwald, Dean Daninger and Paula
Larsen.
Commissioners absent: Chairperson Jay Squires.
Also present: City Planner, Courtney Bednarz .
Others
APPROVAL OFM]NUTES.
September 24, 2002
Motion by Greenwald, seconded by Gamache, to approve the minutes as presented.
Motion carried on a 6 -ayes, 0 -nays, 0- present, 1- absent vote.
0
PUBLIC HEARING.- LOT SPLIT (02 -10) TO CREATE TWO RURAL
RESIDENTL9L PROPERTIES FROM PROPER TY L OCA TED AT 16287 MA.KAH
STREET NW FOR SANDRA AND SCHUYLER WALLACE.
Mr. Bednarz explained that the applicant is seeking approval of a proposal to divide the
subject property into two rural residential lots. An existing house on the western half of
the property will remain and one new lot will be created on the eastern half.
Mr. Bednarz discussed the survey of the proposed lot split with the Commission.
Mr. Bednarz stated in an attempt to minimize any costs before the lot split has been
approved, the applicant has not submitted all of the necessary materials_ The materials to
be included include 3- signed original copies of the survey, which show:
L Placement of the new property line.
2. A 10 -foot easement around the perimeter of both properties.
Regular Andover Planning and Zoning Commission Meeting 1W
Minutes — October 8, 2002
Page 2
3. Placement of any new structures, which conform to all City building and •
zoning, codes.
4. Locations for two 5,000 square foot (10,000 square foot total) septic areas.
5. Legal descriptions of the new properties.
The Committee has three options:
1. Require the applicant to submit all necessary materials before the
Commission reviews the application.
2. Recommend approval of the lot split, but require the applicant submit all
necessary materials before this proceeds to the City Council.
3. Recommend approval of the lot split, but require the applicant submit all
necessary materials before the lot split is recorded with Anoka County.
Commissioner Greenwald asked what they were approving. Acting Chairperson
Daninger stated they would be making a recommendation of approval or denial of the lot
split based on the survey.
Commissioner Greenwald asked if this would be coming back to them. Mr. Bednarz
stated it depended on the decision made in their recommendation.
Motion by Greenwald, seconded by Falk, to open the public hearing at 7:05 p.m. Motion
carried on a 6 -ayes, 0 -nays, 1 - absent vote.
There was no public input.
Motion by Kirchof� seconded by Gamache, to close the public hearing at 7:05 p.m.
Motion carried on a 6 -ayes, 0 -nays, 1- absent vote.
Commissioner Gamache stated per the Ordinance the only problem with this is that there
is not a survey. Mr. Bednarz stated this is correct and per the staff review it seems the lot
can hold all the requirements, but they need the survey to prove this. Commissioner
Greenwald stated he could see why the owner would want to do this because they could
put a lot of expense into it and not get approved. Mr. Bednarz stated that is part of the
reason because it is expensive but they do want to look ahead and set a firm policy on
how they want to review the lot splits.
Commissioner Greenwald asked if it meets all requirements, do they not need to see it
again.
Commissioner Falk stated he would like to see everything in front of him before
approving it in the future but he would move forward with this one. Acting Chairperson
Daninger stated for this applicant Commissioner Falk would like to use option two and in
the future look at option number 1. Commissioner Falk agreed and so did the rest of the
Commission.
Regular Andover Planning and Zoning Commission Meeting
Minutes — October 8, 2002
Page 3
• Motion by Falk, seconded by Gamache, to recommend to the City Council approval of
Resolution No. , approving the Lot Split (02 -10) to create two rural residential
properties from property located at 16287 Makah Street NW. And that the applicant have
all necessary paperwork in hand and to the City Council before the presentation and they
must meet all requirements. Motion carried on a 6 -ayes, 0 -nays, 1- absent vote.
Mr. Bednarz stated that this item could be before the Council at the November 6, 2002
City Council meeting.
PUBLIC HEARING. REZONING (02 -02) TO CHANGE THE ZONING
DESIGNA TION FROM R-1 SINGLE FAMILYRURAL RESIDENTIAL TO R-4
SINGLE FAMILY URBAN RESIDENTLAL ON OUTLOT C OF WOODLAND
ESTATES 2 ND ADDITION FOR WOODLAND DEVELOPMENT ON PROPERTY
LOCATED WEST OF WOODLAND ESTATES SECOND ADDITION.
Mr. Bednarz explained the Planning Commission is asked to review the proposed
rezoning to allow the Woodland Estates Third Addition Project to move forward. As
with all rezonings, the City must meet one of the two following findings that are provided
by state statute:
1. The original zoning was in error.
2. The character of the area or times and conditions have changed to such an
extent to warrant the Rezoning.
The City Council approved a Comprehensive Plan Amendment on July 2, 2002 to bring
the subject property into the Metropolitan Urban Service Area (MUSA). As a part of this
approval the City Council acknowledged that times and conditions have changed to such
an extent as to warrant the extension of utilities to this property. It is therefore
appropriate to allow the property to be rezoned to R-4 Single Family Urban Residential to
allow the proposed project to move forward.
Commissioner Greenwald asked what the size of the property is. Mr. Bednarz stated it is
a little over five acres. Commissioner Greenwald asked how many houses they would
get out of it. Acting Chairperson Daninger stated it looked like thirteen lots.
Motion by Greenwald, seconded by Kirchoff, to open the public hearing at 7:18 p.m.
Motion carried on a 6 -ayes, 0 -nays, 1- absent vote.
There was no public input.
Motion by Greenwald, seconded by Gamache, to close the public hearing at 7:18 p.m.
. Motion carried on a 6 -ayes, 0 -nays, 1- absent vote.
Regular Andover Planning and Zoning Commission Meeting
Minutes — October 8, 2002
Page 4
Motion by Falk, seconded by Gamache, to recommend to the City Council approval of •
Resolution No. , approving the rezoning (02 -02) to change the zoning designation
from R -1 Single Family Rural Residential to R-4 Single Family Urban Residential on
Outlot C of Woodland Estates 2 " Addition for Woodland Development. Motion carried
on a 6 -ayes, 0 -nays, 1- absent vote.
Mr. Bednarz stated that this item would be before the Council at the November 6, 2002
City Council meeting.
PUBLIC IIEARING: PRELIMINARYPLAT OFA SINGLE FAMILY
RESIDENTIAL DEVELOPMENT TO BE ANOWNAS WOODLAND ESTATES 3 RD
ADDITION FOR WOODLAND DEVELOPMENT ON PROPERTYLOCATED
WEST OF WOODLAND ESTATES SECOND ADDITION.
Mr. Bednarz explained the Planning Commission is asked to review the preliminary plat
of Woodland Estates P Addition.
Mr. Bednarz discussed the preliminary plat with the Commission.
Motion by Greenwald, seconded by Larsen, to open the public hearing at 7:19 p.m.
Motion carried on a 6 -ayes, 0 -nays, 1- absent vote.
There was no public input.
Motion by Greenwald, seconded by Gamache, to close the public hearing at 7:19 p.m.
Motion carved on a 6 -ayes, 0 -nays, 1- absent vote.
Commissioner Gamache stated the plan shows two outlots and the variance is calling for
one. Mr. Bednarz stated this is correct and the outlot B is a similar situation that would
be connected to property to the north when extended. Commissioner Gamache asked if
this would be included in the variance or would there be separate variances for each lot.
Mr. Bednarz stated they could include both outlots in one variance.
Commissioner Gamache stated on item five on the agenda regarding boulevard sodding,
did they not already pass the new ordinance regarding the black dirt over the entire yard
and sod to the front setback. Mr. Bednarz stated those requirements typically fall to the
homeowner unless there is an agreement with the builder. The sodding of the boulevard
is the developer's responsibility.
Commissioner Kirchoff stated he wanted to make it clear that this is a temporary cul -de-
sac because they have come up across this in the past and he liked how it was shown that
way in the map. Mr. Bednarz stated it is the City's policy to put up a temporary sign
indicating this. •
Regular Andover Planning and Zoning Commission Meeting
Minutes — October 8, 2002
Page 5
• Commissioner Gamache asked if the parcel north of the parcel being discussed was still
outside of the 2020 boundary. Mr. Bednarz stated this is correct. Commissioner
Gamache stated it would appear that they would still be looking at rezoning this in the
future if the Met Council agrees to that Mr. Bednarz stated utilities would not be
brought to the property until 2020 or beyond according to the sewer staging plan.
Commissioner Falk asked what the length of the cul-de -sac need to be. Mr. Bednarz
stated the typical maximum is 500 feet. Commissioner Falk asked if it were five hundred
feet, would this road be half of this. Mr. Bednarz stated it is close but less than 500 feet.
Commissioner Kirchoff asked if a temporary cul -de -sac is a dead end or is there room for
emergency vehicles to turn around. Mr. Bednarz stated they provide eyebrows at the
edges of the typical street for the temporary cul -de -sac and there is room to turn around.
Motion by Larsen, seconded by Gamache, to recommend to the City Council approval of
Resolution No. , approving the Preliminary Plat of a single - family residential
development. Motion carried on a 6 -ayes, 0 -nays, 1- absent vote.
Commissioner Greenwald asked when the plat is approved if the boulevard sodding
requirements are based on it being approved on what the ordinances say today or what
they are when developed. Mr. Bednarz stated the sodding requirement is part of the
development agreement and not part of the resolution that is approved with the plat.
• Commissioner Gamache asked if the Ordinance passed also include homeowners. Mr.
Bednarz stated the homeowner would be responsible for the sod or seed in the front yard
to the front property line and from the front property line to the curb is the developer's
responsibility.
Mr. Bednarz stated that this item would be before the Council at the November 6, 2002
City Council meeting.
PUBLIC HEARING: REZONING (02 -03) TO CHANGE THE ZONING
DESIGNATIONFROMR 3SINGLEFAMILYSUBURBANRESIDENTLgL TOR-4
SINGLEFAMILY URBANRESLOENTLIL ONPROPERTYLOCATEDAT 1703,
1663 AND 1653 ANDOVER BOULEVARD.
Mr. Bednarz explained that this rezoning is necessary to allow the Foxburgh Crossing
housing development to move forward. As with all rezonings, the City must meet one of
the two following findings that are provided by state statute:
1. The original zoning was in error.
2. The character of the area or times and conditions have changed to such an
extent to warrant the Rezoning.
•
Regular Andover Planning and Zoning Commission Meeting
Minutes — October 8, 2002
Page 6
It is star s position that time and conditions have changed such to warrant a rezoning due •
to the following:
1. The subject properties are located within the Metropolitan Urban Service Area
(MUSA)
2. The R -3 Single Family Suburban Zoning District was created to accommodate
future urban development at the time when utilities became available.
3. Utilities are available to service the property.
Commissioner Kirchoff asked how many units were in the original proposal. Mr.
Bednarz stated it was thirty -five units.
