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HomeMy WebLinkAbout02/25/03CITY of ANDOVER • 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 Andover Planning and Zoning Commission Meeting Agenda February 25, 2003 Andover City Hall Council Chambers 7:00 a.m. 1. Call to Order 2. Approval of Minutes — February 11, 2003 3. PUBLIC HEARING Lot Split (03 -01) to create two urban residential properties as previously platted with variance to lot depth at 1415 Andover Boulevard NW. 4. PUBLIC HEARING Variance (03 -03) to Ordinance 8, Section 6.02 to vary from the 50 foot building setback from county roadways for Northern Natural Gas at 4517 Valley Drive NW (CSAH 58). - 5. Adjournment • CITY of ANDOVER • 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 (763) 755 -5100 FAX (763) 755 -8923 TO: Planning and Zoning Commissioners .FROM: Courtney Bednarz, City Planner SUBJECT: Item 2. Approval of Minutes - February 11, 2003 DATE: February 25, 2003 Request The Planning and Zoning Commission is asked to approve the minutes from the February 11, 2003 meeting. • • r CITY of ANDOVER PLANNINGAND ZONING COMMISSIONMEETIIVG — FEBRUARY 11, 2003 The Regular Bi- Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Acting Chairperson Kirchoff on February 11, 2003, 7:01 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Acting Chairperson Tim Kirchoff, Commissioners Rex Greenwald, Jonathan Jasper and Dean Vatne. Commissioners absent: Chairperson Dean Daninger, Commissioners Douglas Falk and Tony Gamache. Also present: City Planner, Courtney Bednarz Others APPROVAL OF MINUTES. January 28, 2003 Commissioner Vatne stated on page five of the minutes, third paragraph, the sentence should read "He stated that he #affle puRs «'"" "'' " 'a °" is a Feel ehaH development to the north commutes tkw� Andover and is a real challenge Motion by Greenwald, seconded by Vatne, to approve the minutes as presented. Motion earned on a 4 -ayes, 0 -nays, 0- present, 3-absent vote. Acting Chairperson Kirchoff stated his Co was renewed so he gave the Oath of Office to himself. PUBLIC HEARING: SPECIAL USE PERMIT (03 -02) FOR ADDITION TO THE CONSTANCE EVANGELICAL FREE CHURCH LOCATED AT 16150 CROSSTOWNBOULEVARD NW. Mr. Bednarz explained that Constance Evangelical Free Church is proposing to expand the use of their site with construction of a new auditorium as well as expansion of the existing parking and storm water drainage areas. Expansion of the use of the property • requires an amendment to the existing Special Use Permit Regular Andover Planning and Zoning Commission Meeting Minutes — February 11, 1003 Page 2 Commissioner Jasper asked how many stalls would there be if they were expanded to 10' • in width. Mr. Bednarz stated there would be less because each row of parking would need to be shortened. Commissioner Greenwald asked how they came up with 127 stalls. Mr. Bednarz stated parking is based on seating capacity of the auditorium and their perceived need. Commissioner Greenwald stated Constance and Crosstown are 55 MPH so when the median is installed in the road, is there concern with the potential future common entrance. Mr. Bednarz stated the County has not given a timeframe for improvements so the present access will be used. Commissioner Greenwald stated in the description of the screening, do they know they will need to put in a berm along with trees. Mr. Bednarz stated the property to the west is not developed and there are no structures that would be directly impacted. Therefore they are looking at a tiered approach to providing the screening where a berm would be provided now and additional screening would be added when the area develops. Discussion was brought up in regards to the signage in regards to how many and how large each one could be. Commissioner Greenwald stated they have talked about the MUSA area and are they going to try to hook up to the City services. Mr. Bednarz stated staff feels this is the best scenario for them. Commissioner Greenwald asked why the applicant would need to install a drain field for such a short period of time. Mr. Bednarz stated that is an issue for the applicant but in terms of how the City looks at this, the MUSA boundary runs down 161` Avenue so a Comprehensive Plan amendment would be needed to bring this site into the MUSA and allow utility lines to be extended north of County Road 20. Discussion ensued regarding the current sewer line. Commissioner Jasper asked about when the Sunset Clause "sunsets ". Mr. Bednarz stated it references a one -year time fame from City Council approval for them to make significant progress on the project. What is likely to happen when the Special Use Permit is approved, is that the applicant will submit the detail plans that would be reviewed to make sure that the proposal is going to meet fire and building codes and all the other agency's requirements. Commissioner Jasper asked how long the one -year Sunset has been in the Ordinance. Mr. Bednarz stated he thought it has been since 1990. Motion by Greenwald, seconded by Vatne, to open the public hearing at 7:35 p.m. Motion carried on a 4 -ayes, 0 -nays, 3- absent vote. Mr. Brent Visser of Miller Dunwoody Architects stated in regards to the signage issue, they were asking for up to 150 square footage of sign and the reason for this is because • the roads around the church are both 55 MPH and the comer the church is on is wooded Regular Andover Planning and Zoning Commission Meeting Minutes — February 11, 2003 • Page 3 with a cemetery on it He stated the large signage letters they do need is because of the distance back and speed of traffic and they provided an allowance for fifty square feet for the daycare facility and they are willing to come back in the future for approval of the signage. Mr. Visser stated the issue with the entrance, he talked to the County and City staff regarding this and they have started talking with the owner of the property to the west about the potential for a future shared access. Mr. Visser stated they had the parking stalls sized at nine feet and the City Ordinance is ten feet so they made a revision to the drawing. He stated originally the plans showed 127 stalls and with the change will be 115 stalls and still beyond the design standards for the City. Mr. Visser stated in regards to the drain field, one of the issues is the connection to the City sewer system. He stated the addition will be located on the existing drain field so they will need to relocate the drain field unless utilities are made available. He explained where on the property it could be located. Mr. Visser stated in regards to the issue of screening, they will provide the burning to • help shield the headlights and if there were any issues in the future, the owner would add additional landscaping to meet what would be required by ordinance at that time. Commissioner Vatne stated the size of the sign is not the issue, but the quality of the sign. Commissioner Vatne asked if they have submitted a plan for the revision to the parking area. Mr. Visser stated they have not submitted a plan yet but they could consider the plan they have changed today as a revision. Commissioner Greenwald stated if they approve this, they could change the Resolution from 127 to 115 parking stalls. W. Bednarz agreed. Commissioner Vatne asked if there was any background on nine versus ten feet for parking stalls. Mr. Bednarz stated a majority of cities allow nine foot wide stalls, and some require 10' wide stalls only in retail areas. In Andover, extra space is valued so there is a ten foot parking stall requirement. Discussion ensued regarding the number of parking stalls that should be installed. Mrs. Mary White stated she lives to the west of the church and railroad track and is concerned with the traffic in the area. The Church has approached her