Motion by Greenwald, seconded by Larsen, to open the public hearing at 7:29 p.m.
Motion carried on a 5 -ayes, 1 -nays (Daninger), 1- absent vote.
There was no public input.
Motion by Gamache, seconded by Kirchoff, to close the public hearing at 7:29 p.m.
Motion carried on a 5 -ayes, 1 -nays (Daninger), 1- absent vote.
Motion by Greenwald, seconded by Falk, to recommend to the City Council approval of
Resolution No. , approving the rezoning (02 -03) to change the zoning designation
from R -3 Single Family Suburban Residential to R-4 Single Family Urban Residential on •
properly located at 1703, 1663 and 1653 Andover Boulevard. Motion carried on a 5-
ayes, 1 -nays (Daninger), 1- absent vote.
Mr. Bednarz stated that this item would be before the Council at the October 15, 2002
City Council meeting.
PUBLIC HEARING: PRELIMINARYPLAT OFA SINGLE FAMILY
RESIDENTMgL DEVELOPMENT TO BE SNOWNAS FOXBOROUGH CROSSING
FOR GRAND TETON DEVELOPMENT ON PROPERTY LOCATED AT 1703,1663
AND 1653 ANDOVER BOULEVARD.
Mr. Bednarz explained that the Planning Commission is asked to review the preliminary
plat of Foxburgh Crossing containing 13 single - family lots.
Mr. Bednarz reviewed the preliminary plat with the Commission.
Motion by Kirchoff, seconded by Larsen, to open the public hearing at 7:31 p.m. Motion
carried on a 5 -ayes, 1 -nays (Daninger), I- absent vote.
There was no public input
•
Regular Andover Planning and Zoning Commission Meeting
Minutes — October 8, 2002
Page 7
• Motion by Gamache, seconded by Kirchoff, to close the public hearing at 7:31 p.m.
Motion carried on a 5 -ayes, 1 -nays (Daninger), 1- absent vote.
Commissioner Kirchoff stated that looking at some of the issues brought forward the last
time this was before them, there was a lot of concerns from the neighborhood and he
wanted to commend the developers for coming forward with this proposal because it
seems to alleviate all the concerns in the neighbor. It has minimized can be done
and still makes some good use of this property. Commissioner Kirchoff stated he liked
the looks of the plans.
Commissioner Falk stated he agreed that they had a very good plan because the previous
plan was very dense and this one is not
Motion by Greenwald, seconded by Larsen, to recommend to the City Council approval
of Resolution No. , approving the Preliminary Plat of a single family residential
development to be known as Foxburgh Crossing for Grand Teton Development on
property located at 1703, 1663 and 1653 Andover Boulevard. Motion carried on a 5-
ayes, 1 -nays (Daninger), 1- absent vote.
Commissioner Greenwald stated it said somewhere that they would be required to move
trees, if need be and he asked if the couldn't just take a tree down and replant new ones,
. because some of them were pretty large. Mr. Bednarz stated the developer has indicated
they would try to move and save as many trees as possible but some larger trees would be
removed.
Mr. Bednarz stated that this item would be before the Council at the October 15, 2002
City Council meeting.
PUBLIC HEARING: RESIDENTIAL SKETCHPLAN FOR A SINGLE FAMILY
DEVELOPMENT TO BE KNOWNAS WOODLAND CREEK GOLF COURSE
VILLAS LOCATED AT 3200 SOUTH COON CREEKDRIVE
Mr. Bednarz explained that the Planning Commission is asked to review a sketch plan for
a housing development containing 11 urban residential lots.
Mr. Bednarz stated the proposed site is designated Urban Residential Low Density in the
Comprehensive Plan which carries a maximum density of four units per acre. The
proposed housing development would have a density of 3.96 units per acre. He went on
to summarize the staff report and indicated the following:
1. The property is located outside the Metropolitan Urban Service Area (MUSA). A
minor Comprehensive Plan Amendment will be necessary to allow the project to
move forward.
Cl
Regular Andover Planning and Zoning Commission Meeting
Minutes — October 8, 2002
Page 8
2. The property is currently zoned Single Family Urban Residential (R-4), which •
carries a minimum lot width of 80 feet and a minimum lot size of 11,400 square
feet. The proposed project would require Planned Unit Development Review to
reduce the lot sizes and setbacks from the typical R-4 standards.
Commissioner Gamache asked if the needed to approve a variance for each lot because
they are under square footage and lot width. Mr. Bednarz stated this is not the approach
they would propose. If the Commission and Council is amenable to a smaller lot size,
that could be achieved by allowing planned unit development review, which essentially
would set different standards for this development.
Motion by Greenwald, seconded by Larsen, to open the public hearing at 7:39 p.m.
Motion carried on a 5 -ayes, 1 -nays (Daninger), 1- absent vote.
Mr. Gary Thielen, 3324 South Coon Creek Drive stated there were going to be two
homeowners properties affected by this. He stated he is concerned with the value of his
property and according to the tax assessor, he would have at least a thirty thousand -value
loss in his property if this development were to occur. He stated he has been a resident of
Andover for fourteen years and he thought they had an Ordinance that stated no two
houses by each other can have the same house front and is this one of the many waivers
they would need to get in order to get this approved. He stated the road is on private
property and he was told many times before that the City couldn't do any thing to •
improve the value of someone's property.
Mr. Thielen stated they are also talking about putting a restaurant and bar in the
clubhouse, which is next to a City park. He stated the lift station is a concern because it
is a property value concern. He stated he talked to Mr. Bednarz last week regarding the
letter he received regarding the hearing and Mr. Bednarz told him at that time that this
was the first he had heard of the development and then at the meeting last night W.
Bednarz told them the City had been working with them since April. Mr. Bednarz stated
that what was indicated on the phone was when they received the proposal, they send out
a public notice. Mr. Thielen asked how many projects is he working on now without the
residents knowing. Mr. Bednarz stated he gets inquiries daily regarding a variety of
properties.
Mr. Thielen stated when Mr. Charen had his public hearing on getting permits to add to
his house a couple of months ago, obviously they have been working on this since April,
a lot of the permits had to be issued over the four month period and why was Mr. Charen
not informed at that time of a proposed development going in behind them. Mr. Bednarz
stated there was not consideration of a development at that time.
Mr. Mike Charen, 3336 South Coon Creek Drive, stated he would be the other property
directly affected by the rezoning and he also has a golf course lot and if this goes in, they
will be directly cut off from the golf course. He is concerned about what this will do to •
the value of his property. Other concerns are the positioning of the lift station, which will
' Regular Andover Planning and Zoning Commission Meeting
Minutes — October 8, 2002
Page 9
• be less than 100 feet away from his property. He stated he has a lot of questions about
the sewer being shallow and possibly backing up into his property. Another concern is
the traffic increase around his house and disruption of wildlife. When he took his permit
out, he would have appreciated a notice of this then. There are other areas on the club
property to place the units. The size of the units would create a wall instead of a nice
view from his property to the golf course. He stated he did understand development and
their concerns in wanting to develop the property, but if this does move forward, he
would like some help with property values instead of being cut off.
Mr. Jonathan Jasper, 14197 Orchid Street, stated he is in one of the two houses located
closest to the development and he has grave concerns regarding this plan. He stated the
lots and houses are larger than average for this community and they have a lot invested in
where they are living. All the lots are substandard and smaller in size and width than the
neighborhood and they are incompatible with the neighborhood. He stated that adding
eleven small townhouses that are identical and built on slabs, takes away from that
development and takes away the value of development. He stated there is concern with
the length of the cul -de -sac and the overall plan of the City. He stated that what they end
up with is eleven smaller houses on eleven smaller lots that are going to directly affect
the value of their development.
Mr. Jasper stated that the meeting last night was very informative and he appreciated it.
He stated there were some specific concerns that he raised last night and one was
• neighbors were concerned about values. He stated he researched the cost of different golf
courses with townhomes on them. He stated that townhomes on Majestic Oaks sells for
$69 a square foot and if a basement were not included would sell for $139 a square foot
on a better golf course. He stated he was told that this would enhance the value of the
neighborhood because these would be high-end townhouses but he did not know how
th ey could charge more for their townhouses than a better golf course could. He stated
that based on his research today, they cannot meet the evaluations. He stated he did not
buy his house only to have a development built by him on the golf course. He stated this
was not the intention of the original developer on this property.
Mr. Ron Vanelli, developer along with Mike Olsen stated they have been in the Golf
Course and restaurant business since 1989. He stated that what they are trying to do with
Woodland Creek Golf Course is to upgrade and improve the course. He stated they
purchased the property this spring and he did not know what the development that was
already there was like. He stated their long -term goal is to create a restaurant facility on
this property. He stated there is expense involved with this because the original facility
was never set up to be used as a restaurant/club house. He stated they wanted to make
this a community beacon the community can look up to. He stated that after they were
involved for a while, they started to look at the possibilities of upgrading the property and
one option that came up was the possibility to put some houses on the golf course. He
stated they have gone to considerable expense with surveying. He stated these are not
• townhomes; they are single - family villa style homes, directed at retired persons.
Regular Andover Planning and Zoning Commission Meeting
Minutes — October 8, 2002
Page 10
It
Acting Chairperson Da left the meeting at 8:00 p.m. Commissioner Kirchoff •
stepped in as Acting Chairperson for the rest of the meeting.
Mr. Brian Johnson, Hawkins & Anderson, stated the Villas are laid out on the north edge
of the golf course and the entrance that is used for the golf course would be improved and
the street installed would be a City designed and installed project and so would the
utilities under a public improvement project. The parking lot for the golf course will be
improved along with the improvements to the roadway. The utilities, sanitary sewer and
water way would hook up in the northeast corner of the existing city park and would
require a lift station. He stated the City would design the lift station and install it. The
design of the development is very compact for detached townhomes. The setbacks are
ten feet to the living areas, six foot to the garage areas, similar to other developments in
the City. The public street length is approximately 700 feet. He stated its features would
be an association maintained development and the private property would be maintained
by the association and there would be standards for building materials and treatments for
the exteriors and treatments of the landscaping. He stated the drainage in the City park
would be maintained by a pipe system and ponding which would be located to the south
side of the project to control the flood elevations and increased runoff from this site.
Commissioner Greenwald asked for this development to work out, would they need it to
be eleven townhomes. He also asked if the street needed to be seven hundred feet in
length and where would the lift station be situated. Mr. Johnson stated with the design it •
would be a single loaded street and there would be eleven units on the street. He stated
the city park would never be developed, as far as he knew. The utility costs for this
project and the addition of a lift station are unique to this site. In regards to the lift station
and speaking to Mr. Haas, if a lift station were placed on the west side, it could be a
permanent lift station and a temporary lift station placed on the east side, depending on
future decisions by the City Council.
Mr. Vanelli stated the driving number is the utilities.