regarding buying _ her land but she is not ready to sell. She stated she is confused about where and when the median is going in. Acting Chairman Kirchoff stated this is something Anoka County will need to answer. Mr. Bednarz stated at this time there is not a date set for expansion • and would occur sometime in the future. Regular Andover Planning and Zoning Commission Meeting Minutes — February 11, 2003 Page 4 Motion by Greenwald, seconded by Vatne, to close the public hearing at 8:05 p.m • Motion carried on a 4 -ayes, 0 -nays, 3- absent vote. Commissioner Greenwald stated he is comfortable with putting in 115 parking stalls but would like to have the day care sign reviewed when it is developed instead of now. Commissioner Jasper stated the church is setback from the road and has a lot of trees so he can understand why they would need the larger signage. Motion by Jasper, seconded by Greenwald, to recommend to the City Council approval of Resolution No. , approving the special use permit with changing the 127 parking stalls to 115 ten foot parking stalls and with up to an eleven hundred seat auditorium and to allow the two existing monument signs and two additional wall signs totaling one hundred feet. Motion carried on a 4 -ayes, 0 -nays, 3- absent vote. Mr. Bednarz stated that this item would be before the Council at the March 4, 2003 City Council meeting. PUBLIC IIEAR)NG: REVOCATION OF SPECL4L USE PERMIT (03 -03) TO REVOKE PREVIOUSLY GRANTED SPECL4L USE PERMIT (88 -10) FOR INSTALLATION OF GAS TANKS, MOTOR FUEL AND PROPANE TANS ON PROPERTY LOCATED AT 14320 CROSSTOWN BOULEVARD NW. Mr. Bednarz explained that this item concerns revocation of a special use permit granted in 1988 to permit fuel storage tanks to be located as part of a commercial development on the subject property. He stated that no significant progress has been made since the permit was granted in 1988 and at the time the permit was approved there was not a sunset clause either in the Zoning Ordinance or included in the approved resolution. As a result the approval granted with the permit will continue indefinitely unless revoked. Mr. Bednarz discussed the neighborhood business study with the Commission. Commissioner Greenwald asked who owned the property. Mr. Bednarz stated Radamacher Companies owned it and is currently marketing it as residential property. Commissioner Jasper asked if the current owner of the property was opposed to the revocation. Mr. Bednarz stated he could not talk for the owner but they were involved in the study and are marketing the property as residential. He stated they were notified of the meeting and that he had spoken with a representative on the phone. He also has spoken with the county assessor regarding the tax classification of the property. Motion by Greenwald, seconded by Vatne, to open the public hearing at 8:17 p.m. Motion carried on a 4 -ayes, 0 -nays, 3- absent vote. • Regular Andover Planning and Zoning Commission Meeting Minutes — February 11, 2003 • Page 5 There was no public input. Motion by Greenwald, seconded by Vatne, to close the public hearing at 8:17 p.m. Motion carried on a 4 -ayes, 0 -nays, 3- absent vote. Commissioner Greenwald asked if they were considering at one time putting in a small gas station on the property. Mr. Bednarz stated this was correct and the permit was approved in 1988 before the area was fully developed. Mr. Bednarz stated the NB Study recommended changes to the zoning districts of other sites as a part of a City wide evaluation of all undeveloped commercial properties and that the recommendations for other sites have already been acted upon. Acting Chairman Kirchoff asked if there were storage tanks in the ground. Mr. Bednarz stated there is not any fuel storage on the site. Commissioner Jasper asked if they are now putting a Sunset on these types of permits. Mr. Bednarz stated that was correct. Motion by Greenwald, seconded by Vatne, to recommend to the City Council approval of Resolution No. , revoking the special use permit. Motion carried on a 4 -ayes, 0- nays, 3- absent vote. Mr. Bednarz stated that this item would be before the Council at the March 4, 2003 City Council meeting. OTHER BUSINESS Mr. Bednarz updated the Planning Commission on related items. Mr. Bednarz mentioned that they met with the County in regards to the Community Development Block Grant Application process. The City has four applications that are being considered for funding through HUD and it appears there may be an opportunity for a rental rehabilitation program that would be partially funded by the County. He stated the other three applications were not recommended for funding. Acting Chairperson Kirchoff asked if there were more applications for funds this year than last year. Mr. Bednarz stated less dollars are available this year than last year and more requests came in this year than last year. Mr. Bednarz stated this information is preliminary and there will be a final determination in March. is Regular Andover Planning and Zoning Commission Meeting Minutes — February 11, 2003 Page 6 ADJOURNMENT: Motion by Greenwald, seconded by Jasper, to adjourn the meeting at 8:30 p.m. Motion carried on a 4 -ayes, 0 -nays, 3- absent vote. Respectfully Submitted, Sue Osbeck, Recording Secretary TimeSaver Q ff Site Secretarial, Inc. • • • 0 , # ow* 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 Planno, SUBJECT: PUBLIC HEARING Lot Split properties as previously platted with Boulevard NW. DATE: February 25, 2003 (03 -01) to create two urban residential variance to lot depth at 1415 Andover INTRODUCTION The applicant is seeking to re- establish a property line between two previously combined urban residential lots (Lots 5 and 6, Block 4 of Hartfiel's Estates). A house exists toward the south end of the lot. The proposed lot split would allow a second home to be constructed on the northerly portion of the lot. A variance to lot depth is necessary to allow the lot split to occur. DISCUSSION There is a considerable amount of history concerning the subject property and surrounding land. The following timeline is intended to provide an overview of significant events: • Circa 1948 -The existing houses and accessory buildings on the subject property and the property to the west were constructed as a part of the Heil Farmstead. See attached aerial photograph from 1969. • October 12, 1971 - Grow Township Board approves final plat of Hartfiel's Estates (containing subject property). The plat is approved contingent upon home construction on every other lot until utilities become available. The issue of detached accessory buildings encroaching on Lots 5 and 6, Block 4 is not addressed. At this time Ken Heil owns Lots. 1 -6, Block 4 and the 5 acres immediately to the west. See attached aerial photograph overlaid with Hartfiel's Estates plat drawing. • January- February 1978 - Mr. Heil wishes to sell lots 5 and 6, Block 4, yet also wishes to retain use. of the accessory buildings located on these lots. Instead of moving the buildings, Mr. Heil requests that the west 50 feet of lots 5 and 6, Block 4 be severed and added to the property to the west. Moving the buildings was presented as a hardship. After much discussion (reflected in the attached minutes) the request was granted with the • Summary The removal of 50 feet from the west side of the subject property reduced the lot depth from 167 feet to 117 feet. The minimum lot depth of the Single Family Urban Residential (R -4) Zoning District is 130 feet. A variance to the minimum lot depth for each lot is needed to allow the lot split to occur. Findings The following findings are provided to substantiate the variance to lot depth: 1. The existing detached accessory buildings were allowed to encroach onto the property without being addressed at the time the plat was approved. 2. This situation was not corrected when the City Council approved a variance to remove a portion of the platted properties and cause them to be combined into one lot. A variance was approved to accommodate a request and alleviate a situation created by the then property owner at the expense of the buildable status of Lot 5, Block 4 Hartfiel Estates. 4. A sewer and water connection are present and capable of providing municipal utilities to Lot 5, Block 4 Hartfiel's Estates. OTHER CONSIDERATIONS Easements If the lot split is approved the City should require the standard drainage and utility easements for urban properties to be dedicated with a separate easement document for both lots (ten feet wide along front and rear property line and five feet wide along side property lines. Park Dedication Park dedication was satisfied through the dedication of land as a part of the plat. Ordinance 40, Section S.B. (Lot Split Ordinance) prohibits park dedication from being collected for a lot split once land was dedicated as a part of the plat. • Trail Fee A Trail fee in the amount of $523 will be required if the lot split is approved. The City Council established a trail fee requirement with Resolution 270 -99 for all lot splits, regardless of what has been collected in the past. R -4 Subject Lot 5 Lot 6 Requirements Property Prop r (proposed) (proposed) (exis Lot 80 feet 117 100 feet 100 feet Width feet 200 117 feet 117 feet t 130 a 11,400 feet 23,400 s.f. 11,700 s.f 11,700 s.f. Findings The following findings are provided to substantiate the variance to lot depth: 1. The existing detached accessory buildings were allowed to encroach onto the property without being addressed at the time the plat was approved. 2. This situation was not corrected when the City Council approved a variance to remove a portion of the platted properties and cause them to be combined into one lot. A variance was approved to accommodate a request and alleviate a situation created by the then property owner at the expense of the buildable status of Lot 5, Block 4 Hartfiel Estates. 4. A sewer and water connection are present and capable of providing municipal utilities to Lot 5, Block 4 Hartfiel's Estates. OTHER CONSIDERATIONS Easements If the lot split is approved the City should require the standard drainage and utility easements for urban properties to be dedicated with a separate easement document for both lots (ten feet wide along front and rear property line and five feet wide along side property lines. Park Dedication Park dedication was satisfied through the dedication of land as a part of the plat. Ordinance 40, Section S.B. (Lot Split Ordinance) prohibits park dedication from being collected for a lot split once land was dedicated as a part of the plat. • Trail Fee A Trail fee in the amount of $523 will be required if the lot split is approved. The City Council established a trail fee requirement with Resolution 270 -99 for all lot splits, regardless of what has been collected in the past. i Utilities If the lot split is approved the new house will be required to connect to municipal water and sewer and pay the assessment as calculated by the City Clerk. Existing Structure There is an existing detached garage that straddles the proposed property line. The structure would be required to be moved before a building permit will be issued for the new lot. Access Access to the new lot will be provided from Bluebird Street NW. The applicant would also be willing to relocate the access to the existing house from Andover Boulevard to Bluebird Street NW. ACTION REQUESTED The Planning Commission is asked to consider the findings provided and determine if they are sufficient to substantiate the proposed variances to lot depth needed to allow the lot split to be approved. Attachments Resolution Location Map • Applicants Letter 1969 Aerial photograph Plat/Aerial Photograph Minutes from Variance 78 -2 Resolution from Variance 78 -2 Site Photographs Respectfully submitted, Co" do Cc: Wade Petersen, 1415 Andover Boulevard NW s • CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION APPROVING THE LOT SPLIT REQUEST FOR WADE PETERSEN TO SUBDIVIDE INTO TWO PARCELS PROPERTY LOCATED AT 1415 ANDOVER BOULEVARD NW (26- 32 -24 -23 -0058) LEGALLY AND DESCRIBED AS: Lot 5 and 6, Block 4 Hartfiel's Estates except the west 50 feet thereof, Anoka County, Minnesota To be divided into properties to be described as; Lot 5, Block 4 Hartfiel's Estates except the west 50 feet thereof, Anoka County, Minnesota Lot 6, Block 4 Hartfiel's Estates except the west 50 feet thereof, Anoka County, Minnesota WHEREAS, Wade Petersen has requested approval of a lot split to subdivide property pursuant to Ordinance No. 40, located at 1415 Andover Boulevard NW, and; WHEREAS, Wade Peterson has requested approval of variances to the minimum lot depth requirement of Ordinance 8, Section 6.02 to allow two lots with a lot depth of 117 feet, and; WHEREAS, the Planning and Zoning Commission finds that the special circumstances for the subject property include the following: 1. The existing detached accessory buildings were allowed to encroach onto the property without being addressed at the time the plat was approved. 2. This situation was not corrected when the City Council approved a variance to remove a portion of the platted properties and cause them to be combined into one lot. 3. A variance was approved to accommodate a request and alleviate a situation created by the then property owner at the expense of the buildable status of Lot 5, Block 4 Hartfiel Estates. 4. A sewer and water connection are present and capable of providing municipal utilities to Lot 5, Block 4 Hartfiel's Estates. WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect upon the health, safety, morals and general welfare of the City of Andover, and; . WHEREAS, a public hearing was held pursuant to state statutes, and; WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the lot split as requested, and; • WHEREAS, The Council finds the proposed use will not be detrimental to the health, safety, morals and general welfare of the occupants of the surrounding land, and; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the lot split on said property with the following conditions: 1. The applicant shall provide a drainage and utility easements in favor of the City of Andover for both lots 5 and 6, Block 4 Hartfiel's Estates to be consistent with the City's easement requirements for urban lots. 2. The applicant shall be required to pay a trail fee in the amount of $523. 3. A new house on lot 5 shall be required to connect to municipal water and sewer and pay the assessment as calculated by the City Clerk. 4. The existing driveway on Andover Boulevard shall be required to be relocated to Bluebird Street NW. 5. The existing detached accessory building located across the proposed property line shall be moved in compliance with Ordinance 8, Section 4.05 prior to a building permit being issued for Lot 5, Block 4 Hartfiel's Estates. 6. The new deeds for the property shall contain the legal descriptions included in this resolution. 7. That the lot split be subject to a sunset clause as defined in Ordinance No. 40, Section III(E). Adopted by the City Council of the City of Andover on this day of , 2003. CITY OF ANDOVER ATTEST: Mike Gamache, Mayor Victoria Volk, City Clerk Feb 20 03 08:29p J Andover City Council, Andover City Hall 1685 Crosstown Blvd. NW Andover, MN 55304 The reason of the request for the lot split and variance on the lots depth are as follows: First, the city has allowed and put in hookups for city sewer and water on lot 5 of the Heartfiel's Estates. Second, when 1 purchased the property (Lots 5 and 6 of the Heartfiel's Estates) I was led to believe that the two lots were splitable which would allow me to build on the new lot. That was my reasoning for purchasing this property and my plan was to build in two years on Lot 5. 