Ms. Sharon Harris - Vanelli, Edina Realty, stated in regards to the values of these homes,
they would be looking at a unique buyer for these homes. She stated these homes would
have a lot of nice amenities which would dictate a little higher price and there would only
be a few of them so this would bring the demand up. She stated she did some research on
townhomes around other golf courses in the area and they range from $275 to $325 in
price. She stated she thought these homes would be very saleable.
Commissioner Gamache asked if the homes that have sold are twenty -four foot on slab
townhomes. Ms. Harris - Vanelli stated most are slab on grade with no basements and
most sold have only a two -car garage where these have three car garages.
Commissioner Greenwald asked if they have done any valuation studies within the area
Ms. Hams- Vanelli stated that with the homes around the golf course, there is nothing like •
Regular Andover Planning and Zoning Commission Meeting
Minutes — October 8, 2002
Page 11
• this there so it is difficult to find a comparable for this but she thought the market would
be there for them.
Commissioner Greenwald stated one of the residents that came up would lose $30,000
value in property because no longer would his lot be on the golf course. Ms. Harris -
Vanelli stated she did not know, but it is a possibility.
Commissioner Larsen asked Ms. Harris -Vanelli if she had done some comparables to
Majestic Oaks or other golf courses. Ms. Hams -Vanelli stated she had done some
comparables on Majestic Oaks and other areas in the area such as Ham Lake.
Mr. Byron Westlund, Woodland Development Corporation, stated the cost per square
foot is not what Mr. Jasper indicated, he stated they are well over $100 per square foot
and does not include the lot. He stated that Mr. Bednarz has done an excellent job and he
called on him many times for advise on properties. He stated he is not for or against the
development. He stated that the residents have issues about property values but the golf
course owner also has the right to use their property as they see fit.
Mr. Mike Olsen, part owner of the golf course, stated when they designed this unit, they
took into consideration everything around the golf course. They tried to design a unit that
would be compatible with all the houses around the golf course. He showed a sketch of
• the units proposed. He stated that with a well- designed landscape plan for all the units, it
will not look like a row of villas and they feel this would be a nice addition to the
community.
Commissioner Greenwald asked if this design is like the ones they developed in Forest
Lake. Mr. Olsen stated it is not and this plan is original to this development.
Commissioner Larsen asked where the proposed restaurant would be in respect to the
plan. Mr. Olsen stated it would remain in the same clubhouse and they are looking at
remodeling.
Commissioner Greenwald stated he liked the looks of the units. Mr. Vanelli stated when
they developed this, they did not look at the houses that were affected by this and they
would like to work with the people in the development.
Ms. Vicky Larsen, 14229 Quay Street NW, stated she had some comments and one
regarding property value. She stated they just refinanced their home and the appraiser
told them that they did not need the full appraised amount because if they would sell the
house, they would not have a problem because they have a lot on the golf course. She
stated she did not understand why the City would make so many waivers to the current
ordinances to allow this project. She stated that what she was told the maintenance
building would be moved and there would be a service road put in and she wanted to
know where it would go. Mr. Olsen stated it is proposed for the far west part of the
property. He stated they have a twenty-foot easement coming out of the fifth addition of
Regular Andover Planning and Zoning Commission Meeting
Minutes — October 8, 2002
Page 12
Woodland Development and they would propose to make a cart path for the workers to i
get to work because the maintenance building would be put in the far northwest comer of
the property.
Commissioner Gamache asked if this road was part of the proposal. Mr. Bednarz stated
it was not but it would force the utility building to move because that is where the
proposed structures are to go.
Commissioner Kirchoff asked if the road would be tied into any outside streets. Mr.
Olsen stated they would have to come off of 142 and it is already set up for that Ms.
Larsen stated that this land is not all swamp and wetland because her house is back there.
Ms. Larsen stated this is not a large golf course in that area and the proposed houses
would be close to the fairway and she did not know if there were any regulations
regarding this. She stated there is value in the fact that you live on the golf course and
she does not like the idea of a service road butting up to their property and she does not
like all the variances proposed for the development of the houses.
Commissioner Kirchoff stated this is a Planned Unit Development and with a Planned
Unit Development, there is some give and take and the City has some authority with a
PUD. Mr. Bednarz stated planned unit development is intended to get a better product
than if they used a straight zoning district. He stated the City does have the ability to .
require amenities or landscaping or different features through the PUD that they would
not have with a straight zoning district He stated the purpose of Planned Unit
Development is not to abuse the lot sizes to cram units in.
Mr. Jasper stated the access road, the cart path is where all the neighborhood storm drains
drain and his concerns are the golf course floods two to three times a year already and
there will be a road with additional traffic coming off of 142 Avenue.
Motion by Greenwald, seconded by Gamache, to close the public hearing at 8:34 p.m.
Motion carried on a 5 -ayes, 0 -nays, 2- absent (Daninger and Squires) vote.
Commissioner Gamache asked what is the area zoned. Mr. Bednarz stated the current
zoning is R-4. Commissioner Gamache asked if there is a variance needed for the service
road. Mr. Bednarz stated they would need to get a building permit to reconstruct the
building in a different area. He stated the City with a Commercial Site Plan review of the
project could put conditions or require screening.
Commissioner Kirchoff asked if the entire golf course zoned R-4. Mr. Bednarz stated
this is correct Commissioner Kirchoff stated in theory the entire golf course could be
residential and turned into a housing development Mr. Bednarz stated most of the golf
course is in the flood plain so most of it could not be built upon.
U
Regular Andover Planning and Zoning Commission Meeting
Minutes — October 8, 2002
Page 13
• Commissioner Greenwald stated he would never approve this based on the fact that road
is over seven hundred feet and also because it is affecting residents values on their
homes. He stated he would suggest they move the driveway east and he would
recommend the developer look at two things, a shorter cul-de -sac and if there was any
way to work with W. Bednarz so they could change the entrance and move it down a
hundred feet.
Commissioner Gamache stated as a golfer he hates the idea of having houses on a golf
course but they do have the right to develop their property and he sympathizes with the
residents.
Commissioner Kirchoff stated the precedent has been set with the longer cul-de -sacs
approved previously. Commissioner Greenwald stated that he did not think they ever
approved a longer cul-de -sac when it affected the surrounding properties so much. He
stated to approve a variance of that, knowing that they are affecting two citizens is tough.
Commissioner Kirchoff stated he would agree with Commissioner Gamache on this.
Commissioner Larsen asked as a citizen what would be their legal rights against the City.
Commissioner Gamache stated if the plan were approved down the road, is there any
legal recourse the citizens have against the City. Mr. Bednarz stated it would be a
question for the City Attorney.
• Commissioner Falk asked if they wanted to table this for more information. He stated he
wanted to recommend they remove one structure to get the lots back to what they should
be in an R-4 development. Commissioner Kirchoff stated that if they were going down to
ten units, there would not be a PUD.
Commissioner Greenwald asked if it increases the value to Andover by putting the homes
in. Commissioner Gamache stated that it would bring more taxes into the City.
Commissioner Kirchoff stated it could also bring in more revenue by having the
restaurant in the clubhouse and may be a plus to the neighborhood.
Commissioner Greenwald stated if it did not affect the residents around this, he would
not have a problem with approving this. Commissioner Larsen stated she agreed and
would like to have the development moved a little closer to the clubhouse.
Commissioner Gamache asked if by taking one home out of the plan, could they meet the
R-4 requirements. Mr. Bednarz stated they likely could with a variance to cul -de -sac
length. Commissioner Gamache asked if it would also take away the PUD on the
property. Mr. Bednarz stated there would be no reason to pursue PUD review if the
development were required to meet the R-4 standards. He stated that staff believes the lot
size is appropriate for this type of development and that although the developer has used
that reduced lot size to shoehorn in another unit, one unit could be removed and the space
• gained could be used to create a better development
Regular Andover Planning and Zoning Commission Meeting
Minutes —October 8, 2002
Page 14
Commissioner Kirchoff asked how long the golf course has been there. It was noted the
course has been there fourteen years.
Motion by Gamache, seconded by Falk, to recommend to the City Council approval of
Resolution No. , approving the Residential Sketch Plan for a single family
development to be known as Woodland Creek Golf Course Villas located at 3200 South
Coon Creek Drive and to remove a house from sketch plan and have the developer make
the lots conform under the R-4 zoning district. Motion failed with 2 -ayes ( Gamache,
Falk), 3 -nays (Greenwald, Larsen, Kirchoft), 2- absent (Daninger and Squires) vote.
Commissioner Kirchoff stated that by eliminating a lot, they could still be under the
PUD. Commissioner Gamache stated he would like the developer to make the lots eighty
feet wide and the only variance needed would be for the longer cul-de -sac.
Mr. Thielen stated he is sitting in a house that cannot be sold and if the development
happens, he may as well burn it down because he will be economically bankrupt if this
goes through. Commissioner Falk asked Mr. Thielen to sit down.
Commissioner Gamache stated what his informal advisement would be is to see if there is
anything that can be done to make this work without affecting the two residents.
Commissioner Larsen agreed.
Mr. Bednarz stated that this item would be before the Council at the November 6, 2002 •
City Council meeting.
DISCUSSION: METROPOLITAN COUNCIL'S "DRAFT" 2030 BLUEPRINT.
Mr. Bednarz stated the Metropolitan Council has prepared a "Draft" 2030 Blueprint for
growth and development for the Twin Cities. The document has major policy areas that
are being revised including:
• Allocation of Forecasted Growth
• MUSA Policy
• Rural Growth Policies
• Housing
• Natural Resource Protection
• hnplementationsBenchmarks
Mr. Bednarz discussed the policy areas that were summarized in the Association of
Metropolitan Municipalities (AMM) summary.
OTHER BUSINESS •
Regular Andover Planning and Zoning Commission Meeting
Minutes — October 8, 2002
Page 15
• There was no other business.
ADJOURNMENT.
Motion by Greenwald, seconded by Gamache, to adjoum the meeting at 9:15 p.m.
Motion carried on a 5 -ayes, 0 -nays, 2- absent (Daninger and Squires) vote.
Respectfully Submitted,
Sue Osbeck, Recording Secretary
Timesaver Q ff Site Secretarial, Inc.
0
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r
• CITY OF ANDOVER
1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100
FAX (763) 755 -8923 • WWW.CLANDOVER.MN.US
TO: Planning and Zoning Commission Members
FROM: D. Tyler Mckay, Associate Planner P /" r
SUBJECT: PUBLIC HEARING: Comprehensive Plan Amendment (02 -04) to change the
land use designation from Urban Residential Low Density (URL) to Limited
Commercial (LC) for property located at 13730 Crosstown Drive NW.
DATE: November 12, 2002
INTRODUCTION
The Comprehensive Land Use Plan of the City of Andover was adopted in December of 2001. As
required by State Statute, any proposed changes to the Land Use Plan shall be reviewed at a public
hearing and approved by the local elected officials. The proposed change is considered a minor
amendment of the Comprehensive Plan due to the size being less than 40 acres. The applicant has
requested a change in land use from Urban Residential Low Density (URL) to Limited Commercial (LC).
DISCUSSION ,
The area that is proposed to be changed from Urban Residential Low Density (URL) to Limited
Commercial (LC) is approximately 1.48 Acres in size (see attached map). There are already a number
of businesses located adjoining and nearby along Crosstown Drive in similar Business zones. Just off
of Bunker Lake Boulevard, and directly on Crosstown Drive, this is a location along major roads
which, would accommodate the amount of increased traffic and the parking demands. These issues
will be addressed during the commercial site plan process. This will not have a negative impact on
the property values or scenic views of the surrounding area.
ACTION REQUESTED
Staff requests the Planning Commission discuss and approve the suggested changes to the
Comprehensive Land Use Plan to change the land use from Urban Residential Low Density (URL) to
Limited Commercial (LC) for the 1.48 acre area located 13730 Crosstown Drive on the attached map.
The basis of the change is explained in the paragraph above and also appears in the proposed
resolution approving the change.
Reryer ly submitted,
L
D. ckay
K
Attachments
• Proposed Resolution
e
CITY OF ANDOVER
COUNTY OF ANOKA
• STATE OF MINNESOTA
RESOLUTION NO. R-
AMENDING THE COMPREHENSIVE LAND USE PLAN OF THE CITY OF ANDOVER, TO
CHANGE THE LAND USE DESIGNATION OF LAND FROM LOW DENSITY
RESIDENTIAL (URL) TO LIMITED COMMERCIAL (LC) FOR PROPERTY LOCATED AT
13730 CROSSTOWN DRIVE, LEGALLY DESCRIBED AS:
That part of the Southwest '' /< of the Northeast '' /n of Section 33, Township 32, Range 24, Anoka County,
Minnesota described as follows: Commencing at the East '/< corner of said Section 33, thence South 88
degrees, 56 minutes, 30 seconds East along the South line of the Northeast '/a of said Section 33 a
distance of 1808.12 feet to the intersection of centerline of County State Aid Highway No. 18, thence
North 2 degrees, 36 minutes, 30 seconds. East along said centerline a distance of 130.18 feet; thence
Northeasterly on said centerline and on a tangential curve, concave to the Southeast having a radius of
583.95 feet for a distance of 18.25 feet to the actual point of beginning of the tract of land to be hereby
described, thence continuing Northeasterly on said centerline and curve a distance of 256.57 feet; thence
North 29 degrees,.34 minutes, 25 seconds East along said centerline and tangent to said curve a distance
of 7.31 feet; thence North 63 degrees, 38 minutes, 40 seconds West a distance of 281.14 feet; thence
South 29 degrees 16 minutes 50 seconds West a distance of 257.18 feet; thence South 63 degrees 22
minutes, 30 seconds East a distance of 335.29 feet to the actual point of beginning.
WHEREAS, the Planning Commission has reviewed the land use designation of the parcels
described above and recommend that the land use plan be amended to change the designation of
the land from Low Density Residential (URL) to Limited Commercial (LC); and
WHEREAS, the basis for the change in land use is that the nature of the area is conducive to
office development; and
WHEREAS, the development of office land use also serves as a buffer area of low density
residential located to the west and north from Crosstown Drive.
WHEREAS, the City Council has reviewed the recommendation of the Planning Commission.
NOW THEREFORE BE IT RESOLVED, THAT THE LAND USE DESIGNATION OF THE
AREA DESCRIBED ABOVE BE CHANGED FROM LOW DENSITY RESIDENTIAL (URL)
TO LIMITED COMMERCIAL (LC).
Adopted by the City Council of the City of Andover this day of , 2002.
CITY OF ANDOVER
Attest:
•
Michael R. Gamache — Mayor
Victoria Volk — City Clerk
FROM:
CITY OF ANDOVER
1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100
FAX (763) 755 -8923 • WWW.CI.ANDOVERMN.US
Planning and Zoning Commissioners
D. Tyler Mckay, Associate Planner 0 1 ?]
SUBJECT: PUBLIC HEARING: Rezoning (02 -04) to rezone property located at 13730
Crosstown Drive NW from Single Family Urban Residential (R -4) to Limited
Business (LB).
DATE: November 12, 2002
INTRODUCTION
The applicant is requesting that the property be rezoned from Single Family Urban Residential
(R -4) to Limited Business (LB) to allow a new professional office building adjacent to the Molly
professional building. This external materials change would allow a proposal to incorporate the
two buildings into one site with integrated parking. The color, style, and stone of both buildings
would be similar.
• DISCUSSION
As with all rezonings, one of the two following findings must be made to justify the rezoning:
1. The original zoning/land use was in error.
2. The character of the area or times and conditions have changed to such an extent to
warrant the Rezoning/Comprehensive Plan Amendment.
In this case the character of the area has changed through the installation of municipal utilities,
increased traffic along Bunker and Crosstown and resulting commercial development near the
intersection.
Other elements to be taken into consideration are:
1) The effect of the proposed use upon the health, safety, morals and general welfare of
occupants of surrounding lands.
2) Existing and anticipated traffic conditions including parking facilities on adjacent
streets and lands.
3) The effect on values of property and scenic views in the surrounding area.
4) The effect of the proposed use on the Comprehensive Plan.
There are already a number of businesses located nearby in similar Limited Business zones.
Since the subject property is located just off of Bunker Lake Boulevard, and directly at
Crosstown Drive, this is a location along major roads which, would accommodate the amount of
increased traffic and the parking demands. These issues will be addressed during the commercial
site plan process. This will not have a negative impact on the property values or scenic views of
• the surrounding area. The rezoning must be contingent upon a change to the Comprehensive
Plan from URL to Limited Commercial.
Attachments
Resolution
Location Map
Property Survey
Public Notice
ACTION REQUIRED
The Planning Commission is asked to recommend approval of the rezoning request.
Respectfully submitted,
Ty , r Mckay
Cc: Dettinger/Pinewski 1902 5'' Ave So Suite # 4 Anoka.
0
0
CITY OF ANDOVER
• COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO.8
AN ORDINANCE AMENDING ORDINANCE NO. 8, SECTION 6.03, ZONING DISTRICT
MAP OF THE CITY OF ANDOVER.
THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS:
Ordinance 8, Section 6.03, The Zoning District Map of the City of Andover is hereby amended as
follows on land legally described as (PIN 33- 32- 24 -13- 0005):
That part of the Southwest's /4 of the Northeast' /4 of Section 33, Township 32, Range 24, Anoka
County, Minnesota described as follows: Commencing at the East 'I /4 comer of said Section 33,
thence South 88 degrees, 56 minutes, 30 seconds East along the South line of the Northeast `/4 of
said Section 33 a distance of 1808.12 feet to the intersection of centerline of County State Aid
Highway No. 18, thence North 2 degrees, 36 minutes, 30 seconds East along said centerline a
distance of 130.18 feet; thence Northeasterly on said centerline and on a tangential curve,
concave to the Southeast having a radius of 583.95 feet for a distance of 18.25 feet to the actual
point of beginning of the tract of land to be hereby described, thence continuing Northeasterly on
• said centerline and curve a distance of 256.57 feet; thence North 29 degrees, 34 minutes, 25
seconds East along said centerline and tangent to said curve a distance of 7.31 feet; thence North
63 degrees, 38 minutes, 40 seconds West a distance of 281.14 feet; thence South 29 degrees 16
minutes 50 seconds West a distance of 257.18 feet; thence South 63 degrees 22 minutes, 30
seconds East a distance of 335.29 feet to the actual point of beginning.
1) Rezone land from Single Family Urban Residential (R-4) to Limited Business (LB)
2) All other sections of the Zoning Ordinance shall remain as written and adopted by the
City Council of the City of Andover.
Adopted by the City Council of the City of Andover on this _ day of 2002.
CITY OF ANDOVER
ATTEST: Michael R. Gamache, Mayor
Victoria Volk, City Clerk
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Andover Planning
Rezoning
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to Limited Business (LB)
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CITY of ANDOVER
1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923
NOTICE OF PUBLIC HEARING
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
The Planning and Zoning Commission of the City of Andover will hold a public hearing
at 7:00 p.m., or as soon thereafter as can be heard, on Tuesday, November 12, 2002 at
Andover City Hall, 1685 Crosstown Blvd NW, Andover, to review a Rezoning request to
change'the zoning designation from Single Family Urban Residential (R-4) to Limited
Business (LB) for Pinewski Builders for property located at 13730 Crosstown
NW, described as:
In the southwest quarter of the southeast quarter of Section 33, Township 32 Range 24,
Anoka County, Minnesota
All written and verbal comments will be received at that time and location. A copy of the
proposed application will be available for review prior to the meeting at City Hall. Please
con Co a ednar.gr City Planner with any questions at (763) 767 -5147.
urine riy PI
Publication Dates: November 1, 2002
CURRENT RESIDENT
13725 CROSSTOWN DR
A,NpOVER, MN 55304
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CURRENT RESIDENT
13769 NORTHWOOD DR
ANDOVER, MN 55304
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ANDOVER, MN 55304
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ANDOVER, MN 55304
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ANDOVER, MN 55304 ANDOVER, MN 55304
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ANDOVER, MN 55304 ANDOVER, MN 55304
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ANDOVER, MN 55304
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ANDOVER, MN 55304
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ANDOVER, MN 55304
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ANDOVER, MN 55304
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ANDOVER, MN 55304
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ANDOVER, MN 55304
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ANDOVER, MN 55304
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ANDOVER, MN 55304
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CURRENT RESIDENT
2646138TH AVE
ANDOVER, MN 55304
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CURRENT RESIDENT.
2725 137TH IN
ANDOVER, MN 55304
333224130055
0
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 Plann
SUBJECT; Variance (02 -11) Variance to Ordinance 8, Section 6.02 to vary from the side
yard building setback for addition to existing house at 2860 135` Avenue NW.
DATE: November 12, 2002
INTRODUCTION
The applicant is requesting a variance to reduce the side yard setback for a proposed addition to
the existing house.
DISCUSSION
The applicant intends to finish the existing garage to add additional finished square footage to the
existing house. A new garage with living space above would be added to the east side of the
is existing garage. The addition would extend to 8.5 feet from the side property line.
The side yard setback for the new garage would exceed the six foot setback requirement. The
living space above the garage would be 1.5 feet below the 10 foot side yard setback for houses.
Applicable Ordinances
Ordinance 8 Section 5.04 requires findings to substantiate variance requests. State Statute
provides review criteria that are used to determine the merit of variance cases. In all cases the
applicant must demonstrate undue hardship. The considerations for undue hardship include:
There are circumstances unique to the property that were not created by the landowner.
Unique conditions may include the physical characteristics, including topography or
water conditions that may exist on the property.
2. The property, if the variance is granted, will not be out of character with other properties
in the same neighborhood.