1 believe that this would benefit the city because of the existing water and sewer stubs and besides that, it would benefit me. While talking with the city on trying to split the lots, history in regard to this property was found as to why the west 50 feet of Lots 5 and 6 were not included in the original plat of the development. It was found that the land was not plotted properly due to the existing outbuildings. After reviewing the Council Meeting on the variance, you can see that it was questioned as to whether combining the two lots was the best move at the present time and also in the future when the city sewer and water were made available. This is a very unique situation. 5o, with this unique situation, I believe that it would be in the best interests of the city to go forward and allow the splitting and variance of the lots because of the city spending time and money to put in these hookups. A house on this property would complete the development of the neighborhood and allow more taxable property for the city. Thank you for your consideration in this matter. Wade Petersen 1415 Andover Blvd. NW Andover, MN 55304 0 FEB 20 2003 20:13 763 434 1229 PAGE.02 I S + . r F 1 A s J si- „p'.n•°� �r y � b :eta .�� +f ,. .{ �� - �, dH k u et r'f �FS�b �' C � ^Z5 y Y N r •y *'?' "sg Nk" a "?' 4""E x ~• i t`2* +yam r s .an++�3. "� V y� A Y N4 h T~ f - \ , !Ie ''% '~. ':;' t' " , wow 0 U J) V) L Z -i > C) CL z Lj CN LO C4 m L) I I I +15 • 14 4 �zl MN - OA - 16 �3AOCIN city ad A mR2v . ER M E M 0 R A R D U M TO: Andover Mayor and City Council COPIES TO: Attorney FROM: Planning and Zoning Commission DATE: January 24, 1978 REFERENCE: Ken Heil Variance (Comm. #1 -78 -9) THE FOLLOWING IS SUBMITTED FOR YOUR CONSIDERATION: (Planning and Zoning Commission Meeting - January 24, 1978) Motion by Commissioner Kishel, seconded by Commissioner Elling, that the Planning and Zoning Commission recommend to the Andover City Council approval of the Ken Heil Variance for the request of conveyance of lots 5 and 6 of block 4, Hartfiel's Estates excepting the West 50' thereof. Approval under Section 14.02, hardship, of Ordinance 10 for the following reason: denial of such variance would create a hardship due to Mr. Heil's having to relocate the two outbuildings on to Tract B (parcel 4040) which would be economically unfeasible. Approval contingent on Lot 5 and Lot 6, Block 4, Hartfiel's Estates being combined into one lot with the exception of the West 50' thereof and that 50' being combined with the legal description of Tract B (parcel 4040). Motion carried unanimously. 44 0 r Q Xa Deloris J. Hanobn Commission Clerk • • Planning and Zoning Commission Meeting Minutes - January 24, 1978 Page 6 Fox Meadows Sketch Plan (Comm. #1 -78 -7) Lawrence Carlson presented plans for development of a 114 -acre parcel with 35 lots in Section 18. All of the lots are 21 acres or more and they all have 300' frontage or more. Discussion: corner lots should be 15' wider than the interior lots; none of the lots will front on either County Road 20 or 58; the streets would be Class 5; the Park Commission will review the plat relative to location and approval of the proposed park land. Esther Olson Sketch Plan (Comm. #1 -78 -8) Mrs. Olson presented a 40 -acre sketch plan with 11 lots in Section 22 off 154th Lane. Her primary reason for this is to give her daughter, and possibly her son, 5 -acre parcels on which to build a home. Her sketch plan shows a lot of feet of -roads compared to the number of lots, some of the lots are low and peat although there is also woods and high, buildable ground in the 40 acres. The Commission advised i her that there would be a lot of work and money involved in constructing the roads and making some of these proposed lots buildable and also, the park dedication must be considered. Mrs. Olson will perhaps break off, by metes and bounds, a 5 -acre parcel touching 154th Lane to give to her daughter. She was advised to divide the property so as to provide for possible future development. Ken Heil Variance (Comm. #1 -78 -9 Mr. Heil owns Tract A (parcel 3600), Tract B (parcel 4040) and lots 1 -6 of Hartfiel's Estates. He is selling lots 5 and 6 but needs a variance to sell as he has planned. There is an old , small, 2- bedroom house, the original homestead, on Lot 6. Only every other lot can be built on in Hartfiel's Estates until City sewer comes in. Therefore Lot 5 is currently unbuildable. There are 2 outbuildings, a wood- framed, concrete slab, 20 26 shop add the barn which he uses as a storage building, on the West side of lots 5 and 6. The outbuildings on the West 50' belong to Mr. Heil and he wants to keep them and, also, it wouldn't be feasible to move them. Because of the way that the buildings are sitting, they don't go with the old house that is on lot 6. The house on lot 6 faces Andover Boulevard, the driveway is off of Andover Boulevard and the address is 1415 Andover Boulevard. He wishes to combine lots 5 and 6 and sell as one lot, with the house, that is 117' wide (frontage on Andover Boulevard) and 200' deep and would be legally described as lots 5 and 6. Block 4, Hartfiel's Estates less the West 50' thereof. There will be no more building done on the property. It would just be changing the boundaries of the land on paper. Planning and Zoning Commission Meeting Minutes - January 24, 1978 Page 7 Discussion: Ordinance 10, Sections 8.02E and 14.02; replatting; which portion of the ordinance to use for approving the variance; he has a purchase agreement on the lot and house; Ordinance 10 Section 17.02; creating a bigger lot than lot 6 with the house because of the combination of lots 5 and 6. Motion by Commissioner Kishel, seconded by Commissioner Elling, that the Planning and Zoning Commission recommend to the Andover City Council the approval of the Ken Heil Variance for the request of conveyance of lots 5 and 6 of Block 4, Hartfiel's Estates excepting the West 50' thereof. Approval under Section 14.02, hardship, of Ordinance 10 for the following reason: denial of such variance would create a hardship due to Mr. Heils having to relocate the two outbuildings on to Tract B (parcel 4040) which would be economically unfeasible. Approval contingent on Lot 5 and Lot 6, Block 4 Hartfiel's Estates being combined into one lot with the exception of the West 50' thereof and that 50' being combined with the legal description of Tract B (parcel 4040). Motion carried unanimously. Mr. Heil will ask to be on the February 7, 1978 City Council Agenda because of the time problem in selling the house. Adiournment Motion by Commissioner Kishel, seconded by Commissioner Elling, to adjourn. Motion carried unanimously. Meeting adjourned at 10:30 P.M. Deloris J. gon Commission lerk 0 nexular Cit Cmmanc Meeting eq, notes - rebrna.ry •7 , 10 1 'aLre 5 E ( ?Vrinance - Stretch, Continued) VOTE ()TT MOTTON: YES- Lachi.nski, McClure, Orttel, } .".rindschitl; rTO- VanderLaan Motion carried. il. •:'' Councilperson VanderLaan - Indicating�no significant difference in the outcome of a platting -orocedure would be incorrect in dealing with any Variance in that platting addresses and • I .