3. The applicant has exhausted all reasonable possibilities for using his/her property or
combining a substandard lot due to size, shape or lot line dimensions, with an adjacent
vacant lot.
4. Economic considerations may not constitute an undue hardship if reasonable use of the
• property exists with application of the minimum standards of this chapter.
Findings
. The applicant has provided a letter (attached) to provide findings to substantiate the variance.
The applicant has also indicated the following:
1. The east wall of the existing garage will provide structural support for the renovation of
the existing garage as well as the addition. It would be a hardship to the applicant to
remove and relocate the existing structural wall to provide an additional 1.5 foot setback.
2. The property line is angled slightly away from the structure allowing the setback to
increase to 9.5 feet at the rear of the proposed structure.
3. A fence exists between the proposed addition and the adjacent property.
4. The neighboring property owner to the east is in favor of the proposed project.
5. The garage is on the west side of the property on the neighboring property to the east.
6. The applicant is seeking to improve and modernize the existing house as other neighbors
on the block are beginning to do and would like to remain in this neighborhood.
7. The existing house does not provide adequate living space for his growing family.
Previous Cases
is Staff researched previous variance applications and found that a number of variances to the side
yard setback have been granted in the past. Typically these variances have been for decks, house
additions or detached accessory buildings adjacent to streets on corner lots. Four variances have
been granted for garage or house additions from interior property lines. The most recent of these
cases was in 2001 for a garage addition that encroached 0.5 feet into the side yard setback at
3924 139"' Lane NW.
Staff Recommendation
Staff recommends that the variance be approved based on the case history and the findings
provided by the applicant.
ACTION REQUIRED
The Planning Commission is asked to recommend approval or denial of the variance.
Attachments
Resolution
Location Map
Property Survey
Front Elevation as Proposed
Applicant's Letter
4a: d,
e Jon Olson 2860 r5 NW
CITY OF ANDOVER
. COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
A RESOLUTION APPROVING THE VARIANCE REQUEST FOR JON OLSON TO
REDUCE THE SIDE YARD SETBACK FROM 10 FEET TO 8.5 FEET FOR A PROPOSED
ADDITION TO EXISTING HOUSE ON PROPERTY LOCATED AT 2860 135 AVENUE
NW
WHEREAS, John Olson has petitioned to vary from the rear yard setback requirement as
described in Ordinance 8, Section 6.02 for property located at 2860 135 Avenue NW legally
described as follows:
Lot 5, Block 1 Mattson and Degardner's Crooked Lake Addition, Anoka County, Minnesota
WHEREAS, the City Council finds that the proposed addition will not have a detrimental effect
on neighboring properties due to the minimal encroachment into the side yard setback, the
location of a fence between the proposed addition and the property to the east, and the fact that
the living space between the two properties will be separated by a garage, and;
WHEREAS, the east wall of the existing garage will provide structural support for the renovation
of the existing garage as well as the addition and a hardship would be created if the applicant
were required to remove and relocate the existing structural wall to provide an additional 1.5 foot
setback, and;
WHEREAS, The property line is angled slightly away from the structure allowing the setback to
increase to 9.5 feet at the rear of the proposed structure, and;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover
approves the proposed variance request to allow a side yard setback of 8.5 feet for a proposed
addition to existing house at 2860 135 Lane NW.
Adopted by the City Council of the City of Andover on this day of 2002.
CITY OF ANDOVER
ATTEST:
Michael R. Gamache, Mayor
Victoria Volk, City Clerk
0
Variance to Building Setbacks
2860 135th Avenue NW
•
Project Location Map wE
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Andover Planning
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10731 Mississippi Blvd. N.W.
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Coon Rapids, MN 55433 Phone MIll
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2960 135' Ave. NW
Andover, MN 55304
763- 755 -3883
C
1695 Cross Town Blvd. NW
Andover, MN 55304
To Whom It May Concern:
My family has lived in Andover at 2860 135' Ave. NW for the past ten years,
and we love living here. We enjoy the city, have good and established relationships
with our neighbors, and have no desire to move to another area. With the desire to
stay 'at our current location, we are in need of a variance to the side yard of our
property, in order to construct a quality addition.
With a family of three growing daughters, we have become very limited in our
spat . TT, house is a split -level and cramped. We would like to rectify this
pobltn by converting our current garage into living space, build a new garage next
to the old, and add living space above. We have been working with a home designer
to ensure a quality and pleasing home will be the finished product. We feel it would
compliment the neighborhood, while solving our concerns with our limited living
The addition we are proposing would require a variance on the distance to the
property line on the side yard. The new garage would be within compliance with the
property line guidelines, but the living space above is closer than allowed (by 1 1 /2
feet at the closest point). Our neighbor does have a wooden privacy fence, which
separates the yards. in designing the house, we have tried various combinations to
meet our needs, but find this final design the best. There is more room on the side of
the home to build, than depth to the lot.
We feel that attempting to alter the design of the addition would negatively
change the aesthetics of the structure, become cost prohibitive, and cause restrictions
to the wisest use of space available. Therefore, our desire and need for a variance.
Sincerely,
Jon and
el Olsoo `
6
16( z)
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 Planner
SUBJECT: PUBLIC HEARING: Residential Sketch Plan for a townhouse project to be
located at 14220 Crosstown Boulevard NW.
DATE: November 12, 2002
INTRODUCTION
The Planning Commission is asked to review a sketch plan for a residential development
containing 24 townhouses on an approximately 4 acre property. The proposed development
would require planned unit development review to provide alternative development standards as
described below.
Review Criteria
Ordinance 10, Section 6 outlines the requirements for sketch plan review. The Planning
Commission is asked to informally advise the subdivider of the extent to which the plan
conforms to the Comprehensive Plan, design standards of city, county, state and federal agencies
and possible modification necessary to secure approval of the plan. Submission of a sketch plan
does not constitute formal filing of a plat.
Conformance with Local and Regional Plans and Ordinances
1. The proposed project would require a Comprehensive Plan Amendment from URL,
Urban Residential Low Density to URM, Urban Residential Medium Density to
accommodate the proposed density for the project (6 units per acre).
2. If the Planning Commission and City Council agree with the proposed density and
accompanying Comprehensive Plan Amendment, the proposed project would also require
a Rezoning from R -4, Single Family Urban Residential to M -1, Multiple Dwelling Low
Density to align the zoning designation with the proposal.
The City Council must also agree to allow Planned Unit Development Review to create
development standards that are different from the M -1 Zoning District. This is
accomplished with a Special Use Permit.
Neighborhood Business Study
The subject property was included in a study of undeveloped properties conducted by Northwest
Associated Consultant. The consultants recommendations for the site were as follows:
"The area surrounding Site C -1 has developed with an urban single family character. The
. introduction of a commercial use on this site could be incompatible within this area due to its
existing character and lack of physical features to create a transition. As noted in previous
sections, the Comprehensive Plan discourages commercial development away from concentrated
nodes or major intersections to avoid intruding into residential areas.
It is recommended that the Future Land Use Plan be amended to designate Site C -1 for Urban
Residential Low Density Uses and that the current R -4 District zoning be maintained.
Alternatively, the City may consider designating the site for Urban Residential Medium Density
Use to ensure full utilization of the site, provided that the site design provides proper orientation
and transition to the adjacent single family residences. Overall density should be near the lower
end of range prescribed by the Comprehensive Plan for medium density uses and developed
under the City's M -1 Multiple Dwelling Low Density Zoning District to ensure compatibility".
The City Council subsequently approved a Comprehensive Plan Amendment to change the Land
Use Designation from Neighborhood Commercial (NC) to Urban Residential Low Density
(URL)•
Unit Style
The proposed project would consist of 12 twinhouse structures. The structures would be either
two story or split entry depending upon the water table. A list of amenities is included in the
attachments. The exterior would be a combination of brick and maintenance free siding.
Site Designs
• This project has been discussed for nearly two years. Adjustments were made based on
the two neighborhood meetings and input from the City Council. The principle concerns
addressed were:
1. No through street that would connect 141 Lane and 142 Avenue.
2. Closing of the unimproved access onto Crosstown Boulevard
3. All of the driveways face the interior of the development
4. There is only one access point to control traffic onto 142 Avenue.
5. The number of units has been reduced
6. The unit style has been improved to increase the sale price of the units to make the project
feasible.
• A previous design is included in the attachments for review. This site layout prevents
backyards from facing Crosstown Boulevard, which is desirable, but results in three of
the twinhouses (six units) with driveways onto 141 Lane. Also, the turnaround may
need to be modified to improve emergency vehicle access.
• If the site was developed under an R -4, Single Family Urban Residential neighborhood
and without planned unit development review, the site would likely yield seven lots
arranged around a cul -de -sac with backyards facing Crosstown Boulevard.
•
2
Access (currentproposal)
Access would be provided from 142 " Avenue with a private driveway. A cul -de -sac with a
landscaped median would be provided at the end. The private driveway would extend
approximately 440 feet into the site. This driveway would be maintained by the homeowners
association. A drainage and utility easement would need to be provided to allow access to the
public utilities that will service the proposed development.
Lot Size (current proposal)
The proposed lots would be just large enough to encompass the foundation of each unit. The
remainder of the property would be common property owned and maintained by the homeowners
association. Planned Unit Development review would be necessary to allow lots that are smaller
than the typical M -1 requirements.
Neighboring Properties
Single family homes exist to the north, east, south and across Crosstown Boulevard to the west.
• six foot berm presently exists between the subject property and adjacent properties to the east.
• combination of berming and landscaping would be needed to buffer the proposed development
from surrounding properties and streets.
Planned Unit Development Review
Ordinance 112 provides the requirements for Planned Unit Development review. This ordinance
requires proposals to meet the following criteria:
1. Attaining a higher standard of site design and development that cannot be
accomplished under strict adherence to development ordinance provisions.
2. The preservation and enhancement of desirable site characteristics such as natural
topography, woodlands, geologic features and the prevention of soil erosion;
3. A more efficient use of land resulting in smaller networks of utilities and
streets thereby lowering the development costs and public investments;
4. A development pattern in harmony with the Andover Comprehensive Plan. (PUD is
not a means to vary applicable planning and zoning principles.)
Staff Recommendation
The City Council will need to determine if they will accept a medium density development on
rthe subject property. The proposed design results in a number of backyards facing public
streets. Although the common open space would prevent the units from being double frontage
lots, the effect is the same. Staff would not recommend this design unless a significant amount
of berming and landscaping is provided to shield the backyards from surrounding public streets.
•
. Other Ordinances
The developer is also required to meet the following City Ordinances and all other applicable
ordinances:
Ordinance No. 8, the Zoning Ordinance
Ordinance No. 10, the Platting and Subdivision Ordinance
Ordinance No. 107, Shoreland Management Ordinance
Ordinance No. 108, Flood Plain Management Ordinance
Ordinance No. 114, Wetland Buffer Ordinance
Ordinance No. 214, Diseased Shade Tree Ord. & Tree Preservation Policy
Coordination with other Agencies
The developer and/or owner is responsible to obtain all necessary permits (Minnesota
Department of Natural Resources, U.S. Army Corp of Engineers, Coon Creek Watershed
District, Minnesota Pollution Control Agency, LGU and any other agency that may have an
interest in the site). Initial contact shall be made with the City Engineering Department regarding
this item.
Park and Recreation Commission Comments
The Park and Recreation Commission will review this item at their November 21" meeting.
ACTION REQUIRED
The Planning and Zoning Commission is asked to informally advise the applicant on adjustments
to the proposed project to conform with local ordinances and review criteria.
Attachments
Location Map
Sketch Plan (Full Size in Packet)
Previous Sketch Plan
Townhouse Amenities
E :.V I W O
Cc: Dave Harris, Creekside Homes, 241 Jackson Street, Anoka, MN 55303
�J
Residential Sketch Plan
14220 Crosstown Boulevard NW
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141ST LANE NW
Nov 07 02 11:54a Randi Erickson 763- 427 -1424 p.2
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KENSINGTON ESTATES TOWNHOMES
FEATURES LIST
MAINTENANCE FREE EXTERIOR
REFRIGERATOR, RANGE, MICROWAVE, DISHWASHER & DISPOSAL
WASHER & DRYER
WHIRLPOOL TUB
STAND ALONE LARGE SHOWER
FULL BASEMENT WITH LOOK -OUT WINDOWS ?
LARGE ATT. GARAGE WTfH PTL INSUL & FULL SHEETROCKED WALLS
CAT - 5 WIRED COMPUTER RESOURCE DESK BUILT IN
VETTER CASEMENT WINDOWS
TIMBERLINE 30 YEAR SHINGLES
GARAGE DOOR OPENER WITH 2 REMOTES
DELUXE CABINETRY BY MAJESTIC WOODWORKING)*
UPGRADED CARPET BY ABBEY CARPET*
THIRD BATH - ROUGHED -IN FOR A 3 /4 BATH
LARGE 10 X 12 DECK
WIDE BLACKTOP DRIVE
• PROFESSIONALLY LANDSCAPED WITH UNDERGROUND SPRINKLERS
HALF BRICK FRONTS
SITTING /STORAGE BENCH IN ENTRY
CITY SEWERIWATER
LENNOX* 2 TON CENTRAL AIR AND ENERGY EFFICENT FURNACE
SECURITY LOCK MAILBOXES
$130.00 MONTHLY ASSOCIATION FEES INCLUDES:
HAZARD INSURANCE, LAWN MAINTENANCE, SNOW REMOVAL,
SECURITY LIGHTS, AND UNDERGROUND SPRINKLING SYSTEM
1 SMALL DOG OR CAT OK UNDER 20 LBS.
CREEKSIDE HOMES, LLC, 241 JACKSON ST., ANOKA MN 55303 763 - 427 -4878
11
NOV 07 2002 11:57 763 427 1424 PRGE.02
i
Nov
KENSINGTON ESTATES TOWNHOMES
Standard Features
•
Interior
100 Amp Service
Casement Windows
Central Air Conditioning
Decorator Lighting
Double Bowl Stainless Steel Kitchen Sink
Large Vanity in Master Bath
Full Basement ?
Gas Fireplace with Oak Mantel
Garage Door Opener w/Remote
Garbage Disposal
GE Washer/Dryer
GE Glass Top Electric Self Cleaning Range
GE 18 cu. Ft. No -Frost Refrigerator
GE Dishwasher
GE Microwave Oven
Keyless Entry System
Oak Custom Kitchen Cabinetry
Oak Custom Kitchen Desk
Oak Custom Roll — Out Shelving Pantry
Oak Flush Doors
Oak Railings
Oak Trim
Sheet Rocked Garage / Side walls Insulated
Up- Graded Berber Carpet
Vinyl Flooring in Kitchen/Entry & Bathrooms
Whirpool Tub in Master Bath
Exterior
2x6 Exterior Wall Construction
10x12 Deck/Patio
%z Brick Garage Front
Asphalt Driveway
Common Area Lighting
Exterior Water Faucets
Insulated Steel Entrance Door
Low Maintenance Steel Garage Door
Maintenance Free Exterior
Oversized Two -Car Attached Garage
Private Streets
Professionally Designed Common Area
Professionally Designed Landscaping
Underground Sprinklers
Underground Utilities
Weather - Proof Electrical Outlets
Energy Features
40 -Gallon Hot Water Heater
Energy Efficient Windows
Energy Efficient Sliding Glass Doors
R -19 Fiberglass/Exterior Walls
R -40 Fiberglass/Ceilings
White Vinyl Clad Window Jambs
Floor plans, prices, standard and optional features are subject to change without notice.
•
Creekside Homes, LLC, 241 Jackson St., Anoka MN 55303
NOV 07 2002 11:57
763 - 427 -4878
763 427 1424 PAGE.03
i1e]
TO
FROM:
CITY OF ANDOVER
1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100
FAX (763) 755 -8923 • WWW.CLANDOVER.MN.US
Planning and Zoning Commissioners
Courtney Bednarz, City Plannew
SUBJECT: PUBLIC HEARING: Residential Sketch Plan for a detached townhouse project
to be known as "City View Farm" located at 13313 Round Lake Boulevard NW.
DATE: November 12, 2002
INTRODUCTION
The Planning Commission is asked to review a sketch plan for `City View Farm', an urban
residential development containing seven single family lots on an existing 1.34 acre property.
The proposed development would require planned unit development review to provide
alternative development standards as described below.
Review Criteria
Ordinance lb, Section 6 outlines the requirements for sketch plan review. The Planning
Commission is asked to informally advise the subdivider of the extent to which the plan
conforms to the Comprehensive Plan, design standards of city, county, state and federal agencies
and possible modification necessary to secure approval of the plan. Submission of a sketch plan
does not constitute formal filing of a plat.
Conformance with Local and Regional Plans and Ordinances
1. The proposed project would require a Comprehensive Plan Amendment from URL,
Urban Residential Low Density to URM, Urban Residential Medium Density to
accommodate the proposed density for the project (5.22 units per acre).
If the Planning Commission and City Council agree with the proposed density and
accompanying Comprehensive Plan Amendment, the proposed project would also require
a Rezoning from R -4 Single Family Urban Residential to M -1 Multiple Dwelling Low
Density to align the zoning designation with the proposal.
The City Council must agree to allow Planned Unit Development Review to create
development standards that are different from the M -1 Zoning District. This is
accomplished with a Special Use Permit.
0
t
Unit Style
The proposed project would consist of seven two -story houses oriented to face Round Lake •
Boulevard. A porch would be provided on the front and rear of the structure to provide both
public and more private spaces. Garages would be detached and located to the rear of the
properties. The interior of the units would be completely finished and the exterior of the unit
would provide a high level of detail and quality materials. The applicant will describe the units
in more detail.
Access
The proposed development would be served with a private driveway. Individual driveways
would provide additional parking beyond the two stalls within each garage. A turnaround is
shown on the sketch plan. This type of turnaround would be similar to the emergency entrance at
the end of the Nature's Run cul -de -sac in that a base material is installed to support the weight of
emergency vehicles and grass is allowed t grow over it. The Fire Department policy for
turnarounds is attached. The proposal is similar to the first alternative to the 120 foot
hammerhead design but will need to be modified somewhat. No parking in the turnaround area
would need to be required. Alternatively, there may be an opportunity to work with the City of
Coon Rapids to improve emergency access for both this project and a Coon Rapids townhouse
project to the south. The fire departments from the two cities will need to review the situation to
determine the best course of action.
Lot Size
The proposed lots would be 6,204 square feet which exceeds the 6,000 square foot minimum lot •
size requirement for the M -1 Multiple Dwelling Low Density Zoning District. The Lot Depth
would be 141 feet which is slightly below the minimum 150 foot minimum lot width requirement
of the M -1 Zoning District. The Lot Width of the properties would be 44 feet. This would be
significantly below the 150 foot minimum lot width requirement of the M -1 Zoning District.
Planned Unit Development review would be necessary to provide alternative development
standards.
It is important to note that the 150 foot lot width and depth requirements of the M -1 Zoning
District were created to address multiple dwellings on a single property. If individual properties
were not created for the units, the proposal would meet these requirements.
For comparison, the following table illustrates the typical lot dimensions of townhouse
developments in the City:
Townhouse
Projects
City
View
Farm
Nature'
s Run
Red Pine
Fields
Shawdow-
brook
Sunridge
TH of
Woodland
Creek
Devonshire
Estates
Aztec
Estates
Avg Lot Area
6,204 sf
3,550 sf
2,550 sf
6,000 sf
9,856 sf
3,850
4,938
2,867
Avg Lot Width
1 44 feet
147 feet
1 41 feet
1 57 feet
1 63 feet
70 feet
33.5 feet
47 feet
Avg Lot Depth
141 feet
75 feet
62 feet
110 feet
140 feet
70 feet
64 feet
52 feet
•
Fa
Neighboring Properties
. The site is located at the southwest corner of the City. To the north and east exist single family
homes in the City of Andover. To the west and south exist townhouse developments in the City
of Coon Rapids.
Buffering the proposed development from the three single family lots that share a property line
with the site is obviously important. The applicant has indicated that he will provide whatever
type of screening the neighbors feel is necessary.
Planned Unit Development Review
Ordinance 112 provides the requirements for Planned Unit Development review. This ordinance
requires proposals to meet the following criteria:
1. Attaining a higher standard of site design and development that cannot be
accomplished under strict adherence to development ordinance provisions.
2. The preservation and enhancement of desirable site characteristics such as natural
topography, woodlands, geologic features and the prevention of soil erosion;
A more efficient use of land resulting in smaller networks of utilities and
streets thereby lowering the development costs and public investments;
4. A development pattern in harmony with the Andover Comprehensive Plan. (PUD is
. not a means to vary applicable planning and zoning principles.)
Staff Recommendation
Due to the fact that access can only be provided from 133` Lane NW, the development potential
of the property is limited. If the property were developed under the R -4 Zoning District
standards and with a typical public street the result would be three single family lots. These lots
would likely be double frontage lots with backyards facing Round Lake Boulevard. This is not
desirable as the view entering Andover would be of fences or possibly cluttered backyards or,
even worse, a combination of the two. If the street were designed as a frontage road to allow the
three houses to face Round Lake Boulevard, the access at 133` Lane would need to be
dangerously close to Round Lake Boulevard. In either scenario, the project would make poor use
of the land, would hold down the value of the land, and may be cost prohibitive as a result.