•- explores many areas of the property that simply metes and'."conveyances do not. Variance - Heil Mr. Petzlaff stated the Pla.nning and Zoning Commission recommended approval of the Variance Peauest of Mr. Heil in Hartfiel Estates Addition. The intent of the Variance is to _salvage two structures that are currently on two different parcels of land so that Mr. Heil. can retain ownership of Tract B, a 21 acre *Parcel, and the structures. He wants annroximately Sn feet of lots 5 and 6 added to his 2� acres and the combine lots 5 and 6 into one lot. Ken Heil stated the address on the piece of property he is trying to sell (the combination of lots S and 6) is 1456 Andover Boulevard and the driveway is off Andover Boulevard. When the lots were platted, they took no care in positioning the property lines. Right now the west property line of lots 5 and 5 are closer than the minimum allowed to the buildings he is trying to retain. With this relocation of the property into one lot, the structures will be over lO feet away from the lot line. In the discussion with the Council on the fact that combining lots 5 and 6 would be creating an illegal lot per our Ordinance, Mr. Heil stated at the present time there are 6 lots along there which are 100 feet wide and 167 feet deep. By combining lots 5 and 6, there is more front footage, 117 feet on Andover Boulevard; and it would be 200 feet deep. So this one lot would be bigger than any of the individual ones. Discussion was on whether or not the County will accept the recording that combines two platted lots. It is Mr. Heil's intent that there wou'H be no more buildings built on this parcel as there is already a house on lot 6. Mr. Babcock stated a possibility would be to grant a Variance conditioned on the landowner filing a convenant that will run with the land that will state that the east 117 feet of lots 5 and 6 will always be conveyed as. one parcel and that they cannot be divided and that the other two 50-foot strips will be conveyed with Tract B and that they will never be conveyed separately. Mr. Heil stated he would voluntarily put a convenant on that will run with the land. He has scheduled a closing on the sale of lots 5 and 6 for March 1, and the VA will not act on their loan apalication until the correct legal description is obtained. Mr. Heil also stated there would be only one abstract for Tract B. Discussion continued on the fact that this solution still leaves the situation existing of giving sanction to a creation of an illegal lot and on the legality of splitting off the 50-foot strip from lots 5 and 6 to be joined with Tract B. It was agreed to postpone action on this to allow the attorney time to investigate this further. MOTInN by VanderLaan, Seconded by Lachinski, that the City Council request of the City Attorney to provide additional comment on the Variance for Ken Heil. Discussion: Councilperson McClure objected to the fact that no date was requested by which the Attorney should respond. Mr. Babcock stated he would have this for the next Council meeting. ,VOTE ON M6TION: YES- Lachinski, VanderLaan, Windschitl; NO- McClure, Orttel Motion carried. Regular City ConnCil Meeting February 21, 1978 - Minutes Page 2 L (Variance - Ken Heil, Continued) separately conveyed: With respect to the west 50 feet of lots 5 and 6, the same will aaoly -- that they will be attached to Tract B and the new parcel number will be given by the County Auditor's office with respect to that whole parcel. Mr. Babcock had talked with the 4uditor's office; and upon request, they would be willing to do that. This is a Variance from the Lot Split Ordinance, and it would be the Council's discretion whether or not the lot split fee would be collected from Mr. Heil. He felt it could properly be charged. Legally, this would be .granting a Variance under three Ordinances -- Zoning, Subdivision, and Lot Split Ordinances, Mr, Babcock felt the real issue is whether or not the existing building site on Lots 5 and 6 is reasonable in light of sanitary sewer standards. Should this Resolution be adopted, when sanitary sewer is available in the area, it would take Council action to split Lots 5 and 6 again. Mr. Heil stated no additional buildings will be placed on that building site, Councilperson Orttel felt that regardless of who that 50 -foot strip belonged to, it will have the same absorption capabilities as the present legal lot. Discussion was on whether the decision on the Variance to join Lots 5 and 6 would affect the build- ability of the remaining Lots 1, 2, 3, and 4. Mayor Windschitl thought the original plat was approved on the basis that every other lot was buildable. With the combination of Lots 5 and 5 into one lot; Lots 3 and 1 would then be the buildable lots. Mr. Heil was agreeable to that. But Mr. Babcock's opinion was that action taken tonight would not affect the buildability of the .remaining lots. Councilnerson VanderLaan was of the opinion that since the - entire parcel of land (Tracts 4 and B, Lots 1 through 6) was owned by Ma. Heil, this action is less than a superior way of dealing with this problem. She felt that this request comes under the definition of Subdivision within the Ordinance; and in looking at the language in the Ordinance, 14.02 with respect to allowance of a hardship and 9.06, minimum lot size, it gets back to the fact that we are allowing the establishing of a substandard lot in an R -1 area. Also, we are still dealing with the possibility of setting some kind of precedent regarding this type of conveyance. She felt there might be a better way of doing this with respect to looking at the entire parcel of land or leaving it as it is and leasing those buildings. The intent of the Comprehensive Plan in the City is to maintain and retain as large a lot as possible. Fare we are creating a small lot in this area, substandard.as to Ordinance 8. Mr. Heil noted the combining of Lots 5 and 6 is larger than the other lots generally in that area. Mayor Windschitl stated that Mr. Heil could accomplish everything he wishes to accomplish with a simple lease on that property. Discussion was then on assessing the lots for sanitary Sewer from the City standpoint. Mr. Stockwell explained if Lots 5 and 6 were combined, when sanitary sewer is made available, it would be a decrease of 33 feet that could be assessed versus assessing the lots individually. Mr. Babcock stated we are not actually creating a new lot here but are granting a Variance. When sanitary sewer is made available, he felt legally Lots 5 and 6 could still be assessed individually. He felt this is the kind of situation where the hardship clauses in our three Ordinances properly apply, and he also thought that Council action should not be based on a prior Town Board conceivably making an error in granting the Plat where the setback requirements had not been met. 140TION by Lachinski, Seconded by McClure, proposing a Resolution to grant the Kenneth Heil Variance, a Variance from Section 14.01 of Ordinance No. 10 so as to allow conveyance of Lots 5 and 6, Block 4, Hartfiel's Estates, except the west 50 feet thereof... and the west 50 feet of Lots 5 and h, Block 4, of Hartfie L s Estates shall be joined to the following parcel,,, (See Resolution R17 -8) VOTE OF MOTION: YES- Iachinski, McClure, Orttel; No- VanderLaan ;'PRESENT- Windsd1f tl Motion carried. Pegular City Council Meeting February 21, 1978 — Minutes Page 3 0 (Variance — Ken Heil, Continued) Councilperson VanderLaan: My no vote reflects that I feel this particular Variance does not meet the purpose of Ordinance 10 and that Section 2 request3that all land subdivision within the City shall equal or exceed the minimum standards set forth by the Ordinance as required by 9.06, Section a, requires that in this area lot size shall be 21 acres and 330 feet in width; While I recognize a hardship situation, I do not feel that the offered Resolution is the best solution to the existing problem. Special Use Permit - United Power Association Mr. Larry Retzlaff noted they have a lot split request of the UPA pending on February 27. In reviewing the application for the Special Use Permit, the P & Z recommended approval. At that time they did not discover that a lot split was in order. The two parcels of land would be approximately 7 and 3 acres; and the UPA is looking to acquire the 7 acres of lard, which is a larger parcel than the last area they applied for for the substation. It is also set back from the main arterial road; it is not detrimental to the health, safety, morals, and welfare of the community; there was no public opposition at the Public Hearing of this site compared to the previous application where there was a great deal of opposition; and it would be in compliance with the Comprehensive Plan. A letter was received from the current property owner that he would be willing to sell to the UPA. In looking at the Comprehensive Plan, the Commission looked at future potential growth in the area, what that area is going to look like, and the intent of the development in that region. J. P. Cairns UPA representative, noted the approximate evaluation of the substation would be between 975,000 and 4100,000; the site will utilize approximately over one acre so there is a substantial buffer area around the station itself; the area is completely wooded so they will be able to take advantage of the natural screening; and the noise factor would be within the allowable limits. Mr. Retzlaff also stated the substation is substantially offset from a residential area; the Commission reviewed the distance from Heather and 173rd Lane NW and found it to be a substantial distrance from them; they reviewed the screening with regards to the fencing around the substation itself and there will be a 7 -foot cyclone fence with one -inch of barbed wire on top; but the Commission did not study the health factor of the substation. Also, the Commission received the impression that the resident; in the northwest area were adamantly opposed; whereas there was no public opposition to this site; and this area is wooded; whereas the previous area was sparsely wooded. There was a lengthy discussion on the fact that the lot split for the acreage to be purchased by UPA should be acted upon before the Special Use Permit; on whether or not the lot split is legally possible; and on whether or not notices regarding the lot split request should be sent to property owners within 350 feet of the parcel. Mr. Babcock recommended that the property owners affected should be sent notices of the lot split reouest as this intent is different from the Special Use Permit. It was also determined the resultant Darcel from the lot split rec_uest abuts on a public roadway and seems to be within the Ordinance requirements. MOTION by Lachinski, Seconded by VanderLaan, to continue the United Power Associationts Special Use Permit to the March 7 meeting. Discussion: Councilperson McClure noted tht granting the Special Use Permit tonight would have to be contingent upon receiving approval for the lot split request; therefore, UPA would still not be receiving absolute approval this evening. It is in UPAls interest to have both the lot split and Special Use Permit dealt with at the March 7 meeting. Motion carried unanimously. 9 Recess at 8:55 p.m.; reconvene at 9:08 p.m. CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA s NO. R17 -8 A RESOLUTION APPROVING A VARIANCE REQUEST FROM K. HEIL TO CONVEY A PARCEL OF LAND NOT IN CONFORMANCE WITH THE REQUIREMENTS OF ORDINANCE NO. 8 AND ORDINANCE NO. 10 OF THE CITY OF ANDOVER, MINNESOTA BE IT RESOLVED by the City Council of the City of Andover: A Variance from Section 14. 01 of Ordinance No. 10 be granted to Kenneth J. Heil and Callie L. Heil so as to allow conveyance of Lots 5 and 6, Block 4, Hartfiel's Estates EXCEPT th West 50 feet thereof, on the basis of hardship as defined in Section 14. 02 of the said Ordinance, PROVIDED: a) The West 50 feet of Lots 5 and 6.. Block 4, Hartfiel's Estates shall be joined to the following parcel: The South 330 feet of the West 330 feet of the East 530 feet of the Southwest Quarter .of the Northwest Quarter of Section 26, Township 32, Range 24, Anoka County, Minnesota, said distances being measured parallel with the South and East lines of said Southwest Quarter of the Northwest Quarter, and the said parcels shall not be conveyed separately hereafter. b) That Lot 5, except the West 50 feet thereof and that Lot 6, except the West 50 feet thereof, Block 4, Hartfiel's Estates, Anoka County, Minnesota, shall be joined as one parcel and the said parcels shall not hereafter be conveyed• separately. c) That the owner shall cause the Auditor of Anoka County to combine the parcels described in paragraph (a) above into one parcel and the parcel described in paragraph (b) above into one parcel for taxing purposes and to obtain new parcel numbers for them from the said Auditor. d) That a copy of this Variance shall be recorded with the Anoka County Recorder. BE IT FURTHER RESOLVED by the City Council of the City of Andover, that .a variance from Section 7. 01 of Section R -3, as amended, of Ordinance No. 8 and from the effect of Ordinance No. 40, as amended, be allowed on the basis of hardship, so as to permit use of Lots 5 and • 6, Block 4, Hartfiel's Estates, except the West 50 feet thereof, as a separate site for one existing residential building. -Adopted by the CiVouncil this 21st day of February 1978 Je y W' schitl -Mayor 1 fei $R �{a r _ 1f+¢' Nil f `� ..+. S S� • \A • p (gar yo-' = L� -Y, - _ �+ _ 1 fei $R �{a r _ 1f+¢' Nil `� ..+. S S� • \A • p (gar yo-' = L� -Y, - _ �+ _ '*( Z) 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 Jon Sevald, Planning Intem: CC: Courtney Bednarz, City Planner SUBJECT: Consider Variance/4517 Valley Dr. NW/Northem Natural Gas - Planning DATE: February 25, 2003 INTRODUCTION The applicant is requesting a variance to the setback from County Road 58 (Valley Drive) to locate a building within an existing easement on the subject property. The structure would be used to odorize a branch of the natural gas pipeline that originates on the property. This project is intended to achieve compliance with recently changed federal regulations that require branch fe lines off of the natural gas system to be odorized. DISCUSSION This item was tabled by the Planning Commission on July 9, 2002 due to the lack of an agreement between the applicant and the property owner regarding access onto County Road 58. Recently the applicant has reached an agreement with TF James Co. (owner of the site) for a temporary private access as indicated in the attached letter. Permanent access to the site will be incorporated into the future development of this property. The attached site plan indicates the proposed location of the 12 foot by 24 foot structure. The structure will be located approximately 16 feet from the south property line. The minimum building setback from a County Road is 50 feet. As indicated on this plan, the easement does not provide enough space to locate the proposed structure within the easement in compliance with the setbacks. An additional variance to Ordinance 8, Section 4.21 is needed to allow the structure and equipment to be fenced with a security arm for barbed wire. This is included as a condition. The fence will be a maximum of 8 feet in total height. This is similar to what was approved by Council for Northern's Prairie Knoll Road site. Staff will review this project through the Commercial Site Plan process to insure that this project meets all building and fire codes. Applicable Ordinances Ordinance 8 Section 5.04 prescribes the process for reviewing variance requests. This section Is requires applicants to demonstrate 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: • 1. 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 conditions 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 the following findings to support the proposed variance. Please see the attached letter from the applicant. 1. The structure is needed to allow the applicant to conform with federal requirements to odorize the natural gas pipeline. 2. The existing easement is inadequate for the desired location of the proposed structure in compliance with the setback requirements. 3. The applicant has explored all other feasible options to locate the addition on the property. • 4. A variance to the Zoning Ordinance's fencing requirements (section 4.21) to allow the installation of a fence with a security arm for barbed wire is needed for security and safety reasons, not to exceed 8 feet in total height. Staff Recommendation Staff recommends approval of the variance to the County Road setback requirements and the fencing requirements based on the findings listed above. Attachments Resolution Location Map Site and Construction Plans Applicant's Letter Property Owner's Letter Photographs of site ACTION REQUIRED The Planning Commission is asked to recommend approval or denial of the proposed variance. Respectfully submitted, Jon Sevald Cc: Northern Natural Gas 1650 82 "d Street #1250 Minneapolis, MN 55431 Richard Kvanbeck, T.F. James Co. 21500 Highway 7 P.O. Box 560 Excelsior, MN 55331 —2— • CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION APPROVING THE VARIANCE REQUEST FOR NORTHERN NATURAL GAS TO REDUCE THE FRONT YARD SETBACK TO 16 FEET ON PROPERTY LOCATED AT 4517 VALLEY DRIVE, NW (PIN: 18 32 24 42 0001) LEGALLY DESCRIBED AS; Commencing at the southwest comer of said West Half of the Southeast Quarter; thence North 00 degrees 16 minutes 24 seconds West assumed bearing along the west line of said West Half of the Southeast Quarter a distance of 1430.74 feet; thence North 86 degrees 54 minutes 10 seconds East a distance of 86.16 feet to a found right -of -way monument, said monument being the intersection of the easterly right -of -way line of Anoka County Right -of -Way Plat No. 4 (aka C.S.A.H. No. 7) and the northerly line of Anoka County Highway Right -of -Way Plat No. 45 (aka County Road No. 58); thence continue North 86 degrees 54 minutes 10 seconds East along said northerly right -of -way line of Anoka County Highway Right -of -Way Plat No. 45 a distance of 80.98 feet to the point of beginning; thence North 03 degrees 05 minutes 50 seconds West a distance of 40.00 feet; thence North 86 degrees 54 minutes 10 seconds East a distance of 60.00 feet; thence South 03 degrees 05 minutes 50 seconds East a distance of 40.00 feet to said northerly right -of -way line of Anoka County Highway Right -of- Way Plat No. 45; thence South 86 degrees 54 minutes 10 seconds West along last said right -of -way line a distance of 60.00 feet to the point of beginning. WHEREAS, Northern Natural Gas has petitioned to vary from the building setback requirements of Ordinance 8, Section 6.02 for property located at 4517 Valley Drive NW, and: WHEREAS, the City Council finds that the special circumstances for the structure setback on the subject property are as follows: 1. The structure is needed to allow the applicant to conform with federal requirements to odorize the natural gas pipeline. 2. The existing easement is inadequate for the desired location of the proposed structure in compliance with the setback requirements. 3. The applicant has explored all other feasible options to locate the addition on the property- WHEREAS, the City Council fords that the special circumstances for the variance to the fence requirements on the subject property are as follows: 1. The City Council also authorizes a variance to the Zoning Ordinance's fencing requirements (section 4.21) to allow the use of barbed wire at the top of the chain —3— link fence, based on security and .safety reasons, not to exceed (8) feet in total height, and: WHEREAS, the City Council finds that the proposal will not have an adverse affect on the health, safety, or welfare of the public: 1. Successful completion of Commercial Site Plan process with the Andover Review Committee. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover approves the proposed variance request to allow a front yard setback of (16) feet and barbed wire fencing around the structure and equipment subject to the following conditions: 2. Issuance of a building permit for the proposed structure. 3. The applicant shall operate the facility in a manner that minimi the impact of odor on surrounding properties. 4. Fencing around the structure and equipment shall be a maximum height of (8) feet. 0 Adopted by the City Council of the City of Andover on this 25th day of February 2003. CITY OF ANDOVER ATTEST: Victoria Volk, City Clerk Michael R. Gamache, Mayor 0 �'Y_ Northern Natural Gas Project Location Map MM W a _s Andover Planning Pipeline Odorization Project Variance to Building Setbacks 4517 Vallev Drive I �• I I I I \ 1 I I n e \I 3 'O P I I O O.d OUC I z A o cum I ` VLi m O o I oao I e o1 3 QZ< I ¢ yyT I a ll `;N u y >+ j wn�s =J co 6 c a 4 V 1 ' U I `? I 1 • (0 L 0 Z � U) 0 U I ° Z i � o SIYw i- m O < , I,,SRT 1 IYI III I I OF (L 'ON HY's'9 10 OI PO4M0 943 ,04 paLnsoew) ,up t1oOQiaa 6utpll ^v 3 W 1 _ _T I I 1 I I 1 �4 'ON 30Id RoMT 1 el � TO I n D gw s o d ! 3 i N ^ g s tl 9 y Z I 5 O � \ly4 C ° i I o kr. 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Per our discussions, any traffic by Northern or its assigns over the existing buried facilities can and will be done in a responsible manner. Placement of these Pipeline Odorant Facilities was designed in conjunction with the existing facilities and hopefully in keeping with current City of Andover Lot Set -back requirements. These Pipeline Odorant Facilities are designed using the latest technology to eliminate any escape of the odorant. However since they are not foolproof, they also designed to adequately contain any material which may escape in the unlikely event of an accidental discharge. The effect of uncontained odorant is dependent on current atmospheric conditions, i.e., wind speed/direction, humidity, temperature, etc. The systems are also designed to notify Northern of emergency situations. Authorization is being sought for two sites located on the main Elk River pipeline. It is not necessary at this time to odorize the entire Elk river pipeline. These systems are for the purpose of providing odorant to Northern's "Lexington" branch line (Prairie Road Site) and the "Anoka" branch line (Valley Drive Site), which branch off from the mainline. The outer material for the buildings will be a brick textured material, with an earth tone color "Legionaire Tan ", and the roof will be "hunter /forest green ". Thank you again for the courtesy of any consideration, you can give to the foregoing. Sincerely, NORTHERN NATURAL GAS COMPANY Leland C. Mann Right of Way Agent • Cc John Nelson Team North Branch G JAMES November 11, 2002 Courtney Bednarz City of Andover 1685 Crosstown Blvd Andover, MN 55304 RE: Northern Natural Gas Easement Variance Request Dear Courtney, After lengthy discussions with Northern Natural Gas Company ( "NNG "), we have come to agreement on the scope and language for the Pipeline Odorization System Easement (draft copy enclosed). NNG has represented that they have a Federal mandate that requires them to odorize this pipeline. We will agree to this new easement that will allow NNG to install a 12 ft x 24 ft building above the existing pipeline easement for the purpose of odorizing the natural gas in the pipeline under the following conditions: 1. There shall be no more than one building structure of 12 ft x 24 ft x 12 ft high allowed on the site. 2. The exterior walls of the building shall be of a Castwal material with a masonry pattern as manufactured by Advance Buildings and Exteriors, Inc. NNG has stated that they intend to use the same material and color scheme that was used on their Odorization building adjacent to Prairie Knoll Park. 3. The chain link fence (with three strands of barbed wire at the top) to be installed around the perimeter of the site (40ft x 60ft) shall be a decorative green color to match the green colored building accent trim. 4. Grantor (T.F. James Company) will agree to a driveway access location on Co Rd 58 opposite of Old Valley Drive, provided this location is approved by the Anoka County Highway Dept. This driveway access shall be temporary and shall be subject Co review and reiocation by grantor with the future development of the Grantor property. 5. Grantee (NNG) agrees that Grantor shall have full access rights across the easement area to the driveway at Co Rd 58, including the right to install hard surface pavement and concrete curb gutter. 6. Maintenance of Drive: Grantee shall, at Grantee's sole cost and expense, construct and maintain the driveway access to Co Rd 58 and the service drive to its valve site and building. At such time that the Grantor property develops, Grantor shall, at its sole cost and expense, widen or relocate the driveway access. After any such widening or relocation that results in a joint shared driveway access, Grantor and Grantee shall split the cost of maintenance of the driveway area. 7. When the Grantor property develops, (a) Grantee will convert their gravel drive servicing the valve site and building to a surface identical to that used on the Grantor • property and (b) Grantee shall provide landscape plant material around the perimeter of the 40 ft by 60 ft building site. T. F. James Company P.O. Box 560 Excelsior, Minnesota 55331 (952) 401 -6600 Fax: (952) 401 -7058 REAL ESTATE DEVELOPMENT JAMES 8. Grantee shall maintain the building and all appurtenances within the easement area in a first class manner and shall not allow weeds, litter or debris to accumulate on the property. No exterior storage shall be allowed on the easement area. 9. Grantee reaffirms the rights of Grantor, as detailed in Section 3 of the original Easement, to construct, maintain and use a hard surface paving on the land and easement area. 10. Grantee shall indemnify and hold harmless Grantor from any and all liability arising out of Grantee's use and operations on or about the property, including but not limited to environmental and hazardous waste issues. 11. If the City of Andover requires Grantor to sign and submit a variance request to allow the construction of this building, Grantor must receive written assurances from the City that such variance shall not adversely impact Grantor's future development of Grantor's property. It is our understanding that the location and installation of this Odorization building will require a setback variance from the City of Andover. At the request of NNG, T.F. James Company is willing to sign the Variance Request Form as the owner of the affected property with the understanding that this Variance Request is at the behest of and for the benefit of NNG and not T.F. James Company. It is our position that this Odorization building and facility will be a detriment to our property. T.F. James Company derives no benefit from this Variance and is willing to sign this Application only because of the fact that this Odorization building and facility has been mandated by the Federal government and must be located at this specific pipeline junction and valve site. Provided the City of Andover grants this Variance Request, the City of Andover agrees that this Variance shall not negatively or adversely affect the future development of the adjoining property owned by T.F. James Company. I would appreciate it if you would acknowledge this letter by signing and returning one copy to me. If you have any questions or would like to discuss any of these issues, please call me at 952- 401 -4825. Sincerely, Richard Kvanbeck READ & ACCEPTED BY: Courtney Bednarz, Andover City Planner T. F. James Company P.O. Box 560 Excelsior, Minnesota 55331 (952) 401 -6600 Fax: (952) 401 -7058 REAL ESTATE DEVELOPMENT — If • Project:C.015273.01 LineNo.MNB -87301 Tract No.: 87301 -02 Line No.: MNB- 87701/02 Tract No.: 87701 -69 PIPELINE ODORIZATION SYSTEM EASEMENT KNOW ALL MEN BY THESE PRESENTS, That the T. F. JAMES COMPANY, hereinafter referred to as "Grantor" (whether one or more), for and in considcration of the sum of Ten and No /100 Dollars ($10.00) and other valuable considerations, the receipt of which is hereby acknowledged, does hereby grant, convey, and warrant unto NORTHERN NATURAL GAS COMPANY, a Delaware corporation, having its principle office at Omaha, Nebraska, hereinafter referred to as "Grantee " the right, privilege, and easement to construct, inspect, repair, maintain, operate, replace, and remove a Pipeline Odorization System; including a single building not to exceed 12 -feet by 24 -feet by 12 feet high, together with electrical power and communication equipment specifically required for the operation of the Grantee's equipment only, within a 40 -foot by 60 -foot area enclosed with a 7 -foot high decorative colored chain link fence, and appurtenances thereto together with a non - exclusive access driveway to and from same hereinafter called "Facility", upon the following described lands situated in the County of Anoka and State of Minnesota, to -wit: See Exhibit "A" attached hereto and, by this reference, made a part hereof. TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, so long as such Facility and appurtenances thereto shall be maintained, together with the right of ingress to and egress from said premises, for the purpose of constructing, inspecting, repairing, maintaining, operating, replacing, and removing the property of Grantee located thereon. Grantee will install asphalt pavement at the entrance apron of the access drive and will be responsible to maintain the Facility in a good, clean, first class condition. Grantee will not allow weeds, litter, debris or outside storage on the Facility. It is agreed that Grantor(s), subject to the provisions of this paragraph, shall have the right to use, and at Grantor's sole cost and expense, modify, make necessary improvements to or • relocate the access drive to Anoka County Road 458 as may be necessary or convenient for future development and use of Grantor's property. Upon request, at such time as Grantor's property is developed, Grantee shall, at Grantee's sole cost and expense,l(1) install and maintain • STATE OF NEBRASKA .) )SS COUNTY OF DOUGLAS ) Project: 0.015273.01 Line No.: MNB -87301 Tract No.: 87301 -02 Line No.: MNB -87701 /02 Tract No.: 87701 -69 The foregoing instrument was acknowledged before me, a Notary Public duly commissioned and qualified in and for said county and state, on this .23 day of r , 2003, by Glen R. Hass, the Agent and Attorney -in -Fact of Northern Natural Gas Company. (&7&A L) W WAERAL NOTARY-State of Nebraska II GAIL L SPEVAK HY Comm. Exp. June 28, 2003 STATE OF MINNESOTA ) 0 )SS COUNTY OF 1 '1rxiifCP /IJ ) �• / I J ' ✓' ' 21111 71'/� � 1�4.N �- Notary Public My Commission Expires The foregoing instrument was acknowledged before me, a Notary Public duly commissioned and qualified in and for said county and state, on this . 3 —day of nr4Co r? i _> 2003, by, 6 t LF ?5 M- *Tlq - ; e 7 ,.the of T. F. JAMES COMPANY (SEAL) x ` Notary Public _ My Commission Expires 'Ai /1X11 -�7 r This Instrument Drafted By: Right -of -Way Department Northern Natural Gas Company 1650 West 82nd Street, Suite 1250 Minneapolis, Minnesota 55431 • WORD /template /REGMEAS.DOT Return This Instrument To: Right -of -Way Department Northern Natural Gas Company 1650 West 82nd Street, Suite 1250 Minneapolis, Minnesota 55431 —fZ— = �ERT JERO` "E ^'.9ARTIN 1RY PUEUC -;- F80TA F oCC`TT t Y J;.nuary 31. 2Gd5 x ` Notary Public _ My Commission Expires 'Ai /1X11 -�7 r This Instrument Drafted By: Right -of -Way Department Northern Natural Gas Company 1650 West 82nd Street, Suite 1250 Minneapolis, Minnesota 55431 • WORD /template /REGMEAS.DOT Return This Instrument To: Right -of -Way Department Northern Natural Gas Company 1650 West 82nd Street, Suite 1250 Minneapolis, Minnesota 55431 —fZ— • -'I3