The proposed project is a better alternative. With attention to detail during Planned Unit
Development Review, the project can become an attractive addition at this entrance to the City
Other Ordinances
The developer is also required to meet the following City Ordinances and all other applicable
ordinances:
Ordinance No. 8, the Zoning Ordinance
Ordinance No. 10, the Platting and Subdivision Ordinance
Ordinance No. 107, Shoreland Management Ordinance
• Ordinance No. 108, Flood Plain Management Ordinance
Ordinance No. 114, Wetland Buffer Ordinance
Ordinance No. 214, Diseased Shade Tree Ord. & Tree Preservation Policy
Coordination with other Agencies •
The developer and/or owner is responsible to obtain all necessary permits (Minnesota
Department of Natural Resources, U.S. Army Corp of Engineers, Coon Creek Watershed
District, Minnesota Pollution Control Agency, LGU and any other agency that may have an
interest in the site). Initial contact shall be made with the City Engineering Department regarding
this item.
Park and Recreation Commission Comments
The Park and Recreation Commission will review this item at an upcoming meeting.
ACTION REQUIRED
The Planning and Zoning Commission is asked to informally advise the applicant on adjustments
to the proposed project to conform with local ordinances and review criteria.
Attachments
Location Map
Sketch Plan (11x17 in Packet)
Building Elevations (11x17 in Packet)
Floor Plan (11x17 in Packet)
Fire Department Turnaround Policy
Kill I
BO N N /
Cc: Mike Bann, 13313 Round Lake Boulevard
•
•
Residential Sketch Plan
13313 Round Lake Boulevard NW
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ANDOVER FIRE DEPARTMENT POLICY
FIRE DEPARTMENT REQUIREMENTS FOR APPROVED TURNAROUNDS
ON FIRE DEPARTMENT ACCESS ROADS
AS REQUIRED BY MIN n g ORM FIRE CODES
Any of the following are acceptable turnaround alternatives:
ACCEPTABLE
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•
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: D. Tyler Mckay, Associate Planner
SUBJECT: PUBLIC HEARING: Discuss amendment to Ordinance #109 to regulate dirt
bikes and ATV's in the City of Andover.
DATE: November 12, 2002
INTRODUCTION
A number of Andover residents have requested changes to Ordinance 4109 (Regulating All
Terrain Vehicles and Snowmobiles) be amended to also regulate the use of dirt bikes and to
increase the regulation of ATV's in the City of Andover. There have also been other complaints
by Andover residents about the noise, dust and fumes associated with the racing of dirt bikes,
ATV's and other vehicles on and off tracks on residential lots. The City Council directed this to
. be discussed by the Planning Commission and requested for more information in regard to the
Ham Lake ordinance, the ATV Taskforce and a confirmation of the number of complaints filed
to the Sheriffs office.
DISCUSSION
Sherburne County Ordinance
Sherburne County had a history of problems with racetracks on private lots. These tracks raced
dirt bikes, ATV's as well as cars and other vehicles. To respond to citizen complaints, the
County made these tracks a conditional use requiring a permit. The residents who owned or used
the racetracks then complained that the County was being too restrictive. The County then made
the tracks a permitted use with certain conditions. The purpose of this was to take the
enforcement of this ordinance out of zoning department and into the Sheriffs department due to
their stronger enforcement abilities.
Ham Lake Noise Ordinance
Ham Lake City Code Article 4 — Nuisances and Offenses subsection 700 Noise. This ordinance
defines an excessive noise as:
Noise received by a Residential Area which exceeds an L10 of 65dB(A) during daytime, an LIO
of 55dB(A) during nighttime, an L50 of 60dB(A) during daytime, or an L50 of 50db(A) during
nighttime.
Ham Lake defines Noise Nuisances are by section 720 as:
"Personal Recreational Vehicle Noise — Noise generated by Personal Recreational Vehicles
which is received by any Residential Area, either as a Stationary Source, a Mobile Source, or a •
Circulating Mobile Source, and which exceeds 60dB(A) for any period of five consecutive
minutes. "
The City of Andover Ordinance # 230 has a similar purpose. It states:
"Exhaust. No person shall discharge the exhaust, or permit the discharge of the exhaust of any
steam engine, motor boat, motor vehicle, or snowmobile except through a muffler or other device
that effectively prevents loud or explosive noises there from and complies with all applicable
state laws and regulations. (230A, 8118198) "
The Planning and Zoning Clerk for Ham Lake, Dawnette Shimek, has said that the enforcement
of this ordinance is primarily through the Sheriffs department. She also stated that Ham Lake
will mail individuals a copy of the ordinance if there is a complaint, but they do not test to find if
the noise involved is actually above the decibels allowed. One major problem with enforcement
of this ordinance is if the activity is for a short duration, it will be over before an officer can
reach the residence.
Sheriff Calls
In numerous discussions with the Anoka County Sheriffs deputies, many similar problems have
been found with the enforcement of this aspect of Andover's noise ordinance. Certain loud
noises are allowed during the day if they are for short durations, such as a chain saw. Usually, •
these activities are over before an officer can make it to the location. Otherwise, the officer will
simply ask the resident to stop. Deputylvory remarked that most of their calls on dirt bikes and
ATV's are in regards to the driving of these vehicles on City streets. For the months of July,
August and September, the Sheriffs office recorded 19 complaints in regards to ATV's. Code
enforcement staff was told that they do not differentiate between ATV and dirt bike complaints,
and do not specify if they are from noise or other kinds of complaints.
ATV Taskforce
The ATV taskforce was formed to answer questions in regard to recreational use of ATV's on
forest land. It mainly is about increasing the number of ATV trails and the enforcement of the
use of trails. It will not complete that report until January 15 of 2003, although preliminary
findings will be available December 15 2002.
Residents Concerns
Resident, Tom Danczyk, has submitted the changes he suggests be made to the ATV and
Snowmobile Ordinance. This is to be considered separate from the changes requested previously
by Mary Hilke who is primarily interested in the regulation of Dirt Bikes.
RECOMMENDATION
The ordinance dealing with ATV's & Snowmobiles has been modified to include some
additional restrictions as they have requested. I have had a number of complaints about the
racing of vehicles on and off tracks in the City of Andover. I believe some combination of these
approaches might be most useful to addressing resident's complaints, while still allowing other
residents use of their property in ways they have grown accustomed to. As you can see in the
2
• attached Sherburne County ordinance, a minimum distance from other residences may be a good
step. It should be debated whether 1,000 feet is too restrictive, and if the use of these vehicles
within the distance should be limited to less than 10 miles per hour rather than a complete
prohibition. The Planning and Zoning Commission is recommended to discuss this issue and
give staff direction.
Attachments
Previous Reports
Letter from Mary Hilke
City Council Minutes
Suggested Resolution Changes by Tom Danczyk
Sherburne County Private Motor Sport Vehicle Track Ordinance
Ham Lake Noise Ordinance
ATV Taskforce information
Res ct ly submitted,
D. Tyler
•
0
SUGGESTED CHANGES BY
TOM DANCZYK
Draft 11/5/02
Underlined is new language, strike out it to be removed. •
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO. 109C
AN ORDINANCE ADOPTING REGULATIONS FOR THE OPERATION OF
ALL - TERRAIN VEHICLES, DIRT BIKES, AND SNOWMOBILES WITHIN THE
CITY OF ANDOVER
The City Council of the City of Andover hereby ordains:
SECTION 1. DEFINITIONS Unless the context clearly indicates otherwise, the
words, combinations of words, terms, and phrases as used in this section shall have the
meanings set forth in the subdivisions of this section, which follow.
a. Snowmobile - a self propelled vehicle designed for travel on snow or ice •
steered by skis or runners.
b. All- Terrain Vehicle - a motorized flotation -tired vehicle of not less than (3)
low pressure tires, but not more than six (6) low pressure tires, that is limited in
engine displacement of less than 800 cubic centimeters and total dry weight less
than 600 pounds.
c. Owner - means a person other than a lien holder, having the property in or title
to snowmobile, dirt bike or all- terrain vehicles, and entitles to the use or
possession thereof.
d. Operate - to ride in or on, and control the operation of, a snowmobile, dirt
bike or all terrain vehicle.
e. Operator - means every person who operates, or is in actual physical control,
of a snowmobile, dirt bike all- terrain vehicle.
f. Roadway - means that portion of a highway improved, designed, or ordinarily
used for vehicular travel; including the shoulder, but not including the boulevard.
g. Boulevard - is that portion of the street right -of -way between the curb line and
the property line.
-y-
• h. Right -of -Way - means the entire strip of land traversed by a highway or street
in which the public owns the fee or an easement for roadway purposes.
i. Urban District - means the territory contiguous to and including any street
which is built up with structures devoted to business, industry, or dwelling houses
situated at intervals of less than 100 feet, for a distance of a quarter mile or more.
j. Public Lands - public parks, playgrounds, trails, paths, and other public open
spaces; scenic and historic sites; schools, and other public buildings and
structures.
k. Safety or Deadman Throttle - is defined as a device which, when pressure is
removed from the engine accelerator or throttle, causes the motor to be
disengaged from the driving track.
1 Dirt Bike - a motorized off - highway vehicle traveling on two wheels and
having a seat or saddle designed to be straddled by the operator and handlebars
for steering control.
SECTION 2. PERSONS UNDER 18 YEARS OF AGE. No person under 14 years of
age shall operate on streets or highways, or make a direct crossing of a street or highway,
as the operator of a snowmobile. A person 14 years of age or older, but less than 18
years of age, may operate a on streets or highways as permitted under this
ordinance, and make a direct crossing thereof, only if he /she has in his immediate
possession a valid snowmobile safety certificate issued by the Commissioner of Natural
Resources, as provided by Minnesota Statutes Section 84.46, as amended.
It is unlawful for the owner of a snowmobile to permit the snowmobile to be operated
contrary to the provisions of this section.
SECTION 3. General Operation.
Prohibited Areas.
No person shall operate an all- terrain vehicle, dirt bike, or snowmobile south of the
following line legally described as shown in Exhibit A, with the exception of designated
snowmobile or ATV trails or areas that have been approved by the City Council and
private property provided permission is granted by the owner, occupant, or lessee of such
land except as noted below:
No person shall operate an all- terrain vehicle dirt bike or snowmobile on private property
within the City of Andover for recreational purposes:
• a) Within 350 feet of an adjacent property owner without written permission.
-S-
b) Within 500 feet of an adjacent residence without written permission. •
Permitted Areas.
The operation of all- terrain vehicles or snowmobiles is permitted north of the described
line as shown in Exhibit A. The following designated trails or areas south of this line are
permitted:
1) On Round Lake (when frozen) when access can be legally obtained.
2) On Crooked Lake (when frozen) when access can be legally obtained.
(10913, 11/2/99)
SECTION 4. OPERATION ON PUBLIC PROPERTY.
a. Operation Generally. No all- terrain vehicle, dirt bike, or snowmobile shall be
operated on public property within the City of Andover in violation of the following
provisions:
1. No person shall operate an all- terrain vehicle, dirt bike, or snowmobile
within the City of Andover including but not limited to: school grounds,
park property, playgrounds, recreation areas and golf courses, except;
snowmobiles may be operated on designated snowmobile trails or
designated access thereto.
2. No person shall operate an all- terrain vehicle, dirt bike, or snowmobile
upon the roadway, shoulder, inside bank or slope of any trunk, county
state aid, or county highway within the City of Andover; and in the case of
a divided trunk or county highway, on the right -of -way between the
opposing lanes of traffic.
3. No person shall operate an all- terrain vehicle, dirt bike, or snowmobile
on city streets; except on the shoulder of the roadway, or in the absence
of an improved shoulder, of the right -hand -most portion of the roadway
(not on boulevard areas), and in the same direction as the street traffic on
the nearest lane of the roadway adjacent thereto. In addition, snowmobiles
or ATV's shall take the shortest route on any city street to access any
county road, county state aid highway, or any designated snowmobile or
ATV trails.
4. On a public sidewalk or walkway provided or used for pedestrian
travel.
5. At any place, while under the influence of an alcoholic beverage or
controlled substance.
17J
-6-
• 6. At any speed in excess of 15 miles per hour on any public city street, or
elsewhere at a rate of speed greater than reasonable or proper under all the
surrounding circumstances.
7. At any speed in excess of 15 miles per hour on any county road, or
county state aid highway in an urban district. All other county roads and
county state aid highways not in an urban district must comply with
Minnesota statues; or elsewhere at a rate of speed greater than reasonable
or proper under all the surrounding circumstances.
8. At any place in a careless, reckless, or negligent manner, so as to
endanger the person or property of another, or to cause injury or damage
thereto.
9. So as to tow any person or thing on a public street or highway, except
through use of a rigid tow bar attached to the rear of the snowmobile.
10. At a speed greater than 15 miles per hour when within one hundred
(100) feet of any riverbank or lake shore; or within one hundred (100) feet
of fishermen, ice houses, or skating rinks; nor shall operation be permitted
within one hundred (100) feet of any sliding area; nor where the operation
would conflict with the lawful use of property, or would endanger other
persons or property.
11. In a manner so as to create loud, unnecessary, or unusual noise which
disturbs, annoys, or interferes with the peace and quiet of another.
12. On any days between the hours of 11:00 p.m. and 8:00 a.m.; except on
Saturday and Sunday the restriction shall be between 1:00 a.m. and 8:00
a.m.
13. Such operation is not permitted within fifteen (15) feet of any public
sidewalk, walkway, or trail.
14. It shall be unlawful for any person to drive or operate an all- terrain
vehicle, dirt bike, or snowmobile in a tree nursery or planting in a manner
which damages or destroys growing stock.
15. Authorized snowmobiles and all- terrain vehicles or dirt bikes may be
used on any public property within the City for rescue, emergency, or law
enforcement purposes.
16. A snowmobile all- terrain vehicle or dirt bike may make a direct
crossing of a street or highway provided:
0
a. The crossing is made at an angle of approximately ninety (90) degrees
to the direction of the street or highway, and at a place where no is
obstruction prevents a quick and safe crossing.
b. The all- terrain vehicle, dirt bike, or snowmobile is brought to a
complete stop before crossing the shoulder or main traveled way of the
highway.
c. The driver yields the right of way to all oncoming traffic which
constitutes an immediate hazard.
d. In crossing a divided street or highway, the crossing is made only at an
intersection of such street or highway with another public street or
highway.
e. If the crossing is made between the hours of one -half (1/2) hour after
sunset to one -half (1 /2) hour before sunrise, or in conditions of reduced
visibility, only if both front and rear lights are on.
f. A snowmobile may make a direct crossing of a street or highway;
provided a snowmobile may be operated upon a bridge other than a bridge
that is the main traveled lanes of an interstate highway, when required for
the purpose of avoiding obstructions to travel when no other method of
avoidance is possible; provided the snowmobile is operated in the extreme
right -hand lane, the entrance to the roadway is made within one hundred
(100) feet of the bridge, and the crossing is made without undue delay.
17. No all- terrain vehicle, dirt bike or snowmobile shall enter any controlled
intersection without making a complete stop. The operator shall then yield
the right of way to any vehicles or pedestrians which constitute any
immediate hazard.
(109B, 11/2/99)
18. An all- terrain vehicle dirt bike or snowmobile may be operated upon any
public street or highway in any emergency during the period of time when
and at locations where the condition of the roadway renders travel by
automobile impossible. (109B, 1112/99)
SECTION 5. EQUIPMENT. It is unlawful for any person to operate a snowmobile,
dirt bike, or all- terrain vehicle any place within the corporate limits of Andover unless it
is equipped with the equipment set forth as follows:
1. Standard mufflers which are properly attached and in constant operation, and
which reduce the noise of operation of the motor to the minimum necessary for
operation. No person shall use a muffler cutout, by -pass, straight pipe or similar
_X_
• device on a snowmobile motor, and the exhaust system shall not emit or produce
a sharp popping or crackling noise.
2. Brakes adequate to control the movement of, and to stop and hold, the
snowmobile or all- terrain vehicle under any conditions of operation.
3. A safety or so- called "deadman" throttle in operating condition, as that when
pressure is removed from the accelerator or throttle, the motor is disengaged from
the driving track.
4. At least one clear lamp attached to the front, with sufficient intensity to reveal
persons and vehicles at a distance of at least one hundred (100) feet ahead during
the hours of darkness under normal atmospheric conditions.
a. Such head lamp shall be so aimed that glaring rays are not projected
into the eyes of an oncoming vehicle operator.
b. It shall be equipped with at least one red tail lamp having a minimum
candle power of sufficient intensity to exhibit a red light plainly visible
from a distance of five hundred (500) feet to the rear during the hours of
darkness under normal atmospheric conditions.
c. Such equipment shall be in use when the vehicle is operated between
the hours of one -half (1/2) hour after sunset, or one -half (1/2) hour before
sunrise, or at times of reduced visibility.
SECTION 6. LEAVING SNOWMOBILE UNATTENDED. Every person having
snowmobile in a public place shall lock the ignition, remove the key and take the same
with him.
SECTION 7. CHASING ANIMALS FORBIDDEN. It is unlawful to intentionally
drive, chase, run over, kill, otherwise take or attempt to take, any animal, wild or
domestic, with a snowmobile, all- terrain vehicle, or dirt bike.
SECTION 8. PENALTY. Any person violating any provision of this ordinance shall be
guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not
more than $700.00, or by imprisonment of not more than 90 days, or both, plus costs of
prosecution in either case.
SECTION 9. EFFECTIVE DATE. This ordinance shall take effect and be in force
upon its passage and publication as required by law.
SECTION 10. ENFORCEMENT. The City's enforcement agency or the Anoka
County Sheriff s Department in order to provide enforcement, shall be exempt from the
• requirements of this ordinance. (109A, 1/5/99)
—9-
Adopted by the City Council of the City of Andover this th day of. •
CITY OF ANDOVER
J.E. McKelvey, Mayor
ATTEST:
Victoria Volk, City Clerk
Amended 109A, 1/5/99
Amended 10913, 11/2/99
40
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M At
Sketch Plan
CITY VIEW FARM ROW
PREPARED FOR
MIKE BAHN
� y
VICINITY MAP
Property Description:
Lot 1, Block 1, WEISE'S SECOND ADDITION, Anoka County,
Minnesota, except the east 355 feet thereof as measured
parallel with the south line of said lot.
Benchmark:
Top of hydrant at south end of Silverrod Court. Elev.= 880.20
Northwest corner of top of bottom step at the most westerly
house. Elev. = 877.35
Notes:
1. Drainage and Utility Easements
Shall Be Provided As Needed
2. Lot dimension are rounded to the nearest foot.
3. Lot areas are rounded to the nearest 100 sq. ft.
J RECEIVED
Jcks:
0 J
—mod
It:
30 feet to Round Lake Boulevard
I�-I
30 feet
50 0 50 too
yard:
yard:
3 feet to living area
35 feet to 133rd Avenue
CITY OF ANDOVER
SCALE IN FEET
lands:
There are no wetlands on the site.
Oct 09, 2002 - 9:29am
K: \cad_en9 \land projects \2525.02 \dwq \252502— SK.dri
I Hereb certNy that this pion.
specifcot:on, °` `!port r= prepared
by me or under a du my direct sePSrviaion�
and I I a Licensed
sio duly Licensed
of t the State of 1Gnnesoto. Engineer under the fors
of he Stl
DATE
REVISION
k
B,iJ
Hokonson
Anderson
Assoe.,�ne.
ti=ll Engineers and Land Sur "ors
301 ThuMo- Art., AnpYq Yinnesob %303
]fi3_u]_casn Car ]s3_!o]_na]n
SKETCH PLAN
VIEW FARM Row
I FR
MIKE
CITY OF XXXXXX, MINNESOTA
SHEET
1
°F
1
SHEETS
:CKP
BRIAN J. JOHNSON
Do 10i09i02 Rea. No. 21529
s
&IJ
DATE 10/09/02 TFU Ia. 2525.D2
A'4 L4 Io.
OWNER /DEVELOPER:
MIKE BAHN
13311 Round Lake Boulevard
Andover, MN 55304
763- 213 -8200
DESIGNER, ENGINEER
Hakonson Anderson Associates, Inc.
& SURVEYOR:
3601 Thurston Ave.
Anoka, MN 55303
763- 427 -5860
Charlie R. Christopherson, RLS
Brion J. Johnson, PE
Municipality.
City of Andover
Watershed District:
Lower Rum River Watershed
Management Organization
Street lighting:
as required
Proposed Utilities:
Sewer: City Utilities (available)
Water: City Utilities (available)
SITE DATA:
Proposed use:
Zoning:
Existing Zoning:
Proposed Zoning
Area Summary.
Parcel area:
Lot summary.
Number of lots:
Largest lot:
Smallest lot:
Average lot area:
Density.
Residential
R4 (Single Family Urban)
M1 (Multiple Dwelling Low Density)
Planned Unit Development
58,369 sq.ft. 1.34 acres
7 Residential Lots
11,780 sq. ft.
7,70D sq. ft.
8,300 sq. ft.
5.22 Lots Per Acre
Setb
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SIDE ELEVATION
Z O W T O W N H O USES
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REAR ELEVATION
WALK-IN
CLOSET
OWNER'S SLATE
15'-8 x 14' -2'
® O
O
O
BATHROOM
LOFT
7'- 4'x7' -2
n it - --
BEDROOM LL — —
12' -4' x 13' -6'
O . EN
9'2'x9 '
SECOND LEVEL FLOOR PLAN - 827 S.F.
T O W N H O U S E S
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BASEMENT FLOOR PLAN - 816 S.F.
Cl TV VIEW
MAIN LEVEL FLOOR PLAI
F A R M E
Andover